logo
Makhanda High Court orders immediate halt to illegal Wild Coast building

Makhanda High Court orders immediate halt to illegal Wild Coast building

Daily Maverick29-05-2025
The court order follows an April 2023 knobkerrie assault on activist and Goldman Prize winner Nonhle Mbuthuma and fellow women residents while attempting to halt building work inside the protected coastal zone.
Two years after a group of women were allegedly assaulted on a Wild Coast beach, the high court has granted an interdict which bars the construction of any further illegal structures along this protected environmental landscape.
In a ruling earlier this month, the Eastern Cape Division of the High Court in Makhanda ordered that local resident Nero Dlamini (or his agents or contractors) be restrained and interdicted from constructing any new buildings within 1km of the sea near Sigidi village.
The order, granted on 8 May 2025 by Acting Judge V Sangoni, follows a heated confrontation about the erection of illegal structures close to the beach almost two years ago.
Local activist Nonhle Mbuthuma (joint winner of the 2024 Goldman Environmental Prize) and fellow women residents were allegedly beaten with knobkerries while attempting to halt building work on a new structure inside the protected coastal zone in April 2023.
Mbuthuma has played a central role in opposing plans for dune mining and a new toll road along this northern section of the Wild Coast.
Shortly after the confrontation, Mbuthuma secured a Rule Nisi (interim interdict) from the high court to prevent further building close to the beach at Sigidi that was in conflict with Transkei Environmental Conservation Decree 9 (which prohibits construction of any buildings without a special permit).
In the most recent ruling, the court also ordered Dlamini to rehabilitate any cleared land. The Sheriff of the Court was also directed to dismantle any illegal structures, with the assistance of the SA Police Service if required.
Though the application was opposed, Dlamini and his legal representatives did not appear at the latest hearing. DM
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Meta agrees to hand over child pornography channel creator information
Meta agrees to hand over child pornography channel creator information

The Citizen

time3 days ago

  • The Citizen

Meta agrees to hand over child pornography channel creator information

Social media giant found in contempt of court after an earlier high court ruling. Ordered to pay costs Tech giant Meta has agreed to permanently delete more than 60 WhatsApp channels publishing child pornography involving South African school children and to comply with all requirements of an earlier high court order. This was after Judge Mudunwazi Makamu in the Gauteng Division of the High Court in Johannesburg handed down a further order on Friday. Meta was found in contempt of court of an earlier ruling in urgent litigation brought by the Digital Law Company (DLC) led by social media law expert Emma Sadleir. Contempt On Monday, Makamu ordered the company to close all accounts and channels linked to the distribution of sexual content involving school children and to 'permanently disable the creator of the WhatsApp channels and Instagram profiles listed' from creating any further WhatsApp channels and Instagram profiles. While Meta agreed to shut down all the accounts and channels linked to the distribution of sexual content involving school children, it never complied with other aspects of the ruling, including handing over the account creators' details to DLC. Meta was then served with an urgent contempt of court application. In his ruling on Friday, Makamu also ordered Meta to disclose 'subscriber information' for whoever is behind the accounts distributing the child pornography on WhatsApp and Instagram. ALSO READ: Meta complies, shuts down Instagram accounts and WhatsApp channels posting sexual content of SA school children Ruling welcomed Sadleir welcomed the ruling. 'I will forever be indebted to these incredible humans who dropped everything and gave up a whole week to help us with this matter,' she said. 'It looked a bit like David and Goliath in court this morning – our young legal team against an army of senior lawyers. Thank you, team. You gave a whole lot more than 67 minutes this week.' Information handover Meta also agreed to provide DLC with information in its possession pertaining to the creator(s) of each of the WhatsApp channels and Instagram profiles listed, in no later than three business days. 'The information provided to the applicant shall not be publicly disclosed to the general public and shall only be used for purposes of reporting to law enforcement potential crimes related to the accounts at issue and taking appropriate legal steps for the protection of children,' the court ordered. Meta and WhatsApp also agreed to pay DLC's costs for the urgent application. ALSO READ: Communications department welcomes ruling on Meta's WhatsApp and Instagram Sexual content DLC launched the interdict in which all lawyers acted pro-bono after Sadleir was contacted about content on the channels that included several explicit images and videos, including that of a Grade 11 pupil from a school south of Johannesburg having sex with a girl in a room. Another video shows a Grade 12 boy having sex with a Grade 9 girl in a school bathroom, apparently filmed by another pupil. 'If you committed suitcase (sic) RIP, you can haunt me or whatever the plan,' the poster said. 'If your nudes got exposed sies ulayegile sfebe (you deserved it whore). When I come back, I'm opening a page on every single platform expect (sic) Facebook…there won't be any remorse. Next time when you wanna take nudes, you'll think more than twice.' It was such explicit content and filthy language that spurred Sadleir and DLC to pursue the matter in a mammoth David vs Goliath battle. ALSO READ: Meta ordered to shut down Instagram accounts and WhatsApp channels posting sexual content of SA schoolchildren [VIDEO]

