The developers of the Blair-Atholl golf course estate are suing local interested and affected parties (IAPs) for R200 million for deformation of character. The premise for the legal action is based on the allegation that IAPs have disseminated incorrect information in an attempt to incite other person(s) to oppose the development of the golf course estate. The developer contests that this amounts to deformation of character. The feud over the development of this golf course is not a new.
In 2004, IAPs took the developer to the High Court under the accusation of commencing construction without environmental authorization. The High Court ruled in the developer's favour. Environmental authorization has since been obtained by the developer for the establishment of the golf course estate.
Such a case is an important issue in the public participation process. While IAPs have the right to object to developments and environmental legislation makes provision for the protection of whistle blowers, a line does exist between voicing environmental concerns and maliciously attempting to halt a development. Concerns have however been raised regarding developers "bulling" the public to silence them over environmental issues by threatening legal action against the IAPs.
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