2 February 2018
High Court of the Republic of South Africa, Western Cape Division, Cape Town
Case no. 21106/2014
Date: 2 February 2018
Judge: Gamble J
In this matter, the City of Cape Town approached court for an order directing the Respondent to comply with directives issued to it by the City of Cape Town in terms of the City of Cape Town’s Stormwater Management By-law, 2005 (by-law) and the Environment Conservation Act, 1989 (ECA). The directives were issued to the respondents as a result of the respondent dumping fill material in a floodplain. The City of Cape Town also requested an order declaring that it shall be entitled to enter the property of the respondent to undertake the necessary work to comply with the requirements of the directives as contemplated in terms of the by-law and ECA.
The court found in favour of the City of Cape Town and granted the orders requested.