By Kathryn Parkes

Sun International and Emfuleni Resorts have been given a chance to appeal against a judgment granting ownership of the multi- million rand Fish River Sun Resort to a rural Eastern Cape community.

In March this year, the Land Claims Court declared the Mazizini community the official owners of the resort, comprising a hotel and golf resort along the eastern banks of the Fish River and 56 adjacent farmlands.

The Mazizini community lodged their claim more than two years ago, stating that the land was taken away from them as a result of past racially discriminatory laws.

The land was bought from the Ciskei government in 1987 for about R20million.

However, in August, the tourism giants applied for leave to appeal, alleging that the small Peddie community could not develop the property in an economically viable manner.

In his application, representing Sun International and Emfuleni Resorts, advocate Richard Buchanan, SC, argued that the court had failed to have any adequate regard to the “practical and economic difficulties which rendered the maintenance and development of the property … require substantial capital input to render it viable”.

He added that the restoration would cause a “disruption” and that the court had not considered the negative effect it would have on existing employees at the complex.

Last week, Judge Fikile Bam granted the leave to appeal to Fish River on the basis that alternative forms of relief, such as monetary compensation or alternative land, should have been explored.

The matter will be heard in the Supreme Court of Appeal next year. A date has not yet been set.

Speaking to the Daily Dispatch on Monday, attorney for the community Elias Makhanya disputed that there was alternative land available to compensate his clients.

He added that the Mazizini community never intended to make any changes to the hotel or golf course.

“They have always planned to keep it as it is. Nothing will be changed,” Makhanya said.

“Community members are not denying that they don’t have all of the skills needed, so if the appeal is unsuccessful they are planning to sign a lease agreement with another entity … A company to run the hotel.

“If the current owners of Fish River Sun are interested, the community is willing to come to some sort of an agreement.

“And a programme will be put into place for the community to acquire the necessary skills,” he added.

Source: Daily Dispatch