Joshlin Smith's mother and accomplices set to appeal life sentences
Joshlin Smith's mother and accomplices set to appeal life sentences

IOL News

time3 days ago

  • IOL News

Joshlin Smith's mother and accomplices set to appeal life sentences

Racquel 'Kelly' Smith, her boyfriend Jacquen 'Boeta' Appollis, and their friend Steveno 'Steffie' van Rhyn were found guilty of kidnapping and trafficking six-year-old Joshlin Smith in the Western Cape High Court. Image: Ian Landsberg / Independent Media Missing six-year-old Joshlin Smith's mother, Racquel 'Kelly' Smith, together with her kidnapping and human-trafficking accomplices, will appeal against their conviction and sentence in the Western Cape High Court next month. Jacquen Appollis, Steveno van Rhyn, and Smith were each handed a life imprisonment sentence after they were convicted on charges of trafficking in persons for exploitation and kidnapping of a child victim, who has been sold but has still not been found. State witness and former accused Lourentia Lombaard testified under Section 204 of the Criminal Procedure Act. Image: Ayanda Ndamane / Independent Newspapers Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ They were sentenced on May 29 by Judge Nathan Erasmus after a marathon trial, which was heard over eight weeks, with two days of evidence and arguments in mitigation and aggravation of sentence. National Prosecuting Authority (NPA) spokesperson, Eric Ntabazalila, confirmed the appeal will be heard at the Western Cape High Court in Cape Town on August 12 and 13. 'All three have filed papers challenging both conviction and sentence. The NPA will oppose the applications, and we are confident that there are no prospects of success,' said Ntabazalila. The court is also expected to deal with State witness Lourentia Lombaard, who testified under Section 204 of the Criminal Procedure Act. Lombaard was initially arrested with the trio but turned State witness shortly after her arrest. The court is expected to decide with regard to indemnity and her involvement in the commission of the crimes that led to the convictions and sentences handed down. During the trial, Lombaard's testimony was critically scrutinised by the defence teams due to inconsistencies in her statements, bringing her credibility into question. Joshlin Smith, who is believed to have been sold for R20,000, was reported missing on February 19 last year, and police continue to investigate her disappearance. Image: Supplied Judge Erasmus, when he handed down sentence, said reports and victim impact statements portrayed Smith as 'manipulative and manipulating the facts' as it suited her, and said she treated her child as a commodity. '(You) went as far as to blame your parents for your conduct in this matter. The evidence presented as to the disappearance of your own daughter was clear. Besides, on one occasion and earlier, I saw no indication of remorse. But it didn't start there because we know that from 19 February 2024, the lack of concern. Yes, I have to take into account that you have two other minor children, but fortunately, they are being cared for currently,' said Judge Erasmus. Judge Nathan Erasmus. Image: Ayanda Ndamane / Independent Newspapers Similarly, Judge Erasmus said to Appollis, who had two previous brushes with the law but which the court placed no emphasis on, that while he is the father of an 11-year-old daughter and was a father figure to Joshlin and her two siblings, he failed to show remorse for his involvement in the crimes. Judge Erasmus also noted that Appollis had 'no concern' for Joshlin's whereabouts. About Van Rhyn, who is also a father, Judge Erasmus quoted from probation officer Errol Pietersen's report, which labelled him a 'menace to society who, over and above the abuse and misuse of alcohol and substance abuse, chose a life of crime', having committed violent crimes of robbery and housebreaking. At sentencing, all three were also entered into the National Child Protection Register, which prohibits them from ever working with children. Joshlin, who is believed to have been sold for R20,000, was reported missing on February 19 last year, and police continue to investigate her disappearance as her whereabouts are still unknown.

