Court orders protesters to stop halting film crew
Group evict and initimidate British reality show members at resort
Protesters who this week forcibly evicted an international film crew of 48 people from the Fish Studios at the former Fish River resort have been interdicted from entering the resort or threatening, assaulting or intimidating staff or clients.
Court papers filed with the Makhanda high court suggest the protesters posed a serious threat to the Eastern Cape, which is becoming a major international and local film production destination.
MahalaX – the company that established Fish Studios at the resort earlier this year – sought the urgent interim interdict because it said the protesters’ ongoing intimidatory and threatening behaviour would prove disastrous for both the company and the region.
On Monday, about 30 protesters invaded the studio and evicted the international crew filming a British reality show at the stunning Sunshine Coast resort.
In a certificate of urgency filed in the Makhanda high court on Tuesday MahalaX’s counsel, advocate Mfundoluntu Somandi, said all employees had been forced to leave the premises.
The protesters’ occupation of the resort was causing “great financial loss, fear and extreme reputational harm”.
The Fish River Resort and surrounding land was earlier this year handed to successful land claimants, the Prudhoe community, and is being leased by the Prudhoe Trust to MahalaX.
MahalaX and the Eastern Cape Development Corporation are working together to position the province as a film destination of choice for local and international productions.
The Survivor SA series filmed its successful 2022 season at the resort.
But all that hangs in the balance because dozens of protesters – whose demands include being given jobs – are disrupting filming, reportedly costing the British company millions of rand.
MahalaX’s head of film and media, Schaik Hewitt, said in an affidavit the production cost its British client company about R13,000 a minute to film.
“The exact motive for these threats, protest action and intimidation is unknown, but appears to be aimed at forcing [MahalaX] to give jobs, contracts and/or tenders to a few individuals without following due process,” he said in the affidavit.
Hewitt said if they were unable to keep Fish Studios operational and attractive, it would cause “untold damage and loss”, and result in the entire community losing jobs, income, training and economic opportunities.
Hewitt said the new venture was already battling to meet its lease agreement with the Prudhoe Trust.
The 49-year lease includes a monthly rental and profit share to the trust which will go to the Prudhoe community.
But it seemed a small faction of the community wanted benefits for themselves; they were also demanding the resignation of community leader Gladman Tom.
Ironically, it was largely thanks to Tom that the land claim succeeded in the first place.
Tom, assisted by the Legal Resources Centre, relentlessly drove the process and later successfully sought an investor.
Community member Makhosonke Hlekani said they had decided to occupy the former resort because they felt excluded from the claim.
Hlekani accused Tom of acting as if he “got unlimited power over the land that does not belong to
him as an individual. He is acting like a dictator.
“This land belongs to the community.
“Even a spoon that is inside the resort belongs to us because this is our property.
“When we received the title for the land that our parents have been claiming, we discovered there was an investor already secured,” Hlekani said.
“The trust committee never told us there was a title issued for the land.
“We had to go to East London to get the title.”
Thembelani Dyibhishe said: “We have not been informed of any development processes around this resort.
“Decisions have been taken here without involving the community.”
Ngqushwa mayor Sanga Maneli visited the resort on Tuesday to address concerned community members.
A meeting was scheduled at a community hall in Prudhoe for Wednesday where Maneli, among other stakeholders, was scheduled to engage with the community.
Maneli told the Dispatch they had been invited by community members who were unhappy with processes pertaining to the Prudhoe land claim.
“They are apparently fighting for the inclusion of every community member,” Maneli said.
“We believe there should be an engagement over this issue.
“This area is one of the most beautiful in Ngqushwa.
“We would like to see them working together.”
Speaking to the Dispatch on Tuesday, Tom said he was in hospital in Gqeberha and was unable to comment on the allegations levelled against him.
Judge Mbulelo Jolwana interdicted the protesters from entering the resort, from intimidating or threatening its employees, guests or clients, or from in any way preventing them from doing their work.
He ordered the protesters to show cause by September 27 why the interim interdict should not be made final.