Conservation victory for the PCA
The outcome of this case means that the underlying decision made by the HOD of GDARD in 2014, to deny authorisation for this development, still stands.
A victory was realised this week for conservation in South Africa in the South Gauteng High Court. In the case of Proteadal Conservation Association (PCA) vs the MEC of the Gauteng Department of Agriculture and Rural Development (GDARD), in which the MEC’s decision to grant an environmental authorisation for a development in Mogale City went on appeal, the draft proposal by Mogale City Local Municipality (MCLM) and its developers, Tiamo Construction, to erect almost 3 000 high density residential units on municipal property known as Proteadal, which lies on the southern border of the Walter Sisulu National Botanical Garden (WSNBG) was reviewed and set aside by an order of the Court on Wednesday, 31 July.
The outcome of this case means that the underlying decision made by the HOD of GDARD in 2014, to deny authorisation for this development, still stands.
At the time, the MCLM appealed the decision, which was upheld with conditions, by the then MEC of GDARD, Lebogang Maile, thereby effectively overturning the denial of the 2014 authorisation by that Department.
The PCA, a community group of volunteers, took the MEC’s decision on review, assisted on a pro bono basis by Webber Wentzel’s environmental law department, led by Garyn Rapson and Tsoseletso Bogopa and Counsel, Peter Lazarus and Ian Learmonth. The review application was opposed by the MEC’s office and GDARD.
Some of the findings on which the 2014 decision was based included acknowledging that Proteadal has significant environmental attributes, including irreplaceable ecological support areas that are designated as highly sensitive and that are essential for the conservation and preservation of biodiversity in Gauteng.
The 2014 findings state the following in respect of housing provision and possible job opportunities created by such a development: “Considering the highly sensitive nature of the site and the possible fatal consequences arising from the proposed development, it would be far more feasible and sustainable to identify more suitable land in already transformed and degraded areas for housing provision”.
In addition to these findings, the ridges at Proteadal are the last remaining viable habitat for the critically endangered Albertina Sisulu Orchid, of which there are just over 100 individual plants left on Earth.
A healthy population of the endangered Mountain Reedbuck and the internationally renowned Black Eagles of Roodekrans also thrive on these ridges, as well as various other threatened plant and animal species.
PCA Chairperson, Belinda Cooper, said, “Together with other environmental NGOs active in the area and the WSNBG, we are engaged in developing innovative and sustainable solutions through active management and monitoring, to preserve the ecological integrity of this sensitive habitat as far as possible against the type of threats often associated with open areas around cities.”
