Emmarentia Gardens - fencing the cyclists out

[wildog_a]

cyclists are not mentioned specifically in the new plans for the gardens, but it will affect us. See the master plan diagramme and more about the City Parks rationale on: http://www.jhbcityparks.com/latest/new-plan-for-botanical-gardens.html

then it seems we have an ally in EDGE, which is the dog walkers' pressure group! (sorry, it's a bit long and quite adversararial, but we may want to sign their petition.

 

VERY IMPORTANT NOTICE<?: prefix = o ns = "urn:schemas-microsoft-com:office:office" />

 

Dear EDGE members and concerned Emmarentia Park Users

You will all have been aware of the court action and the interim interdict that was obtained by EDGE and ERA/Eliott on 15 December 2007 to prevent Johannesburg City Parks ("JCP") putting up a fence through Emmarentia.  The fence which was in the process of being constructed before the interdict was obtained would have divided Emmarentia park in two and confined many park users to a small area to the South of the proposed fence.

About 6 weeks ago JCP conceded both EDGE and ERA/Eliott's High Court applications by withdrawing its decision to erect the fence.  They tendered to pay the costs of the court applications.  The victory was short lived.  No sooner had the decision between "withdrawn", JCP then published a new notice saying that it intends to implement certain "proposed changes" including the erection of the fence.  I attach a copy of this notice in PDF format. You will note from the map that they intend to erect the fence in precisely the same place as last year.

They have taken these steps because they realized that their decision was flawed at least on the following bases; procedurally because they did not consult with affected parties and substantively because they discovered after we had launched our court applications that there was an existing Johannesburg City Council resolution that had resolved that a fence should not be put up through Emmarentia.  JCP has since had this resolution rescinded by the Johannesburg City Council, thus paving the way for it to achieve its ultimate objective which is to put up the "palisade fence" precisely as decided and in the same place designated last year.  They are also attempting to pre-empt any criticism that they have not consulted with the community or followed due process.

JCP has demonstrated a very disturbing lack of bona fides in the manner in which it acted last year. I strongly believe that JCP will pay lip service to proper and full consultation and that whatever the views of the community are, they will find justification for erecting the fence.   While they say they are going to seek the views of the community and interest parties, the fence is a foregone conclusion and they will do whatever is necessary to give effect to their plans.  

EDGE will be calling upon its members to provide support for a potential further court challenge to stop JCP in its ongoing efforts to desecrate our treasured park.  This support could involve amongst other things:

assisting to update a petition against the erection of the fence (there are already about 3000 signatures)

putting up notices

liaison/communications (there are a number of affected organizations such as the boating club, the cycling club, running clubs)

financial assistance

gathering statements to be used in the court application

lobbying political representatives

obtaining of information and providing resources which will assist in the pursuance of further legal proceedings

If you are in position to assist in any of the above, please would you contact me telephonically or by e-mail.

A public meeting has been proposed for 26 November 2008 at 19h00 to be held at <?: prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Marks Park in the Pavillion room to discuss our opposition.  We will send you further details in due course.

The attached notice from JCP calls for "written comments" to be forwarded to Johannesburg City Parks care of Sim & Botsi Attorneys (being the attorneys who represented them in the High Court application).   EDGE intends to make a detailed submission and we invite you to consider the issues fully and send us your comments, which we may want to incorporate into EDGE's submission. 

A copy of the previous court application (which is not yet resolved) can be downloaded by clicking here http://www.dogwalkers.co.za/docs/EDGEvJCP.pdf (the file is 3.24 megabytes) Many of the arguments against putting up the fence are articulated in the founding papers of the court application and we urge members and persons who are opposed to the fence to download the documents and read them. They highlight the issues and may assist in clarifying the arguments in relation to our opposition to the erection of a fence.

Please also visit EDGE's website at www.dogwalkers.co.za   

Regards

Steven Kuny

Chairperson of EDGE

 

wildog_a2008-11-13 05:31:05

[Thug]

I think the erecting of a fence is total utter codswallop and will sign a petition against it.

 

[Hog_]

 

I think the erecting of a fence is total utter codswallop and will sign a petition against it.

 

I agree. It's a park! You can't fence off sections of a park! I understand that the issue for Joburg parks is that the dogs crap all over the place, and that they chase the birds, but they should rather enforce the rules - write fines to people with dog without a leash. Put baggies by the dustbins so that people can clean up after their dogs even if they forgot their bags. Write fines for people who don't clean up.

 

Not only will they make money through fines (as opposed to spending), they also change the behaviour of the visitors for the better.

 

 

 

[wildog_a]

although they are anti-fence, EDGE also seem to recognise the need for more controlled dog walking. According to their web site they

 are "an Association which aims to liaise with the relevant authorities to establish an area in the Jan van Riebeck Park in which dogs can run free..." and

"EDGE also recognises the importance of caring for the environment and aims to contribute to improving and maintaining our valuable open spaces."

There is already a no cycling sign outside the Emma gate near the dam wall, but they can't enforce it without the fence because we can say we came in the other end. If we are not vigilant, cyclists will be confined to the least interesting outer quadrant of the park with the dog poo!
 

[Hog_]

I've only been to Emmerentia Dam once, so I'm not familiar with the rules at all.

 

Devils advocate on:

If there is a sign that indicates we shouldn't be riding there, then why is this an issue? Just don't ride there, as indicated by the sign. You can't defend a right that you never had. Just because it isn't enforced, doesn't mean you should just do it anyway.

 

 

 

[Loon]

Agreed.

It is like in most parks overseas. Your dog is to be contained at all times and their crap pick-up. Other wise you gonna pay...

[Edition 507]

I feel that a world class botanical garden is of far more value to society than an area for a couple of mutts to run and sh*t in. I guess it is a dogs life after all. CarbonBoy2008-11-13 13:23:42

[Guest Big H]

Agreed.

It is like in most parks overseas. Your dog is to be contained at all times and their crap pick-up. Other wise you gonna pay...

 

Officials are normally easy to bribe. Pay him to pick up the pooh!!!!!!

[bustthesickness]

 

I used to ride @ Emmerentia often when I lived in Jo'burg. Firstly, except for the section at the bottom of the park where the single track weaves through the pine trees, the riding is crap. After a while, even the short singletrack is boring. It used to disgust me the amount of dog sh*t one would need to constantly dodge all the time. Pet owners seemed to actually take their pets there to have a crap. I can't tell you how many times I had to scrape it from my tyres. Truly, it was disgusting. Also, I was often bitten on the heels by mutts. Perhaps if dog owners had respect for the other people who would like to use the park and clean up after themselves and leash their pets as ordered by the signboards, this might not be happening.

 

IMO, if you live in that area of Jozi, get a nice big can of pepper spray, and hit the hills above Melville. The koppies have some great riding, especially at the top section above Westpark cemetery. Beware though, the area is FULL of vagrants. There are some really good single tracks up there though.

 

I guess it's spruit riding and MTN park now after work for those who live there. 

bustthesickness2008-11-13 14:38:00

[Dirtbreath]

Banning dogs from areas of the Park is just opening it up to criminals. What makes Emmarentia a safe place for people to use is the number of dog walkers all over the place.

 

So there is the odd dog turd here and there. Far worse things to worry about I think.

 

[Pundit]

i agree. the point here is that the park is used extensively by dog walkers and mountain bikers and also by walkers / runners. both dog walkers and mtb'ers are guilty of selfish behaviour at times in the park but the fence will ruin the park for everyone though