The City of Cape Town's planning appeals advisory panel is set to hear an appeal against the approval of a 170MW data centre proposed by US data centre company Equinix. The data centre, to be located at the King Air Industria site, Erf 178931, was approved by the City of Cape Town despite concerns from appellants Foxglove and the Housing Assembly. The appeal, lodged under case ID 1500156580, will be heard on October 12.
The meeting will not be open to the public, the media, or the appellants, and its location has not been disclosed. The appellants have requested to address the panel directly, but the city has stated that this request will be considered at the meeting and may be declined. The outcome of the meeting will be communicated afterwards. Equinix has submitted a response to the appeal, but the city has refused to provide it to Foxglove and the Housing Assembly.
The Legal Resources Centre (LRC), representing Foxglove and the Housing Assembly, has objected to the city's decision to refuse to release Equinix's response. The LRC described the refusal as highly irregular and contrary to the principles of fair administrative proceedings. According to Saadiyah Kadwa, an attorney at the LRC, a fair process requires each party to see and respond to the other's submissions.
The panel will make a recommendation to the appeal authority, expected to be Cape Town executive mayor Geordin Hill-Lewis. The recommendation and the reasons behind it are not expected to be made public. Under the city's by-law, the appeal authority has 90 days from the meeting to make a decision, potentially allowing the outcome to be delayed until January 2027.
Foxglove and the Housing Assembly have called on Hill-Lewis to decide the appeal before the local government elections on November 4. They argue that the outcome will influence how residents vote. The groups have also called on the city to release Equinix's response and commit to publishing the panel's recommendation and reasons.
Kenneth Matlawe of the Housing Assembly emphasized that residents deserve to know the outcome before voting, given the pressure on housing and basic services in Cape Town. Daniel Hartford, South Africa lead at Foxglove, raised broader questions about the impact of data centres on communities, particularly their demand for electricity, water, and land.
Deputy mayor Eddie Andrews confirmed that the city is developing revised guidelines for large data centre applications. The outcome of the appeal is expected to be watched by other municipalities considering similar developments, as well as international operators looking to establish data centres in South Africa.
Key points
- The appeal against the Equinix data centre will be heard behind closed doors on October 12.
- The city's decision to refuse to release Equinix's response has been described as highly irregular.
- The outcome of the appeal may be delayed until January 2027, after the local government elections.
