The entrance to the illegally constructed Goats Window Luxury Safari Lodge in the foothills of the Riviersonderend mountains near Bonnievale. Photos: John Yeld
- Developers of a luxury lodge near Bonnievale in the Western Cape have been fined R15-million for illegal construction in a protected area.
- Goats Window luxury safari lodge built 23 tourism units without environmental authorisation and cleared more than 4,000m2 of endangered renosterveld.
- The developer continued construction in spite of a municipal cease-work order and an environmental notice.
- Developer VEA Group Holdings pleaded guilty in the Bonnievale Regional Court to environmental offences.
The South African subsidiary of a global business conglomerate has been fined R15-million for developing a luxury tourism lodge in the Cape Winelands without the required environmental authorisation.
In a plea and sentence deal with the National Prosecuting Authority, R10-million of that amount is suspended for five years, while R5-million is payable in five R1-million instalments to non-profit conservation group Stop Rhino Poaching, which funds anti-poaching rangers and security in reserves around the country.
The plea deal was drawn up under the Criminal Procedure Act between the NPA and the developer, VEA Group Holdings (Pty) Ltd, represented in legal proceedings by one of its directors, Regardt Scheepers.
The development, marketed as Goats Window luxury safari lodge, consists of 23 units already built on Brakkefontein, a goat stud farm 11km south of Bonnievale in the foothills of the Riviersonderend mountains. These include three directors’ units, two lodge units, ten “glamping” pods, four lapa units, access roads, parking and associated infrastructure.
The developer also paid a further R1.75-million administrative fine to initiate a formal application to the national Department of Forestry, Fisheries and the Environment (DFFE) for retrospective approval for the illegal construction.
Flouting the law
Construction of the lodge started in early June 2024 and immediately triggered several “listed activities” under the National Environmental Management Act (NEMA) and the National Heritage Resources Act.
Listed activities are those that may result in environmental damage or degradation and must be properly assessed before the required environmental authorisation may be granted for the project.
Two such listed activities formed the basis of the charges against the VEA Group:
- The lodge lies within the Riviersonderend Mountain Catchment Area, which is a declared protected area in terms of the National Environmental Management: Protected Areas Act. Any tourism or hospitality resort or facility sleeping 15 people or more within such an area in the Western Cape requires environmental authorisation.
- An area of 4,181m2 of endangered indigenous vegetation (Breede Shale renosterveld) was cleared for the development. Any clearing of more than 300m2 of natural vegetation in an endangered ecosystem requires prior environmental authorisation.
The plea and sentence agreement was finalised in the Bonnievale Regional Court on 16 October where the developer pleaded guilty to two counts that were taken together for the purpose of sentence.
Aggravating factors
According to the plea bargain documentation, the developer did not immediately stop work on the project when it was served notice in terms of NEMA by DFFE, and it also ignored a “cease work” order from the Langeberg Local Municipality.
The developer admitted in its guilty plea that its employees had started work on the development on 6 June 2024 and had completed the development by 3 April 2025.
The VEA Group was fully aware that the development was illegal by 2 December 2024, when farm manager William Smit signed a Specialist Declaration form for retrospective application assessments. He stated that Enviroworks, an independent environmental assessment practitioner, had been appointed to lead the process.
As part of statutory public participation, Enviroworks produced a background information document in January 2025, explaining the application “for the regularisation of the illegal activity already undertaken on Brakkefontein”.
The plea agreement document sets out the factors considered relevant to determining the quantum of the imposed fines. General aggravating factors included that the offences were not isolated or momentary but had occurred over an extended period, it states. “During this time, the accused persisted in conducting a listed activity without the requisite environmental authorisation, demonstrating a sustained disregard for the environmental regulatory framework established under NEMA.”
Another factor was that the Riviersonderend Mountain Catchment Area is an area of recognised environmental sensitivity and strategic importance for water security.
“The unauthorised development within this catchment area posed a real risk of irreversible environmental harm and undermined the purpose of environmental authorisation processes, which are specifically designed to prevent such impacts.”
A third factor, the unlawful clearing of indigenous vegetation, was “not minor or trivial in extent” and had resulted in the permanent disturbance of natural habitat.
“Indigenous vegetation plays a vital ecological role … Its removal represents a material and tangible degradation of the natural environment. The accused’s conduct therefore caused harm in an area where environmental protection is of the highest priority.”
Also, the unlawful activity had been undertaken for commercial gain, and the VEA Group had not immediately ceased operation of the tourist facilities on receiving a NEMA directive from DFFE.
“The accused stood to derive financial benefit from the unlawful development while externalising the environmental costs to the public and future generations. This commercial motive distinguishes the matter from inadvertent or subsistence-related environmental transgressions.”
Some of the 23 buildings put up as part of the Goats Window luxury lodge complex without environmental authorisation.
Mitigation
Mitigating circumstances in determining the fine included that the accused had no previous convictions, had pleaded guilty and had shown remorse.
“Its plea of guilty has brought to a conclusion the investigation and prosecution which have been ongoing since January 2025. It has spared the court and the state the expense and inconvenience of a protracted trial.”
“The accused took responsibility for its actions and is [now] making every effort to bring the development into compliance with the NEMA regulatory system.
“The development of tourism facilities on the farm created job opportunities, thus improving the lives of local communities in the area. It also contributes to skills development through the training of staff in hospitality and customer service.”
The fact that the South African portfolio of the VEA Group had paid some R200-million in taxes each year was a further mitigating factor.
“No irreversible environmental degradation has presently been identified by the available specialist reports … The accused co-operated with the investigators and the prosecuting authorities and admitted its wrongdoing from the outset.”
Objections
Four appellants – two local landowners, an independent environmental consultant representing an anonymous objector, and Langeberg Local Municipality – appealed the amount of the fine. One of their arguments was that it was too lenient in the circumstances.
In its application, the VEA Group stated that the expected capital value of the lodge on completion was R50-million and that the facility would generate an expected annual income or contribution to the economy of R12-million.
The appeals were dismissed by DFFE. DFFE spokesperson Evile Ntshangase told GroundUp that this was the first case in which the department had been involved where a conviction and sentence under NEMA had included a court-ordered payment to Stop Rhino Poaching.
“We are aware of other cases in which similar payments have been ordered. However, those matters involved contraventions of biodiversity-related legislation, whereas the VEA Group matter relates to contraventions of the Environmental Impact Assessment Regulations promulgated under NEMA.”
The department welcomed the conviction and sentence, she said.
“This outcome reinforces the legal obligation on developers to obtain the necessary environmental authorisation before commencing any development activities requiring such authorisation, and underscores the consequences of failing to comply with the requirements of environmental legislation.”
Flagship estate
On its website, the VEA Group refers to Goats Window luxury safari lodge as its “flagship estate” and describes it as a “secret escape in the hills of Bonnievale that blends refined architecture, immersive wildlife encounters and regenerative living … Luxury. Legacy. Wild Harmony. At Goats Window, you don’t just stay, you arrive into a living story. One where champion stud goats graze on golden hills, wildlife roams freely and eco-luxury lodges offer front-row seats to nature’s masterpiece. This is where South Africa’s untamed soul meets soft sheets, quiet firelight and immersive calm.”
Currently, there is a note posted on the website that reads: “Goat’s Window luxury safari lodge is temporarily closed until further notice … Thank you for your understanding.”