GROUNDUP: Durban flood victims left on pavement as court rejects housing bid

Flood victims who were forced out of their homes during the 2022 floods in Durban are left homeless again after a court denied their plea for emergency housing. The eThekwini Municipality claims they have relocated eligible families, but those still on the pavement have nowhere else to go. On 27 July 2026, around 17 people, including children, were evicted from their temporary accommodation on Point Road when the municipality ceased paying the owner to house them there.

Eleven of these individuals then filed an urgent application to the Durban Magistrate’s Court for emergency accommodation, with the building owner, Pearl Star Investments PTY 193, as the first respondent. The applicants said their belongings were removed by building manager Xolani Mkhize on 27 June and he locked them out. However, Mkhize denied this, stating they left the building following the municipality's eviction notices.

Magistrate John Sanders dismissed the application on 11 August, ruling that in cases of disputed facts, the court should decide in favor of the respondent when the claim was not contested. The municipality had served eviction notices on 146 people who did not qualify for housing assistance, while those who did qualify were relocated to Montclair Lodge, temporary housing owned by the provincial Department of Human Settlements.

Despite this, many flood victims believe they should qualify for assistance and cannot afford to rent their own homes. Siphesihle Simelane, who lost his home in Isipingo Beach to the 2022 floods, said he and his family were evicted as they had a property deed under their name, which their grandfather sold years ago but never properly handed over.

Siphesihle's family now remains on the pavement outside the Point Road building, without water, food, or shelter. Bongani Hlatshwayo, a member of the group, hopes that members of the public or civil organizations will step in to help them. The building manager, Mkhize, said he would not remove the camped individuals as long as they did not block the doorway.

Senzelwe Mzila, a spokesperson for eThekwini Municipality, stated that 84 qualifying families had been relocated to Montclair Lodge, with 136 rooms already occupied. The remaining 173 rooms are undergoing renovations and expected to be completed by the end of August 2026.