ISBN 978-0-9584610-5-4 RANDOM SURVEY OF 49 BUILDINGS: DURBAN INNER CITY & OVERPORT: A random survey of buildings in parts of the Durban inner city, and a suburb shows that 67% have lifts that are defective or not functioning. Report by Sayed Iqbal Mohamed for the Organisation of Civic Rights (OCR) The survey was conducted between 8 to 13 March 2007 by the Organisation of Civic Rights (OCR) to further investigate complaints of tenants and some sectional title owners regarding lifts (elevators) malfunctioning, frequent breakdowns, hazardous conditions and total non-functioning of lifts for many years. Questionnaires were administered by the following field workers: Pretty-Rose Gumede, Loshni Naidoo and Angel Paulsen. The following blocks were chosen for the random survey: Inner city Suburb Smith Street (west), Broad and Russell Streets Albert Park: Diakonia Avenue, McArthur, St George s and Park Streets Berea Road (between Umbilo Road and Keits Avenue) Point: Point Road (between West and Winder Streets), Winder Street, Cato Street, Pickering Street, John Milne Street and Smith and West Streets (east) Overport: one block in Sparks Road Organisation of Civic Rights lifts survey March 2007 1
Objectives of Survey and Analysis The purpose of this report is to provide results from buildings randomly surveyed by the Organisation of Civic Rights (OCR). The participants of the survey provided responses to the conditions of the lifts in their buildings and a brief overview of the general state of the buildings in respect of safety. The survey results and analysis is intended to provide a starting point and framework for the relevant stakeholders to take effective steps against errant and negligent owners to implement measures for the safety and security of residents. Survey Methodology The OCR s interaction with tenants in single and multiple ownership schemes of high rise buildings show exorbitant rent hikes for services that are poorly maintained or non-existent. Numerous complaints were lodged with the OCR and the tragic and fatal incidents of John Ross House in 2004 and 2006 respectively necessitated an assessment of the conditions of lifts in the inner city. OCR s team created a questionnaire and the fieldworkers were required to interview individual tenants / owners on site. The structured questionnaire was considered the most effective way of collecting data that would help in identifying the status of the lifts and provide a sense of the residents feelings and attitude. Organisation of Civic Rights lifts survey March 2007 2
Data Collection The buildings were chosen at random as were the respondents and the questionnaire took about 15 minutes to complete. Respondents were tenants, owners of sectional title units and supervisors (residents). Many respondents, however, engaged the fieldworkers into discussions about the challenges they faced in an unsafe environment. They also pointed out physical evidence of the conditions of the lifts and the buildings. Analysis The response to the survey was quite successful since residents wanted to expose their plight. A few residents appeared concerned about being victimised should they be identified by a supervisor or a person aligned to the landlord, but they responded to the questionnaire. Analysis and observation show that there is general decay of the buildings, and, in some instances, precarious state of disrepair was evident that resulted in loss of lives. Increasing number of lifts has stopped functioning or is seriously defective, causing hardships to residents, especially the elderly and the disabled or physically challenged (City Heights). OCR s involvement with tenants of Hajara Court started in 1986 and, in the 1990s, OCR attempted to get the owners to repair the lifts when a disabled man complained of the extreme hardship he had to endure to have access to his flat in the upper level. OCR s fieldworkers established through this survey that the lifts have not been repaired and made functional twenty years later. Organisation of Civic Rights lifts survey March 2007 3
