Western Cape High Court Acting Judge Paul Farlam has declared the City of Cape Town installation of a sewerage pipeline constructed over a Hout Bay property unlawful.

A Cape Times report says Farlam ordered that the current sewer line which crosses the property, and is described by land owner Rosevean Investments as an ‘unsightly pipe’, is to be removed within 15 months.

According to the judgment,the sewer line located on the slope of a mountain was installed during 2020 due to the disposal of sewage from its location being ‘difficult’.

The sole director of the Rosevean property – who lives in Arizona – was represented by her foster son in a meeting held by neighbours in the absence of a city official in October 2020 where the owner of a hotel, a respondent in the matter, gave an overview of the sewerage issue and his proposed solution and impressed upon those present the need to solve the sewerage problem.

‘There is nothing to indicate that the city notified Rosevean before installing the contentious sewerage pipeline. That was also doubtless why the city officials and (the external contractor) entered the Rosevean property via a neighbouring property, rather than via Rosevean property’s front entrance. Whether deliberately or otherwise, the city officials did not contact Rosevean during September and October 2020 and were not even able to be reached by Rosevean’s representatives (who made various outreaches) until after the pipeline had been constructed. The high-water mark of the city’s position is that Rosevean should supposedly have been aware that the city’s contractor, had entered its property via a neighbouring erf and was constructing a sewerage pipeline, but did not object. That is clearly insufficient to meet the notification and consultation requirements,’ the judgment read.

Full Cape Times report

Judgment