R54m building for Chapman's Peak

[Lisbeth]

Why is the Premier fixing the MEC's mess? And why wasn't this spin done before a march was necessary?

"CPD is within Table Mountain National Park (TMNP) on land owned by SANParks which has the highest level of environmental protection possible."

1. Chapman's Peak Drive is located within the former Cape Peninsula National Park, now TMNP, but is not a natural landscape feature. It remains a road which has to be managed and controlled by the Province. By way of a management agreement, the operating company also has access to other permanent construction features on SANParks land, such as catch nets. This is in order to keep the road safe and prevent further death and serious injury. Other permanent constructions on SANParks land include toilets for the convenience of visitors.

2. Far from setting a precedent with regard to commercial use of SANParks' land, as has been claimed elsewhere, the control centre will be located opposite a luxury hotel on SANParks' land overlooking Kooëlbaai, (one of many such operations throughout South Africa.)

The main problem was indeed that Sanparks deproclaimed then didn't now maybe will deproclaim part of a National Park, end of story! Whatever the excuses, it is a massive precedent, isn't it? And citing the hotel already on Sanparks land makes it seem worse, not better?

(Heeh heeh, I hope the bit in red has something to do with us!)

"The Environmental Impact Assessment (EIA) process did not include public participation on the plans to build within TMNP."

1. The EIA considered all three possible locations for the control centre, which were all within what is now TMNP. Concept plans and elevations for each site were included in the EIA documents and the site development plans were approved in accordance with the environmental authorisation granted these plans were subjected to two rounds of public participation between 2003 and 2008.

2. The land earmarked for the Centre was originally under provincial control. This land was part of the 510,000m² (51Ha) of the Farm, Helsingden, which was sold to SANParks by the Province in 2003 for R100. This sale included a further eleven erven totalling 9,390,000m² of Provincial land, for a total price of R1200. Transfer of the property did not take place until 2006. The Province is therefore utilising less than 0.022% of the land it transferred to SANParks in 2006 for purposes of constructing the Chapman's Peak Drive control centre.
[/i]

If the land was only transferred in 2006, was the issue of deproclaiming part of a National Park even part of the public consultation process?

Regarding the 0.022%, Helen has obviously been chatting to Doctor Mabunda re. using statistics! She should have said the province is only utilising 0.000000001% of all Sanparks land in the country! -O -O -O

I did not post over there because I was not quite sure of my facts.

Does anybody know what the procedure is, that Sanparks must follow to give away or sell a piece of a National Park?

What is Entilini going to do with rest of the building? They certainly do not need all that space only for the administration of the Chapman's Peak toll road.

Before 2005:

19. Withdrawal of declaration or exclusion of part of a "Special Nature Reserve" (National Park):

"The declaration of an area as a special nature reserve, or as part of a special nature reserve, may not be withdrawn, and no part of a special nature reserve may be excluded from the reserve except by resolution of the national assembly"




After 2005:

Amendment:

Act No. 31,2004 NATIONAL ENVIRONMENTAL MANAGEMENT PROTECTED
AREAS AMENDMENT ACT. 2004

Withdrawal of declaration or exclusion of part of national park


21. (1) A declaration under section 20 may only be withdrawn-
(a) by resolution of the National Assembly; or

(b) in terms of subsection (2).
(2) If the Minister or South African National Parks, as the case may be,
or the other party to an agreement referred to in section 20(3), withdraws
from the agreement, the Minister must withdraw the declaration in terms of
which the land in question was declared a national park or part of an
existing national park.


Section 20(3):

(3) A notice under subsection (l)(a) may be issued in respect of land if
the owner has consented to the declaration by way of a written agreement
with the Minister or South African National Parks.

(I fixed some of the spelling of the Act as it is written, if that's ok! :lol: )



So the Minister or Sanparks can "withdraw" from the agreement!?
But It is unclear how "selectively" they may withdraw... :roll:

http://www.iol.co.za/capetimes/interdic ... -1.1225042

Interdict planned to halt Chappies block

February 1 2012 at 12:56pm
By Zara Nicholson
Comment on this story


CIVIL society groups are on the verge of filing for an interdict to halt the construction of an office block on Chapman’s Peak Drive.

