/ 4 February 2025

Developer withdraws huge lawsuit against Joburg activist and conservancy

11d6eb98 Kristin Kallesen Dsc2198 Scaled
Century Property Developments and Riversands Developments have withdrawn a lawsuit against Kristin Kallesen and her non-profit Greater Kyalami Conservancy for the income they have allegedly lost because of objections and appeals raised by her and Gekco against development approvals in and adjoining the conservancy.

A property developer has withdrawn a damages claim of nearly R200 million against a Johannesburg environmentalist and the conservancy she runs, which it had filed over objections to township applications it says delayed its projects.

Century Property Developments and subsidiary Riversands Developments had, in February 2021, sued Kristin Kallesen in her personal capacity, and the Greater Kyalami Conservancy (Gekco), which she chairs, for damages for alleged delays they say cost them R197 million.

The developer has withdrawn the lawsuit in what Kallesen said was a “classic example of a Slapp suit” (strategic litigation against public participation).

“These cases are intended to intimidate and, if successful, may silence activists, journalists and whistleblowers, for example, if not opposed,” she said.

Kallesen, on behalf of Gekco, had lodged objections to multiple township applications by Century for the Helderfontein Luxury Estate and Riversands Commercial Park, citing encroachment into wetlands and other environmental impacts. This was not only of the developments themselves but the proposed road infrastructure needed to service them.

Century and its subsidiary in turn sued Kallesen and the conservancy after they had received approvals for various applications in Helderfontein and Riversands. 

In the summons, the firms alleged that objections and appeals lodged by Gekco delayed the projects and were not valid because of a ruling made by the Municipal Planning Tribunal in 2019.

The companies claimed that Kallesen and Gekco had “abused” the statutory objection and public participation procedures because “frivolous and baseless” objections were filed against all the township applications by both defendants, none of which were upheld by the City of Johannesburg. 

This, they alleged, was to procure delays, prevent the firms from building on the properties and cause financial harm.

The defendants, similarly, for the same reason, “abused the statutory appeal procedure” provided for in the prevailing town planning legislation and had lodged several entirely unsubstantiated and mala fide appeals against the decisions of the municipality, by virtue of which such townships have been approved. 

“Not a single one of such appeals lodged by or on behalf of the defendants have been upheld by the municipal appeal tribunal,” the firms stated.

Kallesen approached the Centre for Environmental Rights, which had formed the Asina Loyiko campaign in response to the growing trend of Slapp suits. It introduced Gekco to public interest law firm Power & Associates, which took on Kallesen and Gekco’s case.

A few months after receiving the summons, Gekco, with the help of its legal team, decided to review the decision of the tribunal to declare the conservancy’s objections invalid. 

According to Kallesen, the Gekco committee believed this set a “dangerous precedent” for conservancies and residents’ associations and argued that the tribunal chair had made a decision that was procedurally flawed and prejudiced the conservancy.

“This review application proceeded slowly, mainly due to the failure of the City [of Johannesburg] to file the record on which they based the decision,” she said.

“Gekco’s legal team launched an application to compel the city to provide the record. This was granted and once the files were received, the review application was finalised and the matter was set down for a hearing.”

Despite filing a notice to oppose the application, both Century and the city failed to file a response until shortly before the matter was to be heard on an unopposed basis. The delayed filing meant that the matter had to be postponed. The city and the developers were ordered to pay costs. 

Gekco initiated discussions with the city, which ultimately led to a settlement in January last year. The agreement recognised that Gekco was entitled to take part in the city’s public participation mechanisms, such as those in place before the Municipal Planning Tribunal, and that Kallesen was entitled to represent Gekco in these forums in compliance with the applicable bylaws.

Kallensen said Century had made no efforts to pursue the matter since May 2021, when Gekco filed its plea. In addition to the agreement reached with the city, the constitutional court handed down a landmark judgment in November 2022, which recognised the Slapp defence in South Africa. 

All these factors meant the lawsuit had become moot. The matter was formally

withdrawn on 14 January, with the parties each paying their own costs.

Kallesen said Gekco’s members feel their demand for the right to freedom of expression, among others, had been vindicated. 

“This despite every effort of this and other property developers to silence and intimidate both the conservancy and our members. It is an unfortunate story about corporate bullying in South African society.”

She expressed gratitude for the assistance from Power & Associates and counsel members who assisted on a pro bono basis. 

“We have been blessed to witness firsthand the robust laws in place to protect individuals and communities who exercise their right to participate in public processes,” Kallesen added.

“These exist, not only in our Constitution, but because of the committed legal professionals who give their services to ensure infringements of these rights are opposed and justice is upheld.”

Mark Corbett, the chief executive of Century Property Development, said it has developed more Edge-certified development units than any other developer. Edge certification is a Green Building Council certification process for green buildings

“To achieve Edge certification, we have invested millions of rands to ensure that our developments, from construction to operation, maintain the lowest possible carbon footprint. A key priority remains the effective long-term sustainability of our developments.”

Corbett said there were two court cases, one in which Gekco was “seeking to invalidate by way of a review application, all the Riversands and Helderfontein approvals”. The second was a damages claim against, among others, Kallesen because “she was operating beyond Gekco’s constitution, jurisdiction and/or authorisation”.

“We did not progress the damages claim as we were engaged in negotiations between the various legal representatives from the council, Gekco and ourselves. A settlement was subsequently reached between the council and Gekco, resulting in the review application to set aside all the Riversands and Helderfontein approvals being withdrawn by Gekco, with each party paying its own costs.

He said it was always the objective to “find common ground where we could work together, rather than Gekco objecting to each and every development”, followed by an appeal and “thereafter submitting a review application to the high court in an attempt to prevent all development in the area in question”.

Corbett said the Parks Estate in Riversands, “which Gekco objected to and appealed”, is today “the largest Edge-Certified development in South Africa and provides affordable rental accommodation to thousands of families, many of whom previously lived in Diepsloot”.

On completion of Helderfontein, the VAT revenue to the government will exceed R450 million, he said. “The thousands of jobs created, property rates and taxes, and transfer duties paid to the government all contribute to economic growth.

“Riversands and Helderfontein support a diverse mix of social housing, affordable rental accommodation, quality private and government schools and high-end estates.”

Kallesen, however, emphasised Gekco’s objections related to encroachments into the wetlands and buffer zones, densities and environmental impacts. Gekco has not objected to all development in the area, she said.

She said Corbett had provided a misrepresentation of the proceedings. “The review application was launched after we received the Slapp suit and it sought to ensure that objections raised by Gekco are treated in a procedurally fair manner by the planning tribunal.”

It was settled when the City of Johannesburg recognised Gekco’s legal standing. “It had no effect on the developments of Riversands and Helderfontein, which were already approved when Century Property Developments sued Gekco in February 2021, and which have been under construction over the past few years.

“Gekco continues to advocate for sustainable environmental practices within legally permissible bounds and has previously noted its willingness to build a cooperative relationship with property developers, which still stands.”