Tuesday, 02 August 2011

Park development stopped in court

An aerial view of the ‘Inyoni Hideaway’, previously known as the ‘Camp David Resort’, illegally built within the iSimangaliso Wetland Park

An interdict awarded in the Durban High Court on Thursday has stopped yet another illegal development within the iSimangaliso Wetland Park. The Honourable Justice J Mokgohloa restrained Wallis Evans and Debra Jewkes, owners of recently-opened ‘Inyoni Hideaway’, from undertaking further construction work and from conducting commercial activities from the facilities. According to a joint iSimangaliso Authority and Ezemvelo KZN Wildlife media release, the respondents have been directed to remove their structures, vacate and rehabilitate the site. Peter Hartley, Compliance Manager for iSimangaliso, told the court the World Heritage Site ‘is an extremely sensitive area and any disturbance of the ecological balance will cause irreversible and permanent damage to a sensitive and protected environment. ‘A development such as that of the respondents, already has a large ecological impact when viewed in isolation, but the cumulative impact of several developments is even greater.’

Voluntary restoration programme
‘In September 2010 the remaining eight unauthorised developments within the iSimangaliso Wetland Park were invited to do the right thing by voluntarily vacating there site to allow the park authorities to undertake the rehabilitation of the sites,’ said iSimagaliso CEO, Andrew Zaloumis. ‘Five of the eight entered into an agreement with the iSimangaliso Authority to vacate their site by the end of March 2011. ‘They honoured their decision to do the right thing and have since vacated the sites and moved out of the World Heritage Site. ‘The remaining three refused the invitation to participate in the voluntary restoration programme.’

The developments that ‘acted in good faith to vacate the Park’ were:
•Mqobela Camp near Black Rock
•Godley Holiday Camp near Mabibi
•Steenkamp Holiday Camp near Mabibi
•Collin’s Holiday Camp near Mabibi
•Luk Holiday Camp near Mabibi.

Concluded civil cases
Final Interdicts against the following were Interdict confirmed by the Durban High Court on 23 November 2009:
•Nkwazi resort, since demolished. Rehabilitation of the site is taking place.
•Joubert development. The holiday cottage has been demolished and rehabilitation of the site is taking place.
•Bronkhorst development. The camp has been demolished and rehabilitation of the site is taking place.
•Bhanga Nek Beach Camp. The camp has since been demolished and rehabilitation of the site is taking place. The two respondents in this matter were found guilty of Contempt of Court in the Durban High Court for not complying with the conditions of the High Court Order. In all the above cases, Cost Orders have been taken against the developers for legal and rehabilitation costs.

Concluded criminal cases
•State versus Roos. Mr Roos was found guilty in the Pietermaritzburg Regional Court and given a R100 000 fine and a 5 year prison sentence suspended for 5 years.
•State versus Serfontein. Mr Serfontein was found guilty in the Pietermaritzburg Regional Court and given a R100 000 fine.

Outstanding criminal cases
•State versus Berkhout & other. This case is on the roll and has been set for trial/plea in the Ingwavuma Regional Court.
•State versus Joubert & other. This case is on the court roll and has been set down for trial/plea in the Ingwavuma Regional Court.