Prior to the meeting with third respondent, the third applicant, Mr. Mac Robert had met with
second Respondent Premier Mhlaba who had stated in relation to the destructive activities taking
place that the applicants should ‘stop the vultures’.
Applicants aver that despite all their efforts to persuade first, second and third respondents to
comply with the obligation to enforce compliance with the provisions of s 39 of the Decree the
respondents have not done so and that they are accordingly obliged to seek the relief set out in the
notice of motion.
It is common cause that the administration of Chapter 7 of the Decree with in which falls s 39, is
vested in first respondent and only first respondent chose to file an affidavit in opposition to this
application. In this affidavit attested to by Mr. Botha a legal administration officer in the employ
of first respondent’s department it is averred that the applicants have not brought the application
in good faith and that the application amounts to an abuse of the process of court in that
applicants were aware or should have been aware of the recommendation made by first
respondent during May 1995 to the effect that a task group be established to address the concerns
of the applicants.
The Eastern Cape Coastal Development Task Group in the formation of which Mr. Botha avers
the cottage owners association amongst others was instrumental held its first meeting on 14
August 1995 and the cottage owners association of which third applicant is a member was there
represented by fourth applicant. The brief of the task group as set out in Mr. Botha’s affidavit is
to address inter alia the following issues:
- Determining and drafting appropriate amendments to the Environment Conservation Act 73
of 1989 to enable it to apply in the former Transkei and Ciskei. - Establishing a sub committee to identify and proceed with appropriate action to assign
relevant decrees to the Eastern Cape provincial government. - Making recommendations regarding the replacement of decrees with relevant sections of the
environment conservation act. - Assisting the Eastern Cape government to direct a formal request to the department of
environmental affairs for the president to assign relevant decrees thereof to the Eastern Cape
provincial government. - Undertaking a survey of the coast line to determine the number, position, state and ownership
of:
(j) legal cottages;
(ii) Illegal cottages;
(iii) Other developments. - Preventing data to the relevant authorities with regard to possible legal action against illegal
occupants of coastal sites.
Mr. Botha refers further to the fact that certain action has been taken by the first respondent
relating to the institution of Criminal proceedings in the Port St. John’s magistrate’s court against
certain persons in respect of alleged contravention of S.39 of the Decree, as well as an application
for an interdict brought on 31 stOctober, 1995 to the Transkei provincial Division by first
respondent against nine respondents (including the fourth respondent in these proceedings). He
states that other applications for interdicts against illegal occupants of other sites along the Wild
Coast will soon be launched.