Stellenbosch Municipality aims to appeal a recent court ruling in which it lost a bid against the owners of a local excavation site.
This is according to Stuart Grobbelaar, communications manager at Stellenbosch Municipality.
“The municipality is in the process of thoroughly reviewing the judgment,” said Grobbelaar, in correspondence with SMF News. “However, we can categorically state that we strongly disagree with the findings of the court. We will be appealing the judgment.”
The current state of the excavation site poses an ongoing safety risk to the public, according to captain Nathalie Martin, communications officer at Stellenbosch South African Police Service (SAPS).
The Western Cape High Court found that “two necessary requirements for the granting of a final interdict have not been met [by Stellenbosch Municipality]”, according to a court document from a judgement delivered by the Western Cape High Court. The document stated that the municipality lacked both a “clear right” and proof that no alternative remedies were available. PHOTO: Nadia Swart
The property is located on 77 Bird Street in Stellenbosch and is owned by the Cova Da-Iria Trust, according to Grobbelaar.
In October 2022, a Stellenbosch couple, Ethan Kirkland (19) and Leila Lees (18), drowned after their car entered the site. This is according to a court document from a judgement delivered by the Western Cape High Court on 8 April. The document highlighted this as proof that the existing safety measures are inadequate.
In October 2022, two people drowned after their vehicle entered the Bird Street excavation site. The Western Cape High Court acknowledged the fatal incident, but found that Stellenbosch Municipality had not met the legal requirements to compel rehabilitation of the property. This is according to a court document from a judgement delivered by the Western Cape High Court on 8 April 2025. PHOTO: Nadia Swart
Long-standing dispute
“The municipality initiated legal proceedings to compel the trust to rehabilitate the property in Bird Street to its original, natural ground level,” said Grobbelaar. “Despite multiple engagements, including formal meetings, official notices, and extensive written correspondence, the trust consistently failed to comply with the municipality’s directives.”
According to Grobbelaar, the court action followed years of efforts by Stellenbosch Municipality to resolve the matter amicably.
The document stated that the excavation is approximately 10 metres deep and 30 metres wide, and was initially intended for a commercial development, which never materialised. It also mentioned letters dating back to September 1997, where the municipality addressed the trust on the unsafe conditions of the excavation.
The Bird Street excavation, once intended for development, remains fenced off. This is according to a court document from a judgement delivered by the Western Cape High Court on 8 April. PHOTO: Nadia Swart
The trust submitted a formal application to the municipality on 17 February 2025 for approval of a boundary brick wall as an alternative to rehabilitating the excavation, according to the document.
Martin believed that the construction of a perimeter wall would adequately address the safety concerns that this site poses.
SMF News reached out to Francisco Daniel de Canha Junior, trustee of the Cova Da-Iria Trust, for comment, but did not receive a response by the time of publishing.