Hout and About

 

May 2010

 

The publication of the Residents’ Association of Hout Bay

PO Box 27031, Hout Bay, 7872

rahb@houtbay.org.za            www.houtbay.org.za

                                           

 

 

View of Hout Bay from Chapman’s Peak

 

 

In this issue:

Len’s Lines: A message from the Chairperson

Speaking out against the abuse of power

New rules applying to juvenile delinquents

Crime and the 2010 FIFA World Cup

Fixing the fire hydrants in Hout Bay

A raw deal for ratepayers

Tackling the problems of Imizamu Yethu

Preserving Hout Bay’s unique features

Can we stop the Cape Town Zoning Scheme (CTZS)?

‘Stad Amsterdam’ visits Hout Bay

To join the Residents Association

 

 

Len’s Lines

 

A message from the Chairperson of the Residents’ Association of Hout Bay

 

Dear Hout Bay Resident,

 

On the morning of Friday 16 April we learnt with shock and outrage of the horrific murder of Conrad Griss - the son of Charles Griss, a member and long-time supporter of our Association - following an armed robbery at his parents’ house in Hout Bay.

 

My primary duty is to extend condolences, on behalf of the Residents’ Association, to Conrad’s family, and my deepest personal sympathy.

 

This senseless act of violence throws into sharp relief, once again, the rising incidence of crime in our community and the inadequacies of the local police force.  It is worth mentioning that we have approximately 1 policeman to every 1000 residents in Hout Bay, compared to something like 1 in 300 in suburbs like Sea Point and Camps Bay. 

 

I wish to state, categorically, that it is our intention to work with, and not against, the local authorities - including the police force - to address the issues and problems in our area.  That said, it is also our duty to monitor the activities of the authorities and to fight any abuse of power on their part.  We will not hesitate to report on any perceived shortcomings and we vigorously defend out Constitutional right to freedom of speech in this regard (see also the article on the treatment of Johann van Blerck in the April issue of Hout and About).

 

Against that background, we were appalled by the “suspension” of Rob Paterson, the recently appointed Chairman of the Hout Bay Neighbourhood Watch, by Lt. Col Xesha, the Hout Bay SAPF Station Commissioner, purportedly for for discussing the increase in violent crime in Hout Bay and the reasons behind the increase with the media.  In addition to his role as Chairman of the HBNW, Rob holds the safety and security portfolio on the Executive Committee of this Association and his contribution to the community, in a voluntary capacity and over an extended period of time, has been exemplary.

 

We include in this issue of Hout and About and on our website - www.houtbay.org.za/SupplementHoutAbout.html#PowerAbuse (click on this link to be directed to the relevant section) – excerpts from the protest against the “suspension” of Rob Paterson raised by members of this Association, prominent community leaders and other concerned citizens.  I am pleased to report that as a result of this protest and the ultimate intervention of Minister Mark Wiley, MPP, Community Safety Portfolio, Chairman in the Government of the Western Cape, the decision to “suspend” Rob Paterson was set aside on the basis that Lt. Col Xesha’s actions were ultra vires as she had no authority to suspend him.

 

We note with interest that Minister Lennit Max, the Minister of Community Safety in the Western Cape, has requested an opportunity to address the community on this issue.  The meeting has been scheduled for 19h00 on 5 May in the Library Hall and you are urged to attend.

 

In closing, I call upon all residents to continue to oppose the abuse of powers and the flagrant disregard for justice on the part of civic authorities.

 

 

Len Swimmer

Chairperson, Residents Association of Hout Bay

Tel: 021 790 0268; Email: lens@telkomsa.net

 

 

 

Speaking out against the abuse of power

The “suspension” of Hout Bay Neighbourhood Watch Chairperson Rob Paterson by Hout Bay SAPF Station Commissioner Lt. Col Xesha - purportedly for criticising the lack of police resources in our community in the media - has been widely reported.  We include here excerpts from some of the views of prominent citizens as an indication of the outrage that this action provoked. (See our website - www.houtbay.org.za/SupplementHoutAbout.html#PowerAbuse - for the full statement of Councillor Haywood, together with a statement released by MEC Mark Wiley).

 

Len Swimmer, Chairman of Residents’ Association (email to Lt. Col Xesha): “Dear Madam, this is to advise you that we are appalled at the suspension of Rob Paterson and wish to register our disappointment in the manner in which this was done. We believe that your action is procedurally flawed and not consistent with the audi alteram partem rule and the laws of natural justice and ask that you set this suspension aside with immediate effect.”

