B L a a U W B E R G N a T U R E R E S E R

SPATIAL PLANNING AND ENVIRONMENT ENVIRONMENTAL MANAGEMENT DEPARTMENT Koos Retief Biodiversity Area Manager: Blaauwberg T: 021 444 0315 E: [email protected] B L A A U W B E R G N A T U R E R E S E R V E QUARTERLY REPORT: OCTOBER – DECEMBER 2019 CONTENTS Pg. 1 EXECUTIVE SUMMARY ......................................... 2 2 HIGHLIGHTS & CHALLENGES ............................. 3 3 CONSERVATION PLANNING .............................. 5 4 FLORA .................................................................... 5 5 FAUNA ................................................................... 10 6 SOIL ........................................................................ 10 7 WATER ................................................................... 11 8 FIRE ......................................................................... 12 9 PEOPLE, TOURISM & EDUCATION ..................... 14 10 STAFF ...................................................................... 19 11 LAW ENFORCEMENT ........................................... 20 12 INFRASTRUCTURE & EQUIPMENT ........................ 21 APPENDIX A: MAPS OF THE NATURE RESERVE 22 Figure 1. Map of Blaauwberg Nature Reserve. CITY OF CAPE TOWN QUARTERLY REPORT – 1 OCTOBER TO 31 DECEMBER 2018 1 Blaauwberg Nature Reserve | Blaauwberg-natuurreservaat | ULondolozo lweNdalo lase-Blaauwberg 1 EXECUTIVE SUMMARY The Blaauwberg Nature Reserve, formerly referred to as the Blaauwberg Conservation Area (BCA), was conceptualised in the 1980s. In 1996, conservation area status in terms of the National Monuments Act (Act 28 of 1969) was conferred on public-owned portions of land, as well as a section of private land comprising the site of the Battle of Blaauwberg. A proposed boundary for the Nature Reserve was also gazetted. In 2000, the Blaauwberg Conservation Area Development and Management Plan (see Figure 2 below) with recommendations were approved by the then Cape Metropolitan Council and Blaauwberg Municipality. One of the key programmes in the plan was the Land Consolidation Programme, which has resulted in three of the five identified private landholdings having been incorporated into the BCA in 2002, 2005 and 2010, respectively. The Land Consolidation is now continuing under the Protected Area Expansion Programme. It was only in late 2003 when on-site Reserve Management was established. The placement of a Reserve Manager in the Nature Reserve by the City of Cape Town coincided with, and was made possible by, the receipt of Critical Ecosystem Partnership Fund (CEPF) funding via the Cape Action for the People and Environment (C.A.P.E) programme. In 2006, the Western Cape Member of the Executive Council for Environmental Affairs and Development Planning granted approval for the establishment of the Blaauwberg Conservation Area Local Nature Reserve in P.N. 345/2006 dated 27 October 2006. The provincially-owned portions of the Nature Reserve were proclaimed as Blaauwberg Provincial Nature Reserve by means of P.N. 06/2007 dated 2 March 2007. Many of the City’s nature reserves were not properly proclaimed or were proclaimed under old and outdated legislation. Following a Public Participation Process (PPP), Council resolved in June 2011 that the City’s Environmental Management Department could proceed with the process to proclaim the City’s 14 nature reserves, including Blaauwberg, in terms of the National Environmental Management: Protected Areas Act, 2003 (Act 57 of 2003). The Provincial Minister of Local Government, Environmental Affairs and Development Planning in the Western Cape, Mr Anton Bredell, under section 23(1)(a)(i) of the National Environmental Management: Protected Areas Act, (Act 57 of 2003), declared Blaauwberg Nature Reserve in the Provincial Gazette 7837 on Friday, 20 October 2017. The City of Cape Town manages both its own, and the provincially-owned land, as a single entity called Blaauwberg Nature Reserve. The Vision for the Blaauwberg Nature Reserve is to “conserve, protect and enhance the unique diversity of natural, historical and cultural resources of this area for the sustainable enjoyment and development of present and future generations through education.” The Mission of the Blaauwberg Nature Reserve is to, “through judicious land acquisition and the development of economically viable conservation and education-related facilities and activities, secure the protection of the entire area and ensure its long-term sustainability based on sound ecological and cultural values.” Figure 2. Blaauwberg Conservation Area Concept Plan, 2000. CITY OF CAPE TOWN QUARTERLY REPORT – 1 OCTOBER TO 31 DECEMBER 2019 2 Blaauwberg Nature Reserve | Blaauwberg-natuurreservaat | ULondolozo lweNdalo lase-Blaauwberg 2 HIGHLIGHTS & CHALLENGES 2.1 HIGHLIGHT: Staff wished Senior Field Ranger, Willem Appollis, well on his retirement at the end of November 2019. Mr Appollis worked in the civil service for almost 44 years, of which the last 14 years were in the Biodiversity Management Branch. Mr Appollis was given the opportunity to address the Biodiversity Management Branch at the annual Team Building Day on 15/11/2019, as well as to address the Environmental Management Department at a Departmental meeting on 18/11/2019. Finally, a farewell braai was given for Mr Appollis at the Assegaaibosch Nature Reserve picnic site in Jonkershoek on 29/11/2019 (his last working day). The booking of the picnic site was provided with compliments of CapeNature. 