Newlands – New Water Collection Point in Newlands Cape Town

[caption id="attachment_6323" align="alignleft" width="300"]New Water Collection Point Taps - Newlands Cape Town New Water Collection Point Taps – Newlands Cape Town[/caption]             The water crisis in the Western Cape is still upon us. Other than limiting our water usage, the majority of Cape Town ratepayers had to drill deep into their pockets to pay for the water they consumed. For many, no matter how little water they consume, they pay more for water now, than ever before. The crisis is affecting our pockets. Since the water crisis, residents have resorted to alternative means of acquiring and saving water. Some are using boreholes, others JoJo tanks, and others collecting water from various springs around Cape Town. One popular area where springs are in abundance, is Newlands, Cape Town. Since recently, people collected water from two points in Newlands. Now there is an additional collection point available to the public, situated behind the Newlands Swimming Baths, in Cape Town. Look at the picture above, can you see the empty swimming pools?   [caption id="attachment_6316" align="alignleft" width="300"]View from the parking lot at the new Water Collecting Point, Newlands, Cape Town View from the parking lot at the new Water Collecting Point, Newlands, Cape Town[/caption]          

 When did the new Water Collection Point Open?

The new water collection point opened its doors (or taps) to the public on Wednesday 9 May 2018. We, however, presume that it was only officially open the following day. Don’t quote us on that. Not many people know of it yet. A visit to the location on Friday morning, at 5:40, while doing a run, woke up the security guard on duty. It was clear he was new to his job and was a bit startled. Needless to say, we were welcomed to use the taps. We thought it was best to first check out the new location, before coming with our buckets, bottles and wheelbarrows to collect water.   [caption id="attachment_6322" align="alignleft" width="300"]Behind Newlands Baths is the New Spring Water Collection Point Parking Lot at the new New Spring Water Collection Point, Newlands, Cape Town[/caption]

 Where is the new Water Collection Point Situated?

This new Water Collection Point is situated behind the Newlands Swimming Pools. The pools are currently empty. One would wonder why not fill the pools up with spring water? After all, there is an abundance of it, and its free. Let’s leave that thought again for summer. To get to the new location, you have to drive from Claremont, southwards, towards Cape Town, with Newlands Baths on your left. As you pass the Baths, you would soon see a turn off to your left, taking you into the parking lot of the new collection point. There seems to be ample parking. However, with this water crisis still looming, congestion is expected in the near future. When we visited the location this afternoon, to take some pictures (from our phone – who moves around these days with a camera?), they were busy with some maintenance work at the entrance. It seems as if they were cutting some branches, making way for the parking. The picture collaborates with our assumption. We guess in the next few weeks, security will be more visible on the post. [caption id="attachment_6317" align="alignleft" width="300"]Newlands Springs Collection Point May 2019 Parking Area close to Spur Drive into the new Spring Water Collection Point – Close to Spur[/caption]

What are the operating times?

According to the banner on display, the operating times are from 05:00 until 23:00. So, if you are an early bird (like us), or late sleeper (or both), they cater for you. The current operating water collection points in Newlands are open 24/7. This may come to an end soon. We were advised by security that they expect approximately 5000, yes five thousand visitors a day. We suggest that you consider parking at the Parking Lot of Newlands Baths, should you decide to collect during peak times. The only problem with that is, you would have to walk about 200 meters to your vehicle with bottles in your hands. Unless you have a trolley, that may not be an issue. We presume many entrepreneurs would be nearby assisting people with their water carrying for a small fee. Otherwise, use it as your weekly workout session.  

 Newlands Springs Collection Point May 2019 - New Taps

The new Water Collection Taps at Newlands Cape Town

 Can one drink the water?

According to the banner on display (it may be clear in one of the pictures); you use the water at your own risk. That is a good disclaimer. We were however advised by the security on site that it is the same water the comes from the taps of the sister springs. It was said that the municipality will manage the new taps, so I guess a disclaimer is essential. Should your tummy ever cramp, remember the disclaimer before speaking to your lawyer. And no, we are not the City’s lawyers. [caption id="attachment_6320" align="alignleft" width="300"]Water Crises Cape Town Newlands Spring Collection Point Baths View to 8 taps on the North Facing Side of the Collection Point[/caption]

How much can you collect?

