Chappies interdict application dismissed

2012-03-09 20:11
Cape Town - An urgent application to stop construction on the Chapman's Peak toll plaza in Cape Town was dismissed - with costs - by the Western Cape High Court on Friday.

Judge Rosheni Allie ruled that the applicants, the Hout Bay Residents' Association and the Habitat Council, could have applied for an interdict at an earlier stage.

"I am of the view that the applicants were aware as early as September last year that Western Cape premier Helen Zille and Transport MEC Robin Carlisle intended to continue with the project and with the construction," she said.

"[Instead], the applicants chose to rely on a suggestion by SA National Parks CEO David Mabunda that there would be an application for deproclamation underway."

At the time, they chose not to bring an application and could therefore not suddenly now bring an urgent application.

Their application also did not comply with proper procedures, as inadequate time had been given for a sufficient response to the 346-page filing paper.

The respondents were Entilini, of which Murray and Roberts is a senior partner, SANParks, Zille, Carlisle and Water and Environmental Affairs Minister Edna Molewa.

Advocate Sean Rosenberg, for Zille and Carlisle, earlier told the court his team had been given too little time to compile arguments.

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

He also said it was strange that the applicants had referred to the threat to fynbos on the site when it had hardly been mentioned in their affidavit.

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

Advocate Jeremy Muller, for the applicants, had said that 500 square metres of granite fynbos could be irretrievably lost.

He said the impact on vegetation had not been properly assessed in an environmental process and called on the court to take a risk-averse approach.

However, Allie found that due environmental processes had been followed.

She said that at this stage she could not consider the prospects of the applicant's case, as not all the respondents had been able to submit their replies.

A court date will be confirmed for April for the normal interdict application to be heard.

The applicants were ordered to pay the costs of their counsel.

Carlisle welcomed the ruling in a statement later on Friday.

He said the ruling was an affirmation of his long-standing view that the project had been carried out lawfully and in accordance with due process.

The Cape Argus reported on Friday that Carlisle intended to sue Hout Bay resident's association chairman Len Swimmer for defamation.

This was regarding comments Swimmer made in an interview with the newspaper two weeks ago.

Swimmer alleged that Carlisle convinced Entilini to compromise on certain things and in return the company could build an office block as a "sweetener".

Swimmer also claimed Murray & Roberts had made large donations to the Democratic Alliance -- but he did not expand on the relevance of this.

Carlisle's lawyers claimed these comments were "intended to mean that our client is guilty of conduct unbecoming to acceptable norms of personal behaviour", the newspaper reported.

Swimmer's legal team said demands to retract the statement were declined as they were lacking in basis.

Swimmer told the newspaper he had not accused Carlisle of corruption.

- SAPA
Read more on:    sanparks  |  helen zille  |  robin carlisle  |  edna molewa  |  cape town
NEXT ON NEWS24X

Lightning kills baby, woman

2014-12-21 10:38
SHARE:

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
8 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

Joburg hot spots for cocktails, craft beer, tapas and wine!

It’s the season to be jolly – so we’ve rounded up some new Joburg hot spots!

 
 

I love summer.24

Summer Survey!
Great ideas for the best summer sandwiches!
Christmas lingerie to make this festive season the best one ever!
13 things you might not know about Disneyland

Jobs in Cape Town [change area]

Property [change area]

HOUSES FOR SALE IN Paarl

Houses R 2 690 000

HOUSES FOR SALE IN Hermanus

Houses R 2 680 000

Travel - Look, Book, Go!

Kalahari.com - shop online today

2DAYS ONLY – 30% off Appliances

Coffee makers, blenders, fans, juicers and more. T&Cs apply. Shop now!

2 DAYS ONLY – 40% off books

Get 40% off when you buy 2 books. For two days only! T&Cs apply. Buy now!

Up to 50% off on outdoor gear

Save on chairs, blankets, cooler bags, umbrellas and more. Shop now!

Save on Samsung

Cameras, mobile phones, TVs, Tablets and more. While stocks last. Shop now!

Grand Theft Auto 5

Now available on PS4, Xbox One and PC from R649. Buy 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

Horoscopes
Aquarius
Aquarius

At last you are able to see the light. You are able to break through obstacles in an innovative and original way. Visualisation is...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.