UCT environmental law professor Jan Glazewski said yesterday the process leading to the construction of the luxury office block and toll plaza on Chapman’s Peak appeared to be “seriously flawed”.

Construction got under way on Monday. But Glazewski, a professor at the Institute of Marine & Environmental Law at UCT, who is also a member of the Table Mountain National Park Forum (TMPF), a body set up about eight years ago to act as an adviser and link between the public and SANParks, said: “It appears that the proposed construction of an office block on Chapman’s Peak is flawed on two related grounds.

“SANParks, the custodian of protected areas throughout the country, is required to undertake certain legal procedures set out in the Protected Areas Act prior to excising land from a national park, in this case the Table Mountain National Park.”

Civil society groups have been opposing the construction of a toll plaza for years with their latest fight being against construction of a two-storey building on the mountain.

David Mabunda, the chief executive of SANParks, said earlier SANParks was still in the process of de-proclaiming the land.

But Glazewski said the law required comprehensive public consultation with interested and affected parties, including TMPF, before embarking on such an initiative.

“I have been on the forum for five years and to the best of my knowledge the issues of an office block or the excising of land from the park has not been brought to the forum for consideration,” he said.

For these reasons, he said: “There are grounds for seeking a temporary interdict to put at least a temporary halt to the development proposal. This would serve to enable further investigation into the issue, the airing of conflicting views and hopefully the reaching of a compromise and a satisfactory resolution of the various issues.”

The Hout Bay Residents’

Association (HBRA), the Civil Rights Action Group and other residents said they were never consulted about an office block on SANParks land and opposed the plan.

HBRA chairman Len Swimmer said the association agreed 100 percent with Glazewski.

He said these were the grounds for an interdict they were investigating with their legal team.

TMPF acting chairman Greg Mosley, said they had quarterly meetings with SANParks and said that, while toll plaza plans had been presented to the public, an office block was never mentioned.

“This issue should’ve been raised because they should’ve known it would be a big issue. This whole situation has been handled very badly.

“If there has not been public participation on the office block then they should have it now. Quite frankly this is a mess,” he said.

Mosley added: “They can say they have had public participation but there is so much opposition to this, so even if they did consult people then they did not listen.

“SANParks does not own the land. It belongs to the people of South Africa and they have not had a chance to have their real say on the Chapman’s Peak debacle.”

Approached for comment, Ray Thakuli, the general manager for media relations at SANParks, said: “We are also an interested and affected party and we are directing all enquiries to the Western Cape Department of Public Works and Transport.”

Numerous attempts to reach Transport and Public Works MEC Robin Carlisle were unsuccessful.

zara.nicholson@inl.co.za

Does anyone know what exactly the Table Mountain National Park Forum (TMPF) is?

By Evan Haussmann, Getaway Magazine, 7 Feb 2012

Outrage at MEC over Chapman’s Peak toll plaza

‘Don’t touch Capetonians on their mountain!’ – Protester, Chapman’s Peak

Capetonians are outraged at the Western Cape MEC for Transport and Public Works, Robert Carlisle for approving construction of a toll plaza on Chapman’s Peak.
Anyone who drove over Chapman’s Peak on Monday morning would have seen graffiti around the toll plaza construction site. Blogger @tDCe tweeted a link to images of the activists Chapman’s Peak protest messages, dubbing them the #chappiesavenger. This is the latest in protest action against the construction of the Chapman’s Peak toll plaza which is unpopular for a few reasons, not least of which is it’s siting within the borders of a World Heritage Site.