The rules are the same as at the other springs, 25 litres of water per person. So, bring with all your kids, neighbours and friends and make an outing of it. Unless the law changes, pets do not count as persons for the purposes of water collection (fee legal advice). If you have time available, fill up a 25-litre container, take it to your car, and then stand in the queue again. That might save you a few trips to Newlands. [caption id="attachment_6318" align="alignleft" width="300"]Newlands Springs Collection Point May 2019 - Parking for Water Collectors Newlands Springs Collection Point May 2019 – Parking for Water Collectors[/caption]

 Things to note

  • 25 Litres per person;
  • 15 minutes of parking;
  • Wait your turn;
  • Have loads of patience;
  • Wheel Clamping;
  • Use water at your own risk;
  • Collect from 05:00 until 23:00;
  • Enjoy the experience
  • Keep saving water
[caption id="attachment_6332" align="alignleft" width="300"]Water Crises Cape Town Newlands Spring Collection Point Water Crises Cape Town Newlands Spring Collection Point[/caption]             If you have any comments, please feel free to post it below. Also, have a look at a previous article on World Water Day. If you want some insight into the law, read this article:

YOUR HUMAN RIGHT TO DRINKING WATER: A BRIEF CONSTITUTIONAL PERSPECTIVE

HAPPY WATER COLLECTING – OUR LAWYER WATER WARRIORS

   
Posted on by Telelaw

Newlands – New Water Collection Point in Newlands Cape Town

New Water Collection Point Taps - Newlands Cape Town
New Water Collection Point Taps – Newlands Cape Town

 

 

 

 

 

 

The water crisis in the Western Cape is still upon us. Other than limiting our water usage, the majority of Cape Town ratepayers had to drill deep into their pockets to pay for the water they consumed. For many, no matter how little water they consume, they pay more for water now, than ever before. The crisis is affecting our pockets.

Since the water crisis, residents have resorted to alternative means of acquiring and saving water. Some are using boreholes, others JoJo tanks, and others collecting water from various springs around Cape Town. One popular area where springs are in abundance, is Newlands, Cape Town. Since recently, people collected water from two points in Newlands. Now there is an additional collection point available to the public, situated behind the Newlands Swimming Baths, in Cape Town. Look at the picture above, can you see the empty swimming pools?

 

View from the parking lot at the new Water Collecting Point, Newlands, Cape Town
View from the parking lot at the new Water Collecting Point, Newlands, Cape Town

 

 

 

 

 

 When did the new Water Collection Point Open?

The new water collection point opened its doors (or taps) to the public on Wednesday 9 May 2018. We, however, presume that it was only officially open the following day. Don’t quote us on that. Not many people know of it yet. A visit to the location on Friday morning, at 5:40, while doing a run, woke up the security guard on duty. It was clear he was new to his job and was a bit startled. Needless to say, we were welcomed to use the taps. We thought it was best to first check out the new location, before coming with our buckets, bottles and wheelbarrows to collect water.

 

Behind Newlands Baths is the New Spring Water Collection Point
Parking Lot at the new New Spring Water Collection Point, Newlands, Cape Town

 Where is the new Water Collection Point Situated?

This new Water Collection Point is situated behind the Newlands Swimming Pools. The pools are currently empty. One would wonder why not fill the pools up with spring water? After all, there is an abundance of it, and its free. Let’s leave that thought again for summer.
To get to the new location, you have to drive from Claremont, southwards, towards Cape Town, with Newlands Baths on your left. As you pass the Baths, you would soon see a turn off to your left, taking you into the parking lot of the new collection point. There seems to be ample parking. However, with this water crisis still looming, congestion is expected in the near future.

When we visited the location this afternoon, to take some pictures (from our phone – who moves around these days with a camera?), they were busy with some maintenance work at the entrance. It seems as if they were cutting some branches, making way for the parking. The picture collaborates with our assumption. We guess in the next few weeks, security will be more visible on the post.

Newlands Springs Collection Point May 2019 Parking Area close to Spur
Drive into the new Spring Water Collection Point – Close to Spur

What are the operating times?

According to the banner on display, the operating times are from 05:00 until 23:00. So, if you are an early bird (like us), or late sleeper (or both), they cater for you. The current operating water collection points in Newlands are open 24/7. This may come to an end soon. We were advised by security that they expect approximately 5000, yes five thousand visitors a day.

We suggest that you consider parking at the Parking Lot of Newlands Baths, should you decide to collect during peak times. The only problem with that is, you would have to walk about 200 meters to your vehicle with bottles in your hands. Unless you have a trolley, that may not be an issue. We presume many entrepreneurs would be nearby assisting people with their water carrying for a small fee. Otherwise, use it as your weekly workout session.

 

 Newlands Springs Collection Point May 2019 - New Taps

The new Water Collection Taps at Newlands Cape Town

 Can one drink the water?

According to the banner on display (it may be clear in one of the pictures); you use the water at your own risk. That is a good disclaimer. We were however advised by the security on site that it is the same water the comes from the taps of the sister springs. It was said that the municipality will manage the new taps, so I guess a disclaimer is essential. Should your tummy ever cramp, remember the disclaimer before speaking to your lawyer. And no, we are not the City’s lawyers.

