Communities are feeling the pinch of the new
rules
The beach driving ban is taking its toll on the tourism industry and
government has come under pressure from various groups to re-look the
law.
The ban, which came into effect a year ago, specifies that anyone
caught driving a vehicle of any description on any beach faces a hefty
fine of up to R10 000 or the confiscation of their vehicle.
Groups opposing the ban include the SA Shore Angling Association
(SASAA) and the small community of Oyster Bay near Cape St Francis, who
brought an urgent court challenge to the beach ban. SASAA says the ban
prevents anglers from reaching prime fishing spots which need to be
accessed by 4x4s. It says the law, which aimed to protect the
environment, might inadvertently have the opposite effect as it could
result in accessible areas being subjected to over-fishing and depleted
of stocks.
It argues in terms of the Sea Shore Act only the minister of transport
and not the minister of environmental affairs, had the authority to
regulate the sea shore.
Henri Melville, chairman of SASAA, argues that Environmental Affairs
Minister Valli Moosa had also failed to follow proper procedures in
promulgating the regulations, thus rendering them null and void.
St Lucia is one popular tourist town that is being hard hit by the ban.
According to Lafras Uys of the Mtubatuba Beach Action Group,
residential bookings in the town have dropped by around 60%.
The socio-economic effects of the ban not only hit small business in
the area, but even fruit sellers and wood carvers are taking strain,
thanks to the decline of visitors to the area.
Uys and his group were successful in gaining an out-of-court settlement
in June this year, whereby they obtained temporary relief from the ban
until the end of September. The group has again brought an urgent
application in the Pretoria High Court to have the ban lifted, which
was heard on August 28 this year. Judgment has been reserved
indefinitely.
Uys says even if the organisation was to receive a temporary reprieve
from government, it would be too late for business in St Lucia to
recover significantly by the time South Africa goes on vacation.
These are just two actions by various bodies to get some reprieve from the ban, or have it annulled.
Neighbouring Cape Vidal and Sodwana, both known as excellent fishing
and diving locations, are also feeling the effects of the ban,
according to Uys.
Horst Kleinschmidt, deputy director deneral for the Department of
Environment and Tourism, says any town or body could apply to the
department to have certain coastal areas opened to traffic, but on a
strictly controlled basis. However, an impact study would have to
accompany the application stating how vehicles on the beach would
impact on the environment, he says.
According to Kleinschmidt, a study is currently being conducted on the
entire KwaZulu Natal coastline, the results of which would be available
by the end of the year.
Kleinschmidt closed by saying that a "regulated environment" was the major concept in finding a solution to the problem.
The ban came into place because of some reckless 4x4 owners who caused
damage to the coastline and its flora and fauna. Turtle eggs, for
instance, were crushed in their nests and numbers of the oyster catcher
bird were on the decline for the same reason.
Nature came out as the winner on that front, but in return, the
negative socio-economic effects the ban is having on areas such as
Kwa-Zulu Natal's North Coast is proving to be disastrous for some.
nWhat do you think? Should the total beach driving ban remain in place,
or should it be lifted, with stricter controls and limited access with
penalties to discourage those who abuse the system?
E-mail your comments to
or fax them to 011-633-2318.
