Questions over ‘farm’ that’s cropped up on banks of river
While the Enoch Mgijima Local Municipality has been demolishing houses across the area, some local business owners claim they have done everything in their power to get the municipality to stop the development of a small farm on the dangerous banks of the Komani River.
The small farm is situated at the back of Pick n Pay, at The Mall.
A businessman, who wanted to remain anonymous, said another Komani business owner had visited the farm with Malibongwe Xhelisilo, from the municipality’s land development department.
“Letters were served to the ‘owner’ of the farm,” said the businessman.
He said Xhelisilo had promised to have a structure built at the site removed.
“After many follow-ups there was still nothing being done to remove the structure.
“The tractor is still ploughing the field where a crop is being planted on the banks of the river,” he said.
The river overflowed during the recent floods in Komani, and has done so every time it rains.
“How will the person at the farm survive?
“Where did he get the permission to stay there?” asked the businessman.
Recently, the Makhanda high court ruled in favour of EMLM halting unlawful land invasions within the municipal area.
The decision came after the municipality approached the courts in response to statements made by individuals associated with Komani Protest Action, including the organisation’s leader, Mncedisi Mbengo.
EMLM spokesperson Lonwabo Kowa said in a statement that the court order would prevent future unauthorised land occupation.
“Enoch Mgijima Local Municipality is now taking a proactive stance.
“The municipality has taken responsibility to ensure that no further illegal land grabs occur,” Kowa said. The aim was to safeguard the interests of rightful land owners, protect communities from fraudulent practices, and ensure people did not build on unsafe or unsurveyed land.
“Such preventative measures aim to mitigate potential disasters and the destruction of homes in the future,” the spokesperson d said.
“The court interdict, which was effective immediately, includes an order for the defendant to cover the associated costs.”
He added that there had been land invasions in Molteno, Ezibeleni, Whittlesea and Birch Farm near Komani.
The Rep has seen a letter, dated September 4, from the acting director of human settlements and land development, which states that it had come to the department’s attention that an illegally built structure had been set up at the banks of the Komani river, with farming activities being carried out on municipal land.
This without the ‘owner’ of the farm having complied with set regulations and bylaws, which was in contravention of the Town Planning Scheme.
“You are therefore instructed to bring proof of occupation or otherwise demolish the structure and seize such activities with immediate effect,” the letter reads.
“Failure to abide by this instruction will result in legal actions being instituted against you without further notice and any costs accrued out of this action will be borne by yourself.”
However, since that letter, nothing has been done to remove the structure.
Kowa said the municipality was alerted of the developments on Erf1. "The municipality is investigating the matter and has already communicated with the occupant. Appropriate action will be taken as the municipality will not allow any illegal developments," he said.