Cape Town – The DA has given the government until 10am today to justify the closure of beaches along the Garden Route, failing which it will head to court.
An initial deadline of 5pm was extended yesterday after the government requested more time to provide the reasons for beaches on the Garden Route remaining closed until January 3. The DA maintains the closures are not in line with scientific advice.
DA leader John Steenhuisen says they want similar restrictions to those imposed on KwaZulu-Natal beaches, which will only be closed on public holidays, December 25, 31 and on January 1 to 3.
The Great Brak River Business Forum, AfriForum and a guest-house owner have also filed an urgent court application in the North Gauteng High Court in a bid for Garden Route beaches to reopen during the festive season.
In the court papers, Great Brak River Business Forum chairperson Wilhelm de Wet, guesthouse owner Louis Cook and AfriForum argue that the decision to shut down Garden Route beaches between December 16 and January 3 was draconian and inconsiderate, and was against the interest of thousands of people who are employed in various sectors in the area.
The respondents on the matter are Cooperative Governance Minister Nkosazana Dlamini Zuma, Health Minister Zweli Mkhize and the Western Cape Government.
The applicants argue in court papers that the decision has a dire impact on the Garden Route region.
“The Cogta minister did not invite representations or submissions from interested parties, including key role players within the tourism sector in the affected and targeted areas, particularly the Garden Route District, regarding the intention to enact these stringent and harmful impositions.
“It is respectfully submitted that the promulgated Regulations 69(12) (a) - (d) imposed on December 15, 2020, constitute procedurally unfair administrative action because the regulations materially and adversely affect rights of the applicants and, secondly, the Cogta minister failed to follow a notice and comment procedure before promulgating the Regulations 87 88 89.
“The regulations exist without discernible or actual distinction, and they bear and/or exhibit zero rational justification for the restrictions that they seek to foist upon the applicants, their members and South Africans generally,” said De Wet in the filing affidavit.
Garden Route District Municipality mayor Memory Booysen said: “We are not satisfied with these regulations and we are challenging it with the Presidency.
“What we want is some leniency because why should we be treated any differently to KwaZulu-Natal? We want at least some people to spend time on the beach.
’’This will have a devastating impact on the businesses surrounding the beaches and the accommodation industry.”
IOL