Cape Times

Public protector to scrutinise 6 cottages

- Siyavuya Mzantsi

THE public protector has launched an investigat­ion into maladminis­tration allegation­s levelled against the Stellenbos­ch municipali­ty for “failing to act” against the illegal constructi­on of six cottages at Lavender Guest Farm in Franschhoe­k.

The investigat­ion comes after Franschhoe­k resident Anne Stone took on the municipali­ty for failing to take action against six illegal cottages at Lavender Guest Farm.

Stone complained that if the matter was not investigat­ed, the Stellenbos­ch municipali­ty would continue to “procrastin­ate” and fail in its statutory obligation to enforce planning law in the matter.

She has charged that the municipali­ty was in contempt of a 2012 ruling by Western Cape High Court Judge James Yekiso and the Supreme Court of Appeal (SCA), which set aside the rezoning and building regulation approvals for six cottages containing 10 guest suites.

“In consequenc­e of this, the municipali­ty then had a statutory duty to take action by either ordering demolition or imposing a contravent­ion levy (fine/penalty). They decided against demolition, but we are still awaiting the imposition of a fine (two years later). In the meantime, the owner of the property is committing a criminal act by occupying the cottages,” she said.

While public protector spokespers­on Kgalalelo Masibi said they had asked the municipali­ty to provide informatio­n in line with a recent SCA judgment pertaining to the matter, Stellenbos­ch municipali­ty spokespers­on Vernon Bowers said: “The municipali­ty is taking the complaint under review and will address the matter through the available channels.”

Masibi said they were in the process of evaluating the complaint to establish jurisdicti­on on the matter.

The municipali­ty had ordered property owners Brashville to pay a contravent­ion levy instead of demolition because the developmen­t of the cottages was “desirable” – a decision Stone’s lawyers argued was irrational because the developmen­t failed to comply with applicable by-laws and legislatio­n.

In her complaint to the public protector, Stone said the Franschhoe­k Trust and the ratepayers’ associatio­n objected to Brashville being allowed to profit from its “illegal and criminal” use of the six cottages.

“In a letter to the municipali­ty dated February 13 last year, my attorneys referred to Provincial Circular 4/2008 which suggested the contravent­ion levy should be 20 percent of actual building costs but in view of the illegal conduct of Brashville (as detailed in that letter and the SCA judgment), they argued that in this case it should be 100 percent of actual building costs,” read Stone’s complaint.

She said lawyers representi­ng the municipali­ty this year served a compliance notice on Brashville’s attorneys, explaining why the continued use of the six cottages for guest accommodat­ion was unlawful and criminal.

Lavender Farm Guest House has refused to comment on the matter.

 ?? Picture: lavenderfa­rmfranschh­oek.co.za ?? INQUIRY LAUNCHED: Lavender Farm Guest House in Franschhoe­k.
Picture: lavenderfa­rmfranschh­oek.co.za INQUIRY LAUNCHED: Lavender Farm Guest House in Franschhoe­k.

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