Chantelle Benjamin

Johannesburg Metro Editor

GAUTRAIN preferred bidder Bombela, the City of Johannesburg and Gauteng MECs for transport and agriculture are being taken to court by residents of upmarket Johannesburg suburb Dunkeld in a bid to change the route of the rapid rail link.

The notices, served late last week, say government ignored public opinion in selecting the route and asks that the court set aside the route approved by transport MEC Ignatius Jacobs.

This sees the train travelling under Dunkeld instead of following Oxford Road, as residents want.

The notices also ask for the Johannesburg High Court to order a public inquiry into the decision-making process that led Jacobs to select this particular route over two alternatives, arguing that Jacobs was biased in favour of it all along.

This is the second legal battle being fought by residents unhappy with the planned route.

According to documents submitted by Gautrain representatives, the route along Oxford Road would increase project costs.

The legal action could also affect the terms of financial closure with Bombela, expected at the end of the month.

Lawyers representing the pro-ject say in response to the Dunkeld challenge that "the horizontal curvature on the Oxford Road alignment will reduce the speed of the train, increase operational costs and constrain the required flexibility for future use of the line".

Peter Murray, lawyer for the Dunkeld Village Association, argues that the damage done to the suburb by the train would be incalculable, especially since the quality of suburban life in Dunkeld is already under pressure from commercialisation in Oxford and Jan Smuts roads, and two growing business districts, Illovo Boulevard and Rosebank.

A report conducted for residents by SRK Consulting Engineers and Scientists found that a 2002-03 environmental report commissioned by the project did assess the impact of noise and vibration on specific areas but looked at the overall impact on areas along the route, making it difficult to assess the impact on Dunkeld alone.

That report did not go into differences that may occur for reasons such as soil variation and the extent of ground water.

Lawyers for the Gautrain project say decisions such as the one to go under Dunkeld and avoid Oxford Road, were taken because it was cheaper and simpler to go that route.

The Muckleneuk/Lukasrand Property Owners’ and Residents’ Association in Tswane has also turned to the courts over the route, which they believe will destroy their area’s culture.

Despite recent changes to the route, which now follows the original train line and saves all the protected homes, Gautrain project leader Jack van der Merwe has yet to hear if Muckleneuk residents will withdraw their case.

Pretoria residents last week raised concerns about the impact of the train route not only on the Salvokop area, but on suburbs generally.