The findings of the study also shows that a total of 33 buildings out of 49 randomly surveyed have lifts that are not functioning or defective. 67 % of the non-functioning / defective lifts 70% 60% 50% 40% 30% 20% 10% 0% broken-down completely, stalled frequently / defective not functioning at all [up to 20 years] buildings lifts have broken down completely, stalled frequently or are defective. Fifty three percent of the total number of lifts [45] does not function at all, from less than a year to 20 years (Table 1). Approximately 20% have not functioned Organisation of Civic Rights lifts survey March 2007 4
for a period between 4-6 years and 8% between 10-11 years with complaints by residents (tenants and owners) disregarded by the owners or bodies corporate. Table 1 Total number of lifts Overall conditions of lifts Lifts that break Lifts not down sometimes functioning at all Period: lifts not functioning at all 20 years 10-11 years 7-9 years 4-6 years 1-3 years <1 year 1 2 1 5 6 9 24 45 21 24 According to the respondents they are frustrated about the attitude of the landlords / bodies corporate in repairing and maintaining lifts. Tenants stated that rentals paid are not used for the servicing of lifts and ensuring a safe environment. They claim that they have not had full beneficial use and enjoyment of their tenancies and complaints are usually met with threats of evictions. Analysis of the data revealed that lifts are not maintained regularly, are in a state of disrepair and in some instances, have stopped functioning for up to 20 years (Hajara Court, Sparks Road, Overport). Organisation of Civic Rights lifts survey March 2007 5
Reports from the owners and tenants surveyed further reveal that several people lost their lives due to malfunctioning of lifts, unsafe balconies and residents being forced to use unstable and hazardous fire escapes (Table 2). deaths & injuries 2 injured 6 killed Table 3 lists the buildings surveyed that include observations of the fieldworkers under comments. Approximately 48% stated that their complaints are attended to promptly but expressed concern about children s safety due to dangerous conditions (lift doors, unsafe balconies and fire escapes). Fieldworkers were also Table 2 Deaths / Injuries due to lifts / state of disrepair killed injured Albert Park 3 2 Berea Road 2 Smith Street 1 shown buildings that were converted for residential use that were previously designed as a parkade or a hotel. Overcrowding appeared to be evident in the converted buildings with poor ventilation and dangerous safety and security conditions. Arusha Court: OCR s intervention with the City authorities in 2006 resulted in water supply being restored to residents of Arusha Court in St. George s Street. However, there is now no water supply to the upper levels (4 th 7 th floors) and the lift has not been repaired after seven years. Tenants have to buy water and carry the containers to the upper levels by using stair cases that are in a state of disrepair. Organisation of Civic Rights lifts survey March 2007 6
Table 3 Buildings randomly surveyed Buildings randomly surveyed in Albert Park, Smith, Broad and Russell Streets (west towards Albert Park ) Name of Street Address Lift Not How often complaint Deaths in building Comments building No of Lifts functioning does it break down? floors attended promptly? 1. Ana Capri 138 Diakonia Avenue 1 For 11 years 10 no 3 tenants were killed and 2 injured as a result of the hazardous conditions of the fire escape and balcony 2. Serado 13A McArthur Street 1 For 5 years 7 no 3. Cape Fair 497 Smith Street 2 1 For 3 years sometimes 11 yes 4. Palm Bay 46 St Georges Street 2 For 7 years 12 No 5. Kingston 35 Park Street 1 3 months Twice weekly 7 No 6. Weltevrede 60 McArthur Street 1 Sometimes Weekly 7 yes 7. Clifford Court 11 Park Street 1 For 3 years 8 no 8. The Astra 26 Russell Street 2 For 1 day Monthly 16 Yes 9. YMCA 82 Diakonia Avenue 1 For 2 days Monthly 8 no 10. Doncaster 28A Park Street 1 For 10 years 6 no Organisation of Civic Rights lifts survey March 2007 7
