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
