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Rosenberg said that Molewa's authority superseded any lower authority or delegation within the department.

Agreement

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.

- SAPA

Read more on:    sanparks  |  robin carlisle  |  edna molewa  |  helen zille  |  david mabunda  |  cape town  |  tolls
NEXT ON NEWS24X

Read News24’s Comments Policy

24.com 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
10 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
 

DA wants to empower fishing communities - Zille

DA leader Helen Zille says the party has a plan for harbours and small-scale fishing communities.

 
 

Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
 
Traffic
Lottery
 
  • Friday Grabouw - 11:32 AM
    Road name: N2 Eastbound
    DELAYS between Sir Lowrys Pass and Grabouw
  • Friday Cape Town - 10:14 AM
    Road name: M3 Inbound
    EVENT - left lane closed between Rhodes Avenue and UCT
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Samsung Galaxy S III 16GB

There are no straight lines in nature. The Samsung  GALAXY...

From R3525.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

You may find yourself putting in that extra effort on looking good and making an impression. ...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

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 24.com network.

Settings

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.