Chapman's Peak toll plaza 'unlawful'

2012-05-28 13:51

Cape Town - The construction of a toll plaza on Chapman's Peak drive in Cape Town is unlawful and unauthorised, the Western Cape High Court heard on Monday.

Advocate Jeremy Muller said Transport MEC Robin Carlisle had failed to get written permission from the national environmental affairs director general, as required by the Protected Areas Act.

Speaking on behalf of the Hout Bay Residents' Association and the Habitat Council, he said permission was needed for "those things where sods are turned and buildings are erected".

Contravention of the requirement could see a maximum fine of R5m, or a five-year jail sentence being imposed.

Muller planned to argue that the toll building was not being constructed under the consent of a 2003 management agreement, and that title deed conditions for the land were being contravened.

He was arguing in favour of an interdict to halt construction of the R54m toll plaza building.

The respondents in the matter are Entilini, of which Murray and Roberts is a senior partner, SANParks, Western Cape Premier Helen Zille, Carlisle and Water and Environmental Affairs Minister Edna Molewa.

About 20 people gathered outside the court, chanting protest messages and carrying placards.

Some of the signs read: "DA, People have spoken are you deaf?" and "R54m could rather build 3 schools".

Activist Bronwen Lankers-Byrne, who went on a hunger strike on the plaza construction site in February, led the group.

  • pmbadenhorst - 2012-05-28 14:03


      Press - 2012-05-28 14:21

      Hey DA - whena !

      Andrew - 2012-05-28 14:42

      I dont know what is so great as half the side of the mountain has already been excavated and all this legal action in my option is way to late. Even if they get a court order, the damage is already done!!

      arthur.hugh - 2012-05-28 14:48

      I already boycott the drive. Can't beat 'em? Bankrupt them. - 2012-05-28 19:37

      Please can everybody make sure they do not vote for the ANC we must make a stand against these dictators. If you should decide you don't want to vote, the ANC will automatically get your vote. i don't care who you vote for, as long as it is not the ANC. But please whatever you do, do not decide not to vote because the ruling party automatically gets those votes please please please

      HugoMabasa - 2012-05-28 21:31

      voiceinthemental hospital you are clinically insane,I think

  • Squeegee - 2012-05-28 14:03

    Great, we are tired of being the cash cow!

      Mark - 2012-05-28 14:59

      Yes and we are tired of politicians doing what they like. So sorry, Mr. Carlisle, These days we bite the hand that strays from taxpayers interests, be it a DA or ANC appendage.

      Angle - 2012-05-28 16:00

      Hi Squeegee, this road has been tolled for six years now - the users of this road have been paying up willingly but if the tolls are deemed illegal then there will be no more road and everyone loses.

  • denis.johnson.7771 - 2012-05-28 14:12

    As an aside, irrespective if lawfull or not this Toll plaza is a very wasteful expenditure.With only 800 cars max per day, when open,the econonmics are a sick joke on the tax payer.Seems that other aspects are at play.Most disappointed by the DA.

      Jacqui - 2012-05-28 14:42

      Someone went somewhere overseas, saw a Plaza and thought what a great idea to make money. No matter how much beauty is destroyed in the process. Greedy pigs.

      arthur.hugh - 2012-05-28 14:51

      Hit the nail on the head Jacqui - all about the moola. Moooola.

      Angle - 2012-05-28 16:01

      How is it wstefull expenditure if the province is going to recoup all its money?

  • Phumi - 2012-05-28 14:14

    I am glad that people are finally waking up to the fact that the DA is the shopsteward of the employer and big business who are only driven by prifits and greed!

      Nosiphom - 2012-05-28 14:24

      At least the employer creates jobs and employs people, is that not at least positive about employers ?? Only through profit can we create more jobs! Guys this communist rhetoric that has failed everywhere in the world, will bring us nowhere!

      Jacqui - 2012-05-28 14:43

      Phumi, sorry again you are hallucinating.

      richard.hipkin - 2012-05-28 14:56

      I have no idea what a prifit is?

      Oom - 2012-05-28 15:02

      Hey Phumi...stop being so racist...

      Johan - 2012-05-28 15:37

      This was originally an ANC project, they signed the contract (a very bad one at that)! I wonder why the ANC is so quiet about this whole debacle? DA improved the contract to save money, rather than breaking contract (which the ANC signed) which would have resulted in money lost on nothing!

      Theo - 2012-05-28 15:39

      @Phumi.What are prifits???

      eric.martinsich - 2012-05-28 16:10

      @Nosiphom. Just for info. Many countrieshave socialist systems and is working like a bom. Let me explain something. Cell C is owned By Oger.Neotel is owned by TATA, ABSA bank is owned by Barclays, Massmart is owned by Walmart.Sahara is owned by outside company.The mines etc is owned by outside companies.Should I go on. All of these owners take their profits out of the country. Everyone one of these companies have cut staff which has led to unemployment. Massmart was told to take their staff back. So Socialism is geat when our countries assets is owned by us and our people are employed and our assets are used to uplift our people.

  • Nosiphom - 2012-05-28 14:21

    Can we accuse the judge of being racist, antirevolutionary and interfering in the decions of the executive???

