Cape Town - Legal advice given to the City of Cape Town reveals that the development plan for Maiden’s Cove was irregular.
The Cape Argus is in possession of papers in which the City was advised not to proceed with the development.
Legal advisers JJ Gauntlett SC QC and FB Pelser said in papers: “We consider that the process followed to date with regards to the Maiden’s Cove development is irregular and will be set aside on review. This despite the delay.” It also advised the City not to file answering affidavits. The legal advisers also said all the rounds of public participation were distorted.
The City was also warned that if it challenged the matter, the decision was mostly likely to be set aside because processes had been irregular and it’s failed to comply with the laws for disposing of public land.
“That is exactly why we went to court because we knew that it was irregular, this is a protected area with rich environmental aspects and there are clear laws about this,” Maiden’s Cove for All (MCA) patron, retired justice Albie Sachs said. He said that MCA would like to engage with the City on the development.
“We are ready to discuss with them the proper approach to the development and ensure that Maiden’s Cove is open for all.” MCA have been engaged in a legal battle with the City over its decision to sell 5 hectares of prime coastal land between Clifton and Camps Bay for R1.5 billion.
The developers had planned to build more than 50 houses, a hotel a shopping mall and a 700-bay car park.
The non-profit organisation submitted court papers earlier this year to the Western Cape High Court opposing the development.
Other applicants in the matter include the Bungalow Owners’ Association and residents of Clifton. In court papers, the organisation accused the City of Cape Town of the entire process being flawed because it flowed from a flawed premise that the City could pre-determine a development plan in respect of a public piece of open land such as Maiden’s Cove.
The City announced last year that its immovable property adjudication committee had awarded a R1bn tender for the development of the Clifton Precinct to private developer K2015298271 South Africa (Pty) Ltd.
The legal advisers also said that since the City first took the decision in January 2015, it had not fully complied with two crucial municipal legislations. It said that the City had failed to tell the public exactly what the value of the land was and how much it intended to make from disposing of it. Stuart Diamond, Mayco member for assets and facilities, had not responded at the time of going to press.