 

Jimmie Birch, Resident of Scott Estate (email to Lt. Col Xesha): “It was with a great sense of loss that I read the news about Rob Paterson's suspension and I am dismayed and disillusioned at what appears to be a reactive response from the SAPS. Rob has been a key figure and very important driving force behind this wonderful corroboration between civil society and government institution to combat crime in our Valley.”

 

Marga Haywood, DA Ward 74 Councillor (email to Lennit Max, Minister of Community Safety): “The actions of Colonel Xesha were not only ultra vires, but also in contravention of the procedural fairness requirement in s33 of the National Constitution. Mr. Paterson was not informed that the meeting, which was called for another purpose, was going to deal with any purported misconduct on his side, nor was he given an opportunity to state his case or to apply his mind before he was summarily suspended. Apart from the procedural deficit, and the lack of authority, there was also no substance to the purported charges, which were never formally put to him.  Should such usurpation of authority by SAPF be tolerated, it will certainly be a defeat for democracy.”

 

Chris Hudson, Hout Bay & Llandudno Heritage Trust (email to Lt. Col Xesha): “Mr Paterson is known for his unselfish and unremitting hard work in the HBNW and his positive attitude towards this organisation doing everything possible to assist the SAPF.  We therefore find it quite impossible to understand why the SAPF should take such hasty and procedurally unsound action as it did against Mr Paterson last week.  Legal opinion we have is that the way in which Mr Paterson was suspended without due notice and in a summary fashion was not lawful.”

 

Penelope Brown, Residents’ Association of Hout Bay (email to Lt. Col Xesha): “Rob Paterson has worked hard for this community (as a volunteer and with no benefit to himself) and does not deserve to be treated like this. As a community, we very clearly need people of his calibre to work on improving the safety and security of this area of Cape Town.  This draconian action serves only to discourage public participation and sends a very unhealthy message to the community.”

 

Sheryl Ozinsky, Chairperson Oh Watch (Weekly Blog): “It would indeed be a sad day for this country if neighbourhood watch organisations were gagged when the very reason they were brought into being is to communicate honestly with residents in order to create safe neighbourhoods for everyone to enjoy. At a time when SAPS, the neighbourhood watch and the community of Hout Bay should be standing together in the fight against crime, they are at loggerheads.  OH Watch stands in solidarity with Rob Paterson. We will always support freedom of speech and will remind everyone that all that is necessary for evil to triumph is when good men and women are silent or …. silenced.”

 

New rules applying to juvenile delinquents

 

New regulations applying to the treatment of juveniles (persons under the age of 17) who are accused of committing crimes provides some cause for concern to Hout Bay residents.  On the assumption that in law such persons are not able to discern right from wrong, they will, for example, no longer be arrested placed in police vans alongside older suspected criminals, but simply “interviewed” by social workers.

 

As Residents’ Association Chairman Len Swimmer points out, these new rules do not necessarily bode well for an area like Hout Bay where we have a sprawling slum-like squatter camp in our midst, thousands of illegal squatters and a heavily ‘Tik’-infested area in Hangberg.  In his words (following notification by the Hout Bay SAPF to apply the new rules): “I think Hout Bay will be alone in following these new rules and we are the last place that should abide by these new rules.”

 

The new rule states that “If it is necessary for a child, who is alleged to have committed an offence, to be transported in a police vehicle, the child must, as far as reasonably possible, be transported — (a) in an unmarked police vehicle. If this is not possible, and the child has to be transported in a marked police vehicle, the child must — (i) preferably be transported in a sedan police vehicle; and (ii) if the child has to be transported in a marked police van, the child must be transported in the cabin of the van and not in the back of the van; and (b) separately from adults.”

 

 

 

Crime and the 2010 FIFA World Cup

 

With the 2010 FIFA World Cup now only a matter of weeks away, excitement levels are rising rapidly, and with good justification, as the anticipated influx of tourists provides a fantastic opportunity to showcase our country. 

 

Hout Bay, with its many attractions and natural environmental beauty, will certainly be part and parcel of the World Cup action.  Given the already unacceptably high levels of crime in our area, however, both locals and tourists are earnestly advised to be extra vigilant during this period.

 

Cape info.com is in the process of compiling a “global fan survey” amongst overseas residents with an interest in the World Cup.  Their initial responses indicate that the top six ‘source countries’ of World Cup tourists are, in this order, the USA, UK, Australia, Canada, Brazil and Ireland.  42% of survey respondents say that their awareness of South Africa is purely a function of the World Cup and a full 70% rate the country as a “must see” destination.

 

87% of respondents have not visited South Africa before.  Of those who will be coming, 79% say they will be visiting Johannesburg and 65% say they will be visiting Cape Town. About 31% plan to watch at least some games from Fan Parks or wherever there is a party.  Most indicate that apart from the soccer, they will take the opportunity to explore host cities and local country areas.  The average budget for the trip is a staggering R44 358 per person.

