Notice from:
Keith Matthee and Doug Murray
(Legal Advice Centre, Heuwelkroon/Bosmanskloof/
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/
