A battle between iSimangaliso Wetland Park and the developers of an illegal tourism development in the park resulted in the demolition of the buildings yesterday. The development was undertaken by Madolwane Mthembu and Simon Mlabane Tembe (who are referred to as the Tembe brothers) at the Bhanga Nek Beach Camp in the coastal forest reserve.
Last year, park officials, with the support of the KZN Nature Conservation Board and the minister of water and environmental affairs, secured high court orders against developers, including the brothers, who were building holiday cottages in the park. The developers were ordered to stop building, demolish what had been built and to rehabilitate the areas.
If the developers failed to do this, the park was given the authority to do the work and claim costs.The Tembes were given until April 30 this year to vacate the land on which they had already started trading.While the other developers complied with the court orders, the Tembe brothers continued building after the April 30 deadline.Park officials then applied in the Durban High Court in March this year for the Tembe brothers to be found in contempt of court and to be jailed. In his affidavit, the park's senior conservation compliance manager Peter Hartley said the Tembe brothers had been "confrontational and self-righteous", making death threats against officials and saying in a letter that no one would stop them from building.
A letter said: "No matter we are arrested... we will proceed developing on our land (sic)."The Tembe brothers opposed the application and Judge Chris Nicholson reserved judgment in the case last Friday. The brothers claim in papers before the court that they had the permission of the late acting chief Phasula Tembe and councillors of the KwaNgwanase administrative area to build on the site. iSimangaliso said on Tuesday that the demolition had been done according to a responsible demolition and restoration plan and the Tembes had been given prior notice on May 8. iSimangaliso board chairman Mavuso Msimang said demolition had been the last option.
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