City seeks leave to appeal court order

2015-10-27 06:00

The South Road Families Association (SRFA) has expressed their dismay at the decision by the City of Cape Town to seek leave to appeal a recent court decision regarding evictions for a new MyCiTi route.

According to a statement by the City they have applied for leave to appeal against the judgment and order that was handed down by Acting Judge AJ Weinkove in the Western Cape High Court on Monday 12 October.

‘Judgement unclear’“We have great respect for the courts and the judicial system. It is also not our desire to litigate against residents. Had the judgment given a clear indication or direction as to how the City’s extensive public consultation process was lacking and what would be required in order to remedy this, we would no doubt have followed those instructions and would not be appealing.”

SRFA spokesperson Laurie Peregrino says they are disappointed at the news.

“This is a miserable day for us, all we want is for the City to engage in meaningful public participation and to genuinely consider alternative routes. Instead of applying themselves to the judgement, they waste taxpayers’ money to appeal,” he says.

According to the municipality, in their view the judgement wasn’t clear and they are left with no choice but to appeal.

“We are of the opinion that the said dispute deals with the nature of the obligations imposed by the Constitution and the Local Government Municipal Systems Act on the City in facilitating public participation, and whether the City has met those obligations. It is of cardinal importance to identify the scope of those obligations and how they should be properly executed in realising the vision of transparent, accountable and participatory governance as enshrined in our constitution.”

Premature actionHowever, Peregrino highlights the cancellation of leases and demolition of various properties were carried out before public participation commenced.

He says the association now has to see whether or not the municipality is granted leave to appeal before they decide their next step.

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