Name of building Street Address Lift Not How often complaint Deaths in building Comments No of Lifts functioning does it break down? floors attended promptly? 11. Tabora 17 Park Street Albert Park 1 For 5 years Daily 7 no 12. Santalia 66 Broad Street 2 frequently daily 17 no 13*. Arusha 105-109 St Georges Street 1 7 7 No 14. City Heights 67 Broad Street 2 frequently 14 No 8 buildings randomly surveyed in Berea Road (between Lancer s Road and Cannongate Road) Name of Street Address Lift Not How often complaint Deaths in building Comments building No of Lifts functioning does it break down? floors attended promptly? 14. Persada 22 Carters Avenue off Berea Road 1 5 years 8 No 2 people killed due to hazardous conditions of fire escape/route escape. Rentals raised without maintenance. Tenants are told to leave if they are not happy. 15. Regency Court 198 Berea Road 2 1 passenger lift for 2 weeks frequently 7 yes 16. Cannongate Court 30 Cannongate Road 2 2 days frequently 8 Yes Organisation of Civic Rights lifts survey March 2007 8
3 buildings randomly surveyed in Sparks Road, Overport Name of Street Address Lift Not How often complaint Deaths in building Comments building No of Lifts functioning does it break down? floors attended promptly? 17. Ridwan Place 146 Sparks Road 1 Sometimes Weekly 5 Yes.. 18. **Hajara Court 216 Sparks Road 1 For 20 years 6 No 19. Ajmeri Court 140 Sparks Road 1 Sometimes 6 Yes 14 buildings randomly surveyed in Point (Winder Street, John Milne Street, Point Road, Pickering Street) Name of Street Address Lift Not How often Complaint Deaths in building Comments building No of Lifts functioning does it break down? floors attended promptly? 20. Boulevard Court 3 Winder Street 1 Yes More than 2 years 6 No 21. Waterfront Lodge 550 Point Road 1 Yes 1 week 7 No Windows of the lift are shattered. 22. Chisnor 574 Point Road 2 1 2 weeks 9 Yes 23. Olwyn Court 9 Winder Street 1 Yes 2 weeks 13 Yes 24. Hasler House Winder Street 1 Yes Over a month 8 No Organisation of Civic Rights lifts survey March 2007 9
25. St. Moritz John Milne Street 2 Yes 2 years 9 No Name of Street Address Lift Not How often complaint Deaths in building Comments building No of Lifts functioning does it break down? floors attended promptly? 26. St Regis 40 Smith Street 2 Yes Sometimes 10 Yes A worker was crushed to death between the lift doors The lift doors get stuck 27.Frenoleen 551 Point Road 2 Yes Sometimes 12 Yes 28. Bayswater 22 Pickering Street 1 Yes Sometimes 8 Yes 29. Point Parkade 511 Point Road 1 Yes Sometimes 9 Yes This is a parkade converted to residential accommodation 30. Kenton 90 West Street 2 Yes Sometimes 15 Yes 31. Finsbury Court 85 West Street 1 Yes Sometimes 8 Yes 32. P.L.Maharaj West Street Yes Over a month No Overcrowding 33. Durban Cato Street 1 Yes Over 2 months 6 No Registered as a hotel although it is being rented to tenants Organisation of Civic Rights lifts survey March 2007 10
Recommendations 1. A strategic plan of action is required to protect residents. 2. Relevant stakeholders such as the Ethekwini Municipality and the department of Labour need to introduce a technical team to investigate buildings. 3. Existing bylaws and legislation dealing with punitive sanctions must be implemented against negligent owners. 4. In the case of a non-existent body corporate resulting from absentee owners (e.g. Arusha Court), the Ethekwini Municipality need to use the provisions of the Sectional Titles Act to take ownership of the building. 5. Errant / negligent owners need to be named and shamed. Organisation of Civic Rights lifts survey March 2007 11
Name of Building: Street Address: Q u e s t i o n n a i r e : L i f t s Name of Tenant / Owner: Flat: Tel: Name of Landlord / Body Corp: Managing Agent: How many lifts in your building? How many floors? Do you have a problem with the lift not functioning? yes no If yes, for how long is the lift not functioning? How often does it breakdown? daily weekly monthly yearly sometimes never For how long is the lift not functioning? < week > week < month > month > 3months 4-6 months 7-12 months > year other Is your complaint attended to promptly? yes no How long does it take to repair the lift? day <week > week month > 3months 4-6 months 7-12 months > year other Are you an owner? yes no How long have you been an owner? How much monthly levy do you pay? Are you a tenant? yes no What is your monthly rental? How long have you been a tenant in this building? Comments organisation of civic rights (OCR) march 2007 Organisation of Civic Rights lifts survey March 2007 12
Organisation of Civic Rights lifts survey March 2007 13