LETTER: Where is MyCiti going with this ad?

2016-02-09 06:00

Well over a month ago, the City of Cape Town posted an advertisement in People’s Post to invite tenders for the design and construction of MyCiti bus stations as part of MyCiti Phase 2A.

But prior to the placement of this advertisement the High Court not only ruled against the City proceeding with the construction of the Phase 2A route, but, in my understanding, ruled that the City must restart the process of actually planning the route – this time with meaningful public participation.

I am further given to understand that the High Court did not grant the City leave to appeal this ruling.

If my understanding of the above is correct, how did this advertisement come to be placed in People’s Post? Is the City contravening the rule of law and disregarding the judgement of the High Court? Or, if the City is respecting the court judgement, how does the City account for the wasteful expenditure of placing a redundant advertisement in this regard?

Darron Araujo, Wynberg

Reply from Brett Herron, mayoral committee member for transport:

The advertisement relates to Section 33 of the Local Government Municipal Finance Management Act, which requires municipalities to follow a public participation process for all contracts that may run for a period longer than three financial years.

As Araujo duly noted, the City of Cape Town is currently involved in litigation with the South Road Families Association.

Acting judge Weinkove of the Western Cape High Court dismissed the City of Cape Town’s application for leave to appeal against his judgment and order that was handed down in the application that was brought by the South Road Families Association and 21 others on 23 November last year.

The City has petitioned the Supreme Court of Appeal for relief in this matter.

As such, we will not comment on this court case until the Supreme Court of Appeal has made a final ruling.

Save to say that the Western Cape High Court’s ruling only applies to the Wynberg section of Phase 2A and not the other parts of the project.

The City has stopped all work relating to Phase 2A in Wynberg, but has not and is not barred in any way from continuing work along other sections involving Phase 2A.

This principle applies to the tender for the design of Phase 2A stations which Araujo is referring to in his letter.

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