Heritage Cases

The property (Mosplaas Farm) on which the construction of the agricultural development (orchards/vineyards) and associated infrastructure took place, is situated on the Kakamas South Settlement (KSS) No. 2255, 2149, 1710 and 2152. The farm is situated approximately 10 km south-east of Kakamas along the R359, in the Northern Cape. The agricultural development triggered a section 24G process due to the unlawful clearing within 32m of a stream without prior authorisation. During the period from 1997 to 2016 various developments have taken place on the farm, of which most are the agricultural developments of vineyards and orchards. The agricultural development consisted of various listed activities that triggered the ECA 1997 up until the NEMA 2016, outlined below accordingly. 1. 1997-1999 Development: • Construction took place during 1998 for the infrastructure development of the orchards/vineyards on Block 4 (KSS 2125) of approximately (72ha). • The construction took place over small ephemeral streams without prior authorisation. 2. 2006-2010 Development • Construction of orchards/vineyards across small streams on the following properties: KSS 2255 – 124ha; KSS 2125 – Block 2 – 70.2ha (orange), Block 3 – 19ha (white) and Block 1– 22ha (turquoise blocks), ; KSS 1740 – 80ha, see pink areas; KSS 2419 – 23ha, see yellow areas. • The construction of a dam (Dam 1) with a volume of 42 000m3, and a wall height of 4.95m on KSS 2125. It is noted that the dam in itself did not trigger an activities, however, it triggered NEMA as the dam was constructed within 32m from a small stream; • The construction of a dam (Dam 2) with a volume of 1 900m3 on KSS 2125. The dam did not activate an activity due to the small size. However, the dam runs across small streams.