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 go to our Donate page, and select the method of payment you prefer.

have caused are the decision and policy makers – at national level (i.e. DAFF, DEA, SANParks), in provincial government (e.g. CapeNature, and the Environment and Planning Department), and the City of Cape Town (not so much the City Parks Department but more so the Spatial Planning and Urban Design people). Most of the people within these authorities are engineers, architects and planners with little or no ecological expertise or appreciation. As a consequence, there is a lack of professional understanding of how development should be steered in environmentally sensitive areas (particularly fynbos).
Today in South Africa we concentrate the vast majority of resources on fighting fires when they occur, rather than preventing the spread of wild-fires. Wild-fires that can be best limited by proper ecological management of the vegetation in the safe fire-season, by having effective fire-breaks, and by making sure local residents are well educated about the dangers fire and especially of wild-fire. The reason for this about-face in policy is that fire departments, that now deal with vegetation fires, have evolved from urban teams. This means we now concentrate on extinguishing wild-fires once they have started rather than managing biomass and fuel accumulation beforehand – to prevent and contain fires when the weather conspires against us in favour of run-away fires. Matters locally in the fynbos are now also complicated by excessive alien vegetation encroachment, partly as the result of the removal of well managed plantations, and because these alien infestations are not being effectively removed – despite all the money thrown at the problem. All this lack of understanding of fire ecology and the absolute requirement for proper preventative management means that when the conditions are right wild-fires pose a huge danger – exacerbated by people in our community who take some sort of sadistic delight in starting fires. Together, these factors are a recipe for catastrophe.




