Threatened legal action by Green Point residents to prevent the 2010 stadium from being built appear to have been averted, after a majority of residents at a public meeting supported a so-called "compromise scenario".
A show of hands by residents and members of the Green Point Common Association (GPCA) gathered at the meeting on 25 January showed 103 in favour of the stadium going ahead, and 72 in favour of litigation to prevent it from being built.
While this was not an official vote, it served to give the association an indication of the feelings of those present, and a mandate to either pursue legal action or accept the rezoning of the Common and the stadium being built.
GPCA members reiterated that while they support the 2010 Soccer World Cup, they felt that the proposed stadium site was inappropriate and made no economic sense. They were concerned about preserving the Common.
The favoured compromise option would mean that the association accepts the stadium with "hard deliverables", and monitors the future developments.
Benefits include a R120-million upgrade of the Common; having a say in the design; and the economic benefits to the area. This is despite fears of escalating costs and disruptions, questions surrounding the sustainability of the stadium, and that it would not be finished in time, becoming a "Colosseum".
The association said that its lawyers had advised that there were four "persuasive legal arguments" capable of setting aside the record of decision to build on the site, and it had a "strong case", but that a legal battle would cost up to R1-million.
The benefits of no stadium - and saving R3,7-billion that could be used for other causes - had to be considered against the risks of not raising the funds for the litigation; losing the case; losing the funding for upgrading the Common; and being held responsible for sabotaging the City's bid to host a World Cup semi-final.
Answering questions from the floor, Executive Mayor Helen Zille outlined the background to Green Point being chosen and restated that the council had "inherited the decision to have 2010 in Green Point". She added that despite commissioning a study into alternative sites, "Green Point was the only viable alternative in terms of time, money, and Fifa regulations".
Zille also warned that if Cape Town did not host a semi-final, it would lose benefits from the World Cup. She noted that that if R3-billion is not spent on stadium, the City would not get that money otherwise.
The legal action could cost up to R3-million if dismissed with costs, she said, adding that "a persuasive argument is not necessarily a legally strong argument".
She added that the consequences of losing the 2010 were dire for the City, and it was a "lose, lose, lose scenario, and we would lose a lot".
Residents at the meeting also voiced concerns that the Common would be commercialised, that a casino would operate in the stadium after the tournament, increased traffic gridlock, and the risk of crippling rates bills to pay for cost overruns.