Saturday, November 2, 2019

Reflections on PHA's Day at the Cape Town High Court

It’s been a little over two weeks since the PHA Food and Farming Campaign had its day in court against the developer seeking to develop 472 hectares of the Philippi Horticultural Area. The Cape Town High Court heard both sides in a saga that has been going on for about a decade. In court on the side of the developer were the City of Cape Town and the Western Cape Provincial government, who were denying that they inappropriately approved land use decisions regarding the proposed development.

I sat in for both days of the trial. As a PHA Campaign supporter, at times it felt like watching your favorite football team playing, wanting your sheer will to push them to victory. It was hard sitting through the government’s statements. The City in particular made much about the so-called “myths” underlying the PHA Campaign’s case, which of course I found very biased in favor of the City’s position. Fortunately, they allow phones in the courtroom here, and social media provided an outlet during the hearing. (I’ll hopefully be able to share a rebuttal of the City’s arguments soon.)

The PHA Campaign had a healthy presence outside of the court, making clear that there is broad support for its cause. While the PHA Campaign itself organized a strong showing, a number of people answered the general call to the public to show up, which was really heartening to see. There were some creative outlets for protest.

Shortly after the case ended, some commercial farmers from the PHA published a piece clarifying that the PHA Campaign does not represent them. Unsurprisingly, opinions regarding the PHA, even within PHA residents and farmers themselves, is fractious. Nazeer Sonday, the small-scale farmer behind the PHA Campaign, does not ascribe to the mono-crop farming systems used by current commercial farmers, and for that he is often derided as insignificant or not taken seriously. Discounting small-scale farming is a common theme in Big Ag, as is eloquently put by two PHA activists in this recent piece from the Argus. I don’t hold it against these other farmers to clarify their position, and I understand their own hardship farming within the PHA, which, like much of the rest of Cape Town, faces significant security risks. These are compounded in the PHA, which is rural and therefore less monitored, by neglect by the state charged with protecting its people.

I do believe that there is an opportunity to not just save the PHA, but to cultivate it into an example for sustainable peri-urban agriculture. In doing so, I think there is room for everyone to benefit. Hopefully the Cape Town High Court will take the first step by throwing out a speculative attempt to chip away at the PHA.

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