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)


Unilateral cancellation of Ward Committee meeting


It is with regret that the Ward 2 Forum notes the unilateral cancellation of the Ward Committee Meeting of 21 Sept 2017 as per the below email from the office of Cllr. Danie Du Toit:

Dear Ward Committee

Notice is hereby given that the Ward Committee meeting for the month of September 2017(21 September 2017) will not take place.  This is due to the Public meetings of all wards  which will take place during September and October 2017, after which the Ward Committee Meeting will take place.

Ward 2 Forum Comment

It is a sad state of affairs that a Ward Committee meeting is cancelled when there is so much that needs to be dealt with, particularly now. The total lack of pro-active communication by TWKM is raising more questions than answers, and the unilateral cancelling of a vital communication and statutory link between the community and the local authority is alarming. The schedule of the feedback sessions by the Councillor and the dates of the Ward Committee meetings had been minuted and accepted months in advance, as per the year planner issued at the beginning of the year. The reasons for the  cancellation of the Ward Committee meeting is thus weak and without merit.

As yet we still need to be informed about:

  1. Delay in the implementation of MSCOA & the financial implications this has on the municipalities financial viability
  2. Acceptance & implementation of the new TWKM Macro management structure.
  3. Adoption & implementation of the amended 2017/22 IDP & Budget Implementation Plan
  4. Public spat between the Councillor, Municipal Manager & the local press.
  5. Progress on the local housing impasse & growing tension between communities.
  6. The plans made in respect of the growing water shortage & how to mitigate the socio-economic impact this crisis will have on the area
  7. Decisions made and adopted in council, relating to the Ward 2 area, without the Ward Committee being privy thereto.

We thus have to deduce that TWKM have no real intent of fulfilling nor complying with the legal provisions for the operation of Ward Committees as contained in sections 72 to 78 of the Local Government : Municipal Structures Act,1998. We therefore cannot unconditionally support neither our Councillor, nor TWK Municipality.



Ward 2 Municipal Waste Facility – Progress report 2


The ward originally comprised Greater Greyton (Heuwelkroon & Greyton), Farm 39, which is the old Moravian Church property and farmland, comprising the villages of Genadendal, Boschmansklooof, Voorstekraal, and Bereaville (totalling 4773 ha). Over the last few years, the area of Ward 2 has been increased thrice and now also includes much of the farmland along the R406 towards the N2. The population based on the 2011 Census is said to be about 9000, although local estimates suggest over 17,000 people.

All of Ward 2 is not only affected by what happens in the Theewaterskloof municipal area, but also beyond in the rest of the Overberg. Agriculture is the main contributor to the local GDP; with tourism having the greatest growth potential. Significant pollution of the Riviersonderend River from inadequate capacity and treatment of sewage at the facilities in Greyton and Genadendal will determine the future of the downstream fruit farms, now under severe threat of loosing their export markets, which would significantly affect the local economy and employment.

Local elections are due this year, and there is no way of anticipating the outcome. Most of the Directors of TWKM are due to retire. It is essential that plans for new projects in Ward 2 must be agreed and initiated before any adverse political and other changes put these at risk.

The immediate future of Farm 39 is still uncertain, pending agreement with the Department of Land Affairs. The community is likely to become a Communal Property Association, which will allow them to retain control and ownership of all their land. One of their development projects is to enlarge the waste recycling facility, making it fully sustainable. After the years of conflict between the Transformation Committee (TC) and TWKM, which has undoubtedly affected Greyton, it is clear that a new and fully cooperative approach has been adopted, which will bind together the mutual aspirations and all the communities of Ward 2 and the municipality.

Several joint projects have been planned between the TC and W2F, of which the first was the new fencing of the R406 to reduce the hazards of the roaming Farm Animals. It has been agreed that the waste project is the second joint project, to be followed by the sewage project, and thereafter as our joint needs dictate.


The 2 old waste dumps in Greyton and Genadendal have already been licensed to close down and be rehabilitated over the next 3 years. At the moment, the Greyton waste, except for the garden material, is disposed of at the Genadendal site; this includes the recyclables collected by Boetie Bantam. An estimated daily average of 10 tons is collected in Ward 2; this is about 45 cubic metres of waste (a large skip contains 30 cubic metres.)

The municipal plan is that all TWKM waste, that cannot be reused or recycled, will be transported 64 km to the Overstrand District Municipal landfill site at Karwyderskraal, near Hermanus. It was always understood that there would be a waste facility at Genadendal, which would include sorting and recycling functions, whilst a much smaller drop-off would be constructed in Greyton – the garden waste function would remain. TWKM would implement a 2-bag system and motivate sorting of recyclables at source.


Late last year TWKM found additional funds (about R2 million) that was made available to allow the construction of a drop-off, which would be the first phase of a full sorting and recycling waste facility to cater for all of Ward 2, which would be located at the entrance to Greyton. It became clear that the environmental impacts and consequential risks to tourism were substantial, there was no significant community support, and Boetie Bantam’s recycling business in Genadendal was under threat.

This money would only cover the construction of a drop-off facility (Phase 1), its approval had to be urgently motivated and specific expenditure identified and confirmed within a few weeks, otherwise it could be diverted to another project in another ward. However further budget would have to be sought for the phases 2 & 3 which have not yet even been fully specified.

