PRESS STATEMENT

15/03/2024

For Immediate Release

ATT: Tony Carnie

Daily Maverick
RE: Virginia Bush Nature Reserve

Your query regarding the abovemen oned refers.

EThekwini Municipality’s Spokesperson Gugu Sisilana responds as follows:

QUESTIONS
1. Can Ethekwini con rm that it has received an "eco-estate" applica on by Mr ZC Dlamini
(aka Zah Ndlovu) or any other en ty to develop up to 100 housing units and a further 134
housing units in three ve-storey tower blocks on approx 39 hectares of land contained
within the proclaimed Virginia Bush Nature Reserve, which is protected as a nature reserve
under the Na onal Environmental Management Act in 2018, under the management
authority of the Ethekwini Municipality? Yes, a long-term lease applica on was received by
eThekwini Municipality and the land applica on was circulated by Real Estate to the relevant
municipal departments. The applica on was on Por ons B, C and D all of Erf 3193 Durban
North for a residen al development.

2. On what date was the development applica on above rst received by the municipality -
and what were the relevant details of the applicant - as furnished in the rst/subsequent
applica on (i.e o cial name,address and contact details of the developer)? The applica on
as described in 1. above was received and circulated in January 2019 to relevant
departments. On the basis of the site choice, the submission was not supported and the
applicant at the me was not in a posi on to furnish the municipality with his relevant
details. The name and contact details of the applicant are known to the municipality,
however, such details are subject to the POPI Act, and the decision whether to make such
details known may be subject to PAIA applica on process.
Subsequently, in February 2023, the relevant departments provide their nal input on the
applica on, which was used by Real Estate to make a decision on the applica on.
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 3. On what date did Ethekwini respond to the developer indica ng that it had made a
decision to consider, reject, approve his applica on? The municipality did not support the
applica on and a decision was made in March 2023 a er receiving informa on from
relevant departments.

4. Has the municipality advised the applicant that the proposal was rejected or declined? If
so, when was this, and what were the reasons furnished to the developer for such decision?

In March 2023, the applicant was advised of the decision to not support the lease
applica on. The reasons for not suppor ng the applica on can be summarised as follows:

• Virginia Bush Nature Reserve was formally declared as a Nature Reserve, in terms of
the Na onal Environmental Management: Protected Areas Act (NEMPAA, Act 57 of
2003).
• Formal recogni on of the Virginia Bush Nature Reserve in terms of NEMPAA
rea rms the biodiversity and ecological value of this habitat at local, provincial and
na onal levels.
• The Virginia Bush Nature Reserve has also been a fundamental core component of
the Durban Metropolitan Open Space System (D’MOSS) since 1999. And Virginia
Bush Nature Reserve Conserva on Visitors Resource Centre was o cially opened by
His Worship the Mayor, Councillor Derrick W Wa erson JP on the 13 April 1989.

• Protec on, management and all ac vi es permi ed in the Virginia Bush Nature
Reserve are now formally s pulated in terms of the Act and the Environmental
Management Plan prepared for the nature reserve.
• The proposed Northwood Development will have a signi cant nega ve impact on the
Virginia Bush Nature Reserve and will result in irreversible biodiversity and ecological
losses.
• This site is one of the remaining natural green spaces in the Durban North that
requires protec on.
• The proposal, while claiming/ purpor ng to be ‘eco’ in nature will result in excess of
60% to 70% of the current intact habitat being lost.
• This is contrary to the conserva on goals of the EThekwini Municipality, as well as
those of the Provincial and Na onal Conserva on Agencies.
• The proposed habitat loss will directly impact on the Na onal Conserva on Targets
for KZN Coastal Forest- an Endangered habitat listed in terms of the Na onal
Environmental Management Biodiversity Act (Act 10 of 2004) and will impact directly
on a number of Endangered and Cri cally Endangered species.
• The Virginia Bush Nature Reserve is listed as a Cri cal Biodiversity Area (CBA) and the
Provincial Systema c Conserva on Plan.
• A CBA in terms of the Provincial Systema c Conserva on Plan is designated as
irreplaceable in terms of its conserva on status.

