Cape Town - The City of Cape Town had received 15 public comments on its bid to take control of five small city harbours.
The harbours are owned by the Department of Public Works (DPW) and managed by the Department of Agriculture, Forestry and Fisheries (DAFF), but the city council contends that they are mismanaged and wants to take control of them.
The council has proposed a draft harbour by-law which would see the city take control of the management of Gordon’s Bay Harbour, Granger Bay Harbour, Hout Bay Harbour, Kalk Bay Harbour and Murray’s Bay Harbour on Robben Island.
Poor management of Hout Bay harbour, among others, has been called into question as they pose a safety hazard. Picture: Ross Jansen
Deputy mayor Ian Neilson said DAFF had submitted its response as part of the public participation process, and DPW representatives had met with city officials "to provide their input on the draft by-law and discuss how best to work together on implementing it".
The Public Participation Unit was compiling a record of comments which would be submitted to the city’s legal team for evaluation.
Picture: Ross Jansen
"Once all internal processes are completed, the draft by-law will be submitted to Council for adoption. If Council adopts the by-law, it will be implemented and all relevant parties will be required to adhere to the law. The City assumes that all parties will uphold the law," Neilson said.
Picture: Ross Jansen
But DAFF spokesperson Bomikazi Molapo said the department was "mandated by the Marine Living Resources Act of 1998 (MLRA), sections 7 (5), 9 (3), 12 (2) and (3), 39 (2), 45, 47, 50 (1), 77 and 80 (2)" to manage the harbours.
Picture: Ross Jansen
"Please note that in the case of conflicts with any other legislation, the MLRA prevails when it comes to management of marine resources and proclaimed fishing harbours. In this case the City of Cape Town’s proposed by-laws for fishing harbours cannot supersede the MLRA," Molapo said.
Picture: Ross Jansen
Neilson said the city had taken legal advice on the constitutionality of DAFF’s assertion and the conclusion was that "the assertion of authority, and the regulations that purportedly authorise this, did not survive the repeal of the Sea Fisheries Act".
At least 17 sunken ships and trawlers were left where they sank, with their rotting, rusting bits breaking the surface and ruining the view. Picture: Ross Jansen
"Alternatively, even if they did, this would be unconstitutional as it encroaches on the constitutional mandate of municipalities to manage harbours, other than national ports, within their jurisdiction," Neilson said.
DPW said it would comment on the matter on Thursday.