If you build it, they will come
By all indications the R54million rand development isn’t going to go ahead without fervent opposition, even though construction is essentially already underway. Getaway’s Marion Whitehead was among the 2000 protesters who marched to the site on the 23rd of January. In her subsequent article ‘Capetonian’s say no to Entilini’ she says, ‘Even Robin Carlisle, Transport and Public Works MEC… had to acknowledge that there was “an impressive’ number of people against the office block…’”

‘It wasn’t me…’
On January 11, before the protest action began Mr Carlisle was already defending himself, writing on the Politicsweb website: ‘When I became the minister, I inherited a binding contract that had been conceived in sin or insanity; there is no other possibility (but for construction to go ahead).’ He explains how he renegotiated a better agreement, concluding: ‘This administration has met its promise of re-opening Chapman’s Peak and renegotiating a more favourable contract, saving the taxpayer over R84 million in the process.‘ Read the whole article here.

The MEC then published a brochure outlining the processes saying, ‘Matters of public concern are best addressed when the people are fully informed.‘ Read the brochure here.

But apparently to no avail…
Since the protest, Mr Carlisle has continued taking a lot of heat about the Chapman’s Peak Toll Plaza development. Public disapproval ranges from accusations of corruption (as illustrated by @tDCE’s photos), to criticism for allowing a R54 million ‘luxury office block’ development within the World Heritage site. The legal fees and red tape having already cost R100 million isn’t helping resolve the issue either.

The protesters still won’t let up…
The Cape Argus and Weekend Argus’ SMS columns have been inundated with messages of opposition to the Minister of Transports approval of the Toll Plaza construction. So much so that clearly exasperated, Mr Carlisle sent a text last weekend saying: “This is an invitation to Gary of Rondebosch and all the other cowards who question my integrity from the anonymity of SMS Feedback, to phone me at 083 264 9018 to introduce themselves and their accusations. Robin Carlisle.”

The Daily News website reports: ‘Asked to explain his reasons for submitting the SMS, he told the Cape Argus today (6 Feb 2012): “I’m not threatening anyone. What I am sick of is being called a ‘liar’ and a ‘crook’ and ‘in cahoots’ – and other defamatory names. “If someone writes a letter to the newspaper and says ‘Robin Carlisle is an a..hole, signed J Smith’, then that’s fine, all good and well. But it’s not fine to defame me anonymously.”

You miss the point, Mr Carlisle
I’m afraid Mr Carlisle, with all due respect, if your main concern is whether people vent their disenchantment to your face or not, you really are missing the point. The fact remains you approved the erection of yet another unpopular building, 12 Apostles Hotel being the other, inside a supposedly protected area. For that sir, you really shouldn’t be suprised if an increasing number of people actually accept your invitation to call you the north end of a southbound moose. In fact you should be grateful, it could be worse.

Protest, but not anonymously? Are you serious?
If you’d like to protest the action, then give the minister a call, here’s his number again - 083 264 9018.

Or if you’re really creative you could win R1000 by entering an essay to the SANParks Annual Writing Competition, don’t hold your breath though…

I am still at a loss to understand how this whole affair can happen AND obviously continues to develop in a so-called legally constituted state It is scary

Lis, you actually answered yourself -

I am still at a loss to understand how this whole affair can happen AND obviously continues to develop in a so-called legally constituted state It is scary

It makes me feel so sad I can only imagine, what you are feeling, apart from the usual

PURE DEPRESSION Lis - Nothing Less

What a lame 'excuse' by that Mr Carlisle to claim
he had inherited the whole contract and can't help it now
but to proceed... If he really cared...

But trying to stay positive: The protesters doing a great job
and I'm sure those rode signs are being standardized around
Chappies.

Despite all the sadness that this whole development carries,
I had a giggle at the last line as well. :lol:

One thing that is eerily similar to Kruger is the justification that buildings can be built on "dump sites", for want of a better term, as with the proposed Malelane Hotel site.

As though that would somehow improve the area? :roll:

I watched an interview with him on TV a few weeks back. He owes huge money already, and the only way to recover it is to build the toll. He did admit that by building it laws are being broken, but at the same time he said that if he pulls out now he is breaking contract and that is all that he is afraid of. He claimed that he will be liable for the financial loss. So somewhere he must have agreed to the terms of the contract the he "inherited".

