Carlo Petersen
TEARS of jubilation were shed in the Western Cape High Court yesterday after 26 Wynberg families claimed victory in a “David and Goliath” battle against the City.
Chants of “Amandla” echoed through the court building’s hallways after Acting Judge Leslie Weinkove ruled in the families’ favour, to effectively halt the City from continuing with plans to build a MyCiTi bus route through the Wynberg area.
Judge Weinkove ruled that if the City is to proceed with its plan, a “meaningful public participation process” must be implemented to discuss alternative routes.
The judge also ordered that the City pay costs for the application and for the applicants’ counsel.
The ruling halts the City from demolishing more houses and issuing termination of lease orders to residents, unless it is done lawfully and is not related to the City’s plan to build the bus route.
Were it to be implemented, the bus route would connect Khayelitsha to Wynberg and cut through the residential area in South Road, leaving 26 families homeless.
“I don’t think words can begin to describe how I feel. This is a massive, massive landmark victory for the people. It was a David and Goliath battle and shows that we need to hold our officials accountable,” South Road Families Association (SRFA) chairperson Clive Muller said outside court.
The SRFA had made an urgent application on April 29 for a court order to be granted on four terms:
lThat the application be heard as a matter of urgency.
lThat the City engage the SRFA in meaningful public participation.
lThat the City is interdicted from enforcing termination of lease agreement notices given to the 26 families.
lAnd interdicted from demolishing the properties occupied by the families.
SRFA advocate Thabani Masuku argued that the City used “intimidatory tactics” on the South Road families when issuing residents with termination of lease notices in December last year. The SRFA expressed dismay and the City then demolished three vacant houses in the area.
“This was a blatant scare tactic to say to the residents ‘you are next’,” Masuku told the court.
Only after being hauled to court on March 31 did the City admit it had erred in issuing the notices and demolishing the houses.
The City’s attorney, David Borgstrom, told the court the notices were “prematurely” handed to the residents and that the City demolished the houses without consent from a full council.
Borgstrom said the notices were handed to the residents because many of them owed the City rent money, and that the three vacant houses were demolished because they were dilapidated.
SRFA advocate Samkelo Dzakwa questioned the City’s ratification of Phase 2A of the MyCiTi project, saying there was no public participation and alternative routes had not been considered.
“The City should have conducted public participation before planning Phase 2A. It is our contention that Phase 2A might in the minds of the City be in its planning phase, but in actual reality it’s already in its implementation phase.
“If it were in its planning phase, there would be no need to demolish those properties,” Dzakwa told the court.
ANC councillor Bheki Hadebe, a transport portfolio committee member, said: “Similar to what happened in Bonteheuwel recently, we see that the City is intent on not consulting with the public.”
Disappointed Mayco member for transport Brett Herron said they would study the ruling to decide the way forward.
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