The City came under fire from outraged MPs following its decision to slap the Passenger Rail Agency of SA (Prasa) with a contravention notice, stating that the entity faced a potential fine of R800 000 or 20-year jail term over the temporary relocation at Stock Road in Philippi East.
MPs also accused the DA-led municipality of sabotage and attempting to stall the project that will clear informal settlements on the tracks along the central railway line, all in the name of devolution of the passenger rail service in the metro.
Prasa chief executive Hishaam Emeran told the standing committee on public accounts (Scopa) on Tuesday that they were taken aback by the City’s sudden action.
A total of 1 206 Informal settlement residents relocated between Nyanga and Philippi. Of these, 856 households were moved to the Stock Road site and an infilling of 350 households.
The relocation is part of Operation Bhekela, a joint operation between Prasa, the City, the Housing Development Agency (HDA), and national and provincial departments of Transport, Human Settlements, and Public Works.
“HDA did an assessment on the site at Stock Road and all stakeholders including the City agreed on the suitability of the site for the temporary relocation to commence with construction and repair.
However, we faced some issues. As Prasa we were taken aback that on December 19, whilst the relocation was under way, the Development Planning unit of the City visited the site at Stock Road where Operation Bhekela was being implemented and cited that a land use application to rezone is required.
“Based on the outstanding rezoning application, the City issued a contravention notice to Prasa on December 22 citing unlawful conduct with the implementation of land use without seeking prior approvals for the specific use of the land and the notice contained a potential fine of R800 000 or 20-years jail term that could be enforced.
“It must be noted that prior to this we had been to Scopa and several meetings were held with the City to confirm that its management is aware of the process followed to use the site for the temporary relocation.
“ It seems they lack internal communication,” said Emeran.
Prasa has been given 60 days from January 22 to comply, otherwise the fine will be imposed.
EFF MP Ntombovuyo Mente said throughout the process the City had made undertone problematic statements that they had priorities other than this emergency for transport.
“We could also pick up that there is a ‘we don’t care’ attitude from day one. These threats and notices are no surprise to me that they are attempting to stall the project at this advanced stage.
“We also know politically they have ambitions of taking over the railway line and this is why we are sent from pillar to post over things that were already agreed on. They should just make it clear if they are on board: yes or no, that’s it,” Mente said.
Deputy mayor Eddie Andrews said: “Where there is development in any parcel of land, we are clear that there is a framework or legislation that has to be complied with and there has to be rezoning and subsequent to that a building plan application.
“That is the process we have taken now at Philippi. Over 900 comments have been received and an extension was requested and granted which ends on February 28.
That is the process regarding land use and building.
“I appreciate that another speaker spoke of expropriation of land for the other sites. It is important that we tick all the boxes. Stock Road is a new site and land that is inappropriately zoned. There must be a rezoning application submitted to Council.”
During the briefing, ANC MP Bheki Hadebe read a message from one of the community leaders notifying him that they were currently protesting along the N2 over the lack of basic service delivery of water, electricity and more toilets.
There were 90 chemical toilets installed and serviced twice a week, and water was supposed to be delivered in tanks twice a week.
However, Prasa accused the City of slacking, delivering once a week, and it also happened in December and last week when the water truck did not arrive.
Andrews committed to investigate the alleged lack of service delivery and that an additional 60 toilets would be provided.
Concerned Scopa chairperson Mkhuleko Hlengwa proposed that on March 20 the committee conducts an oversight visit to the Stock Road site.
Cape Times