The Western Cape High Court has overturned municipal approvals for a controversial function venue in a case involving Mocke Investments (Pty) Ltd, Drakenstein Municipality and Wildepaardejacht (Pty) Ltd.
The judgment, issued by Acting Judge P Farlam, centres on the servitude rights and the implications of municipal land use approvals granted for the establishment of holiday cottages and a function venue on Wildepaardejacht Farm.
This case began in 2017, when the Mocke couple relocated from Pretoria to the picturesque Winelands, purchasing a working farm near Paarl. Unbeknown to them, their home would soon be at the centre of a legal battle sparked by the approval of developments on a neighbouring property linked by a servitude road, which they believed would not disrupt their tranquillity.
The Mockes became increasingly alarmed as plans emerged to use their shared servitude road for a function venue that could accommodate up to 216 guests at a time. Initially, the Mockes sought to address their concerns after a series of municipal approvals in January 2021 that permitted Wildepaardejacht to proceed with its expansion plans. However, their appeal was dismissed in October of the same year, prompting them to take the matter to court.
The judgment delivered on 10 March 2025 reviewed the procedural fairness of the municipality's initial decision and the appeal process, concluding that the applicant had been denied adequate notification of the applications affecting their property.
The court found that the servitude, originally established in 2000, allowed access only for "invitees", raising questions about the expansive use proposed by Wildepaardejacht. Judge Farlam stipulated that any use beyond what could be classified as reasonable and civilised would be contrary to the established terms of the servitude road. The ruling effectively shut down the notion that a large volume of traffic generated by frequent events could be permissible under the servitude's original conditions.
A servitude right refers to a legal arrangement where one property owner is granted certain usage rights over another's property, typically for access purposes. In this case, the servitude allowed for reasonable access across the Mockes' property to reach Wildepaardejacht Farm.
Key to the judgment was the understanding of "invitees", which, the court determined, included those having a legal right to access the property, thereby permitting limited use for visitors of the Wildepaardejacht farm. However, the court underscored that the original municipal decision failed to consider the implications of increased traffic and the potential noise disturbances that would undoubtedly arise from hosting significant events.
Justice Farlam ultimately set aside the approvals for the function venue and ruled that the consents granted by the municipality were procedurally flawed. The court ordered the consent application to be reconsidered afresh by the municipality, stating that the flaws in the prior decision-making rendered it void.
While the Mockes achieved a substantial portion of their review, they did not receive all the interdictory relief they sought, leaving some paths open for renegotiation over property usage in the area.
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