By Camray Clarke and Lehlohonolo Lehana.
Photo Credit: Kaapse klopse Karnival Association.
The Cape Town Minstrel Carnival Association (CTMCA) has won its court bid against the City of Cape Town’s decision to seek an alternative venue to host its minstrel competition.
In September the City withdrew its approval for the Vygieskraal stadium to be used for the historic event.
Judgment in the urgent application was handed down Monday night in the Western Cape High Court.
In the judgment, Judge James Lekhuleni found the matter urgent and ordered the City of Cape Town to find a suitable alternative for the Kaapse Klopse Karnival from the 1st of January 2026 at its own cost.
Lekhuleni struggled to understand how the City of Cape Town conducted itself.
“The respondent had a constitutional obligation as an organ of state to assist and ensure that the applicant exercises their cultural right in terms of the Constitution and provide the applicant with an alternative venue, especially after they’ve confirmed the booking, and subsequently withdrew.
“There was an obligation, in my view, on respondent, at least to make an alternative arrangement. It will have been a different case if there was no confirmation which was granted,” Lekhuleni said.
Dozens of minstrels gathered to witness the proceedings, celebrating with song and dance upon hearing the court’s decision.
“As you can listen to the band in the back, the joyousness of that. We had hard chores and heartbreaks for years against the city of cape town and they have been victimizing,” said Soeker.
Soeker added the association will marching the historical parade route as part of protest action.
“We made an application for the third. The city also turned that down. But instead, I will bring a protest march on the third, on the heritage route, starting in district 6, right into the workhouse,” said Soeker
The Kaapse Klopse Karnival, an annual celebration which dates back to the 19th Century, allows enslaved communities to celebrate their New Year’s Day on the “off day,” observed on the 2nd of January, also known as the Tweede Nuwe Jaar.