ConCourt seals Tshwane's right to alter road names

22 July 2016 - 08:50 By TMG Digital

The Constitutional Court has ruled in favour of the City of Tshwane in its drive to remove 25 apartheid-era street names in Pretoria and replace them with those who fought for the liberation of the city.

The court upheld an appeal by the city against an interim order granted by a high court in 2013, which restrained the municipality from removing street and road signs bearing the old names of streets pending a review application by AfriForum.In 2013 Judge Bill Prinsloo also ordered the city to restore and replace signs bearing the old names within two months.The city unsuccessfully appealed this judgment before a full bench of the High Court and the Supreme Court of Appeal.In a majority judgment Chief Justice Mogoeng Mogoeng said having solicited a diversity of views, including those of AfriForum and other residents, the council had resolved - as it was empowered - to replace the identified old street names.Mogoeng said the High Court nevertheless granted an order restraining the council from implementing its decision, also directing it to reinstate old names at a cost of R2.6-million."An interim interdict in this instance should in these instances be granted in the rarest of cases. Intrusion into the sphere of operation reserved only for the other arms of state is an exercise not to be overzealously carried out by a court of law," Mogoeng said."The sense of place and sense of belonging contended for by AfriForum is highly insensitive to the sense of belonging of other cultural or racial groups," he added. - ..

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