Freedom challenge 2013 route access issues

[Ketoorskop]

have to agree here.

 

But did they do the same last year ? Did the ride not go over the same land ? How was it dealt with last year ?

 

Am I correct in saying then Ketoorskop, that you have no objection to them being there for the race, but you would like them to ask permission ?

This should sum up the entire thing (sign on the gate):

 

[sorry, tried to get a picture of the sign on the gate in, but can't seem to get it right]

Basically says:

"Boplaas

Gamkaskloof

Boplaas Guest Cottages

Private Property

Access only by prior arrangement

Bookings can be made through our website: www.diehel.co.za"

Edited June 27, 2013 by Ketoorskop

[Mike Woolnough]

If there is a legitimate public right of way then permission does not need to be sought. The problem is the manner in which the law operates. Ask permission and you undermine your legal assertion of your right. This may well be a good case to test the robustness of South African law in respect of public right of way. If the land owners believe they can Legally refuse access then they should mount a legal challenge. Win or lose the matter is settled.

[Seepglad]

ketoors run 'n besighyt, smaak my hy soek kliente.... ketoors, is jy al genader om 'n overnightstop te raak?

[Ketoorskop]

If there is a legitimate public right of way then permission does not need to be sought. The problem is the manner in which the law operates. Ask permission and you undermine your legal assertion of your right. This may well be a good case to test the robustness of South African law in respect of public right of way. If the land owners believe they can Legally refuse access then they should mount a legal challenge. Win or lose the matter is settled.

Why would the landowner need to defend his right to permission from an outside party. I'm sure the organisation makes enough money to do these things without forcing individuals with limited resources to footing the bill.

Nice example in the news today: "The turnover now for the race is about R50m" - CEO, Kevin Vermaak.

Sounds like nothing more than a money-making racket to me...

[MTBeer]

Why would the landowner need to defend his right to permission from an outside party. I'm sure the organisation makes enough money to do these things without forcing individuals with limited resources to footing the bill.

Nice example in the news today: "The turnover now for the race is about R50m" - CEO, Kevin Vermaak.

Sounds like nothing more than a money-making racket to me...

don't get your facts mixed up. you were making some good points. the Cape Epic @ R50m is way out of the league of the Freedom Challenge. FC has no title sponsors, no TV rights etc.

[MTBeer]

ketoors run 'n besighyt, smaak my hy soek kliente.... ketoors, is jy al genader om 'n overnightstop te raak?

exactly ketoors. why don't you approach the FC organisers and become a part of a great event. you will find the type of people doing the FC are the types you will welcome on your land with open arms. they will enrich your life as much as you will their's.

[Mike Woolnough]

Why would the landowner need to defend his right to permission from an outside party. I'm sure the organisation makes enough money to do these things without forcing individuals with limited resources to footing the bill.

Nice example in the news today: "The turnover now for the race is about R50m" - CEO, Kevin Vermaak.

Sounds like nothing more than a money-making racket to me...

Don't confuse the Epic with the Freedom Challenge. Kevin Vermaak runs a profitable business. Freedom Challenge trades in pennies by comparison.

 

It's a pity the access issue has got to this point. This is one of the most beautiful sections of the race and riders want nothing more than to pass through quietly leaving nothing but tyre tracks and footprints. It's not like they are coming through in their hundreds. 50 racers a year and a few dozen others throughout the year.

Edited June 27, 2013 by ztangi

[Ketoorskop]

don't get your facts mixed up. you were making some good points. the Cape Epic @ R50m is way out of the league of the Freedom Challenge. FC has no title sponsors, no TV rights etc.

I don't know the difference in scale. All I know is that on the FC website there are sponsors logos and it costs quite a bit to take part in the FC. That aside I myself sympathise with individuals who want to enjoy that type of nature as much as we do, but the actions of the organisers don't help matters.

Anyway, thanks for all the chatter, but I reckon I should get some work done before the day is out!

[Kranky]

Freedom Challenge Facebook account: https://www.facebook.com/permalink.php?story_fbid=538848149508916&id=172756652784736

 

"PUBLIC ACCESS TO THE LADDER

 

On Wednesday the 26th June 2013 two functionaries of the Freedom Challenge, David Waddilove and Johan Rissik, were “arrested” in the Gamkaskloof for attempting to access the historical route known as The Ladder.

 

The Ladder is an old footpath that links the western section of Gamkaskloof with nearby Vleiland. It was used by people living in the kloof to send their goods to market and by members of the public and government officials visiting the kloof. It has been used for the last ten years by mountain bikers riding from Prince Albert via Gamkaskloof towards Cape Town in the annual Freedom Challenge Race across South Africa, as well as riders touring on the same route.

 

For approximately 5 years the Freedom Challenge has been in a dispute with the landowners at both the bottom and the top of The Ladder about the nature and extent of any right of way. The Freedom Challenge maintains that a public right of way exists. The position of the Freedom Challenge, that this is a public right of way, has been supported by legal opinion. The landowners maintain that it does not, that it is private property and that their permission to traverse is required.

Various lawyers’ letters have been exchanged. Attempts at compromise have proved unsuccessful and an impasse has developed.

