Video: HUMAN SETTLEMENTS 16/09/2020
The Western Cape Department of Human Settlements spoke about the delays experienced in delivering housing and infrastructure projects due to land invasion and presented the strategies being implemented for the protection of public land from illegal land occupation. The MEC said that the situation during lockdown showed that land invasion was opportunistic and criminal. It worked against law abiding beneficiaries who were waiting to receive housing. Resources intended for human settlement development had been redirected to secure land which had been invaded.
The City of Cape Town and Western Cape Department of Community Safety presented on the current state of land invasions in the Western Cape, its strategies and the resources required to protect public land and infrastructure from illegal invasion as well as the status of current investigations behind opportunistic land grabs and the systems in place to prevent this.
Land invasion is a problem not only for private landowners but also government entities. The City of Cape of Cape Town identified Khayelitsha, Mfuleni, Delft, Kraaifontein, Philippi and Du Noon as hotspots of land invasion. The economic impact of COVID-19, shack farming and political manoeuvring had fuelled unlawful occupation. Many unauthorised settlements occur on sites designated for human settlement development so that these individuals are given priority during the housing allocation.
In the Western Cape, the move to evict land invaders has been met with public protests, orders from the courts and interventions from various organisations including the South African Human Rights Commission. It was noted that these land eviction efforts were not met with similar action in other provinces. This frustrated the efforts by various government entities to regain their land or return land back to private owners.
The role of the South African Police Service in land invasions was outlined in National Instruction 7 of 2017. It was highlighted that the police can only investigate land invasion claims once a case has been opened and land evictions need to be backed with a court case.
Members were interested in evidence proving the orchestration of land invasion and that land invasion increased during election years. They asked if the key players in land invasion were being investigated. They were eager to know the timeline of the court cases and investigations involving land invasion.
Members wanted to understand the role of the various law enforcement agencies in the prevention and management of land invasion especially SAPS. They noted the need for social solutions to land invasion as the majority of the solutions presented involved policing. Members felt that government was not contributing sufficiently to expediting housing solutions although availability of land for such projects was scarce.
The Chairperson acknowledged apologies from the Western Cape Minister of Community Safety and Western Cape Head of Department of Community Safety.
Western Cape Minister of Human Settlements, Mr Tertius Simmers, acknowledged the crucial nature of the meeting as it addressed the current and future impact of land invasion. The realities of what occurred during lockdown is not needs driven but driven by elements of opportunism and criminality at the expense of law abiding patiently-waiting beneficiaries of the State who would have qualified in the near future. The element of politicisation needed to be taken out in what has occurred and consider the realities. These realities are that state resources for human settlements development have been reprioritised to secure the invaded land at the expense of future housing opportunities. The selective truths that have been seen over the last few weeks are what fuel land invasion.
City of Cape Town briefing
Mr Jean-Pierre Smith, City of Cape Town: Mayoral Committee Member for Safety and Security, presented the action of City Enforcement towards land invasion and protest action. Since 11 July 2020 there had been 147 land invasions, 115 protest actions and 46 staff injuries. In addition, 9 761 structures had been illegally occupied between January and August 2020 with no evictions and demolitions being conducted. He stated that the judgement by the South African Human Rights Commission (SAHRC) did not override the existing court orders that authorised the City to take down unoccupied and/or incomplete structures.
Mr Petrus Roberts, City of Cape Town: Director of Law Enforcement, Traffic and Coordination, presented on the City of Cape Town’s land invasion operational approach and the relationship between City Law Enforcement and the South African Police Service (SAPS) in land invasions as outlined in SAPS National Instruction 7 of 2017.
Mr A Van Der Westhuizen (DA) asked for evidence showing that land invasions were organised and not caused by the migration of people. He asked what support SAPS and the City of Cape Town gave to private landowners and government organisations whose land had been occupied. What action do they need to take to receive the support?
He noted the difficulty of identifying perpetrators from video footage and the need to work with SAPS. To what extent is the video footage accepted in court, does it help and is it available? He asked who chaired the Provincial Joint Operational Centre (PROVJOC).
