Fight not over says families

2017-02-21 06:00

South Road families have vowed to challenge the City of Cape Town in the Constitutional Court.

The Western Cape High Court upheld the City’s appeal on Friday.

The South Road Families Association (SRFA) and 21 tenants living in council-owned properties along South and Waterbury roads in Plumstead filed this case against the City in 2015.

In December 2013, People’s Post revealed the plan to construct a MyCiTi route through Plumstead and Wynberg (“MyCiTi moves south”, 19 December 2013). In October 2014, residents living in South Road were informed they needed to leave their properties which would be demolished for the new route.

Brett Herron, Mayco member for transport and urban development, says: “This victory confirms the City’s assertion right from the start that we have followed a comprehensive public participation process about the conceptual design of phase 2A of the MyCiTi bus service which is to connect the communities from the metro-south east with Wynberg and Claremont.”

The judgement found the City did comprehensive public participation in 2014 and included engagements with the SRFA. It also found the City had taken steps to ensure that the public would have a meaningful opportunity to be heard and that the City had already considered alternative routes and had presented information on these alternatives to the public.

Clive Muller, a representative of the SRA, says the community is “obviously disappointed”. “We have studied the legal documents and there are a number of inconsistencies,” he says.

The association has vowed to continue with legal action.

“We strongly believe the City is acting as a bully and not taking the community’s views into consideration. It’s unconstitutional and we will take this matter to the highest court in the land.”

The City has not yet decided whether South Road will be used for the second phase of the MyCiTi service.

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