 

A few days ago, with the first riders in the 2013 Freedom Challenge Race Across South Africa approaching Gamkaskloof, the Freedom Challenge Race office was informed that the landowners at the base of The Ladder had taken the law into their own hands and had unlawfully erected an electrified fence preventing access to The Ladder and had barricaded access up The Ladder with razor wire.

 

The Freedom Challenge obtained advice from Senior Counsel confirming that the actions of the landowners were unlawful and that the Freedom Challenge and riders participating in the event could adopt such measures as would be reasonably necessary to access the public right of way.

 

On Wednesday 26th June 2013, after a meeting with the Prince Albert SAPS, Waddilove and Rissik went through the Kloof ahead of the first riders. They were met at the fence by representatives of the landowner who refused to unlock the gate. They managed to find a route past the fence and then collected their bicycles and passed them under the fence. The two then rode further along the track towards the base of The Ladder. The progress of Waddilove was then impeded by one of the landowner representatives who proported to “arrest “ him for trespassing. In the meantime Rissik proceeded to the base of The Ladder where he encountered razor wire which he cut. He then returned to where Waddilove was and was also “arrested”. After being held against their will for 5 hours, Waddilove and Rissik were summarily informed that they were released and could leave. Rissik returned to Prince Albert while Waddilove continued forward to take on the steep ascent up Ladder before cycling on to Vleiland.

 

The Freedom Challenge wishes to state that we find the most recent developments most unfortunate, however:

1. the route up The Ladder is an historical right of way to which members of the public have access;

2. the landowners’ endeavor to restrict public access by mountain bikers and hikers along this route is unlawful;

3. the landowners’ recent attempt to take the law into their own hands and physically prevent access is highly inappropriate;

4. in the absence of a court order, the Freedom Challenge will continue to assert the public’s right to utilize this route. In doing so we will urge riders to be considerate towards the landowners’ and their privacy;

5. it remains our wish that a sustainable solution be found."

[Jo_Fo]

Took this photo whilst participating in the 2012 race. Whilst us riders appreciated the 'grace' afforded us last year - we have seen first hand Mr Waddilove's positive impact and affinity for the land owners across the 2400km trail. Lets hope we can get past the clearly personal conflict here, and move forward to a fact/legal based conclusion.

[straatvark]

I wonder if their was any communication between the two parties before the 2013 event - surely someone wont blatantly deny access for the event? One must ask the question - what went wrong in this stretch of land compared to the other 2400km?

 

It is clear both parties was prepared though ...praat manne.

[Shebeen]

Why would the landowner need to defend his right to permission from an outside party. I'm sure the organisation makes enough money to do these things without forcing individuals with limited resources to footing the bill.

Nice example in the news today: "The turnover now for the race is about R50m" - CEO, Kevin Vermaak.

Sounds like nothing more than a money-making racket to me...

You are grossly misinformed, it's very much a non profit. Please donate R500 to the FCSF* and we will overlook it.

 

*Freedom Challenge Scholarship Fund..http://allensharp1.wix.com/fcsf#!what-we-do

[Shebeen]

This should sum up the entire thing (sign on the gate):

 

[sorry, tried to get a picture of the sign on the gate in, but can't seem to get it right]

Basically says:

"Boplaas

Gamkaskloof

Boplaas Guest Cottages

Private Property

Access only by prior arrangement

Bookings can be made through our website: www.diehel.co.za"

think this is what you're looking for:

 

http://www.diehel.co.za/wp-content/uploads/sign.jpghttp://www.diehel.co.za/wp-content/uploads/sign.jpg

[hillbilly]

The route up The Ladder is an historic route that has been used for many generations. The landowners'website confirms this:

All produce from farming had to be carried out on pack donkeys via a few routes and even up the now famous ladder route;

http://www.diehel.co.za/overview/

 

The law relating to historical rights of way is clearly set out in a recent judgment in the Western Cape:

http://www.saflii.org/za/cases/ZAWCHC/2012/50.html

 

From the judgment it is clear that the public right of way exists completely independently of any proclaimed road.

 

As The Ladder is a public right of way the permission of landowners is not required.

 

I understand that a number of the farmers of the area are also aggrieved by the attempts of the landowners to restrict access and have expressed their support of the Freedom Challenge in asserting this right..

 

All over the country these public rights of way are being unlawfully closed off. The question really is what is the role of members of this forum in protecting these public rights of way?

[V12man]

How about a public online petition guys? This will show cyclists support for public access to the route - we did it for thw entry fees to suikerbosrand, and we can do it here?

[tubed]

The post above by hillbilly makes a lot of sense and sets out clearly the correct legal position as put forward by all those seeking an acknowledgement by the owners on either side of the Leer of the publics right to traverse this land. - something I have yet to see the owners actually dispute.

 

Ketoorskop - as one of the consortium of landowners you have voluntarily waded into this argument and have relied thus far on the sympathy argument that you bought the land and own the access road, what you have not clarified is your position on the public's historical right of access to this entry/ exit point which necessitates their reasonable traverse across your land with or without your permission.

 

You seem to have gone considerably further last night in your alleged actions and your intent by barring access to the Leer, I am not sure if someone did ask you permission, would you have removed the razor wire?.

 

So I ask you please simply clarify if you recognise the public's historical right to enter and access the kloof?

 

I am afraid I don't think you can keep silent on this matter any longer.