At least 30 homes in Wynberg had been set to be demolished by the city of Cape Town to make way for the MyCiTi bus route.
The families affected by this development took council to court challenging its plans to demolish the houses saying that proper consultation had not been followed.
Judge Leslie Weinkove ruled in favour of the families, dismissing the council’s appeal, ordering council to conduct proper public participation process.
Listen to the full conversation on The John Maytham Show:
The ruling left council with unanswered questions as to what exactly is proper public participation.
Cathy Powell,Senior Lecturer, UCT Department of Public Law says the constitution and legislation indeed leaves council in the in the dark as to what is meant by proper public participation.
She says there are no details of the kind of consultation is needed and how it should work.