Cape Argus (Cape Town)

South Africa: Crusade Against Rates Policy Fails

Cape Town — A lonely crusade by a senior citizen to have the city's draft rates policy and bylaw reviewed was lost when the High Court ruled in favour of the city.

Yesterday Sea Point resident Desmond White said he found the High Court ruling "fair" in the light of the fact that he could not call witnesses to prove his case.

But Judge Lee Bozalek dismissed the city's request that White foot its legal bill, arguing that the case was "a David and Goliath situation" and that an order against White "could have a chilling effect on future applicants".

White's failed legal bid was founded on his belief that the city had not given councillors enough time to read the draft policy on rates and the city's rates bylaw.

White also contested the procedure when the two policies were accepted.

"I objected to the rates policy that council imposed earlier this year because they did not allow the 30-day public-participation period," he told the Cape Argus.

In papers before the court White also questioned the city's motivation in concurrently advertising public comment on both the bylaw and the rates policy.

"It is like Siamese twins who could not be disassociated from each other as far as public participation is concerned," his affidavit read.

However, Judge Bozalek found in favour of the city, saying that although there was no legal minimum public participation required for the bylaw, the city gave citizens 30 days in which to comment, in which time the city received only one objection, from White.

Judge Bozalek further ruled that the city had acted within legal bounds but declined the city's request to have White pay its legal costs a request made in light of White's persistence with the case and his "strident criticism of city officials".


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