AfriForum takes action against illegal Klerksdorp development, which is harming wetlands

AfriForum yesterday served a formal letter on the Matlosana Local Municipality in which the organisation demands the immediate cessation of an illegal development in Klerksdorp. The letter, which the law firm Hurter Spies drafted on behalf of AfriForum, warns that continuing earthworks and construction without the necessary approvals constitutes a serious violation of various laws.

According to AfriForum, the developer Bageso Development Consultants (Pty) Ltd, has already commenced earthworks and the installation of infrastructure on the site known as the Hillview development, without the project having been approved by the Municipality or any competent authority. The development intends to erect approximately 4 700 residential units – without first obtaining the required environmental authorisation or water use licence.

“We have evidence that major earthworks and infrastructure installation has already begun, despite the fact that the Municipality has not given any formal approval,” says Alta Pretorius, AfriForum’s District Coordinator for the Mooi River. “The law is clear – no developer may start work on a project of this magnitude without proper environmental and building authorisations. This type of arrogant behaviour is a direct disregard for legal processes and community interests.”

The letter to the Municipality refers to violations of various legislation, including the National Environmental Management Act, Act 107 of 1998 (NEMA); the National Building Regulations and Building Standards Act, Act 103 of 1977; and the Matlosana Land Use Management By-law, which strictly regulates the approval of town planning and land developments.

AfriForum points out that the Municipal Planning Tribunal (MPT) dismissed the original application in October 2024 due to a lack of legal capacity on the part of the applicant. Yet the developer subsequently began activities that disturbed wetlands and damaged water sources – without any environmental or building authorisation.

Wetlands are very sensitive areas that ensure that water sources remain clean, because it filters water that goes to the rivers and once a wetland is destroyed, it takes many years to fully recover. It also hosts many specific wildlife such as birds, frogs and insects. Wetlands also act as sponges for rainwater runoff from surrounding areas: if it is gone, everything floods. Furthermore, wetlands also act as carbon sinks that purify the air.

“We expect the Matlosana Municipality and the North West government to immediately enforce the law,” adds Pretorius. “If action is not taken within seven days, AfriForum may initiate legal action to stop the development and hold those responsible accountable.”

AfriForum says the case is not just about one development, but about the principle of fairness and legality. “Communities have the right to know that development is taking place in a responsible and transparent manner. We will ensure that the law is followed and that the environment is protected. We also call on residents to report such violations of environmental rights to us without delay,” says Pretorius.

To join AfriForum’s Klerksdorp branch, contact Pretorius at 081 392 2071.