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Legalbrief   |   your legal news hub Sunday 14 December 2025

Judgment reserved on irrigation of golf course

A Cape High Court judge has to decide whether the Western Cape Department of Environmental Affairs and Western Cape Heritage should join Pinnacle Point Resorts as respondents in an application by the Wildlife and Environment Society of SA (Wessa) to halt irrigation of the golf course at the Pinnacle Point golf resort.

Wessa brought the application against developers Pinnacle Point Resorts, claiming that excess water used during irrigation is damaging 28 archaeological sites, including 15 limestone caves, in the area. A Cape Times report says the caves contain important artefacts. They have asked the court to interdict the developers from continuing, but the developers say the golf course is central to the resort and should the grass die, investors would be unhappy. Last week, the parties were in court arguing the urgency of the matter. The judge was asked to decide whether the matter should be heard urgently. But the parties eventually agreed to have it heard as an urgent application and returned to court yesterday to argue the interdict application. Here the developers raised a separate point - that the department and Western Cape Heritage should have been cited as respondents. Judgment has been reserved. Full Cape Times report (subscription needed)

Ancient archaeological material in caves are claimed to be 'of the greatest international importance'. A Cape Argus reports these comments are contained in an affidavit by Professor Judith Sealy, Head of the Archaeology Department at UCT, filed in support of Wessa's application. Three affidavits from prominent local archaeologists, including Sealy, were submitted in support of Wessa when the urgent hearing resumed before Judge Anton Veldhuizen. But counsel for the resort company, Gary Myburgh SC, objected, saying he had not yet had a chance to study the affidavits and that he intended applying for them to be struck out. Full Cape Argus report (subscription needed)