New Chappies toll court bid launched

2012-04-23 13:18

Cape Town - A fresh application has been launched to urgently stop construction of the Chapman's Peak toll plaza in Cape Town, the Hout Bay Residents' Association (HBRA) said on Monday.

Resident Keith Fawcett said they approached the Western Cape High Court last week following a failed attempt in March to halt construction.

The HBRA maintained that the R54m plaza could not go ahead without Parliament de-proclaiming a portion of land that was part of the Table Mountain National Park.

Judge Rosheni Allie dismissed, with costs, the first application on the grounds that it was not urgent.

She said the applicants were aware as early as September last year that Western Cape Premier Helen Zille and transport MEC Robin Carlisle intended to continue with the project and construction.

She said the application did not comply with proper procedures, as inadequate time had been given for a sufficient response to the 346-page document filed.

The respondents were Entilini, of which Murray and Roberts is a senior partner, SA National Parks, Zille, Carlisle, and Water and Environmental Affairs Minister Edna Molewa.

Attorney Gregory Daniels, for the residents' association, said the urgent application was made on Thursday and he was waiting for all parties to respond.

"Last time, all of the parties did not have time to prepare. Here, we have time. We have set down May 28 as a tentative date for the matter to be heard, but this may change depending on people's schedules," he said.

  • lydonmcg - 2012-04-23 13:39

    Oh GET OVER IT already.

      Peter - 2012-04-23 14:51

      No we won't!! What will be next? An office park in the Kruger National Park for SANRAL? Think before you comment!!

      Andres - 2012-04-23 14:56

      @Peter: I think people are frustrated in the province by Hout Bay causing a stink against the incumbent provincial government, threatening to cast out an otherwise clean provincial administration. I think if Hout Bay Ratepayers got upset with the correct people and channeled the anger towards those who initially negotiated this less-than-ideal situation, other WCapers would be more understanding. However, there's often been an undertone of environmental hysteria when arguments are made.

      Sandra - 2012-04-23 15:22

      Yes you are right. They should spend this kind of energy on important things like rape, child abuse, corruption. Cannot believe they can waste so much time and money on a damn building

      ludlowdj - 2012-04-23 15:59

      its defeatist attitudes like this that have doomed this country to dust bowl status. you should be ashamed of yourself......go stand in the corner.

  • Hallo - 2012-04-23 13:53


  • Pierre - 2012-04-23 14:03

    I think Helen and Robin should make a short trip to Switzerland to learn about real democracy. Over there, citizens are consulted and their opinions respected when making these types of decisions.

      Phillie - 2012-04-23 14:11

      Zille is just another comrade cader in sheeps clothes

      Andres - 2012-04-23 14:16

      Do your homework before you spew untruths. Robin and Helen DID NOT approve the toll road, the then-ANC-run WCape Provincial Government approved the tolling of Chappies and part of the contract was the construction of TWO toll plazas (Noordhoek & Hout Bay). Robin negotiated this down to 1, with sandstone walls and Fynbos roof. Done, so that WCape taxpayers need not cough up to Entilini for breach-of-contract if they disallow any toll plaza. So, what would you prefer, all of us to cough up penalties to Entilini for breach-of-contract, or build 1 plaza per Robin's new settlement?

  • Philip - 2012-04-23 14:57

    Ja shame ... like I said before, these oaks are just wasting the states money ... stop it now, you are making fools of yourselves ... this is for the better. So make them take down the rock nets aswell ... then next time we can close the road for good ... no more hassles ... let's see you complain then that local government does nothing to re-open the road. Oh and there goes your tourism income down the drain .. jobs lost .. well done.

      Philip - 2012-04-23 15:02

      PS. ... the current booth looks like crap ...

      Neil - 2012-04-23 15:51

      A-Hole. Maybe you should educate yourself before you post. The law suit is being paid directly by residents of Hout Bay, and does not cost you or any other tax payers a cent. " these oaks are just wasting the states money"

  • DuToitCoetzee - 2012-04-23 15:09

    I was in Houtbay on Sunday and consider going to Chappies to see what all the fuzz is about, but being in the news so often I decided it is not worth it. Maybe all the disputes and negativity, that floats with it, make more people feeling like me. Not taking away what is right and who ever stands for it. I must admit I enjoy the ride from Houtbay to Campsbay more. It is prettier and more enjoyable, but that's me.( specially when you have a

  • ludlowdj - 2012-04-23 16:01

    Of course we need to actively oppose and confound any attempt to install tolling system in an province for any reason. Having a big mouth when it comes to the Johannesburg toll roads is not enough, we must maintain a steady pressure on government until the start serving us or until they are removed from power completely.

      Anton - 2012-04-23 20:45

      ludlowdi this is the most sensible comment I have seen. If you consider that the treasury wants to enter the court case on e-toll with the argument that “It will have a significant negative impact on future financing of roads and public transport if an interdict is granted against the implementation of the e-toll system.” Then it tells you what their plan is for our future. We will be forced to resist this at some point. If we are not going to do it now, then they will bulldoze on with this plan until we have no option but to resist.

  • pws69 - 2012-04-23 18:23

    I cannot support any kind of tolling, for the simple reason that these roads SHOULD have been paid for from the Fuel Levy. The history of the Levy. It was brought in to pay for road maintenance and construction. In the 80s the NP needed money for the war in Angola, so amended the act. Today, the ANC use this Apartheid amendment to waste and steal this money. It is easy to ring fence this Levy for its original intended purpose, but the ANC won't. Seem some things Apartheid driven are acceptable to the ANC.

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