World Wide shamein COSTA RICA
Please distributewidely….
…turtle eggsare stolen to be sold.
This must be stopped!
March 28, 2010
On the beaches of Costa Rica…
March 23, 2010
Disregard for law and Isimangaliso Park Authority
‘Arrest brothers for contempt’
Barbara Cole
March 19 2010
A court application for the arrest of two unauthorised developers in the iSimangaliso Wetland Park, who have allegedly ignored court orders to stop their illegal construction work, was made on Thursday to the Durban High Court.
Brothers Madolwane Mthembu, 53, and Simon Mlabane Tembe, 47, known as the Tembe brothers, of KwaMazambane, Kosi Bay, had been ordered to stop construction at the Bhanga Nek Beach Camp – and restrained from continuing with any construction work in the park.
According to the papers submitted to the court, when officials of the iSimangaliso Wetland Park Authority and its conservation manager, Ezemvelo KZN Wildlife, carried out a routine inspection of the illegal development site earlier this month, they found that construction was continuing.
A new type of building about 10m by 30m, divided into three sections, was going up.
The application by the iSimangaliso Wetland Park Authority, Ezemvelo KZN Wildlife and the Minister of Water and Environmental Affairs, asks that the Tembe brothers are found in contempt of court for continuing to build and failing to comply with the court orders.
Peter Hartley, a senior conservation compliance manager with Isimangaliso Wetland Park Authority, alleged in an affidavit supporting the application, that the brothers “seem to regard themselves as above the law, that they have adopted a confrontational and self-righteous approach”.
Despite having completely ignored the court orders, they continued “to develop a tourist resort and, to add insult to injury, commenced new construction as if this Honourable Court’s orders were not worth the paper they were written on”, he said.
The applicants are asking that the brothers, who are businessmen, be jailed for up to three months.
They also want them to stop building and they want the court’s authorisation to demolish the new construction at the site, which is in the ecologically sensitive Coastal Forest Reserve within the World Heritage Site, the first in South Africa.
The brothers were represented in court yesterday by Armstrong Kwitshana who handed in a notice to Justice Wallace opposing the application.
The case was adjourned by consent between the parties to March 26 for papers to be filed and a court date set for an urgent hearing.
Last month, three other unauthorised commercial developments in the same area were dismantled on the instructions of the iSimangaliso Wetland Park Authority and Ezemvelo KZN Wildlife in the presence of the Sheriff of the High Court.
This followed these developers’ refusal to comply with similar High Court orders to demolish and rehabilitate the site.
When interdicts were granted against all four unauthorised developments last year, the applicants told the court that the developers were clearing virgin forest and putting up structures without permission or without an environmental impact assessment.
February 16, 2010
Illegal resorts in iSimangeliso park demolished
Illegal resorts in iSimangeliso park demolished
16 Feb 2010 Sapa
http://www.witness.co.za/index.php?showcontent&global[_id]=35937
ISIMANGALISO Wetland Park officials yesterday demolished three resorts declared illegal by the high court in Durban late last year.
“Three unauthorised commercial developments were today [Monday] dismantled by an independent contractor in the presence of the sheriff of the high court,” iSimangaliso CEO Andrew Zaloumis said.
The three resorts were built in the Coastal Forest Reserve in Kosi Bay, which is part of the iSimangaliso Wetland Park. It was declared a World Heritage Site in 2000.
Police officers accompanied the sheriff to ensure the court orders were correctly executed.
Speaking after his property was demolished, George Francois said he was “devastated and angry”.
“They destroyed my structure today. I am totally devastated. I have lost more than R500 000, which I raised by selling my only house.”
On November 23 last year the high court ruled that, should the developers fail to demolish the properties before December 31, conservation authorities would tear them down, restore the damaged bush and recover the costs from them.
Francois, whose resort was in the KwaDapha area in Kosi Bay, said he got permission to build from local traditional leaders.
“When I got a permission to build the lodge, I sold my house … so that I would use the proceeds to build it. That money is gone now and I am homeless.”
Francois, who was in hospital awaiting the delivery of his first daughter when interviewed, said he had been told his belongings were stolen when his property was demolished. He partnered with local residents to build the lodge because he wanted to uplift the community.
Chairman of the iSimangaliso Authority, Mavuso Msimang, said the resorts were demolished after the owners refused to make “a voluntary and dignified exit”.