      Johan - 2012-05-28 15:40

      This article didn't even mention the judge! They are still arguing the case in court. This was the view of the applicants legal representation. The heading of this article is misleading.

  • Cape - 2012-05-28 14:27

    WELL DONE! I support the DA and their policies but this one was out of the ANC books!

      Johan - 2012-05-28 15:32

      This was an ANC project. They signed the contract! DA improved the contract rather than breaking contract. Did you ever wonder why the ANC doesn't use this as a political weapon against the DA??? I mean, this is a perfect opportunity for them!

      Keg - 2012-05-28 16:17

      ANC initiated this project and DA inherited it by the way

      HugoMabasa - 2012-05-28 21:35

      *claps* DA sheeple deserve an oscar now!as to how the ANC is responsible for this. . .

  • Jacqui - 2012-05-28 14:40

    Blooming good news. Now that fool Carlisle can come with his story again that Chapman's Peak drive may then never open again if they can't build this Plaza. Talk about trying blackmail, the sod.

  • richard.hipkin - 2012-05-28 14:57

    "R54m could rather build 3 schools". The DA have built 33 schools...

      mihaip007 - 2012-05-28 15:03

      agreed - AND let's not forget the R100mil and 45 cents youth kissing orgy bill that could have built twice as much schools!

  • Ben - 2012-05-28 14:58

    all M&R contracts disasterous look at Gautrain still not going

  • Theo - 2012-05-28 15:37

    If this thing does go forward I think a good name for it would be "Carlisles Folly"

  • Helmut - 2012-05-28 16:37

    Once in power there all the same

  • MSTRKRFT85 - 2012-05-28 16:51

    Have people actually seen the current "toll plaza"? it looks crappy with its containers and makeshift toll booths. Dont understand how people could man those booths in winter, nor how the people that work on the toll route can work out of containers. - Everyone seems so against the toll building... but it only a double storey? - looks better than the containers? - more secure for the workers who have been robbed before ( theres an article somewhere on news24) - the cost of dragging this to court has already increased the cost of this project. the information about the toll building is freely available on the westerncape website... take an actual look at the plans :) And if these hout bay residents get thier way, the goverment should just close the route instead of spending million fixing it after the rainy season each year

      fjhinds - 2012-05-30 00:36

      The toll is on a minor road, automated booth is all that is required to collect money to repair the road, not a huge 800m2 building that will be a White Elephant on the side of Table Mountain, R54Million could be better spent elsewhere not on a World Heritage area which is pristine & wilderness. Unhealthly precedent set by Provincial Government, who are breaking the Environmental Protection Act - this is a National Legislation which they MUST uphold! Entilini has rented 90m2 office space in Hout Bay (where 4 people have worked for 8 years) for R10 000 pm & they claim R1.2Million rental back per year, work that one out for yourself.... They do not require a huge double story building to service this MINOR ROAD. Recently I used the Durban Toll road from King Shaka Airport to Durban & we paid R4 ... if you use Chapman's Peak one way you pay R31, work that one out too... The fewer people that use this road the higher they hike the Toll Fee. It is daylight robbery by Murray & Robbers & Obbin the Robin ...

  • Patsy - 2012-05-28 17:33

    Do sanity and respect for the environment prevail at last???

  • mark.halbert - 2012-05-28 19:10

    DA are absolute hypocrites for opposing tolls in ANC territory whilst building them in the territory which it controls.

      Angle - 2012-05-28 19:23

      Mark, I feel that I am in the minority of people who have actually read the information that has been available by the WC Government which details how this was a hobbeson chioce by the DA. But please remember that it was the ANC that started tolling Chapman's Peak. The DA is just doing what has to be done to keep the road functioning.

  • lydonmcg - 2012-05-28 19:34

    Bunch of idiots cutting off their own noses to spite their faces. It's actually sickly amusing what's going to happen if they do succeed in halting construction. Because the plan they'll have to revert to under contractual obligations is FAR worse. And there's nothing they'll be able to do about it.

  • brainbowgold - 2012-05-28 20:15

    What happened to standing your ground on principle? This is what matters, no matter what damage has already been done. SimpliCity pressed ring a bell?

  • Honey - 2012-05-28 20:21

    Very simple - a rolling mass action to boycott the whole of Chapmans peak by any form of vehicle. How long could they keep up their daylight robbery if there were no customers? The corrupt people involved would move on to a new project, fracking or SKA tender rigging or something that would pay.Who's going to start this action? Come on all the bigmouths, get the Tshirt's and stickers printed, hand out the flyers and mount continous presence on both sides of the pass, publicising those companies that use the facility etc. ACTION PLEASE! NOW!

      HugoMabasa - 2012-05-28 21:39

      no no dont boycott...its bad or is it bad when ANC does it?

  • iain.marais - 2012-11-26 19:17

    Who signed the original deal? None other than the ruling party - they gave the permission to entilini. I agree that Robin Carlisle should have tried to halt the job but there is ultimately nothing that can be done when a tender or contract is given by national government. Provincial government is ultimately powerless to intervene.

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