Public trust shaken over Bergvliet development approval

Following ongoing concerns about traffic impacts and limited public engagement (link to previous PR), attention is now turning to environmental risks associated with the proposed Tokai High School development on Erf 1061 along the Bergvliet residential interface in Cape Town’s Ward 73.

Community members and independent reviewers have identified multiple environmental constraints that raise fundamental questions about the suitability of the site for a development of this scale.

Endangered species at risk

The site is confirmed habitat for the Western Leopard Toad (Sclerophrys pantherina), an IUCN Red List Endangered species found only on the Cape Peninsula. Verified iNaturalist records show the toads present on Erf 1061 itself during breeding season. Each year between July and October, they migrate northward across the site and surrounding roads to breed at Die Oog, a conservation area just 300 metres away.

Peer-reviewed research shows that more than 20% of toads are killed on peri-urban roads during migration. An independently commissioned TIA review quotes up to 1,500 peak-hour vehicle movements in and out of the site, directly across these migration routes. To date, no specialist fauna study has been commissioned, and mitigation measures remain unclear.

Wetlands and water quality threatened

Erf 1061 borders the Keysers River, which flows south into the Dreyersdal wetlands and ultimately into the Zandvlei Estuary Nature Reserve. The wetlands are already documented as ecologically compromised, with poor water quality driving eutrophication and siltation downstream.

While portions of the broader documentation contain desktop-level stormwater references, these were only received a week ago (22 May) and have not been subject to independent scrutiny. Converting 3.87 hectares of permeable land into hard surfacing for buildings, car parks, and roads is expected to increase polluted stormwater runoff into this system. Fuel residues, tyre particles, and chemical contaminants would add to a catchment researchers have identified as needing restoration, not further loading.

Outdated zoning cannot override modern law

The City of Cape Town argues that no Environmental Impact Assessment (EIA) is required because the site was zoned for a school in 1967. But this predates every piece of South Africa’s environmental legislation, including NEMA, the National Water Act, and the Constitution.

Section 24 of the Constitution guarantees the right to an environment not harmful to health or wellbeing. Section 2(4)(a)(vii) of NEMA enshrines the precautionary principle: where there is risk of serious or irreversible harm, a lack of full scientific certainty cannot justify inaction. These obligations apply regardless of outdated zoning decisions.

Need for comprehensive and independent review

Beyond traffic and safety, the environmental risks include:

• Road mortality of an Endangered species with limited mitigation planning.
• Stormwater contamination into a compromised wetland system.
• Artificial lighting disruption of nocturnal migration routes.
• Permanent habitat fragmentation severing the toad corridor.
• Groundwater reduction impacting river baseflow and wetland ecology.

Residents stress that the issue is not whether references exist, but whether the cumulative environmental and hydrological impacts have been sufficiently assessed and independently scrutinised.

Call for transparency

The community calls for:

• A specialist Western Leopard Toad migration study.
• A comprehensive stormwater and hydrological impact assessment.
• Independent peer review of the Traffic Impact Assessment.
• Enforceable lighting and construction restrictions.
• Legal testing of the City’s reliance on outdated zoning.

“Traffic, environment, scale—they are all interconnected,” a community representative said. “You cannot assess one in isolation and still arrive at a responsible planning decision. Oversized development forced through on flawed data will destroy both community safety and ecological heritage.”

Unexpected news

While the community was under the impression that the project was still in planning and engagement phases, residents were informed in an online meeting with Cllr Eddie Andrews on 21 May 2026 that the City has approved the project, with all statutory approvals in place. Construction can therefore proceed, reducing the community’s role largely to enrolment and ongoing engagement rather than influencing the development itself.

This revelation raises serious questions about procedural fairness and transparency. Residents stress that the absence of comprehensive, independently scrutinised environmental assessments — despite statutory approvals — undermines public trust and highlights the urgent need for accountability.