 

While this is good news for the local economy, not surprisingly 81% rate crime and personal safety as their top concern when visiting the country.  For 51% cost is also a drawback.

 

 

 

Fixing the fire hydrants in Hout Bay

 

The issue of non-functioning fire hydrants in Hout Bay has been raised by Residents’ Association member Howard Ball. 

 

He advises that during the course of recent earthworks outside his property a fire hydrant was uncovered. He requested the local fire department to test the hydrant, which they promptly did, only to discover that the hydrant was not working and had not worked since its installment, estimated at some 25 years previously.

 

Following further investigation, Howard Ball established the following about Hout Bay’s fire hydrants:

·         They are not routinely tested,

·         There is no register of their locations, and that

·         There is no certification indicating a record of their ability to correctly function.

 

In his words: “To my mind it seems pointless to have our very competent fire fighting staff and not provide them with essential tools.”

 

By way of response Gerald Langenhoven of the City’s Fire and Safety Department has said that the inspection of fire hydrants is an on-going process, which is routinely undertaken. He notes that a faulty fire hydrant cannot be repaired by the hydrant maintenance team, whose function it is only to clean, flush and mark the hydrants, but must be referred to the waterworks department.  In addition to attending to the fire hydrant in question, he has however encouraged residents to report faulty hydrants and promises prompt action in fixing any hydrant found to be faulty.

 

 

 

A raw deal for ratepayers

 

The draft budget for the City of Cape Town has been extensively debated by subcouncils and portfolio committees, with city councillors themselves lashing out against the unfair treatment of the small percentage of city residents who pay rates and taxes.  And many ratepayers have also raised concerns over the rise in the valuations of their properties, saying that the higher rates bills will hit them just as they are paying much more for electricity.

 

With the tabling of the draft budget in March, ratepayers will be expected to pay, on average, an additional 8 percent for services with effect from July 1. 

 

Good Hope subcouncil chairperson Taki Amira has described the budget as akin to the "golden goose being slain in the backyard", with the money being spent "elsewhere".  Hout Bay councillor Marga Haywood has made the point that “It is not fair that people pay rates

but their services are reduced.”


As always, the elderly – retired persons on fixed incomes – will be particularly hard hit by the increases.  A group of ‘ Concerned Retired Ratepayers’ in Simon’s Town has suggested that a property owner, on reaching the retirement age of sixty five, should be allowed to apply to the City to have the valuation of his or her property at that date ‘frozen’ i.e. to remain unaltered until such time as the property is sold or transferred.  While the City Council has said that this proposal will be considered as part of the 2010/11 Budget & Public Participation Process, at the time of going to press no other response has been forthcoming.

 

 

 

 

Tackling the problems of Imizamu Yethu

 

In his address at the AGM of the Residents Association of Hout Bay, held on 14 April 2010, Chairman Len Swimmer noted that the Association’s repeated requests for City Council to be proactive in controlling the influx of people to Imizamo Yethu and Dontse Yakhe and/or in providing services to the residents which comply with reasonable community and engineering standards, had been actively ignored.

 

He therefore advised members that the Association plans on following a legal route, and is in the process of commissioning an independent spot assessment of the current environmental/ health dangers.

 

In outlining the problems associated with the informal settlements, environmental expert and Residents’ Association EXCO member Dr Justin O’Riain, describes them as “a suppurating wound on the side of the mountain, never healing and constantly discharging a foul and infectious flow of matter into the Hout Bay river and ultimately the bay”. 

 

While noting that there have been some improvements with the installation of many more flushing toilets he points out that these remained permanently locked to all but a few, which explains the continued wholesale use of the mountainside as an open latrine for the many non-key holders, and most children.

 

“It is hard to believe that one can barely take a step on the slopes of the mountain on all sides of IY without stepping in human faeces, but sadly this is not an exaggeration.  A small number of 15 randomly sampled stools revealed high levels of gastro-intestinal parasites and thus this encircling ring of faeces is a effectively a high health risk.  Needless to say heavy winter rainfall flushes these dangerous stools down towards the residents of IY who suffer the most as the parasite laden faeces start their long journey down to the ocean via the streets and foot paths of the township.”

 

Of significant importance in this regard is the fact that the City of Cape Town itself has recognised and acknowledged the problem.  A City of Cape Town media release dated 14 December 2009, and taken from the City of Cape Town's website, quotes Henry du Plessis, the City’s Director responsible for Roads and Stormwater, as follows:

 

"Water quality in the Disa River as measured in terms of bacterial contamination deteriorates with distance downstream, the best water quality being observed high in the catchment at Longkloof weir. Further downstream the water quality generally exceeds the intermediate contact guidelines, which indicates that the system is not suitable for recreational contact. The main source of bacterial contamination is un-managed grey water and sewage discharges from the Imizamo Yethu Informal Settlement.

