Official wanted estate canned

2003-11-21 14:20

George - Only months before the Roodefontein golf estate development was given the go-ahead, the provincial environment official dealing with the project was about to recommend it be canned.

This was evidence on Friday in the regional court in George, where former Western Cape premier Peter Marais and his environment and development planning MEC David Malatsi have pleaded not guilty to charges of corruption.

The state claims they accepted thousands of rands in bribes to smooth the way for approval of the R500m project in the ecologically sensitive Piesang River Valley at Plettenberg Bay.

The provincial environment department's case officer in George who was dealing with the Roodefontein application, Dr Steve du Toit, told the court that in January 2001 he had been drafting a negative record of decision (ROD) - in other words, a recommendation that the application be refused.

"It was my opinion at that time, my feeling that the development would in all likelihood have negative impacts on the environment," he said.

In terms of the National Environmental Management Act, a "cautious and risk-averse" approach to development was required, and when he applied his mind, he could not in good faith recommend a positive decision.

However in April 2002 he was instructed by his head office in Cape Town to draft a positive record of development.

Asked by prosecutor Bruce Morrison whether this had been in accordance with his principles and beliefs, he replied only: "I'm not the decision maker.

"The decision maker instructs me to draft positive or negative decisions and I do so."

The state claims in the charge sheet that Malatsi removed the delegated decision-making authority of the department's director for environment management, Ingrid Coetzee, when she refused to issue a positive ROD, and that on May 6 the province did approve Roodefontein, albeit with conditions.

Asked in cross examination by Malatsi's advocate Pete Mihalik whether his personal feelings did not play a role in drafting RODs, Du Toit said: "No, my knowledge and skill are separate from my feelings."

"You were totally neutral about the project from beginning to end?" asked Mihalik.

"Correct," said Du Toit.

Du Toit acknowledged that he had heard he was referred to as "Dr No". "No-one's clarified the spelling, whether it's k-n-o-w or n-o," he said.

Asked whether it was because people thought he was a doctor who said "no" to development, or that he was involved in the world of espionage along the lines of 007, he said he did not know.

"Do you think it's an unfair nickname?" asked Mihalik.

"Yes," said Du Toit.

Earlier, tensions in the trial boiled over when Morrison asked magistrate Andre le Grange for a 15-minute adjournment so he could prepare a set of documents for the next phase of evidence.

- SAPA