The Bungalow Owners Association were left in limbo yesterday after the Western Cape High Court referred the ongoing Maiden’s Cove matter to the judge president for further insight from a different judge.
Judge Vincent Saldanha referred the matter to Judge John Hlophe to allocate a judge to read all the relevant documents. The application was brought before the court by celebrity attorney Billy Gundelfinger, who owns a bungalow in Clifton and is a committee member of the Bungalow Owners Association.
Represented by Kate Reynolds, applicants who were in court yesterday were disappointed to learn that the outcome was further delayed even though the city and the developer had withdrawn their opposition of the application.
In court papers, the applicants charge that the city failed to follow due process in awarding the contract and that public participation had been superficial.
The city’s and the developer’s withdrawal meant that the matter would go before the court unopposed and on agreement with all parties involved.
However, Judge Saldanha said the matter was of a serious nature and required a judge to sit and read through all the documents before granting an order.
The city awarded a consortium called K2015298271 South Africa (Pty) Ltd the contract in September 2017, saying the proposed development would improve “public access to the beach, ocean and recreational facilities as well as protect the natural vegetation, enhance local and international tourism potential, and unlock investment to drive job creation”.