 

“Other contributory factors include sewerage system failures in the formal areas, urban stormwater runoff, birds and horses. It should be noted that contamination levels in the lagoon and immediately upstream have remained essentially constant over the past seven to eight years. No material improvement in the situation is likely unless the informal settlements in Hout Bay are provided with greatly increased levels of service, particularly with regards sanitation".

 

Please see the website - www.houtbay.org.za/SupplementHoutAbout.html#TacklingIYproblems – for a full copy of the City of Cape Town media release, and future editions of Hout and About for updates on the proposed legal action.

 

 

 

Preserving Hout Bay’s unique features

 

A delegation representing the Residents’ Association of Hout Bay, the Hout Bay & Llandudno Environment Conservation Group, the Imizamu Yethu branch of SANCO, and the Hout Bay & Llandudno Heritage Trust, recently met with K Hennessy, Principal Spatial Professional: Districts G & H.  The purpose of the meeting was to find out what could be done to arrange the production of and acceptance by the City of overlays which the community organisations in Hout Bay consider essential to the retention of the area’s unique features that contribute to its status as a prime tourist destination, sense of place and consequent financial and employment-generating asset for Cape Town. 

 

The wide ranging discussion highlighted those areas of Hout Bay which require special planning protection.  Some specific examples include:   

·         The Hout Bay River corridor, between Valley Road and Main Road, which protects erven in this corridor from being sub-divided below 8000m².

·         Protection of the erven abutting the Urban Edge around Hout Bay from being sub-divided.

·         Protection of the Hout Bay River and its wetlands from development.

·         Protection of the forest grove along Main Road on Erf 7309, being the successors to trees planted in the 17th century by the early settlers and the VOC and 18th and 19th century farmers.  This grove is the last link with the feature that gave Hout Bay its name and is an important visual asset for tourists and the local community alike.

·         The Kronendal Furrow dug by slaves in the 17th century to serve the Kronendal farm established back in 1682. 

·         Maintenance of the Urban Edge line in its present position, with regard to both the upper edge along the mountain and the lower edge on the river and wetland corridor.

·         Identification of the harbour environs, especially in the area immediately adjacent to the suburb of Hangberg, as suitable for immediate development for light engineering industries.

·         The remaining dune area between the beach and Princess Street.

·         Realignment of Hout Bay Main Road in front of the Kronendal Homestead.

 

While Mr Hennessy stated that he had taken note of the delegation’s concerns and would address them as best he could, he also noted that the delegation “did not represent all shades of opinion in Hout Bay/Llandudno”.

 

 

Can we stop the Cape Town Zoning Scheme (CTZS)?

 

The Residents Association has submitted a comprehensive and detailed response to the proposed Cape Town Zoning Scheme (CTZS) and Spatial Development Plan (SDP) plans – as reprinted on our website: www.houtbay.org.za/SupplementHoutAbout.html#StopCTZS. 

 

Together the proposed CTZS and SDP plans will effectively see the entire Peninsula transformed into what Residents’ Association member Chris Hudson calls “a high density zone with multi-use rights everywhere”.   In his words: “We will become just another concrete jungle. Now that the last opportunity to comment on the scheme has passed, the CTZS will go to Province for review.  As the documentation is voluminous and very technical and the officials there come from the same mould as the city planners, the chance of provincial politicians restoring sanity into the process is very limited.  Be afraid!  Be very afraid!”



 

‘Stad Amsterdam’ visits Hout Bay

 

 

 

 

 

 

 

The Hout Bay Heritage Trust in collaboration with De Nederlandsche Club de Kaapstad were responsible for the visit on Sunday 25 April of the Dutch Clipper "Stad Amsterdam" to Hout Bay, where it took on board special guests before proceeding to Cape Town.

 

The ship is retracing Charles Darwin's historic circumnavigation voyage of discovery from which his famous book the "Origin of the Species" evolved and will shortly start its final leg on its way back to its home port. 




 

To join the Residents Association:

 

Contact us via email on rahb@houtbay.org.za

Membership forms available from Chairperson (see above) or Hout Bay Library

Membership fee: R50 per couple; R30 per individual

Banking details for payment of subscriptions: FNB Hout Bay (code 204009), Account: Residents Association of Hout Bay, account number 5345 1027 173

(Payment may be made electronically or manually via our wooden box at the Library or by post at Post Office Box 27031, Hout Bay, 7872)