Farmer unlawfully gated access to public road
Judge John Smith, of the Eastern Cape High Court (Grahamstown), has found Komgha farmer Elvin Krull had unlawfully gated a public road as part of his efforts to enclose his Tityaba Reserve near Morgan Bay, says a Daily Dispatch report.
Krull's neighbour Johan Els has to use the road to access his own farm, which is adjacent to Krull's reserve. But Els said in court papers that the series of gates, which effectively prevented access to a public provincial road, were illegal as no approval for closure of the road had been sought by Krull from the Roads and Transport Department. Krull has subsequently conceded that gating a public road required permission from the Roads and Transport Department - which he has yet to get. According to the report, Smith discharged the earlier rule nisi obtained by Krull against Els and dismissed the contempt application Krull had brought against his neighbour. He stopped short of ordering Krull to remove the gates as Els' counter application to have the gates removed has not yet been heard. Full Daily Dispatch report (subscription needed)