He stated that other municipalities were facing land invasion challenges. Gauteng had spent approximately R11.5 million and were reverting to the use of drones. To what extent is the Department cooperating and engaging with other metros in the country to exchange information?
Mr B Herron (GOOD) stated the importance of understanding the role of law enforcement action in the context of the human settlement solutions and noted that the focus was on law enforcement actions without understanding ways of addressing homelessness. He asked for evidence of political orchestration in land invasion and found it hard to accept the opening remarks by the Minister stating the problem was not needs-related but was due to political orchestration.
He noted the role of SAPS included the opening of a case on trespassing, recording what happened, investigating and assisting with evictions ordered by the court. What is the expectation around policing when there is an occupation of land? Is SAPS expected to take physical action and remove people? He noted the Anti-Land Invasion Unit was to be expanded yet there were court orders against the removal of structures and eviction without a court order. What is purpose of expanding the Anti-Land Invasion Unit and what will they do as an expanded unit?
Mr P Marias (FF+) was impressed by the City Of Cape Town presentation and felt it had worked according to the laws. The court defined a habitat as anything made from cardboard, plastic or zinc structure and people were taking advantage of this description to get a fixed address for registration with the Electoral Commission of South Africa (IEC) and influence election results. Land invasions were a political move. What other means can the City of Cape Town do to stop land invasions and protect land?
Mr R Allen (DA) understood the role of Public Order Policing (POP) as mandated within the Constitution. Its functions included maintaining public order, protecting and securing the inhabitants of South Africa and their property and upholding and enforcing the law. He understands that the action of a person invading land would be illegal. On land invasions being orchestrated, he asked if evidence had been submitted to SAPS and if so the progress of the investigation.
He was shocked by number of officials who had been injured and asked if any bystanders had been injured and the strategies taken to protect bystanders. He asked SAPS what is the potential for an increased allocation to POP in the Western Cape and when will it happen?
Mr D America (DA) noted several court orders were handed down by courts against the City of Cape Town. He asked for the number of court orders in favour of the City of Cape Town, the progress and nature of the court orders. Are there difficulties in executing the court orders? He noted SAPS was responsible for illegal land invasion operations. Should the City’s Law Enforcement Unit withdraw from executing that role? He asked how land invasions affected the delivery of services such as sanitation and solid waste removal.
Mr M Kama (ANC) asked why the lack of access to land for human settlement was not considered in the problem statement. Were the Departments of Safety and Human Settlements working together to resolve factors resulting in land invasions or evictions? Are there officers who are part of the Western Cape Safety Plan's Law Enforcement Advancement Plan (LEAP) working on land invasions? He asked if the orchestration of land invasions was being investigated and how far the investigations had reached. What has been the role of SAPS in these land invasion evictions?
Mr R Mackenzie (DA) commented that there is no dispute that people need housing or people need land to build their houses on. The statistics show that land invasions occur before elections. He asked what is the role of State Security during land invasions. There is a lack of involvement. Land invasion is big business for shack builders with a shack costing between R4 000 and R5 000. Has there been investigation into shack builders to see if they are fuelling the industry? Members of Parliament were involved in land invasion and there was footage of this. He asked if the City had laid charges against the ring leaders. Are there case numbers available for the committee to follow up? How far are the investigations on those cases?
Mr A Lili (ANC) noted in ANC wards that the EFF is orchestrating land invasion to benefit from the 2021 elections. He was frustrated with the slow response by the City. No law enforcement agencies were sent to stop land invasion. Many areas where land invasions had occurred were meant to be housing project sites but due to delays in starting projects the vacant land is then occupied. He reiterated that the dilemma is delay from the DA and the EFF inciting people to grab pieces of land. He agreed about shacks being a big business. There are people struggling to get houses or land. There needs to be way to deal with those hooligans and thieves because corruption is also on the ground where we come from. He requested the City of Cape Town increase the pace at which they respond to land invasion.
