City can’t resolve informal settlement issues on land stolen by the apartheid government
DURBAN North land stolen by the apartheid government that was never returned to the displaced families, is now the sites of commercial businesses, a church, parking lot and a problematic informal settlement.
Issues surrounding the Malacca Road informal settlement and garden refuse site have been raised over the years by residents – but to no avail.
Paul Alvarez from the Glenhills Ratepayers’ Association said last month a multi-disciplinary operation of about 20 ethekwini municipality staff met with residents to point out problems in the area.
“There has been no contact for weeks now. They came, showed face and left. There were no visible changes or improvements. We were hopeful but ultimately let down.
“There have been about three fires in the last two years with a fatality and a murder in the nearby bushes adjoining Rinaldo park towards the end of 2020.
“The ablutions provided for 75 shacks cannot cater for the large and growing settlement so they are overused and overflow regularly plus there is natural water seepage from the refuse site and cemetery, permanently flowing over illegal electricity connections that run into Malacca Road and into the settlement.
“Slum lords charge rental fees and for illegal electricity.
“People from the settlement have also threatened residents,” he said.
In 2013, the ethekwini municipality successfully obtained a high court interdict against “potential unlawful occupiers of a vacant piece of immovable property at Malacca Road”.
The city was granted permission to take all necessary steps to remove or eliminate structures or dwellings, including any building material used in the construction of dwellings on the site.
The informal settlers were also warned against growing the settlement but shacks have continued to mushroom.
Last year, Robin Candy the former
chairperson of the Glenhills Ratepayers’ Association wrote to the municipal manager about the uncontrolled growth of the Malacca informal settlement that was in contravention of the city’s own court order.
“What started as 20 then became 40 and is now somewhere around 300 dwellings.
“We were told by the municipality’s land invasion unit that there was nothing that could be done, as removing the occupants would require the city to find alternative accommodation, which it could not,” he said
Robin Naidoo, chairperson of the
Indian Land Claimants’ Association, said it was not the city’s land and the 60 families he represented were the rightful owners who wanted it back.
“In 1970 the apartheid government stole our land and displaced us with the Group Areas Act.
“Then democracy dawned and a new government took over but we still don’t have our land.
“Instead, we have worthless promises while the land has been sold to build a church, parking lot, businesses and informal settlements.
“Each family owned about acre of land which was 1 used for farming,” he said.
The land has been renamed Ryde Place, Legacy Road, Malacca Road, Coughlan Crescent and Pemba Lane.
Naidoo said claims had been made by the association with the municipality and commission on restitution of land rights to reclaim their land but nothing was done.
“We have been fighting for years and have been ignored for just as long.
“They don’t want to give us our land, perhaps because we are Indian and not seen as their constituency so they don’t care.”
Ethekwini municipality spokesperson Msawakhe Mayisela said land invasion incidents continued to be an albatross around the city’s neck.
“We are fully aware of this settlement; however, we need to state it categorically that we are not folding our arms with the intention of frustrating nearby residents.
“One of the challenges we are experiencing is that the invaded land is subject to land claim and as a result that process needs to run its course before the city charters a way forward,” he said.
Mayisela said when people were evicted, they needed alternative accommodation which was a challenge for the city
“We do not have enough land.
“It is easier to prevent invasion than resolve the issue of an established settlement.
“We are appealing to all residents bearing the brunt of this settlement to understand the magnitude of challenges the city faces.”