Cape Town - Lawyers representing Sea Point workers objecting to the controversial sale of the Tafelberg site, and the provincial government are at loggerheads over an extension for a decision on the proposed sale of the land.
The Ndifuna Ukwazi (NU) Law Centre has strongly refuted claims by Western Cape Premier Helen Zille’s office that the organisation refused to grant it more time and had failed to provide reasons for the urgency its clients attach to its decision about the sale of the site.
This came after Zille’s spokesperson Michael Mpofu said NU declined to agree to a request to extend the period for provincial government to consider public comments.
Mpofu said the high volume of comments received could not practically be considered within the current time frame of June 9 to July 9.
About 5 000people commented during the recent second public-consultation period on the proposed sale and every comment deserved a fair and proper consideration, according to Mpofu.
The sale of the site to the Phyllis Jowell Jewish Day School for R135 million was stopped after an agreement between provincial government and NU lawyers for Reclaim the City supporters was made a high court order in April. Reclaim the City and its supporters wanted the land to be used for affordable housing.
Mpofu said no one foresaw having to consider about 5 000 representations within a period of one month when the terms of this order were agreed to.
“The attitude taken by Ndifuna Ukwazi to our request is most unfortunate. It also appears to contradict the position they and their clients have taken to date, that their comments on the proposed sale must be taken into account before any decision is made,” he said.
While the Phyllis Jowell Jewish Day School has agreed to an extension, the provincial government will be forced to approach the high court for an order on the extension if NU does not reconsider the extension, said Mpofu
“We have no doubt the high court will agree with us, and further agree that a reasonable amount of additional time to consider all public submissions is warranted and should have been agreed to by Ndifuna Ukwazi.”In a statement, NU said it has responded in writing to request for an extension, and has proposed an extension of the decision until July 31.
“Further delays are consistent with the Western Cape Provincial Government’s dismissive approach in this matter since correspondence began between the parties in February 2016 despite the fact that provincial government knew it was in breach of the law in the disposal of the Tafelberg site, as the settlement order correctly states,” the statement read.
The organisation said the provincial government was aware of the arguments on the Tafelberg matter during the submissions period.
“In addition, NU compiled, read, sorted and indexed 937 written submissions for the convenience of the province and to facilitate diligent decision without delay as is constitutionally required. Additional submissions were signatures on a petition.”
Cape Times