Company can’t take law in its own hands

It is becoming increasingly commonplace in society that when people have been caught breaking the law or not following the rules, they point out someone or something else which is seemingly wrong … to divert attention away from their own guilt. The latest and worrying example of this is in the ongoing defiance of a major property development group of an order which should halt its construction of a building which is, itself, of questionable legality.

Century Property Developments was ordered to stop construction of a multistorey student residence in Auckland Park last month after the City of Joburg withdrew planning permission for the project.

The withdrawal followed the suspension of the city’s building control officer, after alleged irregularities were found in notices issued to developers, resulting in some developments taking place without approved plans.

The company stopped work for a few days and then resumed. When questioned, it dismissed the withdrawn notice as being procedurally flawed and added that, consequently, development was going to carry on. The company’s Japie Vos then played the sympathy card, claiming that halting developments put as many as 3 000 jobs in jeopardy.

The reality is that until the withdrawal notice is successfully overturned in court, construction cannot proceed. And it is worrying that a major company like Century appears to disregard the rules in this respect.

The residents of Auckland Park have already questioned the development because it contravenes a number of stipulations in the city’s spatial development plans for that area. They have also questioned the original approval from the city.

Whatever the merits of the case, they need to be decided by a court of law. A company cannot simply say: we are right, therefore you cannot stop us.

If that is allowed, then South Africa is starting down the road to anarchy.