Unauthorised auction stopped
May 14 2008 02:38:27:017PM  - (SA)  

Druk artikel   E-pos storie aan 'n vriend

Despite receiving prior warning letters and advice that legal action would be taken against them, Aucor Auctioneers chose to continue with a planned auction of heavy machinery and vehicles within an area protected by law because of its fragile eco-system and its World Heritage status.

Both the Cradle of Humankind World Heritage Site Management Authority and the GDACE gave the auctioneers ample warning that the auction was illegal and that action would be taken against them should they proceed. GDACE Environmental Management Inspectors, or Green Scorpions, issued a pre-compliance notice in terms of the National Environmental Management Act (NEMA) in terms of which the owner of the land and the auctioneer were called upon to argue why they should not be instructed to cease all activities on the site and remove the equipment and vehicles.

Once the Management Authority was advised that the auctioneer would vigorously oppose any attempt to interfere with the auction, officials went to the High Court to seek an urgent interdict in terms of the National Environmental Managemetn Protected Areas Act (NEMPAA) to stop the auction taking place and to require the removal of all equipment.

Although the auctioneer was advised of the application and given an opportunity to respond, he chose to go ahead with the auction while the case was being heard.

The Green Scorpions then issued an immediate compliance order and initiate arrest of the auctioneer.

It was only at that point that he admitted to being in the wrong and stopped the auction. An agreement to remove all the equipment by close of business on 13 May will be made an order of the court.

The activity on the site and the advertised sale of 100 ha of land required permission of the Cradle of Humankind World Heritage Site Management Authority in terms of the National Environmental Management: Protected Areas Act and regulations 19, 20, 43 and 46 for the Proper Administration of Special Nature Reserves, National Parks and World Heritage Sites.

No such permission or authorisation was applied for.

Dr Trish Hanekom, CEO of the Management Authority, expressed her satisfaction that the action of the Management Authority, the Green Scorpions and the courts had been successful in deal?ing with the situation effectively. “It is our constitutional responsibility as organs of state to ensure that environmental rights are protected – considerable damage was caused on site with the movement of the vehicles and machinery onto the land and further damage would be caused by buyers for the auction” she said.

“Failure of government to act against this transgression would create a precedent for anyone to do as they please without proper permission and authorisation.”

Teken in op Volksblad