THE Drakenstein Municipality wishes to respond to an article that appeared in the Paarl Post on 20 January and a related follow-up letter on 27 January.
In the article the Frater Trust is depicted as the victim of an unyielding municipality not acting in the best interest of those living within its borders.
The author of the letter, ostensibly fueled by the article and, on the face of it not properly informed of all relevant facts and circumstances, goes to great lengths to depict the Municipality as a corporate bully hampering development in Paarl.
In the same process Mrs Liebenberg, an affected and concerned neighbour, is discredited.
The intention of this response is to afford the readers the benefit of an informed opinion. The records of the High Court Cape Town are public documents and are open to scrutiny.
What is clear from the court papers is that the Municipality made it clear that it was in no way opposed to the development of the Frater Square property.
The Municipality is, however, legislatively bound to apply various acts in performing its functions including the provisions of the Land Use Planning Ordinance (which regulates the allowed usage of the land), as well as the National Building Act (which regulates all building activities). It is compliance with these laws that formed the subject of the court application.
Before the Trust could access the land for the purpose of the development, they had to first obtain a change in the zoning of the property and thereafter approved building plans.
In total disregard of the aforementioned, the Trust commenced and finalised the building work, and started operating the Primi Piatti Restaurant.
When the restaurant opened for business, the Municipality could no longer ignore the position on the property and was forced to approach the High Court for an interdict against the Frater Trust.
At that stage the Trust was in breach of various legal requirements and was operating a busines without the requisite zoning, without approved building plans, without an appropriate trading licence, without an occupancy certificate and without a valid liquor licence.
In granting the initial order, Judge Moosa stated: “The overwhelming and undisputed evidence is that the Trust with impunity and in scant disregard for the Rule of Law carried on its unlawful building operations.”
The Drakenstein Municipality, acting as the authority tasked with enforcing the orderly development within its borders, is bound to ensure that the rights of all are protected.
At this stage the court order and interdict has effectively been suspended as a result of an application for leave to appeal launched by the Trust, which application will be heard shortly.
May Carolissen (spokesperson)
Drakenstein Municipality
