Cape Town - Lawyers for the Hangberg community in Hout Bay will approach Western Cape High Court Judge President John Hlophe to have a date set for oral hearing in their case against the City.
The matter was heard by Judge Elizabeth Baartman on Friday. The Hangberg community brought an application to declare the City in contempt of a peace accord struck in September 2010 which later became a High Court order in 2011. In terms of the accord a piece of land in Hangberg was set aside for housing development.
According to papers the City used the land for a recycling depot.
The electricity depot project is being built on erf 9652 in Hangberg. It is one of four pieces of land purchased by the City to build houses for the people of Hangberg.
In November the City said it was weighing up options to provide alternative housing to Hout Bay residents after about 93 people were displaced when a fire ripped through a section of the Hangberg improvement development area. Families were moved to the Hout Bay civic centre as an interim solution, while the authorities found alternative housing for them.
Energy and climate change mayco member Phindile Maxiti previously said the City was unable to develop the land for housing due to various factors which complicated the process, including an air-quality study which disallowed residential development.
The environmental assessment report, compiled in 2014, states that the fish meal factory in Hout Bay harbour was generating potentially harmful emissions that pose a health risk to the residents on the proposed site for housing development.
After listening to both parties Judge Baartman noted that there were a number of disputes of fact which should be referred for oral evidence.