Herzlia is a school in the City of Cape Town, South Africa. The school has recently erected a fence around the Herzlia sports field, which has historically been shared with the public when not in official use by schools or sports clubs. The fence may conflict with existing lease terms prohibiting new permanent structures and limiting construction near electrical services. The public’s right to utilize the field when unused by schools or sports clubs is also threatened.
A fence has been erected around the Herzlia sports field, featuring several gates that, once locked, will prevent public access. Documents from October 2019 indicate a lease granting public use of the area outside official sporting events. This lease prohibits new permanent structures and limits construction near electrical services.
A view of the park in question, with new fence illustrated in red.
The fenced area encapsulates the Herzlia sports field, historically shared with the public when not in official use by schools or sports clubs. This shared use was reaffirmed in an October 2019 lease document. All the gates are locked, preventing public access to the field.
After the initial public outcry an explanation was provided by the school, stating that the fence was erected to facilitate the rehabilitation of the field. However, the fence configuration and gate lockouts suggest a more permanent restriction on public access. Temporary notices were affixed to the fence, but these have subsequently been removed.
2. Illegality of Fence
The fence may conflict with existing lease terms prohibiting new permanent structures and limiting construction near electrical services. The public’s right to utilize the field when unused by schools or sports clubs is also threatened.
Erecting a permanent fence may breach multiple lease conditions regarding public access and forbidden structures. These conditions specifically disallow building within 3m of electrical services and emphasize preserving the space for community recreation.
The previous lease terms provide for full public access when the field is not used for sporting purposes by United Hertzlia Schools. Currently, St Cyprians School, Stepping Stones Montessori, and Grass Boots FC use the fields on certain days for different sports codes. Property Management confirmed that the existing arrangements would remain and gathered schedules for using the field.
The previous lease conditions signed in 1992 are to remain in force.
No additional permanent structures are permitted.
No building, container, or structure shall be erected within 3m of the electrical services.
No stakes, pegs, or pins shall be driven into the ground within 1m of any part of the electricity services.
To immediately restore public access and rebuild community trust, the following actions must be taken:
Immediate removal of all locks from the gates to allow unrestricted entry.
Complete removal of the fence that currently restricts public access.
Rehabilitation of the field to its original state prior to the fence installation.
Hosting a community open day on the field to rebuild trust and foster collective oversight of the space.
These steps are critical to re-establishing community rights and ensuring that public spaces remain accessible for all.
4. Call to Action
Community members are urged to contact local authorities and representatives, voicing concern over the fence’s impact and advocating for adherence to the lease’s original provisions ensuring public access.
Residents are encouraged to compare the fence configuration with the lease stipulations, share these concerns with relevant municipal or educational authorities, and stress the importance of transparent, community-driven solutions.
Email your councillor
Craft a detailed message outlining the fence issue, highlighting lease violations and community impact, and request timely intervention.
Contact the school's administration to seek clarity on the fence installation, its repercussions on public access, and propose cooperative measures for resolution.
Engage directly with the superintendent to voice the community’s concerns, request explanations, and discuss options to safeguard shared community spaces.
The school's disregard for established lease conditions and its refusal to address public concerns not only undermine community rights, but also set a dangerous precedent of unaccountability. Bringing this behavior to light is crucial for fostering transparency and ensuring that public interests are not sacrificed for private gain. Informing the press can galvanize community action and prompt necessary reforms.
