Residents of the Observatory area have expressed dissatisfaction and demanded clarification regarding the implementation of a project to create private sports facilities—a five-a-side football pitch and padel courts—on land owned by the state and used by the school for the deaf.
Questions of Transparency and Public Participation
Residents living near Mary King School for the Deaf officially approached the Western Cape Education Department requesting written justifications for approving the proposal to develop these sports facilities on the school grounds. The residents emphasized that they are not opposed to improving the school but believe that the decision-making process has left them with serious concerns.
A representative of the residents' group stated that they support the school and its students, acknowledging the importance of improving the infrastructure and financial sustainability of the educational institution. However, the main concern relates to the lack of transparency and insufficient public participation, as they are neighbors and wish to be involved in a lawful and constructive process.
Approval Process and Legal Actions
The group submitted a formal request in accordance with the Promotion of Administrative Justice Act (PAJA), demanding written explanations. They also challenged the department's stance that the minister who made the decision lost their authority after issuing the proclamation. According to the residents, construction of the club began in May 2025, after they were allegedly informed about obtaining land use permits and building plans. Following this, they requested copies of City permits, but the documents were not provided after an objection from the developer.
Department of Education's Position
In response to the Weekend Argus, the Western Cape Education Department stated that it assessed the application according to Circular 0018/2024, which regulates the use of school immovable property in terms of Section 36 of the South African Schools Act. WCED noted that the proposal received support from the Provincial Minister of Education due to its potential benefit to the school community, provided all applicable legal and regulatory requirements are met. The Department clarified that its approval does not absolve the school or the developer from obtaining any other necessary permits.
The Department also explained that such applications are considered before municipal approval processes are finalized, and schools are notified of the need to obtain all required municipal and legislative permits before commencing any development work. Regarding the residents' PAJA request, WCED stated that any such formal request will be reviewed and answered in accordance with the provisions of the Act and applicable legal procedures.
Zoning Resolution
Deputy Mayor and member of the Mayoral Committee for Spatial Planning and Environment, Eddie Andrews, stated that the current zoning of the site allows for the realization of the proposed sports facilities. He explained that under the current zoning (Public Zone 1), padel courts and five-a-side football comply with the definition of open space according to the Municipal Planning By-law. Thus, the only permits issued in accordance with the MPBL relate to the erection of structures within the Heritage Protection Overlay Zone (HPOZ).
Andrews added that no land use change application was submitted because the zoning permits such development. He also stated that public participation is not required because the Public Zone 1 zoning allows for the placement of padel courts and five-a-side football on this site by right. Nevertheless, Andrews confirmed that complaints were received after the processing of the HPOZ-related application, and they were investigated and responded to.
Remaining Resident Concerns
Despite the authorities' statements, residents remain concerned about potential noise, light pollution, increased traffic, parking issues, and extended operating hours in the adjacent residential area. A residents' representative reiterated that their goal is not conflict, but ensuring a transparent process where all stakeholders are heard and decisions are made on a legal basis.