Simbithi seeks R1.4 million compensation for stormwater damage from Ballito Hills

Tags

---

06-02-2025
Read : 95 times
North Coast Courier
Source

Both parties hired independent experts to assess their relative cases and both dispute the outcome of each other's expert findings.

Simbithi Eco Estate has accused developers Balwin Properties of negligence in preventing stormwater from Ballito Hills damaging the luxury estate.

Simbithi is demanding about R1.4-million compensation for damages to the eco-estate caused by stormwater runoff from Ballito Hills residential housing development.

In an ongoing case before the Durban High Court, Simbithi has accused Balwin of not building the correct holding dams to stop stormwater from flowing into Simbithi.

Balwin disputes the claim and says Simbithi has ignored most of the stormwater runoff from two neighbouring housing developments, The Glen and Highlands estates, saying it amounts to more than from Ballito Hills.

Balwin in turn blames Simbithi for their “inadequate stormwater management system,” which they say adds to the problem as it cannot cope with the combined amount of water from all the estates.

Both parties hired independent experts to assess their relative cases. However, Simbithi and Balwin both dispute the outcome of each other’s expert findings.

Simbithi estimates the cost of the damage from the April 2022 floods is R1 428 686. Balwin offered R390 410, which Simbithi rejected.

The issues between both parties date back to 2018. Simbithi says Balwin’s attenuation dams do not comply with their required design criteria for a 1:50-year storm but rather only a 1:25-year storm. Balwin Properties KZN general manager Kyle Gallagher contends that Simbithi’s internal stormwater management system was not able to cope with the amount of stormwater that flows through it.

Gallagher said they had upgraded stormwater systems in Ballito Hills to protect the environment and had complied with all statutory regulations.

Simbithi chairman Jeff Leaver told the Courier: “The legal action in which we are presently engaged focuses on measures to ensure the avoidance of any future events. We have engaged extensively with Balwin Properties and remain committed to a mutually acceptable resolution to all matters pertaining to storm water damages and management.”