Cape Town – After a lengthy David versus Goliath battle, the Western Cape High Court has ruled in favour of Philippi Horticultural Area (PHA) farmers and activists who challenged a 2011 provincial government decision to shift the urban edge of prime agricultural land for development.
The court said that the rezoning permission and environmental authorisations for the development, known as Oakland, were to be returned to their respective appeal bodies for reconsideration.
“The appeal against the environmental authorisation granted by the first respondent (Local Government, Environmental Affairs and Development Planning MEC Anton Bredell) is set aside and remitted back to the first respondent for reconsideration in terms of section 43 of the National Environmental Act 107 of 1998,” Judge Kate Savage’s judgment read.
“In my mind, it is just and equitable to remit the matter to the General Appeals Committee for a reconstituted appeal process to take place.”
The Oakland land is situated in Schaapkraal, Philippi, and bordered to the east by Mitchells Plain.
It makes up around 20% of the “Philippi area”, reserved in 1968 for horticultural use.
Activists had campaigned for eight years to save the land, and in October went up against the province and developers in court.
They averred that developments on the land would threaten the livelihoods of emerging farmers and their workers, and place local food security, and the 630km² Cape Flats aquifer in jeopardy.
After this week's victory, PHA campaign chairperson Nazeer Sonday said: “In a precedent-setting ruling Judge Savage directed that South African municipalities must specifically take climate change and water scarcity into account when making planning decisions.
“This is a victory for the Cape Flats Aquifer and against future developments and continuing land speculation in the PHA.
“It’s a great day for the PHA farmlands, a great day for farmers and farmworkers and for Cape Town.”
Bredell’s spokesperson, James-Brent Styan, said: “The only issue the court has raised with the department for further investigation is the question of the impact on the underground aquifer in relation to climate change.
“Bearing in mind there may be additional information pertaining to the aquifer and climate change available today that may not have been the case at the time the MEC made his decisions, the MEC will consider the judgment in detail before taking any final decisions as to the way forward.”
Sonday said they would be seeking legal advice on how to proceed in getting full protection for the PHA.