The Hout Bay Residents’ Association will apply for a court interdict to stop construction on the Chapman’s Peak toll plaza in Cape Town, it has been confirmed. Construction has begun at the site, and lawyers representing the movement have been drawing up the interdict to halt the R54 million project.

The public’s legal challenge to halt construction of a toll plaza and luxury offices on Chapman’s Peak has been set in motion.

Thus far, both the association and the authorities involved with construction have refused to budge, claiming they’re both in the right.

Lawyers acting on behalf of the Hout Bay Residents’ Association hoped that they would be able to serve papers on those involved in the construction of the project by Monday.

On Tuesday this week, the lawyers 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 on Chapman’s Peak Drive.

Transport MEC, Robin Carlisle, confirmed the provincial government had received the letter, and that their legal team was looking at it:

Our legal people are looking at it. We will carry on [construction] until and if they advise us otherwise.

The public opposed to the toll infrastructure, argue that it is unlawful to build in a national park unless the land concerned had been deproclaimed, an act that can only be done by Parliament.

SANParks told the Cape Times last month that this process was “under way”.

Greg Daniels, a lawyer for the association, explained that they were in the final stages of drafting the papers against the construction:

Hopefully we will get to serve the papers by Monday the latest. The interdict is to stop the construction of the associated structures of the toll plaza and extended reserve.

We feel that the officials have not complied with all the legal requirements.

Even Unesco has joined the feud after being alerted by the public, but it said it’s trying to get more information in order for it to “to take appropriate action”.

[Sources: EWN, IOL] [Image: Philippa Dods]