It was indicated that TWKM could have major difficulties in allocating municipal funds for facilities to be constructed on “non-municipal” land in Genadendal. Therefore, three additional sites were identified in Greyton each with its own problems:

  • Site B: north of Park Street, opposite the Old Moravian church, on the edge of a potential housing development area, with access problems for large vehicles from Main Road either up Uitkyk Street or through part of Heuwelkroon and over the Scholtz River, which is highly vulnerable to severe damage from flooding.
  • Site C: on the slope below the Eskom substation, too far from the main road out of Greyton and too near to a perennial watercourse and wetland, also in an area designated for housing.
  • Site D: Further, down the road to the old dump, over a hazardous bridge that is often flooded, too close to and in full sight of the Country Village, also too near potential future housing land.


The NEM: Waste Act (No 59 of 2008) includes a list of activities that require a basic environment assessment as part of a waste management licence application in terms of Notice 921 (29 November 2013):

  • The sorting, bailing, chipping etc of general waste at a facility with an operational area in excess of 1000 m²;
  • The recycling of general waste at a facility with an operational area in excess of 500 m²;
  • The disposal of general waste to land covering an area more than 50 m² but less than 200 m², and with a total capacity not exceeding 25,000 tons;
  • The construction of a facility for any of the above activities;
  • The expansion of an existing facility for any of the above activities.

The proposed transfer and recycling facility proposed by TWKM in Greyton was designed such that it would not quite trigger the need for a license. However, it is considered far too limited in capacity and space to accommodate the waste requirements for Ward 2, which would mean that it would have to be expanded later, thus requiring a very costly environmental assessment and license application.

However, construction of a pilot facility may permit exemption from a license, and provide alternative funding sources.

The current By-law may need revising to better control fly-tipping and littering with seizure of any vehicle involved in illegal dumping, only released on payment of a substantial fine.


Confirmation by the Transformation Committee that they and the communities of Farm 39 agreed with the W2F proposal to go ahead in principle with the sorting, recycling and transfer station for Ward 2 on Genadendal land;

  • Confirmation that TWKM will allocate the R 2 million of municipal funds for a drop-off facility just off the R406 near the old bus depot in Genadendal;
  • Formation of a team from Ward 2 and TWKM to jointly specify and plan the whole waste management facility, and to complete the specifications and funding requirements for the IDP;
  • Agreement with TWKM and Greyton Transition Town (GTT) on the development of facilities in Greyton and Genadendal for the collection, treatment and re-use of garden waste (Composting plant);
  • Agreement with TWKM & TC on the designation of suitable disposal sites for builders’ rubble.


  • Development of plans to monitor and assess the performance of the Ward 2 sorting and recycling operations, in order to determine the most effective and cost efficient methodology to be implemented for the rest of TWKM. This would inform revision of the 2014 draft TWKM Integrated Waste Management Plan.
  • Research into ‘best practice’ used by other municipalities (eg Overstrand, Paarl) and other countries (existing connections with UK and Sweden).
  • Coordination of above plans with the requirements for closure and rehabilitation of the Genadendal and Greyton dumps.
  • Finalisation of the visionary concepts to enhance the visual impact of the Genadendal waste site and the approach to Greyton.


The Ward 2 Forum Team


Change of Venue – Public meeting on Thu, 25th Feb 2016

Please note that the venue for the Public meeting on the 25th at 5pm has been changed to:

Moravian Hall, next to Library.

Main Road, Greyton.

The purpose of the meeting is to present the Ward 2 Forum’s plan for addressing Waste Removal in Ward 2. We are hoping that this plan will be favourably received by the residents, TWKM and all the other organisations in our valley.

The plan is the culmination of many years’ work by the Ward 2 Forum and the Genadendal Transformation Committee. It comprehensively addresses the Waste Removal problem in a holistic way, as well as creating jobs and many other opportunities. It will also pave the way to address other infrastructural problems, like Sewage and provide opportunities for Tourism, Training, Conferencing etc. We therefore urge as many people and organisations as possible to attend the meeting so that the W2F can have as much public participation as possible.


Public meeting on Thursday, 25th Feb 2016 in the Greyton DR Church Hall at 5PM.

Help us stop the proposed drop-off site at Greyton’s entrance and see our alternative to comprehensively address this and other problems.

It is very it important that all residents of TWK Ward 2 (Greyton, Heuwelkroon, Boschmanskloof, Genadendal, Voorstekraal and Bereaville) attend this public meeting so that we can stop the current TWKM plan wholesale nfl jerseys of turning Greyton’s entrance Holding into a waste drop-off zone.

We will also be presenting our Alternative Plan for Waste Management and our longer term vision for the area, for your consideration and support. We the need your input – this plan can only serve the needs of everybody if Wave everybody takes part!

Needless to say, cheap nba jerseys it is crucial that wholesale nfl jerseys all our voices are heard on this coolsculpting? and the only way to ensure wholesale nba jerseys that, is to FHU-Dickson attend this meeting.

When: Thursday, 25th Feb 2016, 5pm.
Where: Greyton DRC Hall, Main Rd, Greyton.