BEACHFRONT HOTEL CASE JUDGMENT: City of Cape Town Open Letter

Dear members of the Camps Bay and Clifton Ratepayers Association (CBCRA),

This week the Western Cape High Court dismissed the application by the CBCRA (and one

other) to overturn the City of Cape Town’s approval of the Camps Bay Beach Hotel

development.

The Court found no basis for the application, “no reviewable action by the City”, and found

the City’s decision to have been “lawful and reasonable”. The Court also ordered the

applicants - the CBCRA - to pay the costs of three Counsel. (The full Court judgement is

available here, and is recommended reading for those interested)

The City appreciates an open and frank relationship with all ratepayers’ organisations, and

particularly appreciates residents who are involved and interested in their communities.

These engagements should be conducted with mutual respect, professionalism, on a truthful

basis, and with appreciation of context.

However, in March 2024, the CBCRA distributed a newsletter to residents about this case

which went beyond mere criticism, stretching to impugning the integrity and motives of the

City’s decision making processes.

The intemperate and inflammatory language used by the leadership of the CBCRA in the

newsletter in question, especially when read against the findings made by the High Court, has

led to us deciding to take this step to publicly correct the record:

 The City receives and processes thousands of land use and building applications a

month. Our processes have been tried and tested many times, and (as in this case)

have overwhelmingly stood up to scrutiny. Of course there is always the potential for

error, and the regulation of development in Cape Town is increasingly a very litigious

space. Nevertheless, our processes have been developed to ensure integrity,

community participation, and balance the interests of current residents and those who

wish to be future residents in proposed developments.

 The City does not “support development at any cost”, as evidenced by the many

development applications which we do not support, which decisions are also often

litigated.

 The City considers each application on its merits, without fear or favour, and

processes these in terms of transparent policy and legislation.

 Camps Bay and Clifton are amongst the most desirable places to live in all of South

Africa, even in the world. It is not unexpected or surprising that there would be great

interest in development in this desirable part of the city, and residents should expect

that and plan for it.

 The Court found no substance to the claims of contempt or malicious delay.

 The Court did express the view that the constitutional challenge raised by the CBCRA

appeared an “afterthought”, was “very disconcerting”, and that this kind of challenge

“should not be encouraged”.

In the circumstances, the City intends to fully enforce the judgement and will recover costs in

full from the CBCRA and co-applicants, as these are ultimately public funds being expended

on unnecessary litigation.

We urge the leadership of the CBCRA to adopt a more temperate and constructive approach

in future, and we commit to continuing to work together in the spirit of shared passion for our

city.

Kind Regards,

CITY OF CAPE TOWN