Cape Town - The City has said it will be monitoring the situation on the use of public land that adjoins Bloubergstrand’s Dolphin Beach Complex after claims by a former resident that he was showed off the property and his guests harassed even though they were on public land.
Former resident and businessman Arie Levy claims the property’s trustees and body corporate harassed him and his guests several times, even though they were on public land in front of the complex.
Levy, who until recently owned two properties in the complex, claims that in one incident on December 30 last year, before he sold his property, he had organised an event to feed the homeless on public land that borders the complex and was threatened with arrest for doing so.
“I am talking specifically about ERF10066 and ERF 15581, which as far as I know are public spaces.”
Levy claimed that another time he had other guests and that while they were on the public land in front of the complex, they were followed around and intimidated by security guards employed by the complex.
He also claimed that the complex management had illegally put up water tanks on the dunes and set up a plant nursery on public land and this was against the City’s zoning for the property.
Marriman Peare, who owns properties in the complex that she rents out on a short-term basis to visitors to Cape Town, also claims that her guests have been harassed on the grounds and that the body corporate and trustees have told her that they must approve her clients before she rents out to them.
With regard to the ownership of the contentious Erfs, Mayco member for spatial planning and environment Marian Nieuwoudt said: “Dolphin Beach Complex is currently rehabilitating the dune cordon adjacent to their property.
“The presence of plants and water tanks are therefore for purposes of rehabilitating the dune. The presence of these items is not for commercial purposes.”
As for members of the public being prevented from accessing the land, she said the City does not support the public being prevented from accessing the area and would be monitoring the situation closely to ensure that this remains the case.
Chairperson of the trustees Kobus Botha denied accusations of harassment and prohibiting access to the land by members of the public.
“According to the servitude agreement the body corporate has the right to regulate the public’s access points, to protect the vegetation and infrastructure, but not to prohibit public access to the land.
“Special footpaths are designed to keep the residents and the public off the dunes and the flowerbeds. The security of Dolphin Beach therefore does not prohibit the public from visiting the land, but they do monitor both the movement of the public and the residents to ensure that the sensitive dune area is preserved,” said Botha.