I feel like sending him a "please call me" so that I can tell him he is an .....! -O

I must say this is a stunning little cameo of South African democracy in action...I don't think foreigners will understand! :lol:

In the rest of the country Government officials who irk the people who voted for them are often protested against, with marches and vandalism and the whole shebang. And then they blame the past as an excuse.

In this province, the Governing Party is not in power, and the Party that is in power has giggled at the above for many years.

However, now we have those that voted for the local government protesting and marching and vandalising etc., and those responsible blame the past!

There is a very easy way out. Parliament has to deny the authority for Mabunda to sign the land over the Western Cape govt and then it's a case of ...'sure you can put up your building, but unfortunately we can't have the land we thought we could have so best you build it somewhere where you can buy the land, and that won't be within a National Park.

Why don't they just extend the toll road to start in the outskirts of Hout Bay and put their Taj mahal Toll booth in Hout Bay. But stay off our National Park land

Who knows Lis, from what I can gather they have planned for conference rooms, entertainment area etc. So by the looks of it it will be where the Entilini big wigs can take their guests and entertain them overlooking the best scenery in the country. (Supposition on my part)

From our member in Cape Town today:

Bronwen, the convenor of the Chappies march, has embarked on a hunger strike on this issue. She is in day 3 now and stays at the construction site from 7 in the morning till 7 at night

Wow, that's commitment!!! Maybe that's what we'll have to resort to with regards to the hotels!!

2012-02-17 13:39

Cape Town - Construction will resume on the Chapman’s Peak Drive toll plaza site on Monday, but the department of transport and public works has agreed to get a specialist to investigate alternative tolling systems, the Cape Times newspaper reported on Friday.

This emerged after a meeting on Thursday between the department, Murray & Roberts, toll operator Entilini and the Civil Rights Action Group (Crag).

The meeting was called after weeks of fierce opposition to the development from residents and civil groups. The R54m development includes a two-storey office building for Entilini.

Construction was temporarily suspended on Wednesday amid safety concerns after two women chained themselves to the scaffolding at the site.

At the meeting, Crag proposed alternative tolling systems, with parties agreeing to explore other options but not halting construction.

Crag is proposing a more modern and cheaper tolling method and that property in Hout Bay be used to build Entilini’s offices.

After the meeting, Terry Wyner from Crag told the Cape Times that if the parties were ready to enter more detailed discussions on other tolling methods then Crag would investigate simple and cost-effective methods used in other countries.

The talks were productive, he said.

“We were given plenty of time to put our thoughts across and some of the questions they asked us were very important, such as how much our alternative tolling methods would cost.”

What the hell is this.....so in the meantime the damn 2 story building gets built on National Park land or am I missing something here.

news24 2012-02-29

Cape Town - The Hout Bay Residents' Association will apply for a court interdict to stop construction on the Chapman's Peak toll plaza in Cape Town, according to a report on Wednesday.

The Cape Times reported that the association's attorneys informed the provincial government, SA National Parks and toll road concessionaire Entilini of this legal action through a letter on Tuesday.

So far, construction has been restricted to the road reserve of Chapman's Peak drive, but on Thursday building is to take place in the Table Mountain National Park, which forms a part of the Cape Floral region World Heritage Site.

The residents' group believes it is unlawful to build in a national park without Parliament de-proclaiming the affected portion of land.

The attorneys told Entilini and authorities it would save them money to halt construction in the meantime.

Legal papers would be filed by Monday.

RESIDENTS’ ASSOCIATION OF HOUT BAY
[previously HOUT BAY RESIDENTS’ ASSOCIATION]
PO Box 27031, Hout Bay, 7872 E-mail rahb@houtbay.org.za
Chairperson: Len Swimmer (021-790-0268, lens@telkomsa.net)
10 February 2012

Dear Chappies’ Supporter,

For almost a decade the public have been voicing their opposition to the unnecessarily large Toll Plazas on Chapman’s Peak Drive but the proponents: The Provincial Government of the Western Cape, Murray and Roberts/Entilini and SANparks have pretended to listen but this has fallen on deaf ears. You and the literally thousands of others who marched up Chappies to protest have been totally ignored. Despite there being viable options for lesser impact structures and the public outrage at their plans they are going ahead, not because they have to, but simply because they believe they can. We have been challenged by the proponents who informed us that the project is to go ahead and that they will only stop, if the Courts order them to do so.

