Court stops illegal wetlands development
Building had already started at the Secret Lakes site at Mgobozeleni.
AN unauthorised development adjacent to the iSimangaliso Wetland Park (iWP) world heritage site was halted by the Pietermaritzburg High Court on Tuesday.
At issue was the proposed Secret Lakes development comprising 512 holiday homes overlooking iSimangaliso’s Lake Mgobozeleni and pristine wilderness.
The iWP Authority and KZN Department of Economic Development, Tourism and Environmental Affairs (the Applicants) were granted interim relief by Judge Themba Sishi against Feasey Property Group (Pty) Ltd, Matayo Trading 137 (Pty) Ltd, Vusisizwe Technical Operations (Pty) Ltd, Geoffrey Clifford Little, Don Chandler and Johan Viljoen (the Respondents).
The order precludes the developers from any further development on the site or the further selling, leasing or in any other way disposing of any of the sites or buildings until the matter has been resolved by an un-appealable court decision.
The order was awarded to the Applicants with costs.
‘Notwithstanding iSimangaliso’s repeated attempts to secure the voluntary compliance of the developers, they proceeded with construction,’ said iWP CEO Andrew Zaloumis.
‘After careful and balanced consideration, and with the support of government, we decided we had no choice but to take the necessary steps to implement national legislation and obligation to all South Africans to protect and conserve this global jewel.
‘This protection action is a necessary step by iSimangaliso in the fulfilment of its commitments to UNESCO and the World Heritage Committee.
‘The intention of the protection action is not aimed at disenfranchising people who have historical and legitimate occupational rights, but rather to prevent other people attempting to appropriate rights which are not theirs and they have not taken up legally.
‘Unauthorised developments also have a negative impact on the economic potential of these rich areas.
‘For communities living within the iSimangaliso Wetland Park it means the loss of authentic empowerment opportunities and sustainable employment.’
Mgobozeleni, the second largest fresh water lake in South Africa, falls within the Park’s buffer zone.
It is part of an important complex lake system connected to an estuary by a stream which flows through rare swamp forest and mangroves.
As the only estuary between Lake St Lucia and Kosi Bay, the Mgobozeleni estuary is considered extremely important as a nursery area for estuarine-dependent marine species.
Lake Mgobozeleni has a breeding population of crocodiles and hippopotami.
