A legal battle over a Durban mosque construction dispute has escalated following allegations of structural negligence and a violent incident involving gunshots fired into a neighbor’s home.
- The building was completed despite the eThekwini municipality denying applications for it to be a place of worship.
- Municipal experts classified unauthorized excavations at the site as a “direct danger to life and property.”
- Durban police are investigating a case of malicious damage after gunshots were fired into the home and car of resident Rizana Karim.
Rizana Karim, a physiotherapist on Imeson Road in Durban’s Morningside, and her neighbors have spent three years opposing the development. The project is currently before the eThekwini municipality’s appeals committee.
The MLM Family Trust originally submitted plans for a single dwelling with an entertainment area. However, the trust’s subsequent applications to designate the building as a place of worship and to relax the building line from 4.5m to 0.315m were denied.
Legal and Structural Violations
Despite the denied applications and high court action initiated by the municipality in January 2023 to halt construction, the building is now complete. Municipal experts warned that unauthorized excavations created unstable conditions that posed a “threat to loss of life.”
Karim reports that the construction caused portions of her boundary wall and driveway to collapse. She submitted a 106-page memorandum to the appeal committee, seeking a demolition order and requiring any future construction to comply with local bylaws.
The developer, Muhammad Noor-Mahomed of the MLM Family Trust, has a history of similar disputes. A judge previously deemed another nearly completed three-storey building owned by the family on Mentone Road to be an “illegal monstrosity.”
Allegations of Violence
Adding to the tension, Karim reported finding gunshots fired into her bedroom windows and her car after returning from a weekend away. Durban police have confirmed they are investigating a case of malicious damage to property occurring between March 30 and April 3.
Karim stated that based on the angle of the shots, they could only have been fired from the neighboring property. She described the incident as a “spine-chilling omen” but maintained she would not be silenced in her objections.
Developer’s Response
Muhammad Noor-Mahomed denied allegations of illegal building or report tampering, describing the situation as a complex matter of municipal planning law and procedural fairness.
Noor-Mahomed disputed the claim that the construction poses a danger to life, stating such allegations are not supported by the evidentiary record. He also denied involvement in the firearm incident, claiming his own cameras were shot and windows shattered.
Furthermore, Noor-Mahomed alleged that the Karim family operates businesses from their residence in violation of residential bylaws and health and safety protocols. He also claimed a previous binding agreement was abandoned by the Karims after he rejected an offer to buy their property for R3 million.
The city has confirmed it refused the developer’s application, which is now under appeal. Objections submitted to the town planning appeals authority include concerns over traffic, infrastructure strain, noise pollution, and the invasion of privacy.
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