City of Cape Town response
Mr Smith replied that there was evidence of the organised nature of land invasions. There was evidence of plots being sold. Mr Booi’s presentation will show an example of this evidence. The City has seen definite evidence of landlords who have been exposed. The City has had witnesses who have come forward. Witnesses were directed to the City's Safety and Security Investigations Unit (SSIU) where they gave their statements. When structures were torn down, people indicated having paid between R1 500 to R7 000 for the structures. It was, however, hard to receive a statement from such individuals about the payment for shacks. There were observations of expensive delivery trucks carrying large amounts of material going to sites showing the orchestrated nature of land invasions.
He disagreed with Mr Herron on the matter of criminalisation of poverty. It was a matter of communities protecting their land from invasion. The City received many complaints from citizens, ANC councillors and Members of Parliament through phone calls, texts or in portfolio committees about land invasions in areas such as Khayelitsha, Hangberg, Bloekombos, Kraaifontein, Du Noon and Mfuleni. They were attempting to protect project initiation sites. These citizens had rights and were on the right side of the law. The failure to stop land invasions stripped communities of land for the establishment of amenities, facilities, future development and economic opportunities.
Land invasion increased the risk of fire, flooding and crime. Due to the environmental design of land invasions, it was difficult to properly service the areas and implement crime prevention procedures. It subjected people living in sections of unauthorised land occupation to a very long period of an unpleasant or low quality of life.
It was hard getting statements from private landowners due to fear and intimidation. The landowners were threatened it they did not provide electricity and water. The invalidation of the Trespassing Act by the courts has stripped the Act of its meaning.
SANParks land had been a major challenge. He gave the example of Driftsands Nature Reserve where the EFF took a case to court and removed the City’s Land Invasion Unit from the court interdict. The Land Invasion Unit was not able to protect the SANParks land.
The City had handed over video footage and witness statements to SAPS. The Provincial JOC was managed by Major General Lincoln. He would be better placed to provide information about the work and actions performed by PROVJOC.
He agreed that Gauteng had taken massive action and efforts were being made by its Community Safety MEC Faith Mazibuko. Gauteng Provincial Government had appointed 1 500 law enforcement staff for the demolition of structures. Unlike the situation in Cape Town, no court cases had been presented and there were no comments from the South Africa Human Rights Commission, Social Justice Coalition, Ndifuna Ukwazi or other organisations. The City was cooperating with other municipalities through the Institute for Municipal Public Safety and South African Local Government Association (SALGA).
Evictions were carried out only following a court order and care was taken to ensure the City’s actions were legal. SAPS role in protecting against unauthorized occupation of land, which was the same as that of City, was very specific. The National Instruction 7 of 2017 showed the role of SAPS. In small rural municipalities with few staff members, it was the role of SAPS to prevent land invasions. The Anti-Land Invasion Unit had been expanded with the intention for further expansion. The court has blocked the City from using external contractors and staff had to be insourced. The building of structures could be prevented but quick action was necessary which needed additional staff.
He sympathized with injured staff members and confirmed that bystanders did get hurt. There was a death in Kraaifontein due to the use of live ammunition. During protest action there, a firearm was discharged by a protestor and a child was killed. It was not from a city official’s firearm, but the City was cooperating with the investigation.
The court orders were to prevent land from being occupied. There was massive drain on the City’s resources due to areas being categorized as red zones because of protest actions, requiring officials to use escorts.
The Anti-Land Invasion Unit was a fully integrated unit between the Departments of Community Safety and Human Settlements and was led by Human Settlements. The LEAP staff were not initially used but after the SAHRC ruling, they have been used to step up the City's action. The State Security Agency was part of the Provincial JOC and the Intelligence Coordinating Committee.
The instigators were well known and documented, and the City was building files on them. The City was aware of the international organisations providing funding as well as the current and former political figures involved in land invasions. He was happy to pass on the case numbers to assist with follow-up.
He agreed that the EFF was involved and confirmed that action was being taken against some EFF councillors. Projects were being removed from the budget and were not being delivered on due to land invasions. He commended the bravery of some of the ANC councillors who were willing to fight against land invasion in the face of great threats and violence.
He said the broken PIE Act was the root of the problem and its definitions needed attention and it needed regulations which the National Government had failed to make despite efforts from SALGA.
