Ward 2 Housing Issue

Counsel for the Councillor

We refer to the communiqué issued by Greyton Council on 2 September to a selected number of the community, supposedly representing the community but in reality only the two persons named.

TWKM are said to be “materially constrained” in respect of the land tenure issues in Farm 39, specifically the informal settlement referred to as “Madiba Park”. Over the years, they have shown no constraint in their evident hostility and lack of cooperation with the Farm 39 Land Transformation Committee, which has been substantial and shameful.

To suggest that the conflict over land tenure actually predates the foundation of Greyton is untrue and irrelevant. To suggest that “all agree that it is an immeasurably complex problem” is gross exaggeration. If the relevant legislation had been implemented properly, without interference from TWKM, and with the full support of the Ministers concerned, the current impasse would almost certainly have been resolved long before today’s crisis.

It is suggested that “relevant officials” have “promised the authority” for TWKM to provide structures and services to the informal settlement. However, the land does not belong to TWKM, which makes that promise illegal and irresponsible. Regrettably, TWKM did not engage with the Transformation Committee on this. Should the Farm 39 community support such a process, this might be considered differently.

Greyton community support such a settlement in Greyton as a temporary measure prior to the provision of full Council housing, for local people already registered legitimately for many years for such housing, this would surely be considered differently.

The situation was compounded by TWKM’s sudden claim, contrary to previous discussion, that there was now land for housing development in the Greyton area. This undoubtedly contributed to the demonstrations in Greyton.

We must not ignore the larger issue of employment and housing for migrant workers from the Eastern Cape and elsewhere – especially in relation to the highly successful fruit growing industry, the one significant and promising local example of economic growth.

Greyton Council’s position as a democratic support group for TWKM really cannot contribute to any improvement in local municipal management unless it also provides a degree of performance monitoring and holding to account of TWKM. GC would also gain more authority if it expressed the broad range of views of the community, and not just those of a few.

TWKM might also like to consider welcoming all participatory input from the community on matters that affect the community. Listening to the community, and responding accordingly, is after all what they are paid for.

Finally, the Ward 2 Councillor, instead of adopting the somewhat aggressive stance shown by his letter to The Sentinel, would be better occupied by responding humbly and professionally to the requirement to enhance participatory democracy in local government as provided for in section 72 (3) of the Municipal Structures Act.

Ward 2 Forum Team

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Final communication from Legal Advice Centre regarding the provision of basic services to Madiba Park and Voorstekraal

Notice from:
Keith Matthee and Doug Murray
(Legal Advice Centre, Heuwelkroon/Bosmanskloof/Greyton, under the auspices of SCL)

We take as read all our previous communications with The Minister Of Agriculture and Land Affairs and TWKM during these past seven months.

In essence, we have made it clear over that period of some 7 months that in terms of the Constitution (Chapter 7 of the Constitution read with sections 7 (1) and (2), 8 (1), 26, 27 and 28 (1)(c) and (2) of the Constitution) and various constitutional court decisions (for example Government of RSA & Others v Grootboom & Others and Daniels v Scribante and Another), there is a constitutional duty on TWKM to provide basic services to the people of Madiba Park and Voorstekraal, even though TWKM does not own the land. (In any event, we also repeatedly have highlighted that the trustee of the land where Madiba Park and Voorstekraal is, The Minister Of Agriculture and Land Affairs, politically would never prevent TWKM from providing the said basic services.)

We also have highlighted the visit to Madiba Park by the Mayor and the Provincial Housing Minister, the latter who is also the leader of the DA in the WC, and their promises to the people of Madiba Park about the provision of basic services. We have also highlighted our meeting municipal/provincial representatives on site in Madiba Park who informed us that such services would be in place by the end of August, 2017.

We also have highlighted the fact that at no stage during the past seven months has TWKM responded to our letters disagreeing with our view on its constitutional duty towards the people of Madiba Park or the undertaking about the provision of basic services by the end of August, 2017.

By means of this email we are hereby informing all concerned parties that in the absence of political will by the DA led TWKM and Provincial Government to provide the said basic services, the only options open to the people of Madiba Park, Voorstekraal and indeed the wider civil society in Greyton, are peaceful and lawful political protest and approaching the High Court for an order to compel TWKM to comply forthwith with its constitutional duty.

We are disappointed by the apparent lack of political will by TWKM (and of late the Provincial Government). As of now all TWKM and the Provincial Government have done as regards the provision of basic services to the Madiba Park and Voorstekraal people, is visit Madiba Park, make promises to them and at the last minute agree to take over the rental of toilets at Madiba Park, which were placed there at the initiative of local farmers and business people. As yet there is no sign of permanent toilets, running water or the provision of electricity. We might add that as of now to the best of our knowledge nothing has yet been provided to the people of Voorstekraal.
Other than alerting the affected people and the wider civil society of the two above options open to them, as a legal advice centre (which in law is not permitted to initiate legal proceedings) we are of the view that there is now nothing further we can do in this matter. Accordingly we hereby give notice of the end of our involvement in this matter.

Keith Matthee and Doug Murray
(Legal Advice Centre, Heuwelkroon/Bosmanskloof/Greyton, under the auspices of SCL)

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Farm 39 Transformation – The Lost 18 Years (Parts 2 & 3)

This is part 2 & 3 in a series of 11 articles published to shed some light onto the complex, sensitive and increasingly critical issue of the transformation of Farm 39. It attempts to address the lack of information available and the enormous apathy toward the subject, and to generate community support for its prompt solution.

FARM 39 Parts 2 and 3

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STATUS QUO REPORT – GREYTON OVERLAY AND GUIDELINES

Greyton is currently experiencing a building boom, as more and more of a diminishing stock of vacant erven are being sold, and some property owners apply to develop existing properties. This is therefore leading to increasing pressure for the Commonage to be developed. This makes the need for an Overlay more urgent than ever.

STATUS QUO REPORT – GREYTON OVERLAY AND GUIDELINES 10 Feb’17

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Rezoning Application Erf # 919, Main Rd, Greyton

There has been an Application for Rezoning of Erf #919, Greyton. This document attempts to define the implications of the development. To this end, some pertinent facts have been highlighted in the report that might shed some light on the planned development of the property as well as the implications these will have on the neighbouring properties & property owners.
As the application process for rezoning provides for the community to object/submit comments on the proposed development, we urge all affected and interested parties to study the relevant documents and submit such comments. The closing date for objections & comment is the 31st January 2017.

Herewith the pertinent documents for your perusal:

W2F report on the Application

Zoning Application

For further information please contact the Ward 2 Forum on info@ward2forum.org

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