CTMCA’s rival group, the Kaapse Klopse Karnival Association (KKKA), and the SAPS were also served with papers on Thursday. All parties were given until Tuesday to file an intention to oppose the action.
The City confirmed it would respond to the court papers.
CTMCA chief executive Kevin Momberg said it wanted the city to rescind its decision to turn down five applications submitted at the beginning of the year to hold the minstrel events which included the Tweede Nuwe Jaar parade and three other street parades.
He said the organisation regarded the decision as unlawful and unreasonable as it was based on “flimsy reasons”.
Momberg said the application for the use of the city-owned Athlone Stadium for the competition was also turned down on the basis that a risk assessment grading certificate had not been obtained. This, he said, was the responsibility of the police and the certificate was received only on Friday.
“We have held these events over years, we have a right to continue holding them.”
He also claimed the CTMCA’s involvement in ANC-linked events including its birthday celebrations in 2016, the State of the Nation address in February and no-confidence march in President Jacob Zuma in August may have prejudiced it.
“We took part in those events at the invitation of the ANC and we would have done so with other parties,” Momberg added.
The Tweede Nuwe Jaar event has been a source of contention in the past.
Last year, the CTMCA took the city to the Cape High Court after its application for funding was turned down. But the court turned down the application and the KKKA was granted the permit for the Tweede Nuwe Jaar event.
The KKKA’s Muneeb Gambeno said the organisation would oppose the court action.
“No one can claim sole right to the event. No one can own it. We need to look objectively and ask whose interest is being served? No person or organisation can monopolise it."
Dates for the hearing are to be arranged.