Resident wins battle with City

The City of Cape Town has been ordered to erect a wall to secure a pipeline that supplies water to large parts of the city.

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Cape Town - The City of Cape Town has been ordered to erect a wall to secure a pipeline that supplies water to large parts of the city – after a seven-year David versus Goliath-style battle between a private resident and the council.

The pipeline, which supplies water from Steenbras Dam, has been under threat since 1998 pending a court battle between the city and Rijo Beleggings (Pty) Ltd, which is represented by Attie Ras who lives on the Gordon’s Bay property in Suikerbossie Drive.

One of the pipelines on the property supplies Somerset West, Newlands, Wynberg and “a very large area of the southern suburbs”.

The first of the pipes was installed “in about 1919”, and two further water pipes “were taken into service in and during 1929 and 1949 respectively”, while no servitude was registered against the property.

The house was built on a slope and shared a common boundary with property belonging to the city.

The two parties have been at loggerheads over who should pay the bill for a retainer wall to secure the water pipeline after it was disrupted in 2008 by heavy rainfall.

The rain water saturated the mountain slope, causing a landslide that led to a heap of soil and stone on Ras’s property. The slope moved ground and debris against the rear side of the house and reached the roof of the garage, pressing against the exterior side of the rear wall.

Eventually some of the windows of the house began to crack. Ras had to start moving the debris and rubble away – first by hand with the help of workers with spades and wheelbarrows, and then with earthmoving equipment.

The court ruled earlier this month: “Pipeline number 3 is a major high pressure bulk main supplying water to Somerset West, Newlands, Wynberg and a very large area of the southern suburbs.

“It is accepted as a fact that a burst of the pipe near erf 2109 is likely to destroy the house of the defendant (Ras) situated thereon and some of the houses below it and would also severely damage service roads between the burst area and the sea.”

Western Cape High Court Judge Robert Henney granted an order directing the City to erect a retainer wall to protect the pipeline.

“I agree with the defendant (Ras) that the consideration of fairness and equality requires that the city be held responsible for the erection of a retaining structure,” he said.

The city had submitted to the court that Ras was responsible for the costs because of excavations done during the construction of his home, which was bought by Rijo Beleggings (Pty) Ltd from the city’s predecessor, the then-Gordon’s Bay Municipality.

Ras submitted that he had acquired permission from the municipality to build and do excavations. He said he was not aware of the pipeline.

Ras said he had excavated on the slope due to the landslide problem caused by the rain. Ras had excavated the slopes as far back as the boundary, which he shares with the city.

But it was after an inspection that the city allegedly found Ras at fault, saying he was endangering the pipeline.

“The defendant (Ras) as a result of the excavations removed such lateral support to which the plaintiff’s (the city) property was entitled.”

The city told the court that it had to do remedial work to try and secure the pipeline and that the temporary wall, made of sandbags which it erected, was deteriorating. In carrying out the remedial work, the city incurred expenses to the amount R244 950.43.

Ras had argued that the landslide revealed that there was no support for the pipeline and that it accordingly constituted a grave danger to life and the building on his property.

He said the slides were caused by a natural disturbance of the surface of the property when the pipes were laid.

“There was a lack of drainage under the pipe lines and vibration of the pipelines,” Ras submitted.

Ras asked the court for an order directing the city to construct a “proper”

concrete structure to support the pipe line.

As part of the order granted by Judge Henney, the city will be held responsible for all costs, including those incurred by Ras, associated with the lawsuit.

Henney said the city should propose a plan with dates of when they would like to erect the wall. The plan has to be given to Ras for his approval.

Ernest Sonnenberg, mayoral committee member for Utility Services, said

implications of the judgment were still being considered, before the city would comment.

zodidi.dano@inl.co.za

gadeeja.abbas@inl.co.za

Cape Argus