Environmental Case Study · Erf 1061, Bergvliet, Cape Town
A 1967 zoning being used
to ignore a 2026 reality.
A 1,120 learner “mega” school (Tokai High School) is being planned on Erf 1061 in Bergvliet, Cape Town.
An International Union for Conservation of Nature (IUCN) Endangered species lives and breeds in and around Die Oog, and the Dreyersdal area of Bergvliet where Erf 1061 is located. The Keysers River flowing southward along the western edge of the site, drains into the Dreyersdal wetlands and continues to Zandvlei Estuary. The City of Cape Town says no environmental assessment is required because the site was zoned for a school in 1967.
That zoning predates every piece of environmental legislation South Africa now has.
01
Endangered species
documented on site
02
Keysers River on the
western boundary
03
A 1967 zoning
exempts nothing
04
TIA hidden -
Ombudsman intervened
━ THE CORE PROBLEM
A zoning decision made before any of this was known.
The Western Cape Education Department (WCED) is the developer applying to build Tokai High School on Erf 1061 in Bergvliet. The City of Cape Town (CoCT) is the regulatory body in charge of making sure all impact assessments have been completed, and all development conditions are met.
With regards to the Environmental Impact Assessment (EIA), CoCT’s position is technically straightforward: because Erf 1061 was zoned for educational use in 1967, no formal EIA is triggered. No zoning change, no EIA requirement. End of argument as far as the City is concerned.
But the law has changed beyond recognition since 1967. The ecology of this site has been documented. An IUCN Endangered species has been confirmed breeding in Die Oog – a mere 300m from Erf 1061 – and surrounds. A river running along its boundary drains into a wetland system that researchers have specifically identified as ecologically compromised. The precautionary principle embedded in NEMA does not contain an exception for old zoning decisions.
The question is not whether a 1967 zoning technically exempts this development from a mandatory EIA. The question is whether the City of Cape Town – knowing what it knows now – can lawfully proceed without one. Those are fundamentally different questions. The City is answering only the first.
━ 1967 VERSUS 2026
What existed then and what is known now
In 1967, this was agricultural land on Cape Town’s urban fringe. The zoning was granted without any ecological knowledge, without environmental law, and without any awareness of the species or watercourses that depend on it.
1967
WHAT EXISTED
- Agricultural land expropriated for future school
- No environmental legislation in South Africa yet existed
- No IUCN species assessments
- No biodiversity or catchment mapping
- No Constitution, National Environmental Management Act (NEMA), National Heritage Resources Act (NHRA), or National Water Act (NWA)
- Keysers River not yet classified or protected
2026
WHAT IS NOW KNOWN
- IUCN Endangered WLT confirmed on Erf 1061 by iNaturalist
- Keysers River flows south along the site into the Dreyersdal wetlands
- Dreyersdal wetlands documented as Zandvlei catchment restoration priority
- Die Oog breeding ground 300m north – toad migration crosses the site
- NEMA (1998) · NHRA (1999) · NWA (1998)
- Western Leopard Toad legally protected regardless of zoning status
Sclerophrys pantherina
The Western Leopard Toad. Endemic to the Cape Peninsula. Confirmed present on Erf 1061 during breeding season and otherwise by iNaturalist records. Migrates northward to Die Oog to breed. No specialist fauna study was commissioned by the applicant.
The breeding migration - July to October
Toads leave their foraging gardens south of Die Oog – including gardens immediately surrounding Erf 1061 – and travel northward, crossing Erf 1061, Ruskin Road and Leyden Road, to breed at Die Oog. This journey currently takes place on quiet residential streets. The proposed school would saturate those streets with traffic.
Suburban gardens
Year-round foraging in gardens throughout Dreyersdal and surrounding Erf 1061.
Erf 1061
Passage habitat. iNaturalist confirms toads present here during breeding season.
Die Oog
300m north. Primary breeding ground. One of the last on the Cape Peninsula.
>20%
Average road mortality per breeding season at peri-urban sites (Kruger 2014, IUCN)
1,527*
Additional vehicles per AM peak hour proposed across current migration crossing roads
0
Specialist fauna studies commissioned by the applicant at any stage of this process
━ THE WESTERN LEOPARD TOAD
Exists in the Western Cape. Nowhere else on Earth.
