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 R5 million, or 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 R54 million 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 early in the morning, 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. – Sapa