Judgment reserved in Chappies toll case

2012-05-29 21:57
Cape Town - The Western Cape High Court reserved judgment on Tuesday on whether to grant an interdict halting construction of a toll plaza on Chapman's Peak in Cape Town.

It had heard that Premier Helen Zille and transport MEC Robin Carlisle did not received proper environmental authorisation to build the plaza, as required by the Protected Areas Act, and needed to "jump through several more legal hoops".

Jeremy Muller, for the Hout Bay Residents' Association and national NGO the Habitat Council, said written permission had not been given by the national environmental affairs department and SA National Parks (SANParks).

"The [environmental affairs] Minister [Edna Molewa] and SANParks CEO David Mabunda need to apply their minds. It's quite clear that they have not because none of them have been asked to do so," Muller said.

Molewa quiet on matter

Sean Rosenberg, for Zille and Carlisle, had previously said the necessary permission had been granted under former environmental affairs legislation.

On Tuesday, he said Molewa had been very quiet on the matter. This suggested there were no grounds to say environmental authorisation had not been granted. Rosenberg said Molewa was in the best position to stop construction should she feel the correct procedures had not been followed.

A department representative told the court on Tuesday, however, that permission had never been granted in terms of the World Heritage Conservation Act. He did not elaborate.

Rosenberg argued that a delay in the construction of the Chapman's Peak toll plaza would have disastrous consequences. An interdict would delay the completion date by a year, from July 2013 to July 2014, and cost R9m, based on a loss of efficiency and escalation in building costs.

Cancellation costs

Construction company Murray and Roberts, a senior partner in concessionaire Entilini, might also be tempted to bow out of the deal.

"There is a good risk that their patience may run out and that they may cancel this agreement on the basis that interim relief was granted," he said.

Such a cancellation would cost the province in the region of R141m.

Judge Bennie Griesel is expected to hand down judgment in two to three weeks.
Read more on:    cape town  |  environment

Join the conversation!

24.com 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

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
7 comments
Comments have been closed for this article.

Inside News24

 
PARTNER CONTENT
INFOGRAPHIC: New thinking required for retirement

Everything we believe about retirement is fast becoming outdated.

/News

Book flights

Compare, Book, Fly

Traffic Alerts
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.