Magaliesberg

In July, 2008, two members of the MPA, who were checking the conservation status of the Magaliesberg from the air, noticed a massive new development that was taking place inside the Magaliesberg Protected Environment (MPE) at Olifantsnek. The MPA immediately informed the North West Department of Agriculture, Conservation and Environment and learnt that they had only recently become aware of this illegal development and were in the process of prosecuting the developer.

The much-awaited appeal took place in the Supreme Court of Appeal in Bloemfontein on 13 May 2013. The MPA was represented by Advocates Peter Lazarus and Fiona Southwood, with Amanda van der Lith as our attorney, all three acting on a pro bono basis. There were two advocates representing the Province and one the developer. Kevin Gill and I (Paul Fatti) attended the hearing.

A luta continua!

Having lost its application for review of the North-West province’s post-hoc approval for the Kgaswane Country Lodge, a 57-bedroom upmarket hotel which had been illegally constructed inside the Magaliesberg Protected Environment, in the Mafikeng High Court, as well as the application to the Judge for leave to appeal her judgement, the Magaliesberg Protection Association (MPA) has now been granted leave to appeal the judgement in the Supreme Court of Appeal in Bloemfontein.   The Heads of Argument have been submitted to the Court and we are now waiting for a court date, which will most probably be in the second half of the year.

On 10th January, 2012 the MPA at last received the judgement from the review hearing which had taken place in the Mafikeng High court on 4th August, 2011. We were disappointed but not surprised, given the Judge’s generally unsympathetic attitude towards the MPA’s case, that she dismissed our application for review of the North-West province’s post-hoc approval for the Kgaswane Country Lodge, a 57-bedroom upmarket hotel which had been illegally constructed inside the Magaliesberg Protected Environment, and of the MEC’s subsequent dismissal of the MPA’s appeal against this approval. What did surprise us was the Judge’s award of costs against the MPA.

A hiker was airlifted from the Magaliesberg on March 5th after breaking her ankle.

After a lot of work, submitting affidavits and responding to the responses from the other side, and having had a day in the Mafikeng High Court arguing for an interdict restraining Kgaswane Country Lodge from continuing with construction activities, we are now braced for the main review hearing, which has been set down for the 5th and 6th May, 2011. This is the hearing for MPA’s application for the decision by the MEC, dismissing the MPA’s appeal against his previous decision to approve the Section 24G application by the developer for “rectification” of the Kgaswane Country Lodge, a ± 50 bedroom upmarket hotel which had been illegally constructed inside the Magaliesberg Protected Environment, to be reviewed and set aside.

In July 2008, Kevin Gill and Vincent Carruthers, both members of the Magaliesberg Protection Association (MPA) who were checking the conservation status of the Magaliesberg from a Bateleurs flight along the range, noticed a massive new development that was taking place inside the Magaliesberg Protected Environment (MPE) at Olifantsnek.