The Mpumalanga High Court has granted an interim interdict against former Optimum Coal Mine general manager George Peter van der Merwe in an estate dispute that allegedly escalated to death threats.
The order restricts Van der Merwe from contacting or approaching his neighbours, Gerhard and Martina Kolesky, who alleged he subjected them to death threats and intimidation during a confrontation in January. The substantive application for a final interdict will be argued before the court on October 27.
The matter was heard on an urgent basis on Wednesday, following the filing of an application by the Koleskys on Tuesday.
In a founding affidavit, Gerhard Kolesky described an incident last Sunday evening, while he and his wife were walking in the Waterfront Estate.
He stated that Van der Merwe, who was accompanied by private security guards, approached them aggressively.
“He stated that ‘my family will be wiped from the earth’,” Kolesky declared under oath.
He further described the scene: “His own security guards were forced to restrain him repeatedly to prevent him from physically attacking us. It is evident that, had they not intervened, the situation would have escalated into direct violence. Even while being restrained, the respondent continued to shout threats and act aggressively.”
Kolesky’s affidavit argues that “The threats he issued remain real, present, and deeply alarming. They were not made in anger alone but were delivered with the confidence of someone who believes he has the means and opportunity to carry them out.”
The applicants’ filing included a supplementary affidavit that attached a City Press news article, that describes Van der Merwe as a “former Gupta associate” and details separate allegations related to business disputes.
In his answering affidavit, Van der Merwe vehemently denied the allegations. “I never threatened the applicants. Certainly, I never said I would kill them or have them killed,” he stated. He presented an alternative account of the encounter, claiming he was the one who felt threatened.
“I felt threatened by the first applicant, who was out to physically confront me. If it were not for my security guards, protecting me and removing me … matters would have escalated.” He confirmed his security guards intervened, stating: “My security guards immediately
intervened, and they held me back from the applicants.”
The court records reveal a prior legal history between the parties. In October 2024, Van der Merwe himself obtained an interim protection order from the Middelburg Magistrate’s Court against Gerhard Kolesky.
In that application, he alleged that Kolesky came to his home in the early hours of the morning, creating a fear for his family’s safety. That order was later settled and withdrawn by agreement in May 2025, with both parties agreeing to no further contact.
In the current high court application, Van der Merwe’s legal team raised a point in limine, arguing that the matter lacked the requisite urgency and that the proper forum was the magistrate’s court under the Protection from Harassment Act.
“The applicants have failed to demonstrate any urgency,” his affidavit contended, noting the application was filed a day and a half after the alleged incident.
The applicants argued that the nature of the threat and the respondent’s profile necessitated high court intervention. In his founding affidavit, Gerhard Kolesky concluded: “The harm facing my family and me is irreparable, irreversible, and incapable of being remedied by any subsequent order for damages. The nature of the harm is final and catastrophic.”
With the interim interdict now in force, Van der Merwe is subject to restrictions. These include prohibitions on assaulting, insulting, threatening, or harassing the applicants, and an order restraining him from being within 50 metres of them or their family members.
The matter has been set down for a full hearing on October 27, where both parties will have the opportunity to present expanded arguments and evidence for or against the granting of a final interdict.
The interim order will remain effective until that date, when a judge will determine whether the protections should be made permanent.
Visit SW YouTube Channel for our video content
