n Law, Democracy & Development - The impact of development on the environment as part and parcel of integrated development planning?




In September 2007 the Supreme Court of Appeal confirmed the order made a year earlier by the Transkei High Court, which ruled that the owners of 16 cottages which had been built without permission along the Transkei coast vacate the sites they had been illegally occupying and demolish and remove the buildings and structures without damaging the natural environment. These buildings and structures had been built in contravention of section 39(2) of the Transkei (Environmental Conservation) Decree 9 of 1992, which requires a permit to clear, develop or build on land in the one kilometre wide strip of land above the high water mark - the coastal conservation area. Some ten years earlier the Transkei Supreme Court had granted an order, applied for by the Wildlife Society of Southern Africa and members of the Wild Coast Cottage Owners Association, against the Minister of Environmental Affairs and Tourism to enforce the provisions of the Decree.


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