No basis for Chappies interdict - lawyer

2012-03-09 16:15
Cape Town - There is no basis for an urgent interdict halting construction of a toll plaza on Chapman's Peak, the Western Cape High Court heard on Friday.

Advocate Sean Rosenberg said the notice for an interdict application on Monday was done on a calculated basis to give his team little time to compile arguments.

He said the procedure for assessing the degree of urgency was totally ignored.

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

Rosenberg was representing the respondents in the matter - Entilini, of which Murray and Roberts is a senior partner, SANParks, Western Cape Premier Helen Zille, provincial Transport MEC Robin Carlisle and Water and Environmental Affairs Minister Edna Molewa.

He said the urgency was clearly self-induced as the applicants had known construction was imminent since the end of last year.

"Why was it necessary to launch this matter on Monday then?"

He concluded by saying it was strange the applicants had referred to the threat to fynbos when it was hardly mentioned in their affidavit.

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

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