BCM ordered to keep picnic site clean and safe
Municipality must enforce its bylaws, high court rules
After a two-year battle between the Nahoon Estuary Management Forum (NEMF) and Buffalo City Municipality, the East London high court has ordered BCM to put an end to public drinking, vandalism and unauthorised access at the Batting Bridge picnic site and public launch site within 90 days.
On April 2, the court ordered that the municipality implement effective access control measures at the Batting Bridge site.
It also ordered that the municipality keep the area free of litter, fence the boundary of the picnic area, monitor and control use of liquor and excessive music in the park, erect signs indicating rules for use of the public launch site and ensure compliance with the Operational Environment Management Plan.
The court also ordered that an operator be appointed for the launch site.
The judgment reads: “In light of the bylaws, the Municipal Systems Act and the Constitutional Provisions, it is plain that the municipality is obligated to perform its duties.
“The respondents misconstrued the ambit of their power and responsibility when they thought they do not have duty to enforce the law or that they have no responsibility to implement their bylaws.
“The applicant is justified to approach this court to seek relief directing the municipality to keep the park free of litter by regularly cleaning the park and providing more bins.
“The fencing of the municipal parks is the responsibility of the municipality.
“Fencing is aimed at preventing unauthorised access to the parks.
“Fencing invariably includes erecting proper and working boom gates.
“General monitoring and controlling of public places like municipal parks is the responsibility reposed to the municipality.
“Control of public nuisance, noise pollution and use of liquor in public spaces or parks is the responsibility of the municipality.
“The site users and the community around the sites have a right to an environment that is free of crime, clean, secured and fenced, without noise pollution and uncontrolled intoxication.
“They have a right to notices prominently displayed at the entrance to any park indicating days and hours during which the park is open to the public.
“The municipality has failed to protect these rights.”
The NEMF welcomed the outcome of the case and hoped it would act as an impetus towards upholding the functions of public parks in the city which the Forum believes should be used by residents to, “relax in a natural environment, socialise, engage in physical activity and other leisure pursuits that bring people together and develop a sense of community”.
Beacon Bay Ratepayers Association chairperson Scott Roebert said: “We are glad that the court battle has finished and that the implementation of the rulings have to be carried out.
“It is very unfortunate that court rulings need to be finalised to get BCM staff to carry out their mandated functions.
“All recreation areas have management plans in place with bylaws to manage them, but there is little enthusiasm to carry out the responsibilities.
“We have heard all the excuses but lots can be done with little if there is a will to get things done.”
Ward 28 councillor Frederick Pohl said the court order would help to reduce crime and vandalism at Batting Bridge and the surrounds.
“This court order will assist to reduce crime in the area as boats have been vandalised and even stolen by criminals using this unprotected area,” Pohl said.
“There are constant problems at this picnic site, specifically drinking in public, displaced and houseless vulnerable people, littering, people using the bush as toilets, noise after hours, loud music played from vehicles disturbing the neighbourhood.
“The drunken drivers leaving the site have also caused many accidents in past years.”