The Chairperson informed the Committee that SAPS was not making a presentation; however, representatives were present in the meeting to respond to questions.
Questions for SAPS
Mr Marias asked about Western Cape SAPS Commissioner role and reaction to land invasions.
Mr Mackenzie asked about the role of the Crime Intelligence Unit and if SAPS had a watching brief on the highflyers and suppliers involved in land invasions to break cartels from the top. Are the Hawks involved?
Mr Herron asked how SAPS executed its role in dealing with these land invasions in line with the National Instruction 7 of 2017. Does SAPS physically prevent occupations and remove structures? How did they operationalize and interpret that instruction, or was there another instruction that SAPS follows that the Committee is not aware of?
Captain Stephanus, SAPS: Public Order Police Cape Town, stated that the National Instruction 7 of 2017 had to be looked at holistically. It outlined the roles and responsibilities of police members and provided guidelines on dealing with illegal land occupation. It contained guidelines on dealing with both the occupier and the landowner while observing their constitutional and human rights.
The SAPS National Commissioner was addressing the POP staff capacity in the Western Cape. The police were continually trained on dealing with land evictions and on defining the role of different components within SAPS. There was a component of SAPS trained in crowd management which was necessary during protest action. POP has been used during protest action as a result of land evictions which took 10 to 12 hours to resolve.
He responded that the investigations were confidential and could not be discussed but he stated the investigations were ongoing. He named the current Police Commissioner of the Western Cape as Lt Gen Matakata and she is giving all her co-operation and working within her capacity to address land invasions.
Most land invasions occurred in the Metropole and not in rural areas. Two land eviction operations were identified by the City – planned operations where court orders were given and unplanned operations which were cause for concern due to escalated public violence.
City of Cape Town: briefing on impact on human settlements
Mr Malusi Booi, City of Cape Town: Mayoral Committee Member for Human Settlements made a presentation to the Committee. The identified hotspots were in Khayelitsha, Mfuleni, Delft, Kraaifontein, Philippi and Du Noon. The key catalysts for unlawful occupation were the economic impact of COVID-19, shack farming and political manoeuvring. R1.3 billion worth of housing development sites and thousands of housing opportunities were being threatened by land invasions. The Human Settlements Programme catered to formal housing development, informal settlement upgrading and public housing. Statistics and pictures were provided of the invaded areas as the current reality.
Several mitigation strategies were discussed such as obtaining court orders, increasing security, development of the Unlawful Land Occupation (ULO) Framework which has been drafted and the development of a “Managed Settlement” approach.
Western Cape Department of Human Settlement (DHS) briefing
Mr Roy Stewart, Western Cape Department of Human Settlement: Director of Land and Assets Management, presented on the efforts being taken to protect the land of the Western Cape Government which is mainly for the purpose of education, public works and human settlements.
The underlying causes for land invasion were insufficient delivery of housing stock, lack of housing alternatives, the rising demand for housing and overcrowded households.The Department has an internal unit of property inspectors, who monitor the vacant properties daily and subsequently stop imminent threats immediately.
Approximately R187 million has been used to manage the effect of land invasion on existing infrastructure projects.
Western Cape Department of Community Safety (DCS) briefing
Mr David Coetzee, Western Cape Government: Director of Security Risk Management presented that the increased wave in protest action was due to service delivery challenges, illegal land occupation, political intolerance and maladministration complaints. It was the role and responsibility of the property owners, Department of Transport and Public Work, Department of Community Safety and the community to respond to land invasion in their specific capacity.
Mr Mackenzie directed a question to SAPS on the role of the Crime Intelligence Unit and if it had a strategy to identify potential sites for land invasion. He asked for the annual percentage increase in the backlog for housing opportunities. On the list for housing opportunities, are there people who have been waiting for years and are there new applicants? When do they determine when to stop the list?
Mr Van Der Westhuizen noted that people were occupying any empty space such as road reserves, railway reserves and nature reserves. We have heard that apparently SAPS is not always willing to open a docket and he asked SAPS to indicate the reporting procedure to follow to protect against land invasions. He recommended the participation of the Standing Committee on Community Safety in future meetings due to the allegations presented against SAPS.