Sclerophrys pantherina – the Western Leopard Toad – is classified as Endangered on the IUCN Red List. It is endemic to the Western Cape and exists nowhere else on Earth. Its total area of occupancy is just 405 km². Its population is considered severely fragmented with continuing decline in habitat quality.
Die Oog, a conservation area 300 metres north of Erf 1061, is one of the most significant breeding sites for this species in the Cape Metropolitan area. Each year between July and October, Western Leopard Toads migrate northward from the suburban gardens around Erf 1061 – crossing the site itself – across Ruskin Road and the surrounding streets, to reach Die Oog to breed. iNaturalist records verify the presence of Western Leopard Toads on Erf 1061 itself during this breeding season. The school site is not near toad habitat. It is toad habitat.
Peer-reviewed research shows more than 20% of monitored toads are killed on peri-urban roads during migration. The proposed development would place a 1,120-learner school – generating 1,527* additional AM peak vehicle movements – directly across the routes these toads currently use to reach Die Oog in comparative safety.
Evidence: Verified iNaturalist Records
The presence of the Western Leopard Toad on Erf 1061 during breeding season is documented by verified community observations on iNaturalist – a platform used and cited by conservation scientists globally and accepted as legitimate ecological evidence in environmental assessments. Publicly verifiable at inaturalist.org.
IUCN STATUS
Endangered. Area of occupancy: 405 km². Population severely fragmented. Continuing decline in habitat quality and extent.
BREEDING & MIGRATION
July to October. Toads migrate northward from foraging gardens to Die Oog to breed. Erf 1061 confirmed as passage on this route.
Road Mortality Risk
>20% of monitored toads killed on peri-urban roads per season (Kruger 2014, peer-reviewed). New school adds 1,527* vehicles to crossing roads.
LEGAL PROTECTION
Protected under Nature Conservation Ordinance No. 19 of 1974 and NEMA. Protection applies regardless of the zoning status of the land it occupies.
━ The Keysers River & Dreyersdal Wetlands
Already compromised. Still ignored.
The Keysers River flows southward along the western boundary of Erf 1061, draining into the Dreyersdal wetlands – the large wetland area immediately south of the development site – and then continuing south through Tokai and Retreat to Zandvlei Estuary, before reaching False Bay.
The Keysers River and its catchment have been the subject of peer-reviewed academic research on sustainable urban drainage. That research specifically identifies the Dreyersdal wetlands as a key ecological node in the system, recommends improved connectivity between the river and the Dreyersdal Farm dam, and documents that poor water quality in the Keysers River is already driving eutrophication and siltation in Zandvlei Estuary. The City of Cape Town’s own inland water quality monitoring confirms this. The Zandvlei Estuary is a formal City of Cape Town Nature Reserve – and its deteriorating water quality is a documented concern.
Converting 3.87 hectares of permeable open land directly upstream of the Dreyersdal wetlands into hard-surfaced buildings, car parks, and access roads would dramatically increase stormwater runoff volume and contamination into a system already identified as requiring restoration. No publicly disclosed stormwater or hydrological assessment has been made available to affected residents. No environmental management plan was required. The City maintains they don’t have to follow any of these important steps.
Peer-Reviewed Research - Keysers River Catchment
Zandvlei Estuary Management Plan
The water flows south through the Dreyersdal wetlands to Zandvlei
━ PROJECTED ENVIRONMENTAL IMPACTS
What this development would do without a single ecological assessment.
Road Mortality - Toad Migration Route
1,527 additional AM peak-hour vehicles across roads that Western Leopard Toads currently cross northward to reach Die Oog. With >20% road mortality already documented at peri-urban sites, this traffic volume across an active crossing could be catastrophic for a locally confirmed Endangered population. No fauna study. No toad crossing plan. No seasonal construction restrictions.
Stormwater Contamination - Keysers River & Wetlands
Converting 3.87ha of permeable land to hard surfacing dramatically increases runoff volume and contamination into the Keysers River which researchers have already identified as a source of eutrophication in Zandvlei Estuary. Fuel residues, tyre particles, and chemical runoff would enter a catchment system that peer-reviewed studies recommend for restoration, not additional loading. No known assessments have been done.z
Artificial Lighting - Nocturnal Migration Disruption
School security lighting, car park illumination, and sports facility floodlights would introduce artificial light into a currently dark nocturnal interface along the toad migration corridor. Western Leopard Toads migrate nocturnally and are highly sensitive to light disruption. Sustained artificial lighting along migration routes significantly reduces crossing success rates. No lighting assessment was done.
