By Lynn Williams

A United States resident, who owns a property in Jeffreys Bay, has taken the Kouga municipality to court for building a road through a section of his land.

Richard Essington Brawn added Eastern Cape Premier Nosimo Balindlela as the second respondent in the case after the Kouga municipality said the decision to build the road had been taken by the then administrator of the Eastern Cape government.

In his particulars of claim, Brawn said the property, Erf 875 in Jeffreys Bay, had been transferred into his name on January 7 1998.

He said the municipality or the provincial government had constructed a municipal road which encroached on his property, without his consent.

The road was constructed between 1970 and 1980 and encroaches the property by 1228m². Brawn said that as a result of the encroachment, he was unable to market and sell the full extent of the property.

According to court documents, Brawn and his predecessors in title protested against the encroachment on a number of occasions and have demanded the restoration of the property without avail.

Gregory Parker, a director at Greyvensteins Nortier, who is handling the case, said Brawn was entitled to a court order directing the municipality or the premier to re-route that portion of the road and to restore the full extent of the property at their expense.

In the event that the court does not restore Brawn‘s possession of the property, he will claim damages of R1,2-million.

In Parker‘s affidavit, he said R1,2-million was the fair and reasonable market value of that portion of the property.

The premier has 10 days to give notice on whether she will defend the matter.

Source: The Herald