A landmark judgment handed down in the Pietermaritzburg High Court late on Friday has put paid to a 512- holiday home development on the banks of iSimangaliso’s Mgoboseleni Lake.
The developers have until December 31 to vacate and rehabilitate the site.
The judgment‚ in which Judge Daya Pillay ruled in favour of the iSimangaliso Wetland Park Authority and the KZN MEC for Economic Development‚ Tourism and Environmental Affairs against Feasey Property Group (Pty) Ltd‚ Matayo Trading 137 (Pty) Ltd‚ Vusisizwe Technical Operations (Pty) Ltd‚ Geoffrey Clifford Little‚ Don Chandler‚ and Johan Viljoen‚ confirmed that World Heritage Site and National Park managers‚ have authority and jurisdiction in buffer zones around parks.
The development abuts the proclaimed iSimangaliso Sodwana Bay section and overlooks Lake Mgobeseleni and pristine Wilderness. Both are integral parts of the world heritage property which was listed by UNESCO as South Africa’s first natural wonder in 1999 for three outstanding universal values (OUVs) — its global beauty‚ unique eco-systems and bio-diversity.
Mgoboseleni an important complex estuarine lake system connected to an estuary by a stream which flows through rare swamp forest and mangroves. The Mgoboseleni Estuary is considered extremely important as a nursery area for estuarine-dependent marine species. The estuarine lake also has a breeding population of crocodiles and hippopotami. The Park includes some 467 IUCN listed threatened species.
iSimangaliso said it had been engaging with Feasey Property Group and its representative Mr Little since 2010‚ when Mr Little first proposed this development.
“Mr Little was advised to secure the necessary permissions which included an environmental impact assessment (EIA). Mr Little disregarded iSimangaliso’s inputs and proceeded to sell sites to the public. In late 2014‚ without any permissions‚ two of his buyers began construction. Mrssrs Little‚ Chandler and Viljoen received notices from iSimangaliso requesting that they stop development. These too were disregarded. iSimangaliso had no option but to approach the courts for assistance in December 2014‚” the wetland park authority said.
It said Interim orders were issued and reconfirmed in March and December 2015‚ and March 2016‚ ordering that no further selling or development take place. The matter was finally heard on August 5 this year.
The developers have until 31 December 2016 to vacate the properties‚ whereafter they are required to rehabilitate the sites. They have also been directed to pay the costs of the iSimangaliso Wetland Park Authority.
“This protection action is a necessary step by iSimangaliso in the fulfillment of its‚ and South Africa’s‚ commitments to UNESCO and to the people of South African to protect this global jewel‚” said iSimangaliso CEO Andrew Zaloumis.
“The intention of the protection action was not aimed at disenfranchising people who have historical and legitimate rights‚ but rather to remove people who have attempted to appropriate rights which are not theirs and have not been taken up legally. Unauthorised developments in and adjacent to the Park place the whole Park and its world heritage status at risk. The action of one illegal developer to the environment is incalculable. It is the thin edge of the wedge. Their cumulative impact compromises and places the world heritage site listing at risk.
“We appeal to all would-be developers to do the right thing and follow due process to ensure sustainable developments and real community benefits through job creation and co-ownership” said Zaloumis.
“This judgment recognises the authority of Protected Area Managers in the buffer zones of parks. Buffer Zones are a key element for the conservation of World Heritage properties and a UNESCO requirement. They are also required by the World Heritage Convention and Protect Areas Acts. They add a necessary additional layer of protection and seek to protect important aspects of biodiversity‚ and in the case of iSimangaliso the outstanding universal values for which it has been listed by UNESCO. This is a victory for the environment.”
Landmark decision scuppers holiday development on banks of iSimangaliso lake
A landmark judgment handed down in the Pietermaritzburg High Court late on Friday has put paid to a 512- holiday home development on the banks of iSimangaliso’s Mgoboseleni Lake.
The developers have until December 31 to vacate and rehabilitate the site.
The judgment‚ in which Judge Daya Pillay ruled in favour of the iSimangaliso Wetland Park Authority and the KZN MEC for Economic Development‚ Tourism and Environmental Affairs against Feasey Property Group (Pty) Ltd‚ Matayo Trading 137 (Pty) Ltd‚ Vusisizwe Technical Operations (Pty) Ltd‚ Geoffrey Clifford Little‚ Don Chandler‚ and Johan Viljoen‚ confirmed that World Heritage Site and National Park managers‚ have authority and jurisdiction in buffer zones around parks.
The development abuts the proclaimed iSimangaliso Sodwana Bay section and overlooks Lake Mgobeseleni and pristine Wilderness. Both are integral parts of the world heritage property which was listed by UNESCO as South Africa’s first natural wonder in 1999 for three outstanding universal values (OUVs) — its global beauty‚ unique eco-systems and bio-diversity.
Mgoboseleni an important complex estuarine lake system connected to an estuary by a stream which flows through rare swamp forest and mangroves. The Mgoboseleni Estuary is considered extremely important as a nursery area for estuarine-dependent marine species. The estuarine lake also has a breeding population of crocodiles and hippopotami. The Park includes some 467 IUCN listed threatened species.
iSimangaliso said it had been engaging with Feasey Property Group and its representative Mr Little since 2010‚ when Mr Little first proposed this development.
“Mr Little was advised to secure the necessary permissions which included an environmental impact assessment (EIA). Mr Little disregarded iSimangaliso’s inputs and proceeded to sell sites to the public. In late 2014‚ without any permissions‚ two of his buyers began construction. Mrssrs Little‚ Chandler and Viljoen received notices from iSimangaliso requesting that they stop development. These too were disregarded. iSimangaliso had no option but to approach the courts for assistance in December 2014‚” the wetland park authority said.
It said Interim orders were issued and reconfirmed in March and December 2015‚ and March 2016‚ ordering that no further selling or development take place. The matter was finally heard on August 5 this year.
The developers have until 31 December 2016 to vacate the properties‚ whereafter they are required to rehabilitate the sites. They have also been directed to pay the costs of the iSimangaliso Wetland Park Authority.
“This protection action is a necessary step by iSimangaliso in the fulfillment of its‚ and South Africa’s‚ commitments to UNESCO and to the people of South African to protect this global jewel‚” said iSimangaliso CEO Andrew Zaloumis.
“The intention of the protection action was not aimed at disenfranchising people who have historical and legitimate rights‚ but rather to remove people who have attempted to appropriate rights which are not theirs and have not been taken up legally. Unauthorised developments in and adjacent to the Park place the whole Park and its world heritage status at risk. The action of one illegal developer to the environment is incalculable. It is the thin edge of the wedge. Their cumulative impact compromises and places the world heritage site listing at risk.
“We appeal to all would-be developers to do the right thing and follow due process to ensure sustainable developments and real community benefits through job creation and co-ownership” said Zaloumis.
“This judgment recognises the authority of Protected Area Managers in the buffer zones of parks. Buffer Zones are a key element for the conservation of World Heritage properties and a UNESCO requirement. They are also required by the World Heritage Convention and Protect Areas Acts. They add a necessary additional layer of protection and seek to protect important aspects of biodiversity‚ and in the case of iSimangaliso the outstanding universal values for which it has been listed by UNESCO. This is a victory for the environment.”
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