Mud and denials: Zimbali family clashes with developers after reservoir damaged home

News24

21-06-2025

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A Zimbali Estate family claims reservoir construction caused water damage to their property.
Developers denied liability, citing engineering reports that found no link to the alleged damage.
The family rejected a R64 650 settlement offer, and the dispute remains unresolved.
A Zimbali Coastal Estate family has claimed that construction at a neighbouring reservoir has damaged their home, but the multiple stakeholders involved in the construction deny responsibility.
The Mbonambi family, who live just metres away from the Zimbali Lakes Reservoir, claim that water and mud from heavy rains flowed from the reservoir into their property, damaging their pool, tiles inside and outside the house, polished concrete surrounding the property, and ruined their garden.
The family said they had to contract a company to undertake emergency repairs and cleaning as a result of the mud flow from the reservoir at a cost of R64 650.
The reservoir is designed to supply water to the still-developing Zimbali Lakes Luxury Estate across the road from the Zimbali Coastal Estate.
'We expected the Zimbali Estate Management Association (ZEMA) to advocate for the protection of our property, but they have failed us,' the Mbonambi family told News24.
The family claimed that ZEMA was biased, saying a neighbour 'was reimbursed quickly for a far higher amount for damage caused after heavy rain, while our claim is met with resistance'.
ZEMA CEO Francois Schoeman firmly rejected these allegations.
'Suggestions of bias are unfounded and without merit,' he told News24.
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He added: 'The reservoir is located on Zimbali Lakes land, constructed by independent contractors not under ZEMA's operational control, and signed off by Siza Water.'
Despite this, Schoeman said, ZEMA commissioned 'an external engineer at ZEMA's cost' whose analysis 'affirmed that the reservoir complies fully with engineering requirements and is not the source of the stormwater runoff'.
The project involves multiple entities: SMEC South Africa, which prepared the stormwater management plan; Siza Water, which monitored construction compliance; Zimbali Lakes, which funded the project; and R&B Civils, which handled construction.
Eventually, the iLembe municipality will take custody of the reservoir from Siza Water.
In March 2025, the Mbonambi family's attorneys delivered a demand letter to Zimbali Resort Developments, attributing damages to 'the lack of a proper stormwater system'.
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Wayne Krambeck, a senior manager at Zimbali Lakes, denied liability.
'The reservoir was properly designed and constructed in accordance with all statutory requirements,' he said, citing a SMEC investigation that found 'unconditionally' that the reservoir wasn't linked to the damage.
R&B Civils also distanced themselves from responsibility.
'We did not design the reservoir. We built it as per the design engineers' specifications.'
Shyam Misra of Siza Water told News24 that 'the onus of proving damage vests with the property owner'.
Cingisa Mbola of the iLembe municipality told News24 that the area falls under iLembe's contracted Water Service provider, Siza Water.
'They are responsible for designs, specifications, and construction,' Mbola said, adding that the municipality would only accept the reservoir once overflow issues have been resolved.
Zimbali Resort Development proposed a R64 650 settlement with indemnity clauses against future claims. The Mbonambi family rejected this offer in May, demanding that a proper stormwater system be built to prevent further damage.
SMEC did not respond to multiple calls, emails and text messages. However, its technical review, which News24 has seen, found 'post-development runoff 4% lower than pre-development levels' but recommended additional stormwater infrastructure as a goodwill gesture.
The Mbonambi family, however, won't back down.
'We have lived here for 15 years, and this has never happened
until the vegetation on the reservoir site was cleared and a mountain of sand was put around the structure. It's baffling and an insult that ZEMA's commissioned external engineer would conclude that the reservoir is not the source of the stormwater runoff.
'We've sent countless emails to ZEMA's lawyers about our problem with no reply. ZEMA has never told us about a commissioned external expert. It's insulting that ZEMA would use its money to fight us than help us fight Zimbali Lakes.'