NELSPRUIT – The owners of a local landmark are facing a criminal investigation for performing construction work without the necessary permission and harming a wetland in the process.
The Department of Economic Development, Environment and Tourism (Dedet) has confirmed that Rybak Prop 001 Pty Ltd, which owns the Bakos Brothers shop in Nelspruit is being investigated. Mr Mohau Ramodibe, communications head of Dedet, explained that this followed an investigation by the Environmental Management Inspectorate (EMI), aka. the Green Scorpions into the construction at Aloe Park earlier this year.
New parking decks were being constructed at the shop located on the corner of Madiba Drive and Anderson Streets. The SABC’s offices are located on the premises and there are various shops.
Ramodibe explained that the inspectorate’s findings were, “that the construction was done on the wetland and that a stream was diverted”. He said the construction commenced illegally because environmental authorisation had not been obtained and that a compliance notice was issued to Rybak Prop.
It was served to and received by Mr Dennis Bakos on September 16. “The compliance notice made it clear that the construction must be stopped within 24 hours and this did not happen immediately as it continued,” Ramodibe said.
Construction was being performed by Ikotwe Construction. They referred the matter to their lawyers, Luneburg & Janse van Vuuren, who explained that construction commenced in terms of properly approved building plans.
Ms Peggy Mabaso from Werksmans Attorneys responded on behalf of Rybok Prop. “Our client has, in compliance with legislation, submitted an application for rectification in terms of Section 24G of the National Environmental Management Act, in terms of which our clients seek to obtain environmental authorisation in relation to certain unauthorised construction activities performed by Ikotwe, including a preliminary impact assessment with mitigation proposal to rectify the environmental damage that occurred as a result of the said unauthorised construction activities.”
Ramodibe confirmed that on September 20, the EMI had a meeting with Bakos Brothers on site to discuss the non-compliance issues and the implication of the compliance notice. The company subsequently submitted a rectification application to Dedet in order to correct the situation. “However, this does not exonerate Rybak from other legal enforcement action to be taken against them,” Ramodibe said.
Rybak’s lawyers also said that although the client bears the responsibility in terms of the National Environmental Legislation, “our client did not conduct any construction activities itself,” said Mabaso.
Ikotwe Construction has since left the site, due to alleged non-payment from Rybak Prop. “Since commencement of construction works, the building site was and remains in the possession of Ikotwe Construction,” said Mr Corrie Janse van Vuuren of Luneburg & Janse van Vuuren Attorneys.
In September, Rybak was allegedly placed on terms to rectify various material breaches of the building agreement. After attempts to remove the impasse by negotiation failed, Ikotwe said it cancelled the Building Agreement on October 9 and ceased further construction work on the project.
“Significant amounts remain due to Ikotwe in terms of unpaid payment certificates and damages claims,” Janse van Vuuren explained. Rybak Prop responded that the public has no interest in their client’s contractual arrangements with Ikotwe. “Under the circumstances, our client declines to answer any question relating thereto and advises that, to the extent that you publish information concerning our client’s contractual arrangements with Ikotwe, its rights are expressly reserved,” the letter from Mabaso read.
According to Ramodibe, no immediate arrests have been made due to the non-availability of the directors on the site, as they were said to be in Gauteng. “However, summons will be served on them to appear in court,” he said.
