Court rules on Barberton heritage site damage

Even though the Mpumalanga High Court found that a key heritage site had been damaged by construction work, including a fire, the Judge did not issue a final interdict, because building had already been temporarily halted.

The court case revolved around work undertaken by Siphelele General Trading to refurbish and upgrade aspects of a key United Nations Educational, Scientific and Cultural Organization World Heritage Site in Barberton – a De Kaap Valley town that has its origins in the 1880s gold rush in the province.

Siphelele General Trading was tasked with refurbishing and upgrading thirteen Geosites comprising the Barberton Makhonjwa Geotrail in 2023. However, the company, as well as the Mpumalanga Tourism and Parks Agency were taken to court by Sappi, the Mountainlands Estate Owners Association, and the Barberton Chamber of Business for allegedly causing damage along the route.

The Barberton Makhonjwa Mountains Geotrail is a 38 km self-drive route that showcases billions of years of Earth's history. This heritage site is recognised for preserving the oldest and most diverse sequence of volcanic and sedimentary rocks on the planet.

Along the trail, the Geosites provide visitors with opportunities to learn about the region's unique geology and history, supported by established infrastructure.

Siphelele started with construction activities at two of the Geosites located on the properties, the Eureka and Greenstone View Geosites, which is located on the property of the Municipality, after its appointment, and later proceeded to the White Tidal Sandstone, the Painted Quarry, and the Makhonjwa View Geosites.

The applicants alleged in court that this construction caused considerable damage.

Landowners argued that existing infrastructure, including paved parking areas, brick and stone walls, concrete benches, and signage plinths, was destroyed. They contended that these actions constituted malicious damage to property and trespassing, particularly as they said that the work was carried out on their properties without consent or prior consultation.

Furthermore, Sappi officials lodged a criminal complaint against Siphelele General Trading for causing veld fires.

Despite these claims of damages, which the judge said the applicants succeeded in proving, the court did not issue a final interdict to halt construction on the Barberton Makhonjwa Geotrail.

The judge's decision was because there was an existing agreement between the parties to pause construction, pending the outcome of a "consultative process" and a broader agreement involving the Geotrail landowners and other stakeholders.

While the Mpumalanga Tourism and Parks Agency disputed ownership of the Geosites, the judge found no merit in this argument.

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