Municipality blamed for illegal structures on farm land
Two people staying in the informal settlement in Mountain View in Jamestown were burnt to death on Monday night. Another was hospitalised after the shack they stayed in caught fire and was completely destroyed.
Residents of Jamestown are now up in arms about the apparent illegal occupation of land which is zoned for agricultural use and where the Stellenbosch municipality have placed about 250 shacks this area, zoned as agricultural land. This has been happening for the past six years.
“The municipality moved these people to the Mountain View site against their will, and despite objections of the Jamestown community, that is over and above the fact that this specific land is not for residential use. This is the umpteenth time that lives were lost in a shack fire here,” a local resident said.
A woman, known as Palesa, who used to work at the local clinic and a male fiend Manlo, died in the fire while Palesa’s brother Mouneeb, was hospitalised. The reason for the fire could not be established yet. The municipality is the owner of this piece of land, which is part of Farm 527/7.
According to documentation the site is zoned “rural and agricultural” and basic services are not available to evictees. There are no access roads, electricity, water, storm water systems or sanitation facilities. It’s unfit for human habitation.
“According to the Stellenbosch Planning bylaw a person is guilty of an offence and is liable on conviction to a fine or imprisonment not exceeding 20 years or to both a fine and such imprisonment if he or she utilises land in a manner other than prescribed by a zoning scheme.
“Furthermore if an owner who permits his or her land to be used in a manner contrary to what is set out in the bylaw, and who does not cease that use or take reasonable steps to ensure that the use ceases, is guilty of an offence and liable upon conviction to a fine or imprisonment not exceeding 20 years or to both a fine and such imprisonment. The Municipality must serve a compliance notice on a person if it has reasonable grounds to suspect that the person is guilty of these offences. This notice must instruct the person to cease the unlawful utilisation of land without delay.
“Furthermore, the Constitution of South Africa states that anyone evicted from their home, must be provided with alternative accommodation that complies with the provisions of the constitution, and meet the minimum requirements of habitation and dignified living. This includes access roads, electricity, water, storm water systems and sanitation facilities. Th municipality is therefore transgressing its own bylaws, as well as the Constitution of South Africa,” the resident said.
- The municipality was asked for comments on this issue but at the time of going to press none was received. We will add those comments as soon as they are received. Ed.
