With an urgent interdict being applied for to prohibit the relocation of residents from the Angelo informal settlement to Germiston, the GCN spoke to Lynette Nance-Kivell, from Nance-Kivell Attorneys, a civil and litigation expert and a Marlands resident.
Nance-Kivell, along with another law firm, will be applying for the interdict.
An interdict is an application to court to prohibit certain actions and in this case it is a prohibitory interdict to stop the current development.
“You need to prove you have exhausted all other alternative remedies and in this case we have,” Nance-Kivell said.
“When you launch your application you also need all the facts at your disposal.”
In this case, Nance-Kivell said she will be asking to prohibit the relocation to the land due to the fact that it is not in accordance with the initial application for the land.
The initial application was launched in 2014 for 1 900 residential structures and private open space under Residential Four.
This application is currently still in progress and has not been finalised.
There were 95 objections received to the development which are still pending with the Developmental Tribunal and need to be heard.
“For the first application, procedure was followed but the process has not been finalised yet,” said Nance-Kivell.
“Now it appears they are going ahead with the Angelo move using the initial application but the two uses for the land are different and they should have restarted the process.
“You cannot apply for one thing and do something different.”
Nance-Kivell believes they have a strong application.
Related articles:
Metro to be taken to court over Angelo move
Online Exclusive: National Assembly replies to questions posed on Angelo informal settlement move
Council’s plan to move Angelo residents is full of cracks
Too many unanswered questions about Angelo move
Alert: Public meeting to discuss Angelo informal settlement move to border Marlands
ALERT: CPF to hold follow-up public meeting on Angelo move
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