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BSRA wins high court application in attempt to fight crime in the suburb
On Wednesday March 24, 2010, the Bordeaux South Residents Association (BSRA) obtained a court order, from the Johannesburg High Court interdicting the City of Johannesburg from interfering with the access restriction structures erected by BSRA to protect the residents from the rampant violent crime they have had to endure.
In opposing the BSRA, the City of Johannesburg alleged that:
Johannesburg has always had high crime. It was high in the eighties, in the early nineties and in the decades before. Some of it has increased and some of it has been reduced... furthermore crime is a worldwide phenomenon and it forms part of ordinary human experience from biblical times”.
The residents of Bordeaux South do not accept this explanation of why they have to endure crime and are determined to do all in their power to protect themselves from increasing crime affecting their residents.
In granting the BSRA permission to retain the access restriction structures, the court expressed it’s displeasure at the conduct of the City in failing to consider the more than 400 access restriction applications submitted to it most as long ago as 2003.
In contrast to the attitude of the City of Johannesburg, on Thursday 25th March 2010, the City of Tshwane settled two High Court applications in which residents sought the same relief as Bordeaux South.
The City of Tshwane has agreed to allow the residents to erect the access restriction structures pending a decision by them on the road closure applications by The City of Tshwane and they have undertaken to endeavour to give decisions on the applications within the next few months.
Gary Duke the attorney representing the Bordeaux South Resident’s Association expressed his outrage at the City of Johannesburg’s patent and inexplicable attempts to frustrate residents’ legitimate efforts to protect their lives, those of their families and their properties.
There are approximately 400 applications waiting to be heard by the City of Johannesburg, some since 2003. While the vast majority of the applicants already have their structures up, a number of areas remain vulnerable to criminals as they do not yet have structures in place and the City delays in the consideration of their applications, displaying complete disregard of the residents of the City.
In its latest move, the City has threatened to remove alleged “Illegal” structures with the BRSA countering that any attempt by the City to remove any of the structures will be met with another Court application. Instead of spending enormous amounts of time, money (that the City claims it does not have) and energy on fighting the small suburb of Bordeaux South, the City would be better advised to concentrate its efforts and resources with the same enthusiasm to improving service delivery.
Mr Rob Schwartz chairman of the Combined Chairpersons Committee, which represents 85 road closures in the Gauteng province, expressed his opinion that “the attitude of the City of Johannesburg defies logic”. He has invited all road closure applicants who have submitted applications to the City of Johannesburg, whose structures are not yet up and who have not yet received a decision from the City of Johannesburg to contact him (082 3899221)or Duke (083 3834951), who will be happy to assist such applicants to achieve closure.
- send to friend
To all residents who are thinking about doing this.
Submitted by Anonymous (not verified) on Wed, 31/03/2010 - 11:03.
To ALL Residents who are thinking about doing this. I would advise you get all your facts and ducks in a row so to speak before even considering such drastic steps.
As a Bordeaux Resident we had been kept in the dark about our so called road closure application details as they had fears there were "spies among us that carry information to those who are opposing our application" - this was said at one of their meetings late last year. The manner in which the signatures were collected and the results thereof were not democratically done.
We requested a copy before it went to court but it was never supplied. The Court Judgment Wednesday March 24, 2010 states "The respondent (JRA) is interdicted and restrained from removing the access control structures erected and implemented by the Applicant(BSRA)" i.e. that the structures the residents association had erected and implemented could remain where it was but nothing further was to be done. Gates that were erected were to remain open, gates not erected were not to be erected, etc.
To our surprise that evening of Wednesday 24th March 2010 the gates were locked and more structures erected on the Thursday morning.
To my understanding of that Plain English court order is that the residents association did not win the right to LOCK THE GATES or to ERECT any further new structures. The resident association had intended to officially lock the gates on the 14th November 2009 - according to the sign they had draped over the gates - makes one wonder how they planned on getting that right without even going the correct route.
Our suburbs crime rate is not as High as Blairgowrie and you do not see those residents RUNNING scared to lock themselves in do you?
Beware of residents associations that operate in an environment where they want to "hide information" from all.
Intimidation tactics, Forcing you to sign up with only "their" preferred choice of security, being left out on the communications because you object, etc some of the many to mention we have personally experienced.
I Send this aa a word of WARNING to you all and to all the SOUTH AFRICANS out there. If you stand quietly and let the few busy bodies run around and do what they want with your suburb you will pay the price like we are.
If you live in Bordeaux send your objections to sorayan@joburg.org.za and fencefree.bordeaux@gmail.com. Should you like information on how you can go about opposing your suburb closure send an email with your details to fencefree.bordeaux@gmail.com and we will help you with what we can!
OR JOIN US ON FACEBOOK BORDEAUX RESIDENTS AGAINST GATES
We must make a stand now - can you imagine if all the suburbs go this route? Where would we drive with the traffic having so many back logs at the moment? How do emergency personnel get in with not alternative routes? Why are we RUNNING SCARED?
The roads are PUBLIC domain and is Open to ALL SOUTH AFRICANS - Not the Elite few with underhanded agendas - the days of the restriction of movement are long over MANDELA was not freed to be restricted again!!
Bordeaux (South) Road Closures
Submitted by Po' (not verified) on Wed, 31/03/2010 - 16:51.
Well said Anonymous. I am also a resident of Bordeaux* and I suspect that none of the BSRA committee actually live on any of the gated roads. I however live in Garden Road which has been shut on both ends! Come to Bordeaux and you will see people walking, running and cycling without worrying about being mugged by the masses! The BSRA needs to realise that what they are doing is causing a rift in their own suburb. Open the gates and let us free!
* Bordeaux South does not actually exist except in the minds of the BSRA who want to distance themselves from those north of Republic Road.
