ATTEMPTED CIRCUMVENTION OF ADDO NATIONAL PARK’S EXPANSION – BLATANT MANIPULATION BY OFFICIALS OF THE LAND-REFORM (REDISTRIBUTION) PROGRAMME AND WANTON DISREGARD OF SOUTH AFRICAN NATIONAL PARKS’ CONTRACTUAL RIGHTS: SOUTH AFRICAN NATIONAL PARKS V ADDO AFRIQ

Abstract

The focus of the Provision of Land and Assistance Act 126 of 1993 is on land reform. It aims to ensure the beneficial use, development and improvement of land as referred to in the Act, contribute to bring about poverty alleviation, promote economic growth, and empower historically disadvantaged persons. However, this Act has recently been manipulated in order to develop a luxury tourist facility. In South African National Parks v Addo Afrique Estate (Pty) Ltd (1201/2010) [2011] ZAECGHC 40, the Eastern Cape High Court had to decide on the applicability of the Act on a luxury tourist development, as well as on the requirements for an interim interdict and the rights acquired through a right of pre-emption.