Court showdown looms over New Year’s Eve fireworks display at the V&A Waterfront

The V&A Waterfront to host a fireworks display on New Year’s Eve. File Picture: David Ritchie

The V&A Waterfront to host a fireworks display on New Year’s Eve. File Picture: David Ritchie

Published Dec 28, 2023

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Cape Town - The Cape of Good Hope SPCA and the V&A Waterfront are set for a showdown at the Western Cape High Court this week amid an application to interdict the management of the popular tourist attraction from hosting a fireworks display on New Year’s Eve.

Animal welfare organisations have cried foul over the planned display after word spread that an application in terms of the Explosives Act had been approved by the SAPS.

Last week, the organisation lodged an urgent application to interdict the V&A from having the fireworks display, saying it was home to endangered, threatened and protected species that would suffer immense harm.

“The Cape of Good Hope SPCA has been advised that the City of Cape Town has retracted the noise pollution exemption permit it granted to the V&A Waterfront, which is required in order for it to proceed with a fireworks display.

The V&A Waterfront has lodged an appeal with the City of Cape Town in respect of same; however, no outcome of this appeal has been communicated to the SPCA, even though several attempts have been made through its legal team to obtain the outcome of the appeal or to be involved in the appeal process as an interested and affected party,” the organisation said.

They also raised other concerns, including the lack of public participation, an invalid noise pollution exemption permit, and the main concern being the welfare and well-being of domestic and wild animals. The organisation submitted reports compiled by 29 experts and said they remained committed to the protection and welfare of all animals.

In an interview with CapeTalk yesterday, CEO David Green confirmed they had appealed against the decision by the City. He said they had applied for the relevant permits in November and obtained them in December.

“Less than a week later, the City withdrew the permits and part of the withdrawal process allows us to appeal, and we have lodged an appeal.” He said if the appeal is successful, they intend going ahead with the fireworks.

“If you look around the world, or all the major gateway cities, they all bring in a New Year’s event with fireworks. It is very much not last century. In the last two years we invested a lot of money into different alternatives, and the truth is there is nothing quite like that sort of moment and bang bringing that moment in,” said Green.

He added that they had taken mitigating steps and the fireworks would be let off 1km from the closest residence. Asked whether the revenue raised by the V&A as people flocked to the centre would justify the impact on the environment, Green said: “It’s not the revenue … we’re a working harbour. There is lots of noise, bangs and crashes.

“A Noon Gun that goes off every day, surprising the pigeons. There are going to be 50 000 to 60 000 people at the Waterfront and there is not going to be that many seagulls around. We need a little bit of tolerance; the majority of the people want to bring the New Year in this way.”

Mayco member for health and community services Patricia van der Ross confirmed the City retracted the permit. “When we investigated, we found the V&A did not supply proof of their engagements with abutting neighbours to inform them,” she said.

“When we received complaints, we noted that people would not complain if they had been informed, and when we checked, it was found that this proof was not submitted, so we retracted the permit.

“Yes, they appealed, but the appeal is handled by the City Manager. In the case of the Waterfront, they needed to engage with those living in the harbour, but also other parties like the management of New Somerset Hospital and animal organisations. Once they supply the proof that they engaged, they will get their permit back.”

The application will be heard tomorrow

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Cape Argus