“If we did not do this we would be failing in our commitments and responsibilities to the people of South Africa, to future generations and to the world.”
With the resorts demolished, the heat is on the local traditional leader, inkosi Mabhudu Tembe, to resign from the iSimangaliso board.
In a meeting held recently, angry residents asked Tembe to resign from the board.
February 5, 2010
Illegal Development
Another developer has been fined but notice the bad reporting from the Sowetan.
Civil servant fined for illegal St Lucia building
05 February 2010
RESTRICTED : St Lucia Wetland Park in Zululand is a World Heritage site protected by the government.
A PRETORIA civil servant has been fined R15000 and ordered to demolish a house he built illegally in the St Lucia Wetland Park in Zululand.
The Pietermaritzburg regional court also ordered Jacobus Serfontein to restore the garden to its original pristine condition.
Serfontein was convicted yesterday of erecting the house on a world heritage site without authority; entering the site or living there without authority; and establishing a French drain and water sewerage system and gardening without approval. He had pleaded guilty.
He was fined R100000, of which R85000 was conditionally suspended, and sentenced to five years’ imprisonment both conditionally suspended in totality.
The conditions include dismantling the house and removing it and any underground piping by May 15. Any rubble can be buried in a septic tank or beneath 60cm of soil.
Serfontein, who is a senior official in the public service and administration department, told the court he obtained approval from the Tembe Traditional Council and the Umhlabuyalingana municipality, but not from the St Lucia park management.
He acknowledged that this was a serious offence because the proliferation of illegal development in the park threatened the biological integrity of the natural sanctuary.
He acknowledged that failure by the park authority to strictly control the park would be a serious breach of South Africa’s international treaty obligations and could lead to a deregistration of the park as a World Heritage site.
He told the court he had holidayed at the site for the past 11 years and had befriended the local people and helped their development.
He and his family had donated food, clothes and household items, stationery for the school and had helped people with funerals.
He still donated R250 a month to help 20 to 24 orphans and abandoned children.
The court found that his building did not negatively impact on the natural environment.
An ecologist testified that the grass would regrow and that he did not eradicate highly protected indigenous plants. – Sapa
January 22, 2010
Isimangaliso and other useful numbers
Contact details of various relative organizations and people.
KZN Wildlife
St. Lucia Offices
Tel: + 27 35 5901340
info
GENERAL ENQUIRIES
ronphysick
webmaster
KZN Wildlife Switchboard: 033 845 1999
Tourism:
Ian Porter
iporter
031 274 1158
Conservation:
Dirk Rousouw
roussouwd
035 5909002
KZN Wildlife Reservations/Bookings:
Telephone: 033 845 1000
Fax: 033 845 1001/845 1005
Wilderness Trails Reservations:
Telephone: 033 8451067
Info Line:
Telephone: 033 845 1002
info
Rhino Club (Gold and Green Cards):
(033) 845 1011/13
Media:
Media Manager
033 845 1235
email jeff
fax 033 845 1299
Park Authority
C.E.O: Andrew Zaloumis
Private Bag X05
St Lucia
3936
Office Telephone: + 27 (035) 590 1525
Siyabonga Centre Telephone: + 27 (035) 590 1507
wetlandmedia
Media Officer:
Pontso Pakkies
035 5901633
wetlandmedia
Compliance Officer:
Peter Hartely
035 5901633
hartelypete
The Board
Mr M Msimang (Chairperson),
Ms K S Mathebula, Ms G Mji, Mr E F Mfeka,
Mr L M Mthombeni, Ms S Mancotywa,
Mr I M Tembe, Mr A Lax and Mr Zaloumis
UNESCO
Title Mme
First Name Denise
Last Name GONCALVES
E-Mail d.gonçalves
Organization Bureau de l’ADG/AFR
Position , Secrétaire principale
Street 7, Place de Fontenoy
City Paris 07 SP
Postal Code 75352
Country France
Office N° 6.074
Work Phone 33 (0) 1 45 68 18 31
Fax 33 (0) 1 45 68 55 44
South African National Commission for UNESCO
President: Ms Naledi Pandor*
Chairperson: Mrs Neo Mathabe
Deputy Chairperson: Prof. S. Makhanya
Secretary-General: Mr Stranger Kgamphe
123 Schoeman Street
0001 PRETORIA
SOUTH AFRICA
Tel: (27 12) 312 51 87 ; (27 12) 312 54 18 ; (27 11) 614 87 87; (27 82) 602 47 21
Fax: (27 12) 325 72 84; (27 12) 323 33 66
EMail: Kgamphe.S; nkwenkwezi.n;
Web Site: http://www.sanatcom.org
Source: UNESCO/ERC
