Judgment in the interdict application was handed down by Judge Victor at the High Court, Johannesburg.
We are happy to inform you that Judge Victor has made an order in the Black Eagle Project Roodekrans favour and has ordered that the Developer be interdicted from commencing or continuing with the construction on the remainder of portion 2 . She has also interdicted them from transferring or alienating the properties pending the outcome of the review application.
It is noted that Judge Victor placed a lot of emphasis and was guided by the principles in section 2 of NEMA, especially the precautionary principle, as well as section 24 of NEMA. She also noted that case management is necessary in bringing the main review to finality. Application will be made to the Deputy Judge President who will assign a judge to assist with the management of the main review. This will involve the parties to the proceedings agreeing to timelines for the filing of any further affidavits, the preparation of heads of argument and dates for the hearing of the main review.
Judge Victor handed down the judgment orally as it was quite long and has informed us that the judgment will be typed out. We will forward a copy of the judgment as soon as we receive it.
Should you have any queries or concerns please do not hesitate to contact us.
Kind regards
Black Eagle Project Roodekrans