As the City of Cape Town (CoCT) continues to grow, so does the complexity of managing its development and land use. This growth has prompted numerous amendments to the Municipal Planning By-law, with the latest proposal being the sixth in just eight years. While the intention behind these amendments may be to streamline processes and accommodate the city’s expanding needs, the Collective Ratepayers’ Association (CRA) of the CoCT believes that the approach taken by the city is deeply flawed, particularly regarding public participation.
“Public participation is not merely a bureaucratic exercise; it is a fundamental principle of democracy. It ensures that the voices of those who are most affected by legislative and policy changes are heard and considered. In the context of urban planning, this means that residents have a say in how their neighborhoods are developed, how land is used, and how changes will impact their lives” shares Bridgette Lloyd, Spokesperson of the CRA and member of the Summergreens Ratepayers’ Association.
The Constitutional Court of South Africa has underscored the importance of public participation in several rulings. In the case of Mogale and Others v Speaker of the National Assembly and Others, the Court highlighted that public participation acts as a safeguard to prevent the marginalization of vulnerable communities. It is a crucial mechanism for ensuring that all citizens, not just those with power and influence, have a role in shaping the laws and policies that govern their lives.
“Unfortunately, the CRA’s experience with the City of Cape Town’s public participation processes suggests that these processes are treated as formalities rather than genuine opportunities for engagement. There is little evidence that the city takes resident feedback into account when making decisions, and this lack of meaningful engagement has led to increasing frustration among residents. In some cases, it has even resulted in costly litigation, as individuals and community groups feel compelled to take legal action to have their voices heard” adds Lloyd.
The CRA believes that the current two-month period allocated for public participation in relation to the proposed by-law amendments is insufficient. The complexity and potential impact of these amendments require more time for residents to fully understand the changes and provide informed feedback. The association is therefore calling for an extension of the public participation deadline from 23 September to 30 November 2024. This extension would allow for more thorough public engagement and ensure that the process is not rushed.
In addition to extending the deadline, the CRA is advocating for the commissioning of an Impact Assessment Study (IAS) to evaluate the potential effects of the proposed amendments on various aspects of city life. This includes the impact on local infrastructure, property values, traffic congestion, and service delivery. Such a study is particularly important if the amendments will lead to the construction of multiple dwellings on single plots of land, which could have significant implications for the service delivery based on the restricted capacity of affected neighborhoods.
The CRA also recommends that the city publish the results of the IAS and reopen the public participation process after the study has been completed. This would ensure that residents are fully informed about the potential impacts of the amendments and have another opportunity to provide input based on the findings of the study.
“The CRA recognizes the need for densification as Cape Town continues to grow. However, the current approach to densification appears to prioritize the interests of developers over those of residents. This approach has not only failed to meet the city’s own objectives of providing low-income housing and improving efficiency but has also led to the erosion of property values and quality of life in many neighborhoods,” argues Lloyd.
The association is calling for a one-on-one meeting with senior city officials, including members of the Municipal Planning By-law Committee, to discuss alternative approaches to densification. The CRA believes that it is possible to achieve sustainable growth and inclusivity without sacrificing service delivery in our neighborhoods.
Lloyd states that one of the most concerning aspects of the current planning process is the lack of transparency and accountability: “Residents who oppose development applications have faced legal action, creating a climate of fear and discouraging public participation. The CRA is calling for the development of mechanisms to protect residents from such retribution and to ensure that the city provides clear feedback on how public comments are incorporated into final decisions.”
The association also recommends a review of the composition and functioning of the Municipal Planning Tribunal (MPT) to ensure that it adequately represents the voices of the community. Additionally, the CRA suggests restructuring law enforcement in the city to empower ratepayers, residents, and Community Improvement Districts (CIDs) to better enforce the Municipal Planning By-law.
“The CRA is deeply concerned about the city’s weak enforcement of by-laws, particularly concerning illegal developments. While the proposed impoundment powers may address some of these issues, they do not go far enough in protecting residents from the negative impacts of by-law contraventions. Residents in areas like Summer Greens have experienced significant harm due to the city’s failure to enforce its own regulations, and the CRA believes that stronger measures are needed to hold those responsible accountable” adds Lloyd.
“The CRA is committed to working with the City of Cape Town to achieve these goals. The association requests a meaningful dialogue with city officials to address the concerns outlined in this piece and to find solutions that will benefit all of Cape Town’s residents. The CRA stands ready to contribute to the creation of a more inclusive, equitable, and sustainable city for the future,” concludes Lloyd.