Green Vision Foundation
http:// www.greenvisionfoundation.com
email: info
Dr Marna Cilliers-Hartslief
Tel: +27(0)12-348 7721 or +27(0)12 368 1897
Physical address: 81 Lindfield Road, Lynnwood Manor Pretoria
WESSA
NORTH COAST
Mr Teddy Perumal
Tel: (032) 944 3959 / (032) 532 1708 / (032)947 0635(W)
032 533 3059 (B)
Cell: 082 499 3392
DEAT
DEAT Call Center number
086 111 2468
DEAT Call Center Email
callcentre
Postal Address
Private Bag X447
Pretoria
0001
UNESCO site for Isimangaliso World Heritage site
For excellent Information on Isimangaliso World Heritage site visit
http://whc.unesco.org/en/list/914
January 8, 2010
Banga Nek: Developers defy court order
Sapa
DURBAN — Developers of unauthorised holiday resorts in KwaZulu-Natal’s World Heritage Site, the iSimangaliso Wetland Park, failed to demolish the structures before December 31, as ordered by the court.
“Those who have defied the high court orders will then be dealt with through available legal processes, and according to a responsible demolition and restoration plan,” iSimangaliso CEO Andrew Zaloumis said yesterday.
The high court in Durban on November 23 ordered four developers to demolish their holiday resorts because they were illegal and built in a protected area. According to the ruling, if the four failed to demolish their properties before December 31, conservation authorities would tear them down, restore the damaged bush and recover the costs from the developers.
The court ordered three unauthorised developers in the ecologically sensitive coastal forest to demolish their structures and rehabilitate the sites. The fourth one was given until April 30.
“Thus far there has been no compliance,” Zaloumis said.
January 4, 2010
Developers refuse to demolish holiday resorts
Developers of unauthorised holiday resorts in KwaZulu-Natal’s World Heritage Site, the iSimangaliso Wetlands Park, have refused to demolish them.
The Durban High Court on November 23 ordered four holiday resorts developers to demolish their resorts because they were illegal and built in a protected area.
Simon Tembe on Monday said he would not demolish his property, and that developers would mobilise the community against the iSimangaliso officials.
According to the court ruling, if the four developers failed to demolish their properties before January 1, conservation authorities would tear them down, restore the damaged bush and recover the costs from the developers.
“We believe that the court was wrong to rule against us. We followed all the relevant channels before we started building. We will continue fighting because we have spent over R3m,” said Tembe.
Tembe said they had obtained permission from a local induna (traditional leader) before they started building.
“Our plans were also submitted to the magistrate in Ingwavuma who allowed us to build,” said Tembe.
The four resorts were built in a protected area in Kosi Bay. Other people ordered to demolish their buildings were Madolwane Mthembu, Mkhawu Mthembu and Cecil Henry Berkhout of Springs, who was developing the Inkwazi Resort at Bhanga Nek in the coastal forest reserve section.
iSimangaliso officials were not immediately available to comment.
Isimangaliso New year and Kosi drownings
Durban – A search is underway for a person who might have been involved in a deadly drowning incident at Kosi Bay, the Ezemvelo KZN Wildlife (EKZNW) and the iSimangaliso Wetland Authority said on Saturday.
Friday’s drowning incident has already claimed three lives and left three injured.
The government conservation organisation said that it had received unconfirmed reports that a seventh person might have gone missing during the incident at the Kosi Mouth beach.
Although, no-one has reported a specific person as missing, some people on the scene said that they believed another person had been involved in the incident.
EKZNW staff and police were thus combing the area on Saturday as a precaution.
Large crowds
iSimangaliso Wetland Park CEO Andrew Zaloumis said that the mouth of the Kosi Lake System was packed with larger than expected crowds of between 2 000 and 3 000 at the time of the drownings.
“The unexpectedly large crowds at Kosi Mouth severely overstrained the limited facilities,” he said.
“There were…three confirmed cases of drowning when bathers got into difficulties on the incoming tide in the early afternoon.
The victims were Nomvelo Malandela, 12, of the Thelizolo area, Sibonelo Sibiya, 14, of the Thengani area, and Siphe Maphanga ,14, of the KwaMshudu area.
