The Cape Town Minstrel Carnival Association (CTMCA) has won its urgent court application against the City of Cape Town for the annual Kaapse Klopse Karnival.
The Western Cape High Court ruled that the City of Cape Town acted improperly in withdrawing approval for the use of Vygieskraal Stadium without clear reasons for the annual Minstrel Festival, also known as the Kaapse Klopse Karnival.
Urgent application
Judgment in the urgent application was handed down on Monday night in the Western Cape High Court.
In September, the City of Cape Town withdrew its approval for the Vygieskraal stadium to be used for the historic event, which is an expression of identity, heritage, and resilience of the Mother City’s diverse communities.
The CTMCA claimed the City withdrew approval for the use of Vygieskraal Stadium and declined a separate street parade application without providing reasons.
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Judgement
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 the 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.
Kaapse Klopse Karnival
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.
The Kaapse Klopse Karnival Association (KKKA) director, Muneeb Gambino, told The Citizen that the association’s board, largely composed of troupe owners, carefully weighed cultural, logistical, and financial considerations before confirming that the street parade and the first day of competition would take place on 5 January 2026.
“It was a purely pragmatic approach to this so that we could have our carnival this year, still in terms of the pressure that Ramadan, the Muslim calendar, puts on the festive season calendar,” Gambino said.
The Citizen contacted the City of Cape for comment and for clarity on the implications of the ruling, including how it will be implemented in the build-up to the carnival. The response will be added once received.
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