The first round has begun in the public’s legal challenge to the authorities to halt construction of a toll plaza and luxury offices on Chapman’s Peak.
On Tuesday, attorneys representing the Hout Bay Residents’ Association wrote to the provincial government, SANParks and toll road concessionaire Entilini warning them that the association was to apply for a court order interdicting construction of the toll infrastructure in Chapman’s Peak Drive.
The public had been told that Entilini, of which Murray and Roberts is a senior partner, would start building in the Table Mountain National Park and World Heritage Site tomorrow. They argue that this is unlawful.
So far, the construction has been restricted to the road reserve of Chapman’s Peak Drive, not on national park land.
They intended serving the papers by Monday next week. The residents’ attorneys suggest it would save Entilini and the authorities money if they stopped construction in the meantime.
The public opposed to the toll infrastructure argue that it is unlawful to build in a national park unless the land concerned has been deproclaimed.
This can be done only by Parliament.
SANParks told the Cape Times last month that it supported the toll infrastructure project and that the deproclamation process was “under way” to make the land available.
Unesco has also become involved in the issue after being alerted by the public and has said it is trying to get more information in order “to take appropriate action”.
Asked to comment on the lawyer’s letter, Transport MEC Robin Carlisle confirmed the provincial government had received it.
“Our legal people are looking at it. We will carry on (construction) until and if they advise us otherwise,” Carlisle said yesterday.
SANParks and Entilini Concession were not available for comment. - Cape Times