Legal advice given to the City of Cape Town reveals that the development plan for Maiden’s Cove was irregular and the City was advised not to proceed with the development. A Cape Argus report notes legal advisers JJ Gauntlett SC QC and FB Pelser said in papers: ‘We consider that the process followed to date with regards to the Maiden’s Cove development is irregular and will be set aside on review. This despite the delay.’

It also advised the city not to file answering affidavits. The legal advisers also said all the rounds of public participation were distorted. The city was also warned that if it challenged the matter, the decision was mostly likely to be set aside because processes had been irregular and it failed to comply with the laws for disposing of public land.

‘That is exactly why we went to court because we knew that it was irregular; this is a protected area with rich environmental aspects and there are clear laws about this,’ Maiden’s Cove for All (MCA) patron, retired Justice Albie Sachs said.

He said that MCA would like to engage with the city on the development. The developers had planned to build more than 50 houses, a hotel‚ a shopping mall and a 700-bay car park.

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