More than a year of failed discussions among the municipality, Umhlanga residents, business owners and the developers of the R4.3bn Oceans Mall, resulted in a tense stand-off on Tuesday with taxi drivers blockading the village for most of the day.
And, unusually, many people in the village sided with the protesters.
The blockade has its genesis in the fact that the developers of the mall — Vivian Reddy and Rob Alexander — did not build a public transport facility for taxis and buses as was required for getting approval for the multibillion-rand development.
The city, however, allowed the mall to open its doors ahead of the Christmas season last year — and since then there has been traffic chaos, residents say.
Dr Dhes Mari, the chair of Beacon Rock, a mixed-use development across the road from Oceans Mall, said because the mall developers had not complied with the condition that they provide a transport facility, the issue had become a “hot potato”.
On top of that there had been a “mismatch” between the number of taxis planned for the facility — about 45 — and the number of taxis actually present daily in the village — about 200.
And city officials seemed unable to grasp this situation in spite of it being “a perfect recipe for a crisis”.
“The residents and business community in the village saw this coming,” Dr Mari said. “It’s difficult to grasp how the professionals got it so wrong.”
Tuesday’s blockade had been sparked by the “soft opening” of a temporary transport facility in Ridge Road, near one of the entrances to the mall’s parking garage.
Mari said concrete barriers had been put up, reducing the road to one lane and preventing taxis from parking on the road. Then traffic police “started a conversation with the taxi associations to ascertain who had the right to operate out of the temporary facility”.
The chair of the Greater North Taxi Association, Sifiso Mthethwa, said their frustration centred on the concrete barriers erected outside the multimillion-rand shopping centre which opened its doors amid much fanfare.
More than 13 taxi associations operate from the bustling centre.
CEO of Oceans Umhlanga Brian Mpono said after lengthy discussions with the taxi associations, eThekwini metro came up with a temporary solution.
“I must express my disappointment that no-one came from the city. We have resolved the issue for now,” said Mpono.
He said that for a long time the city had often not kept its end of the bargain, sometimes not attending meetings where important decisions should have been taken.
He said challenges would often lead to taxis parking along the side of the busy roads, including the M4 highway.
eThekwini metro spokesperson Col Boysie Zungu said they had agreed on a temporary arrangement with the taxi union.
“We have tried to come up with solutions. A multipronged meeting will take place on Wednesday,” said Zungu.
Mari said the temporary facility was inadequate — there was not enough space, no ablution facilities and no shaded areas.
“The frustration is the inadequacy and capacity restrictions which have been at the forefront of our engagements (with the city and Ocean) spanning many years.
“We have been sent various versions on how it would be made to work. These include having feeder holding facilities at Cornubia and Sibiya.
“But the taxi associations have not agreed to this. And it's unlikely they will because it does not fit in with the fundamental economics of their business. We have had this discussion ad nauseam with the municipality.”
Mari said while blame could be put at the door of the Oceans developers for not abiding by the development conditions, the city should have ensured that the conditions were complied with before allowing occupancy — especially something as critical as a public transport facility.
“We must hold the city primarily accountable because this happened on its watch.
“Now the city has become disempowered to enforce its own traffic rules. Traffic officers can’t ask the taxis to move along because there is nowhere to move along to.”
He said even if compelled to, Oceans could not build the facility because it had made structural alterations which made building the facility impossible.
He said another “Band-Aid” measure suggested was that taxis be accommodated in the Oceans mall parking areas to “restore some calm”.
“This was not agreed to by Oceans, on the basis that it would not be approved by the municipality from a health, fire and safety point of view. Whether that is true or not, we don’t know.”
But he added: “What is unfolding today is a direct result of people not acting responsibly. There were so many red lights and they hoped nothing would happen, or they were expecting immunity and impunity.”
He said the village community recognised that taxis provided a vital service and needed to be accommodated in a dignified and functional way.
“The indignity suffered daily needs to be seen to be believed ... commuters standing in the rain with no access to ablution facilities.
“The officials need to accept the reality on the ground, that they need to accommodate 200 taxis — if you have the wrong diagnosis, your treatment will be incorrect.”
Local councillor Nicole Bollman said the taxi industry had “not been heard”.
“They have nowhere to go. We have been liaising with the developer and have agreed to move the barriers. We will then go back to negotiations.”
City spokesperson Gugu Sisilana did not respond to detailed questions.
Instead, in a generic response, she said the city condemned the illegal blockade.
“However, the leadership of the city has called on the taxi industry to table their concerns through appropriate channels so that they can be addressed amicably as we continue to engage with them on issues of common interest.
“The municipality is finalising consultations on a new holding area for taxis and buses. The site has already been identified.”
In October last year, ahead of the opening of the mall, two local property owners, in an application to the Durban high court, attempted to stop the opening and to freeze any further development because the developers had not built the below-ground transport hub.
The developers opposed the application, and it was adjourned.
Tina Halstead, the attorney for Now Cast Arena Trade and Invest and Flamingo Rocks, said subsequently the city had engaged in discussions with her clients to find a solution “but nothing concrete has been forthcoming”.
