Sir /Madam
The proposed
amendments to the City's system of delegations for Economic, Environmental and
Spatial Planning (EESP) matters, refers.
The general public
are probably not aware that the City Council, in conjunction with the Mayors
Office, have proposed that public participation (the rights of neighbours and
civic groupings to meaningfully object to planning applications that do not
comply with the law) will, within a few weeks, be removed from all further
development proposals, thereby giving the City the power to approve any development
they wish with little or no concern to how this would effect the surrounding
neighbours and the environment.
Under the guise of
improving the City’s efficiency, the public’s right to comment has, as its
final arbiter, a non-accountable City planning official.
Currently, the
various Subcouncils comprised of locally elected and PR politicians, are tasked
with deciding on planning applications that require departures, consent use,
etc. Although not perfect, it is at least democratic and passes constitutional
muster.
The amendment will
now withdraw decision-making representation at local level - adding to Mayor de
Lille’s summarily withdrawing of the SPELUM Committee's (the committee tasked
to decide environmental and policy related issues) decision-making powers last
year. Currently, SPELUM can only make recommendations to the Mayoral committee,
whose decisions, in turn, cannot be appealed.
Not only will
officials now be empowered to make unilateral decisions, those decisions may be
premised on policy and not on law. There is a raft of case law from the various
High Courts, especially the Western Cape, which has questioned the City's use
of policy rather than laws to make administrative decisions - and such
decisions have routinely been set aside.
The Mayor is
quietly attempting to push this amendment through a full sitting of Council
scheduled for August whilst the DA caucus has effectively gagged dissenting
councillors. All attempts by various civic/ratepayer groupings to properly
consult with the DA in this matter have been met with a stony silence - other
than the rather inadequate spin of Cllr Gareth Bloor, which has been published
in the various broadsheets.
It is clear that the
City is intent on fulfilling Premier Zille's promise to developers to take
their rather arduous task of personal financial reward from "red tape to
red carpet": And the consequences for long-term sustainability, the
environment and constitutional rights will be sacrificed on the altar of
political expediency.
The only option
open to all citizens who value the freedoms of a liberal democracy and their
right to effective participation in civic matters of concern to them, is to
phone or e-mail your Ward councillor, the Mayor and their local DA
office and demand that this amendment be struck from the agenda and consigned
to the political scrap-heap of bad ideas.
That would be true
democracy in action.
Kind regards
Chris Willemse
Chair: CBRRA