2.2 CHALLENGE: Illegal occupants residing in condemned structures at the old Blaauwberg’s Valley farm portion of the Nature Reserve (see Figure 3 right) are continuing to exploit the natural resources of the Nature Reserve by harvesting wood and grazing domestic animals in the Hill Section. The occupants also move around in the Nature Reserve and have left management access gates open overnight. A follow-up meeting with the City of Cape Town’s legal advisers and legal counsel was held on 24/07/2019 to discuss the way forward with the court case. The City’s Informal Settlements division is still investigating potential sites for possible relocation of the occupants. The legal representatives of the occupants of have indicated their willingness to Figure 3. Aerial view of the homestead in the Nature Reserve. discuss the City’s proposals. BACKGROUND The occupants have consistently refused the City’s offers for alternative accommodation and have ignored several The City of Cape Town concluded a sale agreement with legal notices requesting them to vacate the premises. Garden Cities in 2010 to acquire two portions of land to incorporate into the Blaauwberg Nature Reserve. This sale The occupants’ refusal to vacate the property poses a was registered in the Deeds Office in January 2011. threat to the Nature Reserve’s biodiversity, including endangered plants and animal species, as well as a rich During negotiations it was recorded that a family was heritage of natural, cultural and historic elements. present and living on the old farm, and that the seller would not guarantee vacant occupation of the land. The establishment of the Nature Reserve, including the Legal advice was sought on the matter and the opinion construction of fencing, the introduction of large was expressed that, given the environmental value of the antelope, the restoration of the Critically Endangered land, the City had no option but to acquire the land Cape Flats sand fynbos, and research on the Battle of subject to the rights of the residents, notwithstanding that Blaauwberg, has been moving forward despite the illegal a process could be followed to secure their relocation. occupation of this area. The City has been engaging with the residents since The intension is to establishing the Battle of Blaauwberg site December 2013 about their illegal occupation of this part as an education and tourism hub. It has therefore become of the Nature Reserve. imperative to succeed in relocating the family. The City of Cape Town launched an urgent application in the Western Cape High Court that was heard on 22 June 2017. The Acting Judge reserved Judgement in this matter for 3 months. The appointed advocate / attorney for the City of Cape Town in this matter attended the High Court on 22 September 2017 to note the Judgement of Masuku, A.J. Judgement was given in favour of the occupants, rescinding any previous eviction and demolition orders granted by the Western Cape High Court. The City of Cape Town’s Legal Advisors and appointed Attorneys in this matter served a notice on the occupants reiterating (i) the proclamation of the nature reserve, (ii) the occupants’ unlawful occupation of the property, (iii) offer of alternative accommodation and (iv) listed restricted activities as per the Regulations for the Proper Administration of Nature Reserves R99. Authority has been granted for the appointment of a senior advocate and junior counsel to assist the City of Cape Town to go back to court. The legal deliberation is currently still on-going. CITY OF CAPE TOWN QUARTERLY REPORT – 1 OCTOBER TO 31 DECEMBER 2019 3 Blaauwberg Nature Reserve | Blaauwberg-natuurreservaat | ULondolozo lweNdalo lase-Blaauwberg 3 CONSERVATION PLANNING 3.1 The public participation process for the proposed nomination of the Blaauwberg Nature Reserve as a Provincial Heritage Site in terms of section 27 of the National Heritage Resources Act (Act 25 of 1999) has run its course. Heritage Western Cape commenced with a 60-day stakeholder commenting period on 11/09/2019. It is expected that the results of the public comments

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