A high court legal battle could determine the future of a coastal home caring for some of the Eastern Cape’s most vulnerable children after a local property trust launched a bid to overturn municipal approvals that allow the facility to operate.
The trustees of the Yellow Sands Property Trust have approached the Makhanda high court seeking to have set aside planning decisions that enabled the iThemba Home, near Kwelera, to operate as a residential care facility for abused and abandoned children with complex medical needs.
At the centre of the dispute is the rezoning of Portion 21 of Farm 724 — a 9ha coastal property overlooking the Indian Ocean — from agricultural to institutional use.
The trust argues that the property lacks suitable infrastructure and lawful access to support an institutional development, while the operators of iThemba Home insist they have complied with every legal requirement and that the challenge threatens the welfare of children who have nowhere else to go.
The application pits trustees Jason Leppan, Aiden Leppan, Fay Watson and David Leppan against the Great Kei Municipality and property owners Sibusiso and Dr Ranjana Gigi, founder of the Swiss Board of Aid NPO and iThemba Home.
In court papers, the trust seeks to overturn a September 2025 decision by the Great Kei Municipal Planning Tribunal that rezoned the property, as well as a February 2026 ruling by the Municipal Appeal Tribunal that dismissed the trust’s appeal.
If successful, the application would effectively restore the property’s agricultural zoning and jeopardise the continued operation of the home.
Jason Leppan argues in his affidavit that the property can only be accessed through a gravel road servitude established in 1951 and maintained by neighbouring landowners. The trust contends that directing traffic associated with an institutional facility onto a privately maintained farm road is unsustainable and legally flawed.
When approached for comment, he declined to discuss the matter, citing the ongoing legal proceedings.
“As the matter is presently before the high court, I have been advised not to comment directly at this stage,” he said. He referred all media queries to his attorney, but no response was received at the time of publishing.
The municipality also did not respond to queries sent last Monday.
However, Ranjana Gigi maintains that the NPO followed all required planning processes over a four-year period and addressed concerns raised during public participation.
“We have followed every procedure in the book,” said Gigi.
She said the original application was submitted in 2021 and underwent multiple rounds of public consultation, including newspaper advertisements, on-site notices and notifications to neighbouring property owners.
She said objections only emerged later, mainly from the Yellow Sands Property Trust.
She also disputed concerns regarding access and services, saying the facility was designed to operate completely off the grid and that a surveyor-general had confirmed the access route as a public road.
The home currently provides specialised care for six children with severe disabilities and medical needs and employs 13 vetted staff members.
Gigi said all employees underwent police clearance, sex offender screening and background checks.
Most visitors to the facility were trained professionals, including social workers and speech therapists, and trained volunteers.
“We have children with disabilities and only one child can walk,” she said.
“We created this home because there is a huge need for abused and abandoned children who require ongoing medical care.”
She said rumours had circulated within the community that with more people coming into the area due to the orphanage, it could lead to an increase in crime, which she believed had contributed to the resistance to the project.
“But we have children with disabilities and they can’t walk — only one child can walk.”
She said employees were transported to the facility through a contracted service provided by the local taxi association.
“We have designated drivers whose vehicle registration details are on record. Replacement drivers must also be approved.
“Drivers do not simply arrive at the farm unannounced, and they are dropped off directly at the house.
“The farm is completely fenced and CCTV monitored to keep the children safe.”
Sibusiso Gigi said the peaceful coastal environment was chosen to help children recover from trauma and experience a better quality of life.
“Without this home they will not have anywhere else to go because most of these kids are victims of abuse and they can’t go back to the families who abused them,” he said.
The Makhanda high court has directed the Great Kei Municipality, its Planning Tribunal and Appeal Tribunal to provide the full record and reasons for their decisions within 15 days should they decide to oppose the review application.