He asked why public land was targeted. Public entities should appoint staff members whose job description was to protect public land from invasion. What is needed for the representatives from public entities to protect the land?
Mr Marais stated that the Constitution had not been used to fight against land invasions and asked about the protection given by the Constitution against National interference. He suggested the implementation of zoning as an extension of provincial planning of land to prevent the occupation of land not zoned for housing.
The PIE Act did not overrule the Constitution which stated that provincial planning was an exclusive provincial function. To what extent should this province in conjunction with its municipalities formulate a plan that will prevent the court from overstepping its bounds? Those who qualified for public housing were families, not single individuals. He requested an investigation on single individuals who receive housing. He asked if there was a hotline for reporting land invasions.
Mr Herron agreed that the problem was due to the demand for housing being greater than the supply. The identified contributing factors to land invasion were economic hardship, shack farming and political manoeuvring. All of those are creating a market of need. Although shack farming is criminal and policing must deal with those people who are exploiting poverty and desperation, the fact remains that someone is paying for a shack or access to a piece of land because they are desperate, they have nowhere to live and we need to be having this discussion in that context
The presentations stated that the solutions focused on policing, security and changing the PIE Act. Would these solutions be able to stop land invasion? He asked if the decrease in housing opportunities in the City was due to funding cuts. Is there a plan for new public housing to be funded by the City?
Talks with Transnet had started three years ago and he was disappointed to hear the talks were still happening. Government was contributing to the pressure chamber as it was being stubborn about allocating land for the resettlement of occupants of informal settlements.
To some extent government is also contributing to this pressure chamber because government is being stubborn about access to land and so creating a throttle on supply. One cannot have policing, security and protection as the solution – we need to be looking at other solutions. There was a hint at a managed settlement from the City of Cape Town. We need to hear much more about this managed settlement approach as a possible solution. He suggested the supply of housing to people across income bands giving everyone access to a place to live. He asked if such a plan was being implemented.
Mr Herron asked SAPS again about its role in terms of its National Instruction.
Mr Allen believed that part of solution was to provide SAPS with adequate resources. There was mention of POP capacity being addressed. He asked for a time frame within which the increase in capacity would occur. He mentioned that the POP mandate was to maintain public order using intelligence-driven crime combating and prevention operations. Is this happening?
The Chairperson asked if the inaccurate beneficiary allocation was contributing to land invasion. If it contributes to invasions, how is it being managed?
City of Cape Town response
Mr Booi replied that the housing database currently holds the names of 32 736 applicants. The main reason for these numbers was urbanization. Due to lack of resources the City is unable to match applicants to available housing. Each year 50 000 people came to the City with 25 000 of them registering for housing. Many did not qualify for housing because they had received housing before or did not meet the criteria. The City was working to better manage the database.
Mr Booi replied that stopping shack farming was difficult, but the City was working to educate communities. The majority of people receiving housing in invasions were young and did not qualify for public housing. Social housing would not be a solution as rent was required and many people were unemployed.
A decrease in housing demand would not be reached soon due to the delays in the system. Public housing was in the pipeline and consultants had been on the sites. Mixed developments would be established on the Du Noon site resulting in 2 500 units. Additional land purchased by the Province would result in more than 3 000 units. The conversation with Transnet has to be ongoing it is not just going to end because there are resources that will come from both ends so it is important for us to engage them because they will bring in some resources.
He indicated there was a solution for social housing with land in Salt River, Woodstock and other land parcels under consideration.
Western Cape Human Settlements response
Western Cape Minister Simmers replied about the accuracy of waiting list and its potential influence on land invasion. Efforts had been made to ensure the accuracy of the beneficiary waiting list through a registration and verification drive. The drive was stopped due to the COVID-19 outbreak. Beneficiaries who had registered for housing were required to update their contact information to avoid them missing on housing opportunities. In non-metro areas the beneficiary waiting lists were 95% to 99% accurate.
He informed the Committee that a mobile application that