Chappies toll plaza 'was authorised'

2012-05-28 20:23
Cape Town - The Western Cape was given permission by two authorities to build the R54m Chapman's Peak toll plaza, the Western Cape High Court heard on Monday.

Transport MEC Robin Carlisle was authorised by National Environmental Affairs Minister Edna Molewa and SA National Parks (SANParks) CEO David Mabunda, said Sean Rosenberg, for Carlisle and Western Cape Premier Helen Zille.

"The approved final site development plan was submitted both to the local [transport] department and the national department in December 2008."

Molewa approved the site development plan on 5 July 2009, and Mabunda gave his written approval of the plans in July 2011, said Rosenberg.

The Hout Bay Residents' Association and the Habitat Council contended that the construction of the plaza was unlawful and unauthorised.

Written permission

Acting for them, Jeremy Muller argued in favour of an interdict being granted to halt construction of the plaza building.

The respondents in the matter are Entilini, of which Murray and Roberts is a senior partner, SANParks, Zille, Carlisle and Molewa.

Muller earlier said Carlisle had failed to get written permission from the national environmental affairs director general as required by the Protected Areas Act.

He said permission was needed for "those things where sods are turned and buildings are erected".

Contravention of the requirement could result in a maximum fine of R5m or a five-year jail sentence.

Rosenberg said that Molewa's authority superseded any lower authority or delegation within the department.


Muller argued that the toll building was not being constructed under the consent of a 2003 management agreement on the area.

Rosenberg said it was clear that the agreement was created "in order to carry out the project: the rehabilitation and operation of Chapman's Peak as a tolling operation".

"The agreement contemplates the construction of structures such as the control building and provides for written consent of SANParks to be obtained," he said.

Muller said the title deed conditions for the land, a part of which used to be a private farm, were being contravened.

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

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

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

Judge Bennie Griesel adjourned the matter until Tuesday.
Read more on:    sanparks  |  robin carlisle  |  edna molewa  |  helen zille  |  david mabunda  |  cape town  |  tolls

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Partner Content
Travel Dreams? Where would you rather be right now?

Partnered: Whether you're missing family overseas, dreaming of family adventures or romantic hideaways we all have that one place we'd rather be right now - but have you thought about the best way to get there?

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.