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

   

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

 

 

Related Post

[caption id="attachment_10806" align="alignnone" width="707"]Relocation consent for minor child to Netherlands - Advocate Muhammad Abduroaf Relocation consent for minor child to the Netherlands – Advocate Muhammad Abduroaf[/caption]

I want to relocate from South Africa to the Netherlands with my minor child. The other parent does not want my child to relocate to the Netherlands. What can I do?

The Netherlands is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to the Netherlands, if a minor child will be joining that parent and also relocating to the Netherlands, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to the Netherlands. Before we do so, let us list the various cities and towns in the Netherlands to which you may want to relocate:

Drenthe (province), Meppel, Flevoland (province), Lelystad, Friesland (province), Leeuwarden, Sneek, Gelderland (province), Nijmegen, Renkum, Rheden, Tiel, Zutphen, Groningen (province), Groningen, Limburg (province), Kerkrade, Maastricht, Roermond, Sittard, Tegelen, Venlo, Noord-Brabant (province), Oss, Roosendaal, ’s-Hertogenbosch, Tilburg, Noord-Holland (province), the Netherlands, Den Helder, Marken, Velsen, Volendam, Zaanstad, Overijssel (province), Kampen, Zwolle, Utrecht (province), Soest, Utrecht, Zeist, Zeeland (province), Middelburg, Vlissingen, Zuid-Holland (province), The Hague, Scheveningen, Katwijk, Leiden, Lisse, Rijswijk, Rotterdam, Schiedam, Vlaardingen, Zoetermeer, Caribbean Netherlands (special municipalities), Bonaire (special municipality), Saba (special municipality), Sint Eustatius (special municipality), Aruba (unitary state), Oranjestad, San Nicolas, Curaçao (unitary state), Willemstad, Sint Maarten (unitary state)

(https://www.britannica.com/topic/list-of-cities-and-towns-in-the-Netherlands-2055398)

Why do I require the other parent’s Consent to relocate to the Netherlands?

According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to the Netherlands. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows:

18 Parental responsibilities and rights

 (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).

Now let us explain what Parental Responsibilities and Rights are.

What are parental Responsibilities and Rights of a parent in relation to a child?

As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following:

(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.

Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to the Netherlands. Even if the minor child only wants to go for a short holiday to the Netherlands, both guardians’ Consent would be required.

When would the other parent be seen as a guardian in the case of a relocation matter to the Netherlands?

It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to the Netherlands. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to the Netherlands.

Mother’s Consent for relocation of the minor child to the Netherlands

Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following:

19 Parental responsibilities and rights of mothers

 (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.

 (2) If-

 (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and

 (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child.

 (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement.

As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to the Netherlands, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.

Married father’s Consent for the relocation of the minor child to the Netherlands

Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following:

20 Parental responsibilities and rights of married fathers

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.

As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to the Netherlands. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to the Netherlands.

Consent of unmarried fathers for the relocation of their minor children to the Netherlands.

Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following:

21 Parental responsibilities and rights of unmarried fathers

 (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.

As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.

What do you do if the other parent does not want to consent to the minor child relocating to the Netherlands?

Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to the Netherlands, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states:

(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).

Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to the Netherlands, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10805" align="alignnone" width="715"]Relocation consent for minor child to Netherlands - Advocate Muhammad Abduroaf Relocation consent Order for minor child to the Netherlands – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10806" align="alignnone" width="694"]Relocation consent for minor child to Netherlands - Advocate Muhammad Abduroaf Relocation consent Order for minor child to the Netherlands – Advocate Muhammad Abduroaf[/caption]  

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