Barnett v Minister of Land Affairs and Others

Sixteen appellants, mainly well‑resourced farmers and businessmen residing in KwaZulu‑Natal, occupied sites and built holiday cottages on the Transkei Wild Coast from about mid‑1994. The land lay within one kilometre of the high‑water mark and formed part of unsurveyed State land. The appellants obtained purported permission from local traditional authorities (a headman, chief and tribal authority), paid customary fees, and in some instances paid local taxes. They did not obtain permits from the competent governmental authorities. The national and provincial government sought their eviction and the demolition of all structures, relying primarily on Decree 9 of 1992 (Environmental Conservation) of the former Transkei, which established a coastal conservation area prohibiting development without a permit, and alternatively on the common‑law remedy against unlawful occupation of State land. The High Court granted eviction and demolition orders. The appellants appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs. The eviction order and directive that the appellants demolish and remove all structures, failing which the Government could do so at their expense, were confirmed.

The case is significant for clarifying the doctrine of continuous wrong in the context of prescription, confirming the continued force of Transkei environmental legislation post‑1994, and reinforcing State control over environmentally sensitive coastal land. It underscores that informal or traditional permissions cannot override statutory land‑use controls and affirms strict enforcement of coastal conservation laws.