Finding a spot to build our house
Chriszanne Janse van Vuuren
The case that was made against Councillors Xolile Galada and Maureen Malaya for their alleged involvement in the unlawful invasion of municipal property situated between Merino and Aster streets in Kroonvale, Graaff-Reinet, has been withdrawn by the Dr Beyers Naudé Local Municipality.
The municipality applied for a final interdict to prohibit and restrain Galada and Malaya from inciting seven unidentified persons or any other person to enter and take up residence on the identified municipal property in June last year. They appeared in court for the first time on 5 July last year, after the municipality requested a rule nisi* to be issued. According to Msingisi Dwayi, the Legal Aid South Africa attorney who represented Galada and Maloyi, the case was withdrawn since the municipality had no executable case against them. He said the case has become moot as the court's decision in this instance would be of academic interest only.
The application for the order to evict the three people who already took up residence on the identified property in June last year was also withdrawn by the municipality after it was agreed that they will vacate the property voluntarily.
'Failed' meeting
According to a respondent known to Graaff-Reinet Advertiser, Galada urged both identified and unidentified respondents to cease occupying the municipal land. Galada expressed intentions to resolve the housing matter outside of court, but this has yet to occur. The respondent believes that a meeting held on 20 March between Galada and Ward 5 residents facing housing issues did not yield favourable results.
The respondent says that Galada was accompanied by the town planner and the Director of Infrastructure Services, Bennie Arends, but they were unable to resolve the grievances relating to land for housing purposes. The town planner indicated that the only priority at this stage is the upgrading of the Vrygronde informal settlement, as a budget for that purpose has already been allocated.
Nowhere to go
“Ward 5 residents with housing issues who had to go to court because they invaded municipal land still have nowhere to go,” says the respondent. “We were told that the municipality will assist us in relocating to Riemvasmaak where serviced plots for informal housing purposes are available, but according to him no serviced plots are available at Riemvasmaak.
“According to the town planner he has no knowledge of the court case, so I don't know where that leaves us. The town planner undertook to accompany us to the vacant municipal land that we wanted to occupy and if it is suitable for housing purposes it will be rezoned for housing, but we will have to wait and see whether that is going to happen.”
Garbage 'more important than people'
In the meantime, it is alleged that two other families, also known to the Advertiser, who rehabilitated a dumping site and used the land to construct informal dwellings were also given notice to vacate within 10 days. According to Sias Smith, convener of the People for Basic Rights (P4BR) movement, this notice was received after other residents complained that this left them without any space to dump their waste. “P4BR conducted interviews with the various families whose names appear on the Graaff-Reinet waiting list for housing and then took the matter up with the entire ward. It was concluded that the municipality must provide these families with alternative accommodation within the ward,” says Smith. “Should the families be evicted from the land without having alternative accommodation it will be an indication that illegal dumping sites are considered more important than people having a roof over their heads.”
Smith emphasised the fact that evicting these families without following proper procedure will amount to a violation of their constitutional rights as contained in the Chapter 2 of the Bill of Rights. “All residents have the right to housing and to a clean and healthy environment.
“The development of serviced housing for homeless residents will alleviate the housing shortage as well as resolve the issue of illegal dumping in residential areas. It will also increase income for the municipality as these people will be paying for services,” says Smith. “P4BR is keeping a close eye on the situation and will not stand by idly if garbage is considered more important than people.”
Slow housing delivery
In the Dr Beyers Naudé Local Municipality's first drafted annual report for 2022/2023, that was made available for commenting at the beginning of March, it is stated that the municipality has seen the growth of informal settlements due to the slow housing delivery and that this slow delivery has resulted in some areas, particularly in Graaff-Reinet, Nieu-Bethesda and Jansenville, resorting to occupying land illegally.
According to the municipality, this is currently being addressed through legal processes, but a long-term solution will be to explore the upgrading of informal settlements through the identification of vacant land and the relocation of the newly constructed informal dwellings. It will also include the upgrading of the sites through the connection of bulk services – water, sanitation, and electricity – and registration of the sites.
An inquiry into the matter was sent to the spokesperson for Dr Beyers Naudé Municipality, Vuyisa Jantjies, and Galada. Once feedback is received it will be published.
* A rule nisi is an interim or temporary order granted by a court in absence of the respondent.