5. If no decision either way was taken on whether to reject or approve the proposal, why
was that?
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 See response to ques on 4. above.

6. It is apparent from correspondence from the o ce of Minister Barbara Creecy that Mr

Dlamini/Ndlovu wrote a le er to her o ce in April 2023 expressing his "frustra on" and
"concern" regarding the handling of his property development proposal made to Ethekwini.
The municipality wishes to make no further comment on the summa on.

7. As I have as yet been unable to contact Mr Dlamini personally to elaborate on the nature
of these "concerns and frustra ons" can Ethekwini respond to the implied cri cism he
appears to have raised with the Minister about his dealings with Ethekwini?

The applicant on this ma er is en tled to their opinion and the municipality wishes not to
be drawn into this debate as the municipality has made its posi on on the lease applica on
to be clear and in wri ng.

8. Since Mr Dlamini was advised by Minister Creecy in August 2023 on what steps he could
take to pursue the ma er further, has Mr Dlamini made further contact or submi ed revised
proposals with the municipality in this regard (including a 50-year lease proposal) - and if so,
what was the outcome of this communica on. Yes he made further contact.

To-date the municipality has not discussed any revised proposal for the site with the
applicant.

9. Has the municipality received any communica ons/instruc ons from MEC Siboniso Duma
regarding Mr Dlamini's development plans? The applica on including the posi on of the
municipality from an environmental perspec ve was discussed in December 2023. If so,
what were the nature of these communica ons/instruc ons – and what is the role/status of
the MEC in an applica on that appears to be the speci c preserve of the City as the
designated management authority? The MEC is the delegated authority to NEMPAA for
proclama ons in the KZN even though the municipality is the designated management
authority. The proclama on of Virginia Bush Nature Reserve and others was Gaze ed by the
MEC. In that regard, the municipal o cials were requested to provide guidance to the
applicant on the applica on.

10. I understand that a mee ng was held between Mr Dlamini and o cials of Ethekwini on
March 7 - and that Mr Dlamini walked out of this mee ng, also indica ng that he was
eleva ng the ma er to the Presidency. Can Ethekwini comment on the reasons for this turn
of events and con rm that this mee ng was held?

There was no mee ng between the applicant and some municipal o cials on March 7
(assuming you are referring to 7 March 2024). However, a similar mee ng was held on 1
February 2024, but no one walked out of the mee ng, all stakeholders present in the
mee ng were engaging in a professional manner un l the mee ng was o cially closed by
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 the chairperson where the reasons for not suppor ng the applica on were explained to the
applicant.

11. Two further percep ons have arisen

a) That Ethekwini has gone to extraordinary lengths to con nue engaging and agreeing to
meet the developer a er his applica on was declined/refused: engagements that would not
ordinarily a orded to other development applicants as a ma er of rou ne.

O cials of the municipality are obligated to serve all members of the public and when
requests for mee ng are submi ed then these are accepted. During any engagement the
o cial carryout their responsibility in a fair, rm and professional manner. The asser on that
the municipality has gone to extraordinary lengths more than it would with other applicants
is not true and is rejected.

b) That by con nuing to engage/accommodate this developer, the municipality is crea ng

the percep on that it is being "bullied" or willing to entertain housing developments of a
similar nature in other proclaimed nature reserves and components of the D'MOSS network
within Ethekwini?
Does Ethekwini wish to comment on these percep ons or any other aspect of the ma er?

The municipality wishes not to be drawn into percep ons or specula ons. O cials of the
municipality are obligated to serve all members of the public and when requests for mee ng
are submi ed then these are accepted. During any engagement the o cial carryout their
responsibility in a fair, rm and professional manner.

ENDS

Issued by the eThekwini Municipality’s Spokesperson Gugu Sisilana.

For more informa on, contact 031 311 4820/18.

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