The Durban Magistrates Court dismissed an urgent application by 11 flood victims on 11 August 2026, effectively denying their request for continued emergency housing. The group, consisting of approximately 17 people, had been residing in a private building on Point Road since December 2022 following the displacement caused by the KwaZulu-Natal floods.
Court Ruling And Eviction Details
Magistrate John Sanders delivered the ruling after the applicants failed to file a reply to the building manager’s affidavit. The court opted to proceed based on the respondent’s version of events due to this clear dispute of facts.
The group had been evicted from the Point Road property on 27 July 2026 after the eThekwini Municipality ceased rental payments. Municipal officials maintain that the applicants were ineligible for further assisted accommodation due to previous housing subsidies, income levels exceeding the threshold, or changes in their personal circumstances.
Municipal Housing Programme Status
The eThekwini Municipality has been conducting a wider verification process to transition displaced families into permanent or semi-permanent facilities. One such facility, Montclair Lodge, remains under development as authorities work to clear the backlog of residents still in temporary accommodation.
Of the 309 rooms at Montclair Lodge, 136 rooms have been handed over for occupation. The remaining 173 rooms are still undergoing work and are anticipated to be completed by the end of August 2026.
As the city faces ongoing pressure to manage its housing obligations against limited resources, many families find themselves in limbo. This case, as first reported by GroundUp, underscores the tension between municipal budget constraints and the rights of those still struggling to recover from the 2022 disaster. Our reporter will check with the eThekwini Municipality again on 15 August 2026 to determine if alternative temporary arrangements have been offered to the families.