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You are at:Home»Uncategorized»Beach home demolition will go ahead – lawyer
Uncategorized

Beach home demolition will go ahead – lawyer

Grocott's MailBy Grocott's MailFebruary 24, 2014No Comments2 Mins Read
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Ndlambe municipality has denied reports that the demolition of Rhodes professor Matthew Lester's R8 million property in Kenton-on-Sea has been halted.

Ndlambe municipality has denied reports that the demolition of Rhodes professor Matthew Lester's R8 million property in Kenton-on-Sea has been halted.

The municipality's representative, attorney Brin Brody from Wheeldon, Rushmere and Cole Attorneys, today Monday 24 February, told Grocott's Mail the demolition would go ahead as planned.

"The process has not been stopped. Mr Lester has submitted a demolition plan to the municipality which needs to be approved before it can continue," Brody said.

"The issue is that he is on a dune and this means that special care needs to be taken when it is dismantled. One particular issue is how the rubble will be removed.

"He is trying to keep one part of the building and the municipality is considering the request by the end of this week. He still has to complete [the demolition]by the 5th of May."

Demolition of the former Rhodes tax professor's beach home started last week, six months after he lost his final court appeal.

In August 2013, Judge S A Majiedt in the Supreme Court of Appeal dismissed with costs Lester's appeal of a May 2012 judgment deeming his house to be in contravention of Section 21 of the National Building Regulations and Building Standards Act.

The case had begun 10 years previously. It included seven high court applications and entailed aspects of neighbour, public and administrative law.

Ndlambe Municipality and High Dune House (Pty) Ltd, the owners of a neighbouring property, applied for a demolishing order on Lester’s property on the grounds that it contravened building regulations, obstructed the view and affected privacy.

Lester, a professor of tax law, countered the claim, proposing the house instead be altered in accordance with submitted plans.
The case ended in the high court's ordering Lester to demolish his R8m property at his own expense within 180 days.

 

25/02/2014: This article has been edited to reflect that Lester is currently employed by Rhodes University and is not, as was previously reported, a former employee.

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