The Democratic Alliance (DA) has lodged a formal legal objection to a proposed RDP housing development in De Aar and is calling for the immediate suspension of all activities, a fully compliant Environmental Impact Assessment (EIA), and the enforcement of a one kilometre ecological buffer.
The objection relates to a portion of Erf 635 and Erf 3726, Van der Merwe Street, where the proposed development is situated approximately 150 metres from a long-established Verreaux’s Eagle breeding site active for over 30 years.
Beyond environmental concerns, the site presents serious public safety risks, including an unsecured open gravel pit posing a potential drowning hazard, particularly to children. No mitigation measures have been communicated to the community.
The Verreaux’s Eagle (Aquila verreauxii) is a protected and endangered species.
In terms of the National Environmental Management Act and the National Environmental Management Biodiversity Act, any disturbance to protected species or their habitat without proper authorisation may constitute a breach of environmental law, exposing the municipality and contractors to serious legal consequences, including potential criminal liability.
Established conservation guidelines, including those of BirdLife South Africa, require a minimum 1 km no-go buffer zone around active nesting sites. The proposed development, at just 150 metres, falls far short of this standard and presents a direct threat to the species’ survival.
The DA is further concerned that there is no evidence of a lawful and comprehensive Environmental Impact Assessment (EIA), including a specialist avifaunal study and proper public participation. Proceeding without these requirements would render the process procedurally flawed and open to legal challenge.
The DA therefore calls on the Emthanjeni Municipality and all relevant authorities to:
• Immediately halt all planning and development activities;
• Enforce a minimum 1 km ecological buffer around the nesting site;
• Ensure full compliance with environmental legislation, including a lawful EIA process;
• Commission an independent specialist biodiversity and avifaunal assessment;
• Secure the open gravel pit and address all public safety risks; and
• Conduct transparent and meaningful public participation
Protecting endangered species, safeguarding communities, and upholding proper governance are not optional, they form part of Emthanjeni’s legal and moral obligations.