The Resident’s Association of Hout Bay, has risen to this challenge and for some time now and at considerable cost, has had a litigation team of highly experienced legal specialists researching the legality of the development. They have assured us that we have a good case for stopping construction . We have therefore resolved to push ahead with the litigation even if that means, as may well be necessary, going to the High Court and Parliament in order to stop this madness.

Clearly the process is costly and we need significant funding to support the action. We know that you, by having raised your voice in protest, are outraged and support what we are doing. We therefore appeal to you now to also make a financial contribution to a fund established specifically for the purpose of stopping construction of the proposed inappropriate luxury office block and so saving Chappies for us and future generations.

The fund will be administered by Environmental specialist attorneys Cullinan and Associates.

We thank you for your ongoing support. You are assured that your money will be well spent in us leaving no stone unturned in stopping this inappropriate construction in a nature reserve.

Yours very sincerely
Len Swimmer
Chairman

iafrica.com Fri, 09 Mar 2012 2:34

Construction of the Chapmans Peak toll plaza on national parks land would endanger threatened fynbos, the Cape High Court heard on Friday.

Advocate Jeremy Muller, for the Hout Bay Residents' Association, said 500 square metres of granite fynbos could be irretrievably lost.

He said the impact on vegetation had not been assessed in an environmental process.

"If we are right, that what the province is contemplating is unlawful... a risk-averse approach is the appropriate one here," he told Judge Rosheni Allie.

If Allie was not to grant an interim order halting construction, the province and toll concessionaire Entilini would continue with unlawful conduct, he said.

He requested a month's delay, as this was when the court would hear the matter of whether construction was lawful.

"No one is suggesting a lengthy stoppage. All we are asking for is four weeks. This is work on a critical path and so it wouldn't interrupt work on the toll plaza."

The area in question was a farm owned by the Labia family and sold to SA National Parks years ago.

According to Muller, the land was not included in the toll construction agreement, and would need to be de-proclaimed by Parliament before it could be built on.

Contravention of the Protected Areas Act could lead to a maximum five year prison sentence.

Muller said the application was on behalf of the people of South Africa as "the environment is held in a public trust".

2012-03-09 16:15

Cape Town - There is no basis for an urgent interdict halting construction of a toll plaza on Chapman's Peak, the Western Cape High Court heard on Friday.

Advocate Sean Rosenberg said the notice for an interdict application on Monday was done on a calculated basis to give his team little time to compile arguments.

He said the procedure for assessing the degree of urgency was totally ignored.

"If it sounds querulous and complaining, then so be it."

Rosenberg was representing the respondents in the matter - Entilini, of which Murray and Roberts is a senior partner, SANParks, Western Cape Premier Helen Zille, provincial Transport MEC Robin Carlisle and Water and Environmental Affairs Minister Edna Molewa.

He said the urgency was clearly self-induced as the applicants had known construction was imminent since the end of last year.

"Why was it necessary to launch this matter on Monday then?"

He concluded by saying it was strange the applicants had referred to the threat to fynbos when it was hardly mentioned in their affidavit.

"That allegation is almost lost amongst other allegations. It occupies a very modest place in this case."

- SAPA

The judge has not pronounced him/herself yet, I presume. Let's hope the construction will be stopped at least for those 4 weeks, a lot of things can happen in a month

[Flutterby]

Chapman's Peak toll plaza 'unlawful'

News24 2012-05-28 13:51

Cape Town - The construction of a toll plaza on Chapman's Peak drive in Cape Town is unlawful and unauthorised, the Western Cape High Court heard on Monday.

