Tshwane street name battle continues

2013-06-12 22:46
(Picture: Tshwane municipality)

(Picture: Tshwane municipality)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

kalahari.com

Pretoria - The Tshwane municipality will have to spend over R2.6m to re-erect old street names, the North Gauteng High Court heard on Wednesday.

Terry Motau SC, for the municipality, also argued that there was no proof that anyone had been harmed by the name changes,

The municipality has applied for leave to appeal against an interim court order, granted in April, interdicting it from removing old street names and ordering it to re-install old signs which have already been removed.

The order was granted pending the final outcome of civil rights group AfriForum's application to set aside Tshwane's March 2012 resolution to change the "offensive" names of 25 streets.

AfriForum is involved in a protracted legal battle with the municipality about replacing the name Pretoria with that of Tshwane.

Some of the city's oldest street names disappeared overnight when Tshwane's undertaking not to remove the old street names lapsed in October.

The city argued that the application should not have been heard as an urgent matter because AfriForum waited five months after the six-month period lapsed to launch the application.

Motau argued that the interdict intruded into the exclusive terrain of the city.

"To restrain the city from implementing its resolution would be to intrude into its domain, the "heartland" of its functions," he said.

He argued that AfriForum had "alarmingly and glaringly" failed to prove that it would suffer any harm at all, let alone irreparable harm.

"It's a matter of national importance. It's not just a simple interdict that was granted.

"AfriForum relied on a cultural right and fair and just administrative action.

"The court erred in finding there's a right that's being infringed.

"The mere changing of a street name cannot breach a right to culture.

"You can't engage a right in the abstract. You have to show how the process infringes a right.

"What is cultural about changing a street name from Vermeulen to Madiba?" Motau said.

He argued that the court had erred in ordering that the street names already removed be reinstalled, especially in circumstances where there was evidence that the reinstallation would cost the city about R2.6m.

"The proverbial horse has already bolted. You can't unscramble the egg.

"An interdict is forward-looking. It is unsuitable to remedy a past, non-continuing harm," Motau argued.

MP van der Merwe, for AfriForum, said an interim interdict was not appealable.

"What can ever be harmful to restoring those well-known, respected names that had been there for decades? At least no one will be lost," he said.

Van der Merwe said the city had only itself to blame if it had to spend over R2m to put the names back.

The city had started taking the names down while a review was pending and did exactly what the interdict was trying to prevent two days before its undertaking lapsed.

"We're not dealing with the city council of Pofadder and there's no suggestion that the city cannot afford R2m, even if it is a huge amount," he said.

Judge Bill Prinsloo will give a ruling on the application on Thursday.

- SAPA
Read more on:    afriforum  |  name changes
NEXT ON NEWS24X
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
23 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

4 exercise excuses and how to beat them

Now is the time to kick those excuses right out the door!

 
 

Where were you when you last felt alive?

Watch: Insane road bike skills!
The most extreme journey ever?
Red Bull Lionheart trail run - not for the fainthearted!
Adventure holidays for your bucket list

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Save up to R1000 on Hisense smartphones!

View the large range of Hisense smartphones. Buy today and save up to R1000!

Deal of the week!

Save R1200 on the Samsung 48” smart full HD LED television now only R8799. Buy now!

Toys 4 for the price of 3

Buy 4 toys and get the cheapest FREE! Offer valid while stocks last. Shop now!

Mind blowing prices – As seen on TV

Get mind blowing prices on 1000’s of products! Shop now.

Save 20% on Nivea beauty products!

Buy any two Nivea beauty products and save 20%. 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

Horoscopes
Aquarius
Aquarius

There is a tendency to focus too intently on outer appearance and beauty which hides who you really are. You are being challenged...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.