Top cop’s application part of probe

AN APPLICATION by the Northern Cape Commissioner of Police, General Risimati Shivuri, for land in Southridge, as well as one in Riviera by the former Sol Plaatje executive Mayor, Mangaliso Matika, forms part of the Section 106 investigation.

The process involved in the sale of the two properties formed part of an investigation into whether land disposal processes at Sol Plaatje Municipality adhere to the land disposal policy of council and the relevant legislation.

The report refers to two properties, one in Tugela Street, Riviera, and the other in Southridge, chosen because “some of the applicants are prominent members of the community”.

The first application for the proposed closure, rezoning, subdivision and alienation of erf in Tugela Street, Riviera, was considered by the council’s Spelum Committee on February 2 2017.

“There were six applicants for this property of which the executive mayor of the Sol Plaatje Municipality was one of them. The intention of the applicants was to purchase the erf for residential purposes.”

According to the report, the urban division of the municipality prepared a sketch plan for the entire property and came to the conclusion that the erf will be able to accommodate approximately 21 erven.

“The sub-directorate water and sanitation, as well as the sub-directorate roads and stormwater did not have any objection to this application. However, the sub-directorate electrical was not in a position to approve this application as the present electrical cable backbone network, providing Bree Street sub-station with electricity, was not able to accommodate this additional electrical capacity.”

At a subsequent Spelum Committee meeting, the closure, rezoning, subdivision and alienation of the erf was approved with several conditions, including that an EIA (environmental impact assessment) be conducted prior to the finalising of the deed of sale; that the six applicants be approved; and that the remaining 15 erven be sold to one person per erven.

“This matter was taken to a vote since the council could not reach consensus. Cllrs Badenhorst, Beylefeld, Fourie, Griqua, Kika, Lewis, Liebenberg, Louw, Maditse, Niemann, Phiri, Pieterse, Van Rooyen, Visagie and Vorster requested that their vote be recorded against the resolution to alienate the property since, according to them, the process was not fair, equitable, transparent, competitive and consistent with the supply chain management policy,” the report states.

“The team was informed by the MM (municipal manager) that he refused to approve this process as he was of the opinion that it was not above board. However, no documentary proof hereof was forwarded to the team despite commitment by the MM to do so.”

In terms of the Southridge property, an application was forwarded to the municipality on October 7 2015, for the alienation of two erven, 5632 and 5633.

“However, there were also two other applicants, namely Aida Property and Mr AS Chohan.”

The report states that this matter was on the agenda of the Spelum Committee on November 2 2017 and no objections were received from inter-directorate consultation (sub-directorate water and sanitation, roads and stormwater, electrical and the urban planning division).

During this meeting the properties section of the municipality resolved to recommend the sale of the erf to Mr Shivuri as it would assist in achieving spatial transformation objectives of the IDP, namely to address the injustices of the past as well as promotion of integration in society. A valuation of R300 000 (erf 5632) and R310 000 (erf 5633) VAT exclusive was determined.

“It was resolved by the Spelum Committee to recommend to council that the proposal be advertised and if any objections were received, a further report would have to be submitted to the Spelum Committee, that the council refuse the application from Aida and that Mr A Chohan be allocated Erf 5527, Kimberley.

“Cllrs Badenhorst, Beyleveld, Fourie, Griqua, Lewis, Liebenberg, Niemann, Pearce, Pieterse, Steyn, Van Rooyen, Visagie, and Vorster requested their votes to be recorded against the resolution since the matter necessitates a tender process to promote transparency.

“Mr Shivuri was requested to inform the municipality within 21 days of the date (January 18 2018) by letter whether the conditions of sale were acceptable to him and if interested in proceeding with the sale, Mr Shivuri was requested to pay an amount of R800, which was not paid at the time of compiling this report.”

The report found that with regard to the Tugela Street property, “it is inconceivable that the property would be put up for sale when no EIA was done and that the property was not serviced prior to the sale of the land”.

“Furthermore, it is unfortunate that both properties were not subjected to tender processes prior to the sale thereof for transparency purposes.”

It recommended that, due to a lack of openness and transparency, the alienation process should start from the beginning to ensure openness and transparency with regard to both properties.

“Furthermore, Mr Shivuri forfeited his right to proceed with the property since the time frame of 21 days granted by the municipality has lapsed.”