Their bodies were recovered within hours.
Two teenage boys, aged 19 and 17, and a girl, aged 13, are recovering in hospital after also being overcome by the incoming tide.
The very rough 4×4 access track from the Kosi Mouth beach to the main road in the area hindered the speed at which the victims could be taken to hospital.
The girl remains in critical condition.
Up to 80 000 revellers
EKZNWand the iSimangaliso Wetland Authority said that an estimated 70 000 to 80 000 people flocked to various beaches in the wetland park on January 1.
“About 35 000 to 40 000 people celebrated the day on the iSimangaliso’s St Lucia beaches.”
About 25 000 to 30 000 people partied at Sodwana Bay and about 1 500 at Cape Vidal.
“[Between] 5 000 to 6 000 people flocked to the usually very quiet Manzengwenya.”
Beach monitors and lifeguards assisted several people who got into difficulties in the surf at Sodwana Bay and St Lucia.
- SAPA
December 1, 2009
Tear it down – or pay (The Daily News on November 24, 2009)
Tear it down – or pay (The Daily News on November 24, 2009)
24 November 2009
By Irene Kuppan
At least four developers accused of building unauthorised holiday resorts on KwaZulu-Natal’s treasured World Heritage Site, the iSimangaliso Wetlands Park, will have to demolish them and rehabilitate the area.
If they fail to do so within a specified time, conservation authorities will tear them down, restore the bush and recover the costs from the developers.
This is according to an order confirmed by Judge Piet Koen in the Durban High Court on Monday.
The court was told that the park risked losing its World Heritage Site status if people unlawfully occupying it were not evicted. Park managers said that in each of the four instances before the court yesterday, illegal development was causing serious damage to the environment.
The developers had until yesterday (Monday) to show why a provisional order should not be finalised, but the developers’ advocates asked for an adjournment, which the judge refused.
The provisional order prevented the developers from interfering with, removing or destroying any plants or vegetation and from carrying out further construction.
The judge said: “There are no facts placed before me… as to what steps were taken or why steps were not taken during the period, that in most instances, extended from early October to today telling me why they (the respondents) were not in a position to file their affidavits setting out their defence or grounds of opposition.”
iSimangaliso officials claimed the developers failed to get permission from the relevant authorities for the developments, or permission to live there.
One application was against Madolwane Mthembu and Simon Tembe, of the KwaThembe Traditional Council Area in Kosi Bay, who had been building at Bhanga Nek. A second application involved construction at the “Joubert site” where two cottage-type chalets had been built.
Rangers were told that the site belonged to JH Joubert and when he was confronted, Muzi Mthembu claimed Joubert was authorised by Mkhawu Mthembu (Muzi Mthembu’s father) to develop the site.
The order was not confirmed against Mkhawu Mthembu and the case was adjourned to next week for court papers to be served.
A third application involved development at the “Bronkhorst Resort site”. Park authorities were told that the site was allocated to Lucas Mkhonto by Ngubane Mjozi.
They found that the site was being developed into a holiday resort and that Francois Bronkhorst, formerly of Stilfontein, had given up his job to develop a lodge.
The fourth application was against Cecil Henry Berkhout, of Springs, who was developing the Inkwazi Resort at Bhanga Nek in the coastal forest reserve section.
Park authorities said virgin forest had been cleared, a road cut, thatched buildings had gone up and water pipes connected.
At the Durban High Court yesterday, advocate E Crots, for three of the respondents, sought an adjournment. He said his clients had tried to meet park authorities last Friday to resolve the matter, but the authorities had declined to meet them.
Crots told the court his instructions were to invoke provisions of the National Environment Management Act which made reference to conciliation and mediation processes.
However, Koen said he was not persuaded that this defence was bona fides. Appearing in the fourth matter, advocate L Broster also asked for an adjournment.
Representing iSimangaliso, advocate Jean Marais SC responded that the provisional orders had been granted more than a month ago, but the respondents had only waited until Friday to talk to park authorities.
He said one development had even continued after the interim order.
Referring to Crots’ argument that his clients wanted to conciliate and mediate the process, Marais responded: “You can mediate until you are blue in the face, but if you commit an offence, mediation does not condone it.”
He said the respondents were asking for the adjournment to “simply buy time so they could mobilise and pressurise”.
· This article was originally published on page 1 of The Daily News on November 24, 2009
