The 879-hectare area surrounding the Berg River Dam in Franschhoek recently leased to the Berg River Dam Adventure Tourism Company (BRDATC) for outdoor recreational use has raised concerns among local communities. It is alleged that two non-governmental organisations (NGOs) and a local trust were not included in the decision-making process for the lease, although the Department of Water and Sanitation (DWS) maintains that all procedures were properly followed.
Ashley Malgas, secretary of two Franschhoek-based NGOs, said he is dissatisfied that the Franschhoek Informal Small Business Association (FISBA) and the Franschhoek Rural Development Forum (FRDF), both referenced in the Berg River Dam Resource Management Plan (BRDRMP), were not consulted prior to the lease being issued to BRDATC.
What is the BRDRMP?
The Department of Water and Sanitation’s BRDRMP is a long-term framework outlining how the dam and its surrounding land will be protected, developed and managed. Designed to balance environmental conservation with responsible recreational use, the plan introduces formal governance structures, zoning, safety controls and clear guidelines for activities such as hiking, cycling and organised events.
READ: Berg River Dam site leased for outdoor recreational development
It prioritises the dam’s primary function as a key water source for the Western Cape while promoting tourism growth and ensuring local communities gain fair access and economic opportunities.
The NGO’s complaint
According to Malgas, FISBA and the FRDF were incorporated into the BRDRMP and its proposed Dam Management Committee (DMC) in 2017, with the DWS designated as chair. The BRDRMP, according to Wisane Mavasa, national spokesperson for the DWS, states that “the BRDRMP will be constituted to assist with the coordinated management of the dam and surrounding state land”.
Malgas argues that FISBA and the FRDF should therefore have been consulted before the lease was awarded to BRDATC, but that the organisations were not engaged in the process. He further claims that commitments were made to the La Motte Trust regarding its inclusion in the BRDRMP, which have also not been fulfilled. He therefore argues that the DWS broke their promise to the NGO’s and the trust by not including them in the decision-making process.
DWS response
In response, Mavasa explained that the BRDRMP “has not yet been fully implemented, and consequently, the DMC has not been formally established due to historical capacity issues. As a result, the two NGO’s currently do not have an operational role in the management of the Berg River Dam or in relation to the lease issued to BRDATC”.
She added that “the allocation of state land and the conclusion of lease agreements remain the sole responsibility of the DWS. Once a DMC is formally established, the NGO’s, together with other relevant stakeholders, may form part of a multi-stakeholder structure that assists with the management of the state land and water surface. The DMC will be chaired by the DWS, which will remain the principal author”.
Mavasa further stated that the allocation of state land and the conclusion of lease agreements fall exclusively within the mandate of the DWS, and the department is therefore not “legally required” to consult NGO’s during the lease allocation process, “particularly in cases where a DMC has not yet been established”.
Other concern
Another concern the public raised, particularly during a public meeting in Franschhoek in November, is that the lease to the BRDATC did not go through a public participation process (PPP). The reason therefore, Mavasa said, was that the DWS has a formal Land Lease Policy (LLP), and the BRDATC “complied fully with the prescribed procedures contained within this policy”.
“A PPP is not a mandatory requirement for the allocation of state land under the LLP. Furthermore, section 113 of the National Water Act, 36 of 1998, empowers the DWS minister or another delegated authority to make decisions regarding the use of state land. Accordingly, the lease was processed in line with the applicable legislative and policy framework.”
Mavasa confirmed that the lease issued to the BRDATC remains valid for a period of nine years and 11 months, and is not subject to automatic renewal.
“Upon expiry, the lessee is required to submit a new application should they wish to continue occupying the land. The application will be evaluated by the department’s Land Lease Committee, after which a delegated authority will make a determination on whether a new lease may be concluded.”
Arc of Franschhoek
Reghard Goussard, director of the BRDATC, confirmed that upgrades to the area are still underway. The development around the Berg River Dam, branded as ARC of Franschhoek, currently includes:
- A live website and social media platforms, supported by an active online ticketing system (with options of day, weekly or annual passes);
- Secured gates and fully operational CCTV with a direct link to armed response;
- Staff stationed at the gates, parking areas and in the field, providing security, trail maintenance and early fire detection;
- Implemented access control and indemnity measures to ensure public liability compliance;
- A secured and monitored parking area;
- On-site ablution facilities;
- Replacement of old signs, gates, rusted posts and fencing with new or recycled structures;
- Clearing of all rubbish and former dumping sites;
- Installed directional signage guiding visitors to the designated entrance;
- A Dog Stick Library for visitors with pets; and
- Recycled trail signage on all open trails.
