Kouga Local Municipality says it did not ask The Backyard in Jeffreys Bay to close. The clarification follows a recent Facebook post about the venue’s closure.

Executive Mayor Hattingh Bornman said the municipality would prefer to see the business continue operating while the current legal processes are addressed and workable solutions are explored.

“We encourage the establishment to continue operating while the current legal processes are addressed and until workable solutions can be found,” he said.

The Backyard has provided jobs and given residents and visitors a place to enjoy food, entertainment and live music. Bornman acknowledged that a closure would affect its owners, employees, suppliers and the wider community.

Land-Use Rules Still Apply

The municipality said property owners must ensure their buildings and the way they use their properties comply with the relevant laws and municipal by-laws.

Changes to land-use rights must go through a formal application process. The municipality cannot generally change a property’s zoning on its own. Kouga’s planning department identifies its 2016 Spatial Planning and Land Use Management By-law and the national Act as part of the framework governing land use.

Owners must also submit complete and correct information with their applications. According to the municipality, missing or incorrect details can delay an application, cause it to lapse or lead to its refusal. Where land-use rights conflict or lack approval, owners may need to take steps to regularise them.

Mayor Wants a Workable Way Forward

Bornman said the municipality must enforce the applicable rules, but remains willing to engage with businesses facing challenges.

“Our preference is to find a way forward that allows The Backyard to continue operating, where this can be achieved within the applicable legal and regulatory framework,” he said.

For now, the municipality’s position is clear: it says it did not order the venue to close and wants to work towards a lawful solution.

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