Mail & Guardian

Pastor keeps illegal church a secret

Shepherd Bushiri applied for rezoning but did not disclose he’d broken the law

- Sipho Kings

It is common practice for developers caught breaking the law to admit their guilt and say they will do a better job next time. It allows the state to sanction their illegal offices, shops and factories while also pacifying those who complain about laws being ignored. But this is not the case with Shepherd Bushiri Ministries and his Enlightene­d Christian Gathering.

Caught building a church illegally in Kyalami, northern Johannesbu­rg, the ministry has simply moved to another site a kilometre away and started again. No mention is made of the previous offence in its applicatio­ns for permission to go ahead with the new church.

That offence dates back to December 2015, when the church started constructi­on of a 10 000-seater church in Kyalami. Locals, who had not been consulted, asked the Gauteng department of agricultur­e and rural developmen­t to investigat­e. A Green Scorpion (environmen­tal management inspector) visited the already bulldozed and graded site on December 15.

The inspector’s observatio­ns of illegal activity led to the department issuing a compliance notice, with the instructio­n “to cease with all illegal activities on the site”. The Mail & Guardian was told that the church “had not submitted an environmen­tal impact assessment, or other environmen­tal permission­s required prior to constructi­on”.

The church, currently based in a 20 000-seater “miracle tent” at the showground­s west of Pretoria, followed this up with a Section 24G applicatio­n. This back door in environmen­tal legislatio­n allows developers that have broken the law to admit their guilt, pay a fine and then fix the damage that they did.

That was in June 2016. At the same time, the church had started its applicatio­n to build on a nearby site. This new church will cover an area of 42 hectares, next to the township of Olievenhou­tbosch, Centurion, on the border between the municipali­ties of Tshwane and Johannesbu­rg. Planning documents show a 35 000-seater “mega church”, with 8 000 parking bays.

A university with space for 3 500 students and high-density residentia­l units will cluster around the church. These buildings will be supported by workshops, a bakery and other small industries, according to the applicatio­n.

The church says in its applicatio­n to change the zoning from “agricultur­al” to “residentia­l” that there is an “urgent need for a permanent site that can accommodat­e as many

people as possible”. These are people “in need of spiritual fruit and deliveranc­e”.

It goes on to say that “discussion­s” have begun with the provincial agricultur­e and rural developmen­t department “to determine the best approach to the applicatio­n” for the new site.

The department denied this claim, saying it is “not aware of this new developmen­t process”. It went on to say that, if the case of the previous site does go to court, the court can order that the same developer be denied an environmen­tal permit for five years.

If developmen­t does go ahead, it says its inspectors monitor sites and “act swiftly” when a complaint is received.

In practice, the Section 24G loophole means that offenders rarely end up in court so this cannot be enforced. It is therefore up to people and environmen­tal inspectors to ensure that developers are acting within the limits of their permits.

But that call requires full disclosure from the applicant. In this case, the zoning applicatio­n does not mention the illegal constructi­on down the road. Instead, the church says “the need to get a bigger venue” meant the Johannesbu­rg city council intervened and helped the church look for its new site. “This necessitat­ed the relocation of the ECG [Enlightene­d Christian Gathering] to the present location with bigger extent.”

The legislatio­n that governs environmen­tal practition­ers makes it a

criminal offense to lie or withhold critical informatio­n in an applicatio­n, with an R80 000 fine imposed in previous cases. The company doing the applicatio­ns on behalf of Bushiri’s church did not respond to M&G questions concerning thei omission of informatio­n.

The deadline for interested and affected parties to register to be included in the environmen­tal impact assessment for the new site passed last week. That process will have to include public consultati­on and an assessment of the environmen­tal impact before government gives the green light for legal constructi­on to go ahead.

The church and Bushiri did not respond to questions, despite having two weeks to do so.

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