Leave to Appeal is granted to SANParks

As you will be aware from the previous post, SANParks applied for leave to appeal against the judgement on 22 March, in the matter of Parkscape vs MTO and SANParks.

After taking considered legal advice Parkscape chose not to appeal the judgement.

SANParks’ leave to appeal was granted by Judge Pat Gamble on 25 April 2017, and Parkscape will meet SANParks in the Supreme Court of Appeal at a future date.

The Court Order may be viewed at Granting of Leave to Appeal April 2017.

Please note that the Court Order states:  “That, pending the outcome of the appeal, and any appeal process which may follow thereafter to the Constitutional Court, Second Respondent has undertaken not to permit the felling of pine trees in the Dennendal plantation in Table Mountain National Park.”

We are clearly in for the long ride but during that time shaded recreation will remain.

We are currently fund-raising to meet the cost of the Supreme Court of Appeal hearing via our inaugural Golf Day to be hosted on 8 June 2017. (See HERE for more information.)  We also plan to hold further community-focused fundraising events.  We do not, however, expect to be able to cover the full cost of the appeal with the funds raised from the Golf Day and smaller events. To this end we once again appeal to the generosity and community spirit you have previously shown in supporting the work Parkscape is doing with regard to SANParks and Tokai Park – particularly given there is likelihood that this case may go all the way to the Constitutional Court.

Should you wish to donate, please find our banking and Snapscan details below.  As ever, we thank you for your generosity and support through this entire process.

 

The Judgement and SANParks’ Leave to Appeal

On 1 March, Judge Patrick Gamble delivered judgement on the matter between Parkscape vs MTO Forestry (the first respondent) and SANParks (the second respondent).
The Order of the Court stated:

1. The applicant’s application, dated 2 November 2016, to amend its notice of motion, is granted;

2. The decision of the second respondent, taking during or about August 2016, to fell trees in the Tokai Forest in accordance with a new felling schedule, is hereby reviewed and set aside;

3. The first and second respondents are interdicted and restrained from felling any trees in the area of the Tokai Forest described as the Dennendal plantation in accordance with the new felling schedule, unless and until valid and lawful decisions to that effect are taken;

4. The second respondent shall pay the applicant’s costs herein, such costs to include the costs of the interdict application, the costs occasioned by the employment of one counsel only, and the qualifying fees of Prof Eugene John Moll;

5. The 1st respondent shall pay its own costs of suit.

The full judgement can be found HERE

On 22 March SANParks file Leave to Appeal. At this stage we do not know when Judge Gamble will hear the application.
The application can be found in the following link: SANParks leave to appeal

A COMPREHENSIVE WIN FOR THE COMMUNITY

Judgement in the matter of Parkscape vs SANParks and MTO Forestry was handed down by Judge Patrick Gamble this morning at the Cape Town High Court.  Parkscape has achieved a comprehensive win, with costs.

We are delighted with the outcome, and not just because we’ve been able to uphold the needs and wants of the community of over two and a half thousand people that we represent. We are also greatly encouraged that this judgement shows, once again, that South Africa’s legal system continues to uphold justice and just administrative action, particularly at this time when government and its agencies believe they are a law unto themselves.

This outright win ensures that SANParks, who have, to date, ignored Parkscape’s attempts to constructively engage, and despite our locus standi, will now be legally obliged to engage with us.

We sought, and have won, the right to a full and proper Public Participation Process regarding the nature and use of Tokai Park, or Tokai Forest as it is more commonly known by users.  SANParks and MTO Forestry are interdicted and restrained from further felling in the Dennendal plantation of Tokai until valid and lawful decisions pertaining to the matter have been taken.

We look forward to engaging with SANParks and other organisations in determining an outcome for Tokai Park that meets the needs of all in the broader community.

The Parkscape vision, going forward, includes shaded recreation, biodiversity, safety, social upliftment, culture, heritage, education and meeting the needs of the community’s rights to health and well-being.  It is a vision that we believe is inclusive and balanced.  With Judge Gamble’s ruling today, we look forward to setting out to make this vision a reality.

We thank all in the community for their ongoing support and generosity.  This has been a team effort from the beginning and the Parkscape team is humbled at being part of such a wonderful and inclusive community.

 

 

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