Homeowners have returned to the Botmaskop site outside Stellenbosch to continue construction of a new development, despite ongoing differences between the developer and a local interest group. The return to the site was confirmed by Werner Roux, CEO of Staytus Collection, the developer of the planned estate.
Stellenbosch Interest Group (SIG), however, believes that its application for leave-to-appeal does not legally allow this, correspondence seen by SMF News shows.
The Botmaskop slopes, where the contested estate development is set to proceed following a High Court ruling dismissing a legal challenge from Stellenbosch Interest Group (SIG). PHOTO: Ella Bosman
Judge rules against SIG application
SIG is a Stellenbosch civic group that opposes large-scale developments to protect the area’s natural environment and historical character, according to its Facebook page.
In 2024, SIG took Botmaskop Fynbos Estate, a luxury estate in the process of development outside Stellenbosch, to court. It argued that the development’s original 2003 environmental authorisation, and a 2021 amendment allowing a residential estate instead of a mountain resort, had both lapsed because construction had not started within the legally required window, the court papers show.
On 30 June this year, Judge Nobahle Mangcu-Lockwood dismissed SIG’s application, as seen by SMF News, ruling that tree-felling already carried out on the site counted as construction having started, making the authorisation valid.
According to the judgment, SIG was ordered to pay costs, including attorney-client scale costs to Botmaskop and the affected purchasers.
Municipality’s weighs in
“The municipality feels vindicated by the judgment, which aligns with our consistent position,” said Stuart Grobbelaar, Stellenbosch Municipality’s communications manager.
“As with any court matter, parties retain the right to seek leave to appeal,” he said.
An aerial photo of the Botmaskop Fynbos Estate building site, the centre of the legal dispute between Stellenbosch Interest Group (SIG) and the estate’s developers over whether construction is currently permitted to continue. PHOTO: Supplied/Oliver Burger
Building resumes
SIG applied for leave to appeal – permission from the court to challenge the judgment in a higher court – against the judgement on 21 July.
In a letter, dated 21 July, supplied to SMF News by Johan Van der Merwe, SIG’s attorney, Van der Merwe argued that under Section 18 of the Superior Courts Act, simply lodging the application automatically suspends the effect of the judgement being appealed.
Attorneys for the developer (Werksmans) and for a group of plot owners (DKVG) disagreed, telling Van Der Merwe in letters on 22 and 23 July – supplied to SMF News by Van Der Merwe – that his interpretation was “factually wrong and flawed in law”, and that the interim interdict had lapsed once the underlying review was dismissed on 30 June.
Van der Merwe rejected the argument on 24 July, in his letter to Werksmans and DKVG attorneys, asking the parties to confirm agreement with his interpretation by 27 July, or face an urgent court application to resolve the dispute.
Speaking to SMF News, Roux confirmed Botmaskop and its developers’ legal teams had responded to Van der Merwe’s 24 July letters, disputing his interpretation of the interdict.
Site map showing the location of Botmaskop Estate on the slopes above Stellenbosch, bordered by the R310 and neighbouring properties, including Lanzerac, Delaire Graaf Estate and Tokara. PHOTO: Supplied/Botmaskop Estate
Developer responds
In a public media release on 23 July, Botmaskop Fynbos Estate said an appeal is not automatic, and still needs to be granted by the same judge who ruled on the case.
It also alleged that SIG’s “main purpose with these false allegations and media reports” was to cause reputational harm, create doubt among current and prospective buyers and discredit the estate’s validity, an allegation SIG has not directly responded to, following multiple attempts to for comment from Van der Merwe.
In the letter, the developer, Staytus Collection, said construction, sales and development activities would continue “in accordance with the applicable legal framework”.
He said SIG’s application for leave to appeal is set for 15 September, and he is “very confident” it will not be granted, pointing to what he called the judge’s “extensive ruling”.
This is a developing story.