A contested steel balustrade obstructing public access to part of the Hermanus coastline is coming down after years of dispute.
This is by order of the Western Cape High Court in a ruling handed down last week, the latest twist in a heated dispute that has divided the normally quiet seaside town, famous for its whale sightings — many of them from its incomplete coastal path.
But while the balustrade, erected by upmarket seaside apartment complex Bayview, will indeed be removed, it is still unclear where, or how, the public will be able to move along the stretch of rugged coastline known as Poole’s Bay. The position of the public pathway now depends on the location of the high water mark which is due to be determined in the coming weeks, by order of the high court.
What is clear is that, at least in the short term, the public will no longer have to run the gauntlet of the Bayview balustrade as irate residents direct whale watchers off “their” property which juts into Poole’s Bay at an awkward angle — from a public access point of view.
“Yes, we will be taking the balustrade down in compliance with the court order,” confirmed Andrew Collins, chairman of the Bayview body corporate. “What is not clear yet is where the high water mark lies and therefore where the public has access and where they do not.”
The Cliff Path Action Group (CPAG), which is leading the charge to complete the Hermanus path along Walker Bay, believes Bayview’s pool area is situated on public land, with their balustrade forcing most to brave a slippery route on the rocks below to walk along the coast.
Collins and other Bayview homeowners see it differently: “When this whole saga began we referred to our title deed which clearly showed the pool and surrounding areas as being on our private property. Not exactly unexpected as this has been what everyone believed for almost 100 years. However, it has become clear through the process of protecting our private land that the law has changed and our boundary is now the high water mark,” Collins said.
The court gave Bayview 10 days to remove the balustrade.
CPAG chairperson Jobre Stassen told TimesLIVE Premium the court decision was a major relief after years of factious interaction in Poole’s Bay, where property owners include the Hersov family. “It’s a huge win for public access to the coast,” said Stassen. “In the bigger context it is important that coastal law gets implemented. Coastal access is a worldwide fight.”
The Hermanus cliff path is now about 70% complete with the final two sections, of which Poole's Bay is one, due to be finished early next year. Once complete the public will be able to walk from one side of Hermanus to the other along the coast, along what many consider to be one of the world's most beautiful paths.
Part of the path passes a few metres away from the former home of the late Markus Jooste, whose body was found on the nearby rocks.