Water Crises Cape Town Newlands Spring Collection Point Baths
View to 8 taps on the North Facing Side of the Collection Point

How much can you collect?

The rules are the same as at the other springs, 25 litres of water per person. So, bring with all your kids, neighbours and friends and make an outing of it. Unless the law changes, pets do not count as persons for the purposes of water collection (fee legal advice). If you have time available, fill up a 25-litre container, take it to your car, and then stand in the queue again. That might save you a few trips to Newlands.

Newlands Springs Collection Point May 2019 - Parking for Water Collectors
Newlands Springs Collection Point May 2019 – Parking for Water Collectors

 Things to note

  • 25 Litres per person;
  • 15 minutes of parking;
  • Wait your turn;
  • Have loads of patience;
  • Wheel Clamping;
  • Use water at your own risk;
  • Collect from 05:00 until 23:00;
  • Enjoy the experience
  • Keep saving water
Water Crises Cape Town Newlands Spring Collection Point
Water Crises Cape Town Newlands Spring Collection Point

 

 

 

 

 

 

If you have any comments, please feel free to post it below. Also, have a look at a previous article on World Water Day.

If you want some insight into the law, read this article:

YOUR HUMAN RIGHT TO DRINKING WATER: A BRIEF CONSTITUTIONAL PERSPECTIVE

HAPPY WATER COLLECTING – OUR LAWYER WATER WARRIORS

 

 

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I would love to have contact with my child on Father’s Day. Her mother is refusing me contact. What does the law say when it comes to the rights of a father?

Every year, the World celebrates Father’s Day. In 2019, it was celebrated on 16 June, coinciding with Youth Day in South Africa. It is a very special day not only for fathers but for the children concerned. When we refer to children, we are not only referring to kids or toddlers. Even grown-up children celebrate Father’s Day with their respective fathers. In some families, Father’s Day is being celebrated by three generations of offspring. This article, however, relates to Father’s Day in the context of minor children spending time with their fathers on that special day.

The Father

We will not go into the technical legality of what makes you a father. A child who has been adopted is for all intents and purposes the child of the adoptive parent. Even if the child was not adopted, or you are not the biological father of the child, if the child refers to you as a father, then the celebration of Father’s Day would apply to you. Here a specific example would be step-parents. Now let’s move on to the issue of what rights does a father have to have contact with his child on Father’s Day. But before we can do that, we need to have a look at the Children’s Act 38 of 2005. Let us start off by looking at what the law says regarding parental responsibilities and rights of fathers. You will note that the law applies differently when it comes to married and unmarried fathers. However, the principles are the same.

Unpacking the law

The purpose of this article is to correctly outline the law applicable to the rights of fathers in relation to their children. In this case, we shall make extensive reference to the Children’s Act. A father can, therefore, have a look at the various sections of the Children’s Act, unpacked below and apply it to himself. Let us start off with a concept of parental responsibilities and rights.

Parental responsibilities and rights of married fathers

Section 20 of the Children’s Act deals with the parental responsibilities and rights of married fathers. It states: The biological father of a child has full parental responsibilities and rights in respect of the child— (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at— (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth.   This section is straight forward. If you were married to the child’s mother, you automatically have full parental responsibilities and rights in respect of the child. In short, you do not have to be married to the mother at conception. Parental responsibilities and rights of unmarried fathers Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. It states: (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child— (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or (b) if he, regardless of whether he has lived or is living with the mother— (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law; (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period. (2) This section does not affect the duty of a father to contribute towards the maintenance of the child. (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person. (b) Any party to the mediation may have the outcome of the mediation reviewed by a court. (4) This section applies regardless of whether the child was born before or after the commencement of this Act.   The application of this section can be a bit technical. However, it seems that if a father was involved in a child’s life, he acquires parental responsibilities and rights.   Now let us move on to what is meant by the term “parental responsibilities and rights”. Parental responsibilities and rights Section 18 of the Children’s Act deals with parental responsibilities and rights. It states the following: (1) A person may have either full or specific parental responsibilities and rights in respect of a child. (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right— (a) to care for the child; (b) to maintain contact with the child; (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child. (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must— (a) administer and safeguard the child’s property and property interests; (b) assist or represent the child in administrative, contractual and other legal matters; or (c) give or refuse any consent required by law in respect of the child, including— (i) consent to the child’s marriage; (ii) consent to the child’s adoption; (iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport; and (v) consent to the alienation or encumbrance of any immovable property of the child. (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3) (c). This section is extensive. However, it is clear that if you have parental responsibilities and rights in relation to a child, you would form part of the child’s life. Moreover, you would be part and parcel of important decision-making in the child’s life. With regard to Father’s Day, a father having parental responsibilities and rights in relation to a child should have contact on that special day. As it is clear from the above, the law looks at what is best for the child. And it would be best for the child to celebrate Father’s Day with his or her father. Now let’s move on to the best interests of the child principle.

