"The house is being demolished. There is no way around that," Professor Matthew Lester told Grocott's Mail as he spoke openly about his bitterness at the loss of his home and disruption to his life.
"The house is being demolished. There is no way around that," Professor Matthew Lester told Grocott's Mail as he spoke openly about his bitterness at the loss of his home and disruption to his life.
The demolition of his R8 million property in Kenton-on-Sea, was temporarily halted recently, due to the sensitive nature of the dune on which the house is built, according to Ndlambe municipality's legal representative, attorney Brin Brody of Wheeldon, Rushmere and Cole Attorneys.
"This means that special care needs to be taken when it is dismantled. One particular issue is how the rubble will be removed," said Brody.
Demolition of the 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.
Lester, who said he was currently living in a friend's home, has turned the lounge of his old home into a study so that he could continue his work. "Two-thirds of my property is unusable," said Lester
He said he had again tried, using the local architect, FD Theron, to reach a settlement with his neighbours, requesting that he be allowed to build a one storey home on the base of the demolished home, using the salvage of the old house.
"The height would be below the level of the previously approved plans of November 2004 (which my neighbours said in their court papers were acceptable)…The proposed house would not interfere with anyone's view but is still slightly above the Kenton height restriction," he said.
This request was in vain, he said.
The case, which has dragged on for 10 years, involved seven High Court applications.
"Both my parents died tired, confused and very unhappy over this matter. It was very distressing.
"The property is not for sale. So much for 'there is no right to a view.' If you have enough money to employ rafts of lawyers, there most certainly is," said Lester.
"The Kenton height restriction, introduced in 2004, is the only one of its kind in Ndlambe, in fact in RSA," he explained. "It has cost me millions and rendered similar undeveloped front row properties in Kenton worthless," he said.
According Lester, a Rhodes tax professor, the Kenton height restriction, "implemented after I was living in my new home, has rendered my property useless but for my day study and a place to park my boat. It's absurd, but true".
Brody told Grocott's Mail on Monday 24 February that 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."
"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."
Lester told Grocott's Mail that "despite what Advocate Izak Smuts may have convinced the Supreme Court of Appeal, I cannot move back to my old home. The bedrooms are zoned outbuildings. Despite the fact that many Kenton residents use a range of separate 'Granny flats' it is actually illegal to live in an outbuilding. I have been informed that I will be harassed again by the Kenton community if I use my bedrooms. I wonder if they will be this frivolous and attack the rest of Kenton for living in outbuildings next Christmas. I doubt it," he said.
Ndlambe Municipality and High Dune House (Pty) Ltd, the owners of a neighbouring property, applied for a demolition order on Lester’s property on the grounds that it contravened building regulations, obstructed the view and affected privacy.
Lester countered the claim, proposing the house instead be altered in accordance with submitted plans.
The case ended with Lester being ordered to demolish his R8 million property, at his own expense, within 180 days.
