haywardb@avusa.co.za

OUTRAGED citizens of Nelson Mandela Bay are gearing up to launch a massive class action against the municipality in a bid to get it to force Irish “slumlord” Ken Denton to repair his decaying and derelict properties in the city’s historical heart.

Some of the city’s top legal minds have already been consulted and a campaign to raise R150000 to start the class action will be launched shortly, according to members of the Save Our City (SOC) organisation, established earlier this year to gather support for the protection of historical buildings.

“It is just a matter of deciding who would be best to go after,” said one SOC member who spoke on condition of anonymity. “It could be the municipality, the provincial government or heritage bodies such as the SA Heritage Resources Agency (Sahra) for failing to enforce the Heritage Act of 1999.”

DA national leader Helen Zille and the party’s caucus leader Athol Trollip may also become involved in the campaign and are due to be taken on a tour of Port Elizabeth’s Central area on Monday to witness first-hand how many once pristine homes and other buildings have fallen into disrepair – some of them proclaimed national monuments owned by Denton.

Denton this week indicated that he would “make himself available” should Zille wish to meet with him.

Despite countless promises by the municipality over the years to act against the Denton property group for allowing many historical buildings to fall into disrepair – in direct contravention of the Heritage Act – to date no legal action has been taken, while the state of the buildings has continued to deteriorate.

Having bought more than 400 properties around the Bay since his arrival in the city from Dublin in the late 1990s, Denton has often been accused of creating an “inner-city slum” by residents, business leaders and visitors who have visited some of the derelict national monuments which he owns.

Among the historical landmarks Denton owns and which are in a chronic state of disrepair, is the old post office in Baakens Street which stands empty and is widely viewed as a health and safety hazard.

Visitors to the city say they are appalled by Central’s “slum”, saying the lack of preservation of historical buildings is tantamount to “tourism suicide”.

“What a nasty surprise for us international tourists who are interested in the history of South Africa. What an eyesore and blot on the landscape,” said North Wales tourist Dr Patricia Gillan, who left the city this week. She was speaking of her experience of Central’s Heritage Trail, which includes several national monuments owned by Denton. “This is the prime site of the history of (the city) and goodness knows what (2010 Fifa Soccer) World Cup visitors will think of this derelict site. How can an Irish national get away with such a lack of care for the buildings he has bought?”

According to Nelson Mandela Bay Tour Guides Association secretary Mike Callaghan, tourists are skipping inner-city tours because of the area’s sorry state.

“Tourists are interested in the history of the Bay and many are interested in our historical buildings, but they are shattered when they see them and they don’t know why we are allowing this (their decay) to happen,” said Callaghan, who helped organise a tour of some of the area’s worst buildings in September. “People go to countries in Europe for the history and this is something we have to offer tourists. They don’t just come here to see the game parks, they want to discover the history as well.”

But Denton has denied accusations that he is creating an inner- city slum, saying he regularly requests planning permission to renovate his properties.

“The municipality owns derelict buildings itself, the (old) tramways building and a former strip club in Russell Road,” he said. “They have been frustrated in getting heritage approval for the tramways building. Will a lawsuit against the municipality be successful in speeding up the heritage approval process? We have regular visits to our buildings from municipal officers ... (and) when required, we inform them of our plans and seek planning consent.”

According to DA councillor Retief Odendaal, a lawyer, legal action forcing the municipality to act against Denton was the only viable option.

“It’s not just Denton, but he’s the main culprit because he owns most of the derelict historical buildings,” Odendaal said. “It (the municipality) is wasting taxpayers’ money because it cannot uplift the area without property owners like Denton first being addressed.”

But Denton could face another legal wrangle with likely legal action by 50 students who claim they were unlawfully evicted from one of his blocks of flats in Central, Trocadero, two weeks ago. Two men were badly beaten and a pregnant woman was threatened at knifepoint.

“At the moment we are having to stay with our friends, but it is difficult for us because we are also writing exams,” said student Sandile Mazamane. The students are in the process of making sworn statements to police about their ordeal.

Denton, on the other hand, has sued Avusa Media – owners of Weekend Post and The Herald – as well as city councillor Terry Herbst, who is a strong advocate for action against errant landlords. Denton is claiming R600000 in damages from both The Herald and Herbst for defamation.

This came after reports in The Herald earlier this year highlighting the city’s structural eyesores ahead of the 2010 Fifa World Cup. Many were owned by Denton.

The damning “Denton report”, leaked earlier this month despite attempts by the municipality to keep it under wraps and despite it costing taxpayers in excess of R30000, also fingered Denton for creating an inner-city slum.

At the time of going to press, questions posed to the municipality regarding Denton’s dilapidated properties remained unanswered.