Lower Gardens CID Press Release
15TH December 2023
RE: Illegal removing of fences at Tuin Plein children’s play park
Dear Property owners and concerned residents.
On Thursday the 7th December, the CID steering committee was contacted by our Ward 115 Councillor Ian McMahon regarding illegal activity that was taking place in the Tuin Plein precinct where the fences were being removed by an contractor claiming to be acting on behalf of the Lower Gardens CID steering committee. We were not aware of this activity, and we can confirm that there was no instruction from any steering committee member of the proposed Lower Gardens CID for such activities to take place.
Upon investigation by City of Cape Town Law Enforcement, it was discovered that the illegal activities were being done by LTH construction company linked to the parking management company for the upper Tuin Plein parking lot. To provide context on the incident the following important points should be noted.
- The Tuin Plein parking area and Children's Park are two separate areas, the removal of the fences illegally has taken place in the children’s park area.
- The parking area was recently upgraded at the request of Councillor Ian McMahon, a new tarred surface was put in with parking lines painted, including a general revamp, which was brought about through the use of Ward 115 2022 Ward Allocation budget with a generous top up by City parks department. The work was carried out by City roads around May/June.
- City roads completed their work and handed the site back over to parks in October.
- In October the ward councillor approached the Lower Gardens CID steering committee looking for a temporary solution to ensure that the parking lot was used regularly to prevent illegal occupation (as had existed previously) until a long-term solution could be implemented either through the allocation of lease by the CoCT or the establishment of an approved precinct plan outlined in the 5 year CID business plan (to be released for public comment in Q1 of 2024).
- The Park department facilitated by the ward councillor gave permission in writing to the Steering Committee of the Lower Gardens CID (LGCID) to utilise the area only as a carpark during this temporary period.
- The CID steering committee reached out to its CID supporter network, and property development company Dev 34 who are developing properties in the Hope and Roodehek Street precincts agreed to provide management and security as a temporary measure until the community votes on the long-term plan. They then appointed a parking management company to upgrade and secure the parking area.
- This was communicated in writing to surrounding residents and business owners who had previously been in contact with the Lower Gardens CID Steering Committee expressing their concerns around the social, and public safety challenges taking plan in the area due to the illegal occupation of the Tuin Plein precinct.
- There remains City Ward115 2023 Allocations funding still to be implemented which would include the delivery of Security Wendy house, electrical points, fence painting and repairs, and security gate motor for the gate at the Tuin Plein parking area.
- The intention of this arrangement was to ensure daily use of the car park, so that with daily users, eyes and ears would prevent any further illegal occupation of the site while the City of Cape Town follows its formal eviction process relating to several illegal encampments within Lower Gardens, this includes the Tuin Plein Children's play park area.
The parking management company acted illegally outside of its clearly defined brief by removing the fences in the Tuin Plein children’s park area, this action has causes serious damage to the surrounding community, and the City of Cape Town Law Enforcement will need to follow the letter of the law to hold those responsible for these actions accountable.
The Lower Gardens CID steering committee is very supportive of the City of Cape Town’s formal eviction processes, and strongly against any actions that could jeopardise a long-term solution for the Tuin Plein precinct. We also note that temporary solutions such as what has transpired are not sustainable and require full time professional management appointed by the community to be successful and we plan to present such options in the CID 5-year business plan.
We will be holding our CID supporter network accountable for any actions that jeopardise long term solutions to the Lower Gardens community and thank all concerned property owners and residents who have reached out to us to contribute to the 5-year business plan. If you have any questions, suggestions or input relating to the potential establishment of the Lower Gardens CID, please contact us on info@lowergardenscid.co.za.
Yours as a fellow resident and property owner.
Ryan Paterson (on behalf of the Lower Gardens CID steering committee)