Habitat Fragmentation - Severing the Migration Corridor
Hard surfacing, perimeter security fencing, and constant human activity would permanently interrupt the open passage habitat that connects foraging gardens south of Erf 1061 to Die Oog’s breeding area 300 metres north. This connectivity is confirmed in use by the Western Leopard Toad. Once severed, it cannot be restored. The fragmentation is permanent and irreversible.
Groundwater Reduction - Keysers River Baseflow
The Keysers River is a perennial river – it flows year-round, sustained in part by groundwater recharge from the surrounding permeable landscape, including Erf 1061. Hard surfacing 3.87 hectares reduces groundwater infiltration and may reduce the river’s baseflow during dry periods, directly impacting the aquatic ecology of the Dreyersdal wetlands below. This was not assessed.
Construction Phase - No Environmental Management Plan
Earthworks, pile driving, dust, and construction traffic would impact the site for 12–18 months, spanning multiple toad breeding seasons. No Environmental Management Programme was required as a condition of approval. No stop-work protocols during July to October were specified. No ecological monitoring plan exists. Construction runoff into the Keysers River during earthworks is completely unmanaged.
━ THE TRAFFIC IMPACT ASSESSMENT
TIA withheld from residents.
Ombudsman had to intervene.
The WCED commissioned a Traffic Impact Assessment as a mandatory requirement of the building plan submission to the City. The TIA existed throughout the entire heritage and appeal process. The community had a legal right to it under PAIA. The City of Cape Town refused access – twice. What followed raises serious procedural concerns.
2025 - Development Plan Submission
WCED submits TIA to City as part of the building plan
As a mandatory requirement of the approval process, the Western Cape Education Department commissioned and submitted a Traffic Impact Assessment to the City of Cape Town. The TIA formed part of the official record. The community – representing 274 formal objectors with statutory rights – was never given access to it during any stage of the heritage hearing or appeal process.
November 2025 - First PAIA Request
Community files formal PAIA request - City refuses
December 2025 - PAIA Appeal
Community formally appeals the refusal - City refuses again
Early March 2026 - Ombudsman Intervention
The Ombudsman orders the City to comply with the law
"The City of Cape Town is in contravention of the Promotion of Access to Information Act by declining to provide the Traffic Impact Assessment to the requesting parties."
Early March 2026 - Ombudsman Intervention
Community finally receives the Traffic Impact Assessment
Why this matters on three levels
Procedural unfairness
Institutional failure
Potential ground for review
━ THE LAW IS CLEAR
The constitutional question cannot be ignored.
A historical zoning exemption does not override the city’s duty to protect an Endangered species it now knows lives on the site.
The City’s position answers only whether a formal EIA trigger exists under the current listing notices. It does not answer whether the state can lawfully proceed – knowing what is now known – without a single specialist assessment of an IUCN Endangered species confirmed on the development footprint, or of a river on the site boundary that drains into a wetland system already identified as ecologically compromised.
Section 2(4)(a)(vii) of NEMA establishes the precautionary principle as a binding obligation on every organ of state. It is not qualified by historical zoning decisions or the technical absence of a formal EIA requirement. The Western Leopard Toad is also protected under the Nature Conservation Ordinance No. 19 of 1974. Its protection does not depend on whether the land it occupies is correctly zoned.
“Where there is a risk of serious or irreversible environmental harm, a lack of full scientific certainty may not be used as a reason for postponing measures to prevent environmental degradation.”
— NEMA Section 2(4)(a)(vii)
“Everyone has the right to an environment that is not harmful to their health or wellbeing; and to have the environment protected, for the benefit of present and future generations.”
— Constitution of South Africa, Section 24
━ Best Practice vs city of cape town's actions
What responsible development requires.
What's actually happening.
