The first legal shots have been fired in what is gearing up to be an epic battle between officials of the City of Cape Town and angry library patrons.
In correspondence seen by TygerBurger, the City of Cape Town last week confirmed it would not close the library at the end of April, subject to urgent legal advice they have requested regarding the decision.
This comes after patrons officially started a group on 4 April called the “Friends of Tygervalley Library”.
Two legal experts are part of the group and have offered their services free of charge – attorney Frank Raymond, as well as advocate Louise Ferreira.
Many patrons and residents were shocked and angry when they learned of the City’s decision to close the library at the beginning of January.
The library was opened more than 30years ago and is housed inside the Tygervalley Shopping Centre, on the bottom floor.
Council made the decision on 15 December 2021, which was based on a report submitted to council in September.
The report said even though the library was one of the 10 busiest libraries of the metropole’s 102 libraries, the City decided to cut down on external leases.
The report stated government revenue had declined after Covid-19, forcing many libraries to offer reduced services – like shortened open hours. The City is in dire need of funds to maintain and secure its own buildings, it said, and as such needed to close both Tygervalley Library and Plumstead Library.
After the news became common knowledge in January, the City hosted an information session at Durbanville Library, where around 30 people showed up to ask questions and voice concerns.
It quickly became clear that many felt the decision wasn’t just wrong, but illegal, as they argued a proper public participation process wasn’t followed.
A committee of attendees was established after the meeting and have since renamed themselves the “Friends of Tygervalley Library.”
The group served a legal notice to the City on 8 April demanding the Counil “take urgent steps to reverse its invalid decision of 15 December 2021 to terminate the library’s lease with the Tygervalley Centre”.
If this isn’t done, the letter states, the group will approach the Western Cape High Court for urgent relief.
The group argues the decision was made without notice or consultation with the community. “Indeed, it appears that the City made a conscious decision to delay “engagement” with the community until after the closure decision was already made.”
The letter further says the decision was “irrational, unreasonable or otherwise unconstitutional”.
When approached by TygerBurger regarding the letter by the Friends of Tygervalley Library, the City confrimed they received the communication, which they are studying.
“The City has already sought legal advice in anticipation of potential legal proceedings, but will only receive it within the next few days and only thereafter a decision will be taken on any steps that may be required.”
