Pumula launch site runs aground amid access road controversy
The access road to the beach was initially owned by Transnet/SAR&H, which did not object to the public using or parking on its property.
Pumula’s Intshambili Ski-boat public launch site, one of the oldest on the coast, is facing possible closure.
Public access to the beach and parking at Pumula beach are also under threat.
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The ski-boat launch site has been operational since the mid-1950s and under management of the Intshambili Ski-boat Club since 1974.
The area, at the mouth of the Intshambili River, is a popular spot for beachgoers, surfers, divers, fishermen and holidaymakers. It is also where the Sharks Board launches its vessels.
But now chairman of the club, retired attorney Mike Fraser, is deeply concerned at the news that Ray Nkonyeni Municipality is withdrawing its support for the site pending the resolution of what it refers to as the “myriad of issues” between the club and the landowner.
Mr Fraser states that the only issues are public beach access and parking on privately owned property. Over the past two decades he has spent many hours engaging with both the property owners and the municipality in an effort to find a solution acceptable to both parties.
The access road to the beach was initially owned by Transnet/SAR&H, which did not object to the public using or parking on its property.
In the late 1990s, the property adjacent to the launch site was bought by a couple from Durban. Sometime around 2000 they managed to purchase the access road from Transnet.
“No public access servitude over the property was registered, even though the public had used this access for decades. It is clear from my research that the public has acquired a right to this access through immemorial usage,” said Mr Fraser.
He produced Exco minute EX220/02/2011 in which the municipality had agreed to acquire or expropriate the land for public access and parking. He said the municipality had offered the owners R80 000 in compensation, which they had refused.
“This sum exceeds the municipal valuation of the land, which is really worthless except as an access road to the owner’s property. Furthermore, the municipality is under a legal duty in terms of section 18 (1) and (2) of the Integrated Coastal Management Act to create a pubic access servitude to the beach”.
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“The community services department’s current stance and refusal to consult affected parties is not in keeping with an organ of the state’s obligations as set out constitutionally, and upheld by the courts.”
However, spokesman for Ray Nkonyeni Municipality (RNM), Simon April, said it appeared that the media had been told ‘half a story’ as it was not the municipality closing the site, but the Department of Environmental Affairs (DEA).
“The truth is the club has had an ongoing dispute with the landowner as they (club members) have to go through her private property with their vehicles in order to access the launch site,” he said.
“In reality the matter has been between the club and the landowner and the club seems to be expecting the municipality to expropriate the land from the landowner. In an effort to intervene, the municipality has convened a meeting with all concerned,” confirmed Mr April.
Mr Fraser responded that the club is just one of several interested and affected parties. The issue is that of legitimate public access and parking at the popular beach and launch site. He referred to the municipality’s Exco decision in March 2011 to acquire the property. He also pointed out that the DEA’s stance was to get all currently licensed sites listed. RNM Community Services’ decision to withdraw its support for listing would be the direct cause for closure.
A meeting between municipal manager Max Mbili, the Community Services head and the affected parties has been scheduled for May 16.
Mr Fraser said he was grateful to RNM mayor, Cynthia Mqwebu, for organising the meeting, at his request.
“The head of community services made a decision to withdraw support for the listing without properly considering the consequences or consulting the affected parties and refused to meet with me or attend a meeting scheduled by the DEA about the decision. I’m hopeful that this meeting will resolve these issues for the benefit of the public” he said.
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