Best interests of the child

Section 9 of the Children’s Act states the following: Best interests of child paramount.—In all matters concerning the care, protection, and well-being of a child the standard that the child’s best interest is of paramount importance, must be applied. There you have it. The law does not look at the interest of the parents or other third parties. The law looks at what is best for the child. Now let us move on to the best interests of the child standard.

Best interests of the child standard

With regard to the best interests of the child standard, section 7 of the Children’s Act states the following: (1) Whenever a provision of this Act requires the best interests of the child standard to be applied, the following factors must be taken into consideration where relevant, namely— (a) the nature of the personal relationship between— (i) the child and the parents, or any specific parent; and (ii) the child and any other care-giver or person relevant in those circumstances; (b) the attitude of the parents, or any specific parent, towards— (i) the child; and (ii) the exercise of parental responsibilities and rights in respect of the child; (c) the capacity of the parents, or any specific parent, or of any other caregiver or person, to provide for the needs of the child, including emotional and intellectual needs; (d) the likely effect on the child of any change in the child’s circumstances, including the likely effect on the child of any separation from— (i) both or either of the parents; or (ii) any brother or sister or other child, or any other care-giver or person, with whom the child has been living; (e) the practical difficulty and expense of a child having contact with the parents, or any specific parent, and whether that difficulty or expense will substantially affect the child’s right to maintain personal relations and direct contact with the parents, or any specific parent, on a regular basis; (f) the need for the child— (i) to remain in the care of his or her parent, family and extended family; and (ii) to maintain a connection with his or her family, extended family, culture or tradition; (g) the child’s— (i) age, maturity and stage of development; (ii) gender; (iii) background; and (iv) any other relevant characteristics of the child; (h) the child’s physical and emotional security and his or her intellectual, emotional, social and cultural development; (i) any disability that a child may have; (j) any chronic illness from which a child may suffer; (k) the need for a child to be brought up within a stable family environment and, where this is not possible, in an environment resembling as closely as possible a caring family environment; (l) the need to protect the child from any physical or psychological harm that may be caused by— (i) subjecting the child to maltreatment, abuse, neglect, exploitation or degradation or exposing the child to violence or exploitation or other harmful behaviour; or (ii) exposing the child to maltreatment, abuse, degradation, ill-treatment, violence or harmful behaviour towards another person; (m) any family violence involving the child or a family member of the child; and (n) which action or decision would avoid or minimise further legal or administrative proceedings in relation to the child. (2) In this section “parent” includes any person who has parental responsibilities and rights in respect of a child.   The Children’s Act refers to a variety of factors above. At the end of the day, what is best for the child is looked at.

Definition of “Care”

Before we end this article, we feel that it is important to deal with the aspect of care in the Children’s Act. What is meant by care? The Children’s Act defines “care” as follows: “care”, in relation to a child, includes, where appropriate— (a) within available means, providing the child with— (i) a suitable place to live; (ii) living conditions that are conducive to the child’s health, well-being and development; and (iii) the necessary financial support; (b) safeguarding and promoting the well-being of the child; (c) protecting the child from maltreatment, abuse, neglect, degradation, discrimination, exploitation and any other physical, emotional or moral harm or hazards; (d) respecting, protecting, promoting and securing the fulfilment of, and guarding against any infringement of, the child’s rights set out in the Bill of Rights and the principles set out in Chapter 2 of this Act; (e) guiding, directing and securing the child’s education and upbringing, including religious and cultural education and upbringing, in a manner appropriate to the child’s age, maturity and stage of development; (f) guiding, advising and assisting the child in decisions to be taken by the child in a manner appropriate to the child’s age, maturity and stage of development; (g) guiding the behaviour of the child in a humane manner; (h) maintaining a sound relationship with the child; (i) accommodating any special needs that the child may have; and (j) generally, ensuring that the best interests of the child is the paramount concern in all matters affecting the child;

Conclusion on the rights of a father on Father’s Day

From the above, it is clear that the law does not discriminate between fathers that were married to the mother and those who were not. What the law is only concerned with is what is best for the child. Various factors are looked at and those are outlined above. At the end of the day if it is in the child’s best interests to have contact with the father on Father’s Day; the law would enforce it.  

Posted on by Telelaw

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