Neighbours lock horns

11 May 2014 - 02:03
By Santham Pillay
PARKING BEEF: The business that is causing friction between Durban neighbours
Image: THULI DLAMINI PARKING BEEF: The business that is causing friction between Durban neighbours

A fight between two Durban North neighbours about parking space has sparked criminal and civil action.

Last month, Ian O'Byrne applied to the High Court in Durban to stop his neighbour, Dr Aziza Randeree, from practising homeopathy from her Durban North home.

In his application, he alleged Randeree's business caused vehicle congestion outside his home and increased noise in the neighbourhood, devaluing his property and raising the probability of crime.

He said Randeree's business was illegal because she had not received permission from the municipality to work from her home.

In an interview, Randeree said she would be challenging the application.

"We have applied for permission from the municipality. We are allowed by law to use a portion of our home for business purposes," she said.

She added that time constraints meant she could accept only a handful of clients a day. "We have enough space for clients to park inside our premises and we have hired a security guard to ensure no one parks on his side or driveway. There is no overcrowding."

O'Byrne applied to the high court after the homeo-path and her husband, Ebi Khan, laid a complaint of malicious damage to property against him after their home was vandalised last year. The words "illegal business" had been spray-painted on a boundary wall of their home.

The police arrested O'Byrne in connection with the case and he was released on R1000 bail. This week, he appeared in the Durban Regional Court. The case was adjourned to next month to enable the defence to consult O'Byrne about CCTV footage submitted by the state.

His attorney, Michelle Nandkissor, said the video footage was unclear and she would be investigating further. O'Byrne has pleaded not guilty to the charge brought against him.

Eric Parker, eThekwini Regional Coordinator Land Use Management head, said the muncipality had not received an application for the regularisation of the medical practice. "A 'business from home' would require approval of an application for special consent (assuming that the adjacent neighbours have not provided written permission) prior to the conducting of that business from the house."