Advocate Jeremy Muller said Transport MEC Robin Carlisle had failed to get written permission from the national environmental affairs director general, as required by the Protected Areas Act.

Speaking on behalf of the Hout Bay Residents' Association and the Habitat Council, he said permission was needed for "those things where sods are turned and buildings are erected".

Contravention of the requirement could see a maximum fine of R5m, or a five-year jail sentence being imposed.

Muller planned to argue that the toll building was not being constructed under the consent of a 2003 management agreement, and that title deed conditions for the land were being contravened.

He was arguing in favour of an interdict to halt construction of the R54m toll plaza building.

The respondents in the matter are Entilini, of which Murray and Roberts is a senior partner, SANParks, Western Cape Premier Helen Zille, Carlisle and Water and Environmental Affairs Minister Edna Molewa.

About 20 people gathered outside the court, chanting protest messages and carrying placards.

Some of the signs read: "DA, People have spoken are you deaf?" and "R54m could rather build 3 schools".

Activist Bronwen Lankers-Byrne, who went on a hunger strike on the plaza construction site in February, led the group.

- SAPA

[Toko]

http://www.iol.co.za/news/crime-courts/ ... 88kA9U2-So

Chapman’s toll case dismissed

June 6 2012 at 11:06am
By SAPA


An application to interdict construction of the R54 million Chapman's Peak building in Cape Town was dismissed in the Western Cape High Court on Wednesday.

Judge Bennie Griesel said no order had been made as to costs.

The Hout Bay Residents' Association and the Habitat Council had argued that provincial premier Helen Zille and Transport MEC Robin Carlisle did not receive proper environmental authorisation to build the plaza, as required by the Protected Areas Act.

Both maintained that authorisation was granted under previous environmental legislation.

The respondents in the matter are Entilini, of which Murray and Roberts is a senior partner, SANParks, Zille, Carlisle and Water and Environmental Affairs Minister Edna Molewa. - Sapa

[Sprocky]

2012-06-22 09:10

Cape Town - The Hout Bay Residents' Association would take no further court action over the Chapman's Peak toll building in Cape Town, it was reported on Friday.

Western Cape Transport MEC Robin Carlisle told the Cape Times that he would drop the costs order against the association in return.

The residents' association and the Habitat Council first approached the court in March claiming no permission had been granted for the control building to be built within the Table Mountain National Park, a World Heritage Site.

Their urgent application was dismissed with costs.

The Western Cape High Court then dismissed a normal application at the start of June.

"I truly welcome this development. It brings to an end a fight that I didn't look for and didn't enjoy being in," Carlisle was quoted as saying.

He said he also decided to withdraw a defamation case against association chairperson Len Swimmer, who allegedly accused him of giving the toll office building to Entilini as a "sweetener" during contract re-negotiations.


- SAPA

[JoeKing]

FFS

[Flutterby]

"I truly welcome this development. It brings to an end a fight that I didn't look for and didn't enjoy being in," Carlisle was quoted as saying.

Of course he welcomes it!!!

[Toko]

Cape Times

Chappies plaza faces another court challenge

October 4 2012 at 12:08pm

Melanie Gosling
Environment Writer

GREEN Party leader Judith Sole is bringing a new legal challenge against the toll plaza under construction on Chapman’s Peak.

Sole said yesterday: “I have to do this otherwise we allow a precedent to be set where anyone is entitled to build in a protected area just by getting a signature.

“When I had finished the legal papers, I had a big horrible feeling in my stomach because I am taking on all these powerful people, but I have to do it because once a precedent has been set, you cannot undo it,” she said.

Sole, of Noordhoek, is aware that two previous court challenges had been lost, but said that did not deter her.

During court action earlier this year Hout Bay residents argued that SANParks’ management plan, a legal document, did not allow that type of development in the national park, nor had approval for the toll plaza been obtained in terms of the legislation governing protected areas.

They sought, but did not get, an interdict to halt development while they fought the case, which could have taken more than a year.

