Tokai forest tree felling judgment next year
There will be no felling of pine trees in lower Tokai until at least the first quarter of next year after judgment was held over in the Western Cape High Court, notes a Cape Argus report. Judge Pat Gamble, who heard the case brought by Parkscape against forestry company Mountains to Oceans (MTO) and SA National Parks (SANParks), claiming they had contravened the Tokai Cecilia Management Framework, said judgment would only be expected next year as he had other matters to attend to.
Advocate John Newdigate SC – for applicants Parkscape – said a SANparks report and an information document outlined the harvesting of pines by MTO over the 20-year lease signed in 2005. He said an extensive public participation process – with pine tree versus the fynbos factions as well as other stakeholders, including the City of Cape Town – had taken place before the Tokai Cecilia Management Framework was drafted.
The framework refers to transition areas where non-invasive trees will be planted for shade and that felling in that area would be finished in 2025. He said the decision to accelerate the felling had been a commercial one, describing it as ‘procedurally unfair’ and that it should be set aside. MTO Advocate Alec Freund SC said that not accelerating felling would result in the company incurring expenses and missing deadlines which were set in terms of the lease and subject to an annual review.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