These are not meant to be optional extras. They are what accountable environmental and heritage governance looks like on a development of this sensitivity.
| REQUIREMENT | BEST PRACTICE / LEGAL BASIS | TOKAI HIGH SCHOOL - ERF 1061 |
|---|---|---|
|
Fauna / species study |
✓ Required where protected species are known to be present |
✕ Not conducted – WLT confirmed on site, no study commissioned |
|
Stormwater & hydrological assessment |
✓ Required for hard-surfacing draining into named waterways |
✕ Not conducted – Keysers River and Dreyersdal wetlands unassessed |
|
Traffic Impact Assessment |
✓ Commissioned by WCED and submitted to CoCT |
✕ Withheld from community twice – Ombudsman intervention required |
|
Nocturnal lighting assessment |
✓ Required adjacent to confirmed nocturnal wildlife corridors |
✕ Not conducted – no lighting conditions imposed on approval |
|
Visual Impact Assessment |
✓ Raised as requirement by HWC Heritage Officers, October 2025 |
✕ Not conducted – alien Eucalyptus screen proposed as substitute |
|
Environmental Management Programme |
✓ Required before construction on ecologically sensitive sites |
✕ Not required – no compliance or monitoring mechanism exists |
|
Water use authorisation (National Water Act) |
✓ May be required where development impacts a water resource |
✕ Not assessed – proximity to Keysers River not considered |
|
Written reasons for decisions |
✓ Mandatory under PAIA |
✕ Not provided as of May 2026 |
━ WHAT MUST HAPPEN
Five environmental demands.
These are not requests. They are what the law, the evidence, and basic accountability require.
1
A specialist Western Leopard Toad migration study must be commissioned and published
A qualified herpetologist must map all migration routes in the Bergvliet/Die Oog corridor, document all iNaturalist records on and around Erf 1061, assess the impact of the proposed development on northward migration success across the site and Ruskin Road, and specify enforceable mitigation – including seasonal construction restrictions during July to October, toad crossings, and road speed limits at confirmed crossing points. This must be a public document open to community comment.
2
A stormwater and hydrological impact assessment of the Keysers River and Dreyersdal wetlands must be conducted
A specialist engineer must assess the change in stormwater runoff volume and contamination from converting 3.87 hectares to hard surfacing, model the downstream impact on the Keysers River and the Dreyersdal wetlands – already documented as ecologically compromised – and quantify the additional pollution load reaching Zandvlei Estuary. A binding stormwater management plan must be the outcome, not a recommendation. No stormwater assessment was done despite clearly being a necessity.
3
The Traffic Impact Assessment must be independently reviewed and publicly addressed
Released only after Ombudsman intervention, the TIA must now be independently peer-reviewed and its findings publicly addressed before any further decision is made. The community must be given adequate time to review the document and respond to its contents. A document central to the approval cannot have been hidden from affected parties throughout the entire process and then treated as settled.
4
Enforceable nocturnal lighting limits must be imposed as binding conditions
Any consideration of this development must include enforceable maximum lux levels at the site boundaries during the toad breeding season (July to October), a prohibition on night floodlighting of sporting facilities year-round, and seasonal noise management measures. These must be binding permit conditions with independent monitoring – not planning recommendations with no enforcement mechanism.
5
The 1967 zoning position should be legally tested if the City continues to rely on it without proper current environmental assessment.
Whether a 1967 zoning decision can permanently exempt a development from environmental obligations under NEMA, the Constitution, and the Nature Conservation Ordinance – when an IUCN Endangered endemic species has since been confirmed on the site – is a question of law. It is a question that deserves a High Court answer. The community intends to put it there if the City of Cape Town continues to disregard the importance of our wildlife.
The toads can't sign the petition. You can.
The Western Leopard Toad crosses Erf 1061 every year to breed at Die Oog. The Keysers River carries whatever runs off that land into the Dreyersdal wetlands and Zandvlei. Not one specialist looked at either. The City says a 1967 zoning means they don’t have to.
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Abbreviations and Accronyms:
- IUCN – The International Union for Conservation of Nature
- TIA – Traffic Impact Assessment
- CoCT – The City of Cape Town
- WCED – Western Cape Education Department
- WLT – Western Leopard Toad
- NEMA – The National Environmental Management Act
- NHRA – National Heritage Resources Act
- NWA – The National Water Act
- PAIA – The Promotion of Access to Information Act
- EIA – Environmental Impact Assessment
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