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Tuesday, 25 August 2015

Court rules for bowling over pupils

Cape Town - Camps Bay Bowling Club members will be able to enjoy their greens for a while longer following a recent court ruling.
The Western Cape High Court overturned the city council’s decision to change the club’s lease conditions so that it fell within the ambit of the Western Cape government which, in turn, gave notice to the bowling club to move premises.
Mayco member for Finance Ian Neilson said: “The initial decision of council is, therefore, reverted to, which is that the Western Cape government must obtain a rezoning of the property before the lease is entered into. The bowling club can remain on the premises until the rezoning is completed, or until the expiry of their lease in 2018, whichever comes first.”
The Western Cape Department of Education had sought to rezone the land, on which the club is located, for the expansion of Camps Bay Primary School’s preparatory campus.
Jessica Shelver, spokeswoman for Education MEC Debbie Schäfer, said the situation was unfortunate for the pupils at the school. “The effect is that the club can continue using its facilities for the benefit of its few members (about 65) of the club, whilst the children will continue to be denied access to sport and recreational facilities, especially given that there is another club within 1.2km which could easily accommodate members of both clubs.”
She said that the education department would continue with the rezoning process.
Four alternative sites in Camps Bay were also looked at by the department, and each had its own sustainability and rezoning challenges, according to the school’s website.
“The land formerly leased by the Camps Bay Bowling Club appears to be the most viable in terms of cost, proximity and immediate utilisation of the land,” read the website.
The club once boasted 300 members and had three bowling greens of 6 700m2.
The school argues that 245 Grade R to Grade 2 pupils were “squeezed onto two 670m2 of land across the road. The school was forced to relocate a satellite class of Grade 2 learners to the primary school and had to add an additional classroom to accommodate the Department of Education’s three-stream system.”
The club’s Matthew Bater said discussions would continue with the school to find a way forward.
“Despite the judgment being given in our favour, I point out that the Camps Bay Bowling Club is committed to finding a shared solution that will see it, the school and the community enjoying the property it currently occupies.”
Bater added that the club was happy with the decision as “it allows the affected parties an opportunity to achieve the shared solution the club has always been desirous of achieving.”
Camps Bay Primary School principal Stuart Collier said he was disappointed with the decision.
“It is quite a long wait to 2018 as the school is overpopulated.
“The parents are also disappointed because they were hoping to get access to the underused facility, there is a gravel parking lot that is not utilised at all.
“We were really hoping we would get access to a portion that would be developed as a play place.”
He added that when the school obtains access to the land on or before 2018, it hopes to use the space to create more classrooms as well as sports fields.
yolisa.tswanya@inl.co.za
Cape Argus

Read the judgement ‹‹here››

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