Mayor Geordin Hill-Lewis slams Cape Town's wealthy property owners
Mayor Geordin Hill-Lewis slams Cape Town's wealthy property owners

The South African

time3 days ago

  • The South African

Mayor Geordin Hill-Lewis slams Cape Town's wealthy property owners

Cape Town Mayor Geordin Hill-Lewis has launched a strong defence of the city's newly implemented municipal charge reforms, following a legal challenge by the South African Property Owners Association (SAPOA), which represents some of the country's wealthiest commercial real estate stakeholders. SAPOA has taken the City of Cape Town to the High Court, seeking a review of a key feature in the City's 2025/26 'Invested in Hope' budget: the decision to link fixed municipal service charges – such as for water and electricity infrastructure – to property value rather than applying flat rates across the board. Hill-Lewis has criticised SAPOA's position, stating that its objection to the new charge model is an attempt by large-scale property owners to avoid paying their fair share. 'They argue that the biggest property owners should pay the same as low-income families. That is simply regressive and patently unfair,' said Hill-Lewis. The mayor emphasised that the policy change was designed to protect lower-income households, particularly homes valued below R2.5 million, while ensuring that higher-value properties contribute more equitably to maintaining the city's public infrastructure. The city scrapped its old 'pipe levy' model, which based charges on the size of a property's water connection – a system Hill-Lewis said unfairly charged small homes and luxury mansions the same fixed fees. 'Our new model aligns charges with the value of the property, which is a more accurate reflection of a household's or business's ability to pay,' he said. The change supports Cape Town's planned R40 billion infrastructure investment over the next three years, which the city says is necessary to maintain and expand vital services across all communities. SAPOA argues that the policy is legally questionable and will place undue pressure on commercial property owners and investors. The association is seeking a court ruling to overturn the implementation of the value-based charge system. However, Hill-Lewis dismissed SAPOA's court bid as an attempt to 'go back to a system where ordinary families subsidise the wealthiest portfolio holders in the country.' The mayor also defended the principle of cross-subsidisation, stating that all residents – especially those with the financial means – have a responsibility to support equitable infrastructure development. 'Even households with solar panels or boreholes rely on the City's infrastructure in emergencies. Fixed infrastructure costs exist whether people consume services or not.' He explained that a flat charge, as SAPOA prefers, would disproportionately affect poorer households, taking up a much larger percentage of their income compared to wealthier residents. Hill-Lewis said the city had consulted with SAPOA and other stakeholders throughout the budgeting process. While SAPOA acknowledged the city's infrastructure needs, it failed to offer any workable alternative to the current approach. The city maintains that linking charges to property values is both legally sound and socially responsible, and plans to defend the policy in court. 'Cape Town must remain a city of hope,' Hill-Lewis concluded. 'To do that, everyone must contribute fairly to the systems that serve us all.' The High Court is expected to hear the matter in the coming weeks. If SAPOA succeeds, the ruling could set a precedent for how municipalities across South Africa structure their service charges in the future. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store