South Africa: Northern Cape High Court, Kimberley

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Minister of Public Works v Nieuwoudt and Others (1511/2006) [2007] ZANCHC 50 (18 August 2007)

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IN THE HIGH COURT OF SOUTH AFRICA

(CAPE OF GOOD HOPE PROVINCIAL DIVISION)

CASE NO.: 1511/2006

DATE HEARD:21-06-2007

DATE DELIVERED:17-08-2007


In the matter between:


THE MINISTER OF PUBLIC WORKS Applicant


And


A A NIEUWOUDT AND OTHERS Individual Respondents (as

per annexure “A”

(as amended) hereto)

SA NATIONAL PARKS BOARD Second Respondent

MINISTER OF MINERAL AND ENERGY AFFAIRS Third Respondent

MINISTER OF LAND AFFAIRS AND AGRICULTURE Fourth Respondent

MINISTER OF ENVIRONMENTAL AFFAIRS

AND TOURISM Fifth Respondent

MEC FOR LOCAL GOVERNMENT Sixth Respondent

NAMAQUA DISTRICT Seventh Respondent

MUNICIPALITY KAMIESBERG MUNICIPALITY Eight Respondent



CORAM: C.C WILLIAMS J:

J U D G M E N T


WILLIAMS J:

1.The applicant in this matter is the Minister of Public Works who has by law been assigned as the custodian of state-owned land situated on the southern bank of the Groenriviermond and between the high water mark of the Atlantic ocean and the werstern boundaries of the farms klipkuil 547, Eiland Punt Noord 549 and Eiland Punt Zuid 550 in the Namaqualand.


2.It is common cause that A.A. Nieuwoudt and Others, cited as the individual respondents, a group comprising of 91 individual respondents, occupy the said state-owned land which is unsurveyed, unregistered and unalienated, without the tacit or express consent of the State, the owner thereof.


3.On 6 December 2006 the applicant launched an application for inter alia, the eviction of the individual respondents from the State-owned land and the demolition of the structures.


4.On 8 December 2006 when the matter first came before court a rule nisi was issued calling upon the individual respondents to show cause, if any on 23 March 2007 why an order in the following terms should not be made:

1.1oredering the eviction of the individual respondents referred to in annexure “A” annexed hereto from the state-owned land being unsurveyed, uregistered and unalienated situated on the southern bank of the groenriviermond and between the high-water mark of the Atlantic Ocean and the western boundaries of the farms Klip Kuil 547, Eiland Punt Noord 549 and Eiland Punt Zuid 550 in the Namaqualand district;

1.2ordering the said individual respondents to demolish and/or remove all structures erected thereon by them on the sain land without the express or tacit consent of the state, within a period of 30(thirty) days of the order in paragraph 1.1 above, at their own cost and expense;












_________________________

C.C WILLIAMS

JUDGE




Counsel for Applicant: Adv N Arendse SC (State Attorney, Cape Town) With Adv. J. Krige

Counsel for the Individual Respondents: Adv. Reinders