/ 4 August 2006

No judgement in residents’ Gautrain court case

A full bench of the Pretoria High Court reserved judgement on Friday in an application by a Pretoria residents’ association to halt work on the Gautrain.

It could take up to eight weeks before the three judges — headed by Judge President Bernard Ngoepe — give judgement in the case.

On Tuesday, the Muckleneuk and Lukasrand Residents and Property Owners’ Association asked that work on the Gautrain be halted so that a report on the environmental impact could be sent to the minister of environment affairs.

The residents argued that neither the provincial environment minister nor the head of the Gauteng agriculture, conservation and environment department had the right, under the Environment Conservation Act, to approve the Gautrain.

The advocate for the residents, Fiona Southwood, also said the provincial minister might have been biased because Gauteng Premier Mbhazima Shilowa championed the project.

Gilbert Marcus, SC, argued on behalf of the provincial minister and department and said it was unlikely that the minister would not approve the project.

He said the project was of considerable importance because it was part of a process to develop and capitalise on the economic potential of some areas in the country.

”I’m asking that the court not stop the project in its tracks, so to speak,” Marcus said.

He and council for the Bombela Consortium who are working on Gautrain also described the application as premature, as future phases of the project could still change.

The residents’ association was particularly worried about the alignment between Eeufees Road and the Hatfield station.

The Gautrain is a proposed high-speed railway line to connect Johannesburg International airport, central Johannesburg and Pretoria. — Sapa