Document SRC-3525
Stellenbosch Interest Group v Provincial Minister of Local Government, Environmental Affairs and Development Planning and Others (23747/2024) [2026] ZAWCHC 342 (30 June 2026), Mangcu-Lockwood J
- Original address
- https://groundup.org.za/media/uploads/documents/30_june_2026_stellenbosch_interest_group_v_prov.min.of_local_government__others.pdf
- Retrieved
- 29 October 2026
- Archived copy
- An archived copy is held by the project
Original document
Claims citing this document
- VerifiedEditor-approved According to the High Court judgment of 30 June 2026, Stellenbosch Municipality's council approved, subject to conditions, at meetings on 24 and 30 July 2024, a land swap that Botmaskop's developers requested: portions of erf 3363 and the Remainder of Farm 333 Stellenbosch for a portion of land higher up the mountain on Portion 2 of Farm 490. Conditions included a restrictive title condition prohibiting further development on the swapped land and a requirement that the developer restore the natural fauna and flora. A valuation report recorded the extents as about 4.69 ha (portion of erf 490), 4.02 ha (erf 3363) and 0.67 ha (erf 333) and found them of equal value.
- VerifiedEditor-approved On 30 June 2026 the Western Cape High Court (Mangcu-Lockwood J) dismissed the Stellenbosch Interest Group's Part B relief over the Botmaskop development, which was a 77-unit gated residential estate allowed by a 2021 provincial amendment of a 2003 environmental authorisation. The dismissed relief included review of the municipality's 30 July 2024 land swap approval, and the court found 'no basis to conclude that it was unlawful, irrational or arbitrary'. The court also dismissed an application to amend the case to review the municipality's rezoning approval of 28 November 2022. It ordered the applicant to pay the costs of the developer, Botmaskop, in Parts A and B, and, in the amendment application, the costs of Botmaskop, the previous developer Reset and the plot purchasers on the attorney-client scale; no costs order was made in favour of the municipality or the province.