Abstract
A clash of rights in the legal and spatial planning contexts: The case of the Philippi Horticultural Area
Highlights
In the run-up to South Africa’s first democratic elections in April 1994, the Conference for a Democratic South Africa (CODESA) negotiated the content of the interim Constitution,2 which operated for a period of almost three years, before the Constitutional Assembly adopted the “final” Constitution of the Republic of South Africa3 that came into force on 4 February 1997.4 The Constitution is the supreme law of the land, with a highly progressive Bill of Rights that has been described as “second to none”.5 Sec. 7(1) of the Constitution states that “this Bill of Rights is a cornerstone of democracy in South Africa
The article seeks to determine whether a balancing of these rights can be achieved within the Philippi Horticultural Area (PHA), and whether portions of the PHA can be developed in a manner that protects and enhances the cultural and environmental integrity of the area, while allowing urban development to accommodate new and existing communities
This article uses Cape Town’s Philippi Horticultural Area (PHA) as a case study to demonstrate how rights can potentially be spatially and legally balanced when they clash. It should be noted at the outset that the authors are not legal experts, but professional planners practising in the realm of spatial planning8 and land development
Summary
The Philippi Horticultural Area (PHA) is often referred to as Cape Town’s ‘food basket’, providing over one-third of Cape Town’s fresh vegetable produce. The article seeks to determine whether a balancing of these rights can be achieved within the PHA, and whether portions of the PHA can be developed in a manner that protects and enhances the cultural and environmental integrity of the area, while allowing urban development to accommodate new and existing communities. A symbiotic relationship must be cultivated between urban and agricultural land uses, through appropriate urban development articulated in a spatial framework that provides clarity as to how urban development can assist in protecting productive agricultural activity. In this way, the role of the PHA as Cape Town’s ‘food basket’ can be better conserved for current and future generations
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