PC Human Settlements: Reports on oversight visits to Gauteng Province and Oakdale Sectional Title Block

Human Settlements, Water and Sanitation

25 January 2011
Chairperson: Ms B Dambuza (ANC)
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Meeting Summary

The Committee met to consider the draft report on its oversight visit to the Oakdale Sectional Title Block and its draft report on its oversight visit to the Gauteng Province. The visit to Oakdale was prompted by a submission by one the sectional title scheme’s owners during the public hearings around the Sectional Titles Schemes Management Bill and the Community Schemes Ombud Service Bill.

The Committee had made the following observations as a result of this visit:
•due to a lack of proper communication between owners and the body corporate
•the on-site inspection of the property (including the yard and its surroundings) had revealed no visible signs of either a lack of or poor maintenance.
•it was important for owners to take responsibility when buying into Sectional Title Schemes and to familiarise themselves with the financial statements and trustees’ annual report for the previous year, •those who were renting should be compelled to ensure that the complex was well-maintained at all times
•people living in the complex needed to take ownership of their investment,
•the complainant was advised to contact the National Association of Sectional Title Owners
•the need for two separate budgets (one for day-to-day operations and one for maintenance) was emphasised
•it was not the responsibility of the owner that sold his/her unit to pay the special levy but rather that of the new owner.

Members called for education to be prioritised in this regard and for legislation to be written in a way which made it more accessible to a wider range of people. A member asked whether anyone other than Ms De Klerk had been spoken to and whether she was satisfied with the outcome of the visit.
The Report was adopted.

The Committee then went on to discuss its Draft Report on its oversight visit to the Gauteng Province.
Members raised concerns around figures on informal settlements which did not seem to correlate and the fact that there were no toilets in Baghdad appeared to go against the earlier statement around there being no backlog in this regard. A Member proposed that a Recommendation be inserted asking for the Gauteng Provincial Department to provide an updated report on informal settlements in the province and their strategy for the eradication thereof

Meeting report

Report on Committee’s oversight visit to the Oakdale sectional title block
Ms T Gasebonwe (ANC) said that a Committee delegation had conducted an oversight visit of a sectional title block, known as Oakdale, in the suburb of Plumstead, following a submission by Ms Ingrid De Klerk, who was an owner in the scheme, during the public hearings around the Sectional Titles Schemes Management Bill and the Community Schemes Ombud Service Bill.

The Committee had made the following observations as a result of this visit:
•due to a lack of proper communication between owners and the body corporate
•the on-site inspection of the property (including the yard and its surroundings) had revealed no visible signs of either a lack of or poor maintenance
•it was important for owners to take responsibility when buying into Sectional Title Schemes and to familiarise themselves with the financial statements and trustees’ annual report for the previous year, •those who were renting should be compelled to ensure that the complex was well-maintained at all times
•people living in the complex needed to take ownership of their investment
•the complainant was advised to contact the National Association of Sectional Title Owners
•the need for two separate budgets (one for day-to-day operations and one for maintenance) was emphasised
•it was not the responsibility of the owner that sold his/her unit to pay the special levy but rather that of the new owner

Discussion
Mr A Steyn (DA) recalled that the delegation had advised Ms De Klerk to take up the complaints she had recorded with the ombud’s office once it started operating.

Mr A Figlan (DA) said that this had been a clear case of poor communication between tenants and owners.

The Chairperson asked what lessons the Committee could learn from the visit.

Mr Steyn replied that owners did not take enough responsibility for their units and should therefore be encouraged to be more active participants in such schemes.

Mr Figlan said that more people entering into such business ventures needed to be educated around it.

Ms N Mnisi (ANC) said that legislation should be written in a way that made it more accessible – and thereby understandable – to a wider range of people.

Ms A Mashishi (ANC) said that trustees should receive greater support from owners.

Ms M Njobe (COPE) asked whether anyone other than Ms De Klerk had been spoken to. Was she satisfied with the outcome of the visit?

Ms Gasebonwe replied that, although the delegation had believed there would be more people in attendance, it was only Ms De Klerk and her partner who were in attendance. This showed that she had not invited others to the meeting with the delegation and was indicative of poor relations.

Mr Steyn added that the delegation had informed her that some of her concerns would be addressed in the proposed legislation and thanked her for this. Although this did not solve her immediate problems she did seem pleased with this.

The Chairperson said that the issue of education and training needed to be prioritised.

Mr Conroy, Committee Researcher, said that training should be focused around conduct and management rules.

The Chairperson said it was important to encourage good relations between tenants and owners.

Ms Mashishi called for the adoption of the Report.

Mr Figlan seconded this motion.

The Report was adopted.

Report of the oversight visit to Gauteng Province
The Chairperson asked whether any of the Members present had any comments about or additions they wished to make to the Report.

Mr Steyn asked what the actual figures were around the number of informal settlements (on page 4) as the figures listed did not correlate.

Ms Kholiswa Pasiya, Committee Secretary, replied that this was the information she was presented with.

The Chairperson said that mention of this should be made under the Committee’s Observations.

Mr Steyn said that the fact that there were no toilets in Baghdad (under Site visit to Baghdad, page 14) went against the earlier statement around there being no backlog in this regard.

The Chairperson said that this should be listed under the Committee’s Observations. A Recommendation around the issue of cost-recovery in relation to poorly performing contractors should also be added. Follow-ups needed to be done around the issues of bullfrogs in Diepsloot and people in living in informal settlements even though they were the rightful owners of houses. The one week which was allocated for its oversight visit to Ekhuruleni was insufficient as the municipality is too large to cover within that space of time.

Mr Figlan said that, under the Committee’s Recommendations (page23), the “households in Ivory Park” referred to the unfinished houses which had built in this area.

The Chairperson said that the Committee would request a full report on this issue as well as the incomplete Kliptown project and how these were to be addressed.

Mr Steyn proposed that a Recommendation be inserted asking for the Gauteng Provincial Department to provide an updated report on informal settlements in the province and their strategy for the eradication thereof.

The Chairperson asked what timeframes were to be set for these reports.

Mr Steyn responded that the timeframes set (for the end of February) should be extended to the end of March instead.

Members agreed.

Ms Gasebonwe moved for the adoption of the Report.

Ms Mashishi seconded this.

The Report was adopted.

The meeting was adjourned.



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