isimangaliso wetland park
A Richards Bay businessman who built a holiday cottage in the iSimangaliso Wetland Park said officials at the world heritage site were trying to evict him because they wanted to build a major tourist resort in the vicinity of his property.
Yesterday, Durban High Court Judge Kevin Swain granted an order by consent to rescind a default judgment granted against businessman Adriaan van Tonder.
Last year, the wetland park authority was granted a high court order which called for Van Tonder to stop construction, remove the holiday cottage he had built at Bhanga Nek, and rehabilitate the area to the state it was in before construction.
The park authority secured the order after launching eviction applications against both Van Tonder and his neighbour, Cules Hamman, who had also built a holiday cottage in the park.
Isimangaliso compliance manager Peter Hartley said in his affidavit in support of the application that the park would suffer irreparable damage, may lose its status as a world heritage site and local communities might suffer hardship if the developments were not removed.
Hamman opposed the application, claiming he had occupied the site for the past 10 years with the consent and permission of the local tribal council.
Van Tonder claimed in his application for the rescission order that he had incorrectly believed that Hamman would also oppose the application on his behalf.
“I was aware of the proceedings, but, from discussions I had with Hamman, I understood that he was handling the legal proceedings and that the action against us was being opposed. I apologise to the court for this misunderstanding.”
Van Tonder said he believed the park authority wanted to evict him because it was building a resort close to his property.
“I have been informed that the applicants plan a major tourist resort some 1.2km from my residence. I do not know whether my European descent or appearance will detract from the ambience, but it is since these plans had taken firm shape that the application (to evict him) was resorted to.”
Van Tonder said he was occupying the site with the permission of the local tribal authority and had been accepted as a member of the community. He had also been acquitted of charges related to his alleged illegal occupation of the site in 1999 after a local induna testified on his behalf.
Van Tonder denied causing damage to natural bush, and said he had a proper sewage disposal system.
He has to file opposing papers to the eviction application by February 21.
In 2007, iSimangaliso called for tenders for several tourist sites to be developed in the park, including an eco-resort near Cape Vidal. A few sites were developed as small lodges.
The Mercury reported at the time that French resort group Club Med was looking at the Cape Vidal site. However, nothing came of it in the wake of the global economic downturn.