Sole wrote in her affidavit that she was authorised to bring the application on behalf of “all citizens of this country”, and on behalf of future generations, who wished to have protected areas in South Africa. She is not seeking an interdict to halt construction, but says if she wins the case and the toll has been completed, it will have to be demolished.

Al-Ameen Kafaar, spokesman for the provincial Department of Transport and Public Works, confirmed yesterday that the department was one of the respondents in Sole’s legal action, and said the provincial government’s legal services were dealing with the matter.

And in the wake of part of the cutting behind the construction site having collapsed at the weekend, the Hout Bay Residents and Ratepayers’ Association has called for all construction to stop until an environmental impact assessment (EIA) has been carried out.

Ross Cameron, an environmental assessment practitioner and a member of the executive of the Hout Bay residents’ association, has written to the environmental management committee set up for the toll plaza construction, asking that the developers and authorities stop construction until an EIA has been completed.

“We have identified two streams adjacent to the site within 32m of the site, which means they have to do an EIA under Nema (National Environment Management Act). Even if these run only during floods, they are still water courses and the legislation applies.

“Everyone else has to comply with this law. Work must be halted until the assessment is done. They also need a Water Use Licence in terms of the National Water Act,” Cameron said.

Asked what was being done about the collapsed slope, Rob Pomario of Murray and Roberts said geo-technical engineers had been to the site.

“We awaiting their final findings and remedies,” he said.

Andy Gubb, formerly of the Wildlife and Environment Society of SA, predicted possible slope collapse when he said in an affidavit during the earlier court challenge: “Imminent danger will arise when reprofiling of the bank commences as that would immediately destabilise the bank.”

melanie.gosling@inl.co.za

[Toko]

Greens bid to halt Chappies plaza

MONDAY NOV 05, 2012
Greens bid to halt Chappies plaza

The Chapman's Peak toll plaza controversy is back in the Western Cape High Court where the Green Party of SA is making a bid to see the R54million project halted, and the property restored to its original condition.

In addition, party leader Judith Sole, who lodged the application against toll concessionaire Entilini, said in the court papers Entilini's directors should be arrested until they comply.

She also wants the court "to order that the illegal authority under which (Entilini) have been damaging our property be withdrawn", and that government and SANParks officials involved in the construction of the toll plaza be suspended, pending an investigation into how the approval was granted.

In an affidavit, Sole acknowledged concerns about the damage the construction would wreak on the fynbos in the area, but the main concern of the application was that an "extremely dangerous precedent" was being set.

Sole's application follows another this year by the Hout Bay Residents Association to halt construction, pending an application challenging the environmental approval.

In June Judge Bennie Griesel dismissed their application, and the association withdrew its main application.

Sole said in her affidavit that her application, unlike that of the association, did not call for the construction to be halted temporarily: "Our Protected Areas Act does not allow for the construction of a toll plaza at all. If procedures are followed, this construction on our protected areas should be halted, and prevented altogether, and the land restored to its original condition."

Entilini countered with an application for Sole to furnish it with R150 000 in security for costs, calling her application vexatious and reckless.

Entilini director Robert Pomario said in an affidavit that the legality of the construction had already been dealt with by the same court, and that Sole's application did not raise any new issues.

It was based on an allegation of malicious damage to property, which was "farfetched, inappropriate and unsustainable".

In court yesterday, Acting Judge Judith Cloete postponed the application for security for costs, after Entilini's advocate informed her the parties were in the process of reaching an agreement on the issue.

Weekend Argus (Saturday Edition)

[Toko]

Chapman's Peak toll almost complete - 26 March 2013

CAPE TOWN - Construction of the Chapman's Peak Toll Plaza will be completed by June, Western Cape Transport and Public Works MEC Robin Carlisle said on Monday.

The multi-million rand project made headlines last year when Hout Bay locals approached the courts to try and stop construction.

Carlisle said the project is almost complete.
“Chapman’s Peak will be done by June for the latest and the new plaza building will be for the people’s convenience.”

Disaster was apparently unstoppable

[Richprins]

Wonder what happened to EIA?