Cape Town Mountain Safety Row

[LazyLion]

An action group in Cape Town has sought legal advice to see if Table Mountain crime victims can take class action against SA National Parks and the city, it was reported on Thursday.

More than 270 people have fallen victim to crime on the Table Mountain range, reported the Cape Times.

If class action was not feasible, the group would turn to Public Protector Thuli Madonsela, said Andre van Schalkwyk, head of the Table Mountain Safety Action Group.

This action followed the rape of a 19-year-old Norwegian exchange student on Signal Hill at the weekend.

No arrests had been made.

"There's liability here. There needs to be some kind of class action for people who were hurt in these incidents," said Van Schalkwyk.

He said he was acting out of "sheer desperation and anger".

A closed meeting between SANParks, the city, police, Cape Town tourism and other authorities was held to discuss the latest attack and decide on security measures.

According to the report, SANParks had applied to the city to control access to Signal Hill road and Tafelberg Road after hours.

Up to three SANParks members would man the control point.

Other measures included refurbishing an existing CCTV camera and installing licence plate recognition cameras.


Source : Sapa /je/fg/ks
Date : 11 Apr 2013 09:24

 

[Nerfherder]

Sad thing is that eventually they will have to fence off the mountain.

I have been thinking about it for a while and I'm going to have to get a pepper spray to take with me.

 

[deweyzeph]

It's an absolute disgrace that there are not signs at the entrance to the road leading up to Signal Hill warning tourists about the dangers of being on Signal Hill at night. No Capetonian in their right mind would go there after hours. Every Capetonian knows you are in mortal danger of being robbed, raped or worse if you go to Signal Hill after hours. It's a real pity that tourists have to find this out the hard way.

 

[USZA]

I don't see how some people can put themselves in harm's way and then want to sue the city when harm comes to them. This is not America. Hopefully we haven't regressed that far to a nanny state.

 

[AlmightyBender]

This is pretty dumb, how can they be liable? If they are then ZA government is liable if I am a victim of crime in my own home because it happened in South Africa. And everybody is liable for every little thing that happens to others on their property, which is everywhere in the country. Makes no sense.

 

[scudsucker]

They can't fence off the mountain, it is too large and people would just break the fence to get in to rob.

The mountain is huge and there are regularly hundreds of people on it. It's impossible to police the whole thing.

I have sympathy for this girl and all other mountain crime victims, but.... mountain safety is up to the user, too.

Don't go park off by yourselves in the dark in a known crime area. Don't carry valuables, be aware of what is around you. etc etc.

I've been all over the mountain, often by myself, including the front face, Devil's Peak and Signal hill - the high crime areas - and never had any problems in 13 years.

 

[DJ...]

As despicable as the crime is, were any sound arguments made as to why table mountain crime is different to crime in other locations?

 

[USZA]

This is pretty dumb, how can they be liable? If they are then ZA government is liable if I am a victim of crime in my own home because it happened in South Africa. And everybody is liable for every little thing that happens to others on their property, which is everywhere in the country. Makes no sense.

I almost want to +1 this post but I felt the need to confirm what you've said. This is exactly what it comes down to. Lunacy I tell you.

 

[scudsucker]

It's easier to get excitable about the mountain, which is a tourist attraction than it is about Lavender Hill.

Where a LOT more than 270 people have fallen victim to crime.

 

[DJ...]

This is pretty dumb, how can they be liable? If they are then ZA government is liable if I am a victim of crime in my own home because it happened in South Africa. And everybody is liable for every little thing that happens to others on their property, which is everywhere in the country. Makes no sense.

I'm quite sure there can be arguments made for negligence and if so then the government and/or police service need to be held accountable. But is there evidence of such negligence?

 

[Kornhub]

They can't fence off the mountain, it is too large and people would just break the fence to get in to rob.

The mountain is huge and there are regularly hundreds of people on it. It's impossible to police the whole thing.

I have sympathy for this girl and all other mountain crime victims, but.... mountain safety is up to the user, too.

Don't go park off by yourselves in the dark in a known crime area. Don't carry valuables, be aware of what is around you. etc etc.

I've been all over the mountain, often by myself, including the front face, Devil's Peak and Signal hill - the high crime areas - and never had any problems in 13 years.

I would never bring a girlfriend to a place like that...Well maybe if we had a massive group.

 

[shogun]

I don't see how some people can put themselves in harm's way and then want to sue the city when harm comes to them. This is not America. Hopefully we haven't regressed that far to a nanny state.

That being said, it's not a bad idea to put some security in the parks... at least in the reasonably popular areas.

 

[scudsucker]

That being said, it's not a bad idea to put some security in the parks... at least in the reasonably popular areas.

There is. Dog patrols on Signal hill, especially, and I often see rangers on the Pipe track.

 

[Nerfherder]

As despicable as the crime is, were any sound arguments made as to why table mountain crime is different to crime in other locations?

Its a world heritage site and its a big tourism puller, also it used to be safe.

 

[DJ...]

Its a world heritage site and its a big tourism puller, also it used to be safe.

Therefore it warrants different standards of accountability in law? I think not...

 

[deweyzeph]

The negligence on the part of the City is because Signal Hill is a well-known crime hotspot where many unsuspecting tourists are regularly robbed and sometimes raped, and yet the City has not done anything to warn people about this. There are not signs warning people to stay away from the area at night, and there is no access control to the area. That to me is gross negligence on the part of the City and on the part of the SAPS and the Metro Police.

 

[ponder]

I don't think there is such a thing as class action suites in SA.

 

[DJ...]

I don't think there is such a thing as class action suites in SA.

Which stadium are we talking about here?

Although we don't refer to them as class action suits, the law allows for collective redress law suits...

http://www.roylaw.co.za/home/articl...-litigation-in-south-africa/pageid/litigation

 

[scudsucker]

I don't think there is such a thing as class action suites in SA.

Class action suite:


As for a class action lawsuit, no, I don't think there is. Also: if it can be done by victims of crime on the mountain it should be possible for crime victims in Lavender Hill (and anywhere) to file suit too.

 

[daveza]

if it can be done by victims of crime on the mountain it should be possible for crime victims in Lavender Hill

I'm sure they could try file against Zuma.