STATEMENT ON THE KGASWANE COUNTRY LODGE MAGALIESBERG PROTECTED ENVIRONMENT
Summary
The Magaliesberg Protection Association (MPA) is pursuing a judicial review in the Mafikeng High Court to overturn the MEC's decision to allow the 'rectification' of the Kgaswane Country Lodge, a ± 50 bedroom hotel built illegally in a 'highly sensitive' area of the Magaliesberg Protected Environment. Despite an unsuccessful application for an interdict to stop construction, the MPA argues that the approval violates the area's Environmental Management Framework and sets a dangerous precedent for other illegal developments. The legal process has cost approximately R260,000 to date, with an estimated total cost of R400,000, funded by donations and guarantees from hiking and mountaineering clubs.
Key insights
- The Kgaswane Country Lodge, a ± 50 bedroom upmarket hotel, was constructed illegally within the Magaliesberg Protected Environment (MPE) at Olifantsnek.
- The North West Department approved the developer's Section 24G application for rectification on 9 March 2009, despite the area being classified as "highly sensitive" and hotels being designated as "incompatible activities" under the Environmental Management Framework (EMF).
- The MPA expresses concern that the Department's decision creates a precedent that encourages other developers to build illegally and then seek rectification via Section 24G, citing another similar application for a wedding and conference centre near the Hartbeespoort Dam.
- During court proceedings, it was revealed that the developer, Mr Jan Ntemane, paid a fine of R21,000 for the illegal development, which the MPA's advocates asserted should normally be at least half a million rand for a project of this magnitude.
- The legal costs for the review have reached nearly R260,000 as of March 2011, with the total expected cost estimated at R400,000.
Cite the original document
- APA
- Fatti, P. (2011). STATEMENT ON THE KGASWANE COUNTRY LODGE MAGALIESBERG PROTECTED ENVIRONMENT. Centre for Environmental Rights. https://cer.org.za/wp-content/uploads/2013/05/MPA-Statement-on-Kgaswane-Lodge-March-2011.pdf?x21779
- Chicago
- Fatti, Paul. STATEMENT ON THE KGASWANE COUNTRY LODGE MAGALIESBERG PROTECTED ENVIRONMENT. Centre for Environmental Rights, 2011. https://cer.org.za/wp-content/uploads/2013/05/MPA-Statement-on-Kgaswane-Lodge-March-2011.pdf?x21779.
- Wikipedia
- {{cite press release |last1=Fatti |first1=Paul |title=STATEMENT ON THE KGASWANE COUNTRY LODGE MAGALIESBERG PROTECTED ENVIRONMENT |publisher=Centre for Environmental Rights |date=14 March 2011 |url=https://cer.org.za/wp-content/uploads/2013/05/MPA-Statement-on-Kgaswane-Lodge-March-2011.pdf?x21779 |access-date=23 October 2026 |via=Climate Insights Directory}}
- BibTeX
- @misc{fatti2011statement, author = {Fatti, Paul}, title = {{STATEMENT ON THE KGASWANE COUNTRY LODGE MAGALIESBERG PROTECTED ENVIRONMENT}}, publisher = {Centre for Environmental Rights}, year = {2011}, month = mar, url = {https://cer.org.za/wp-content/uploads/2013/05/MPA-Statement-on-Kgaswane-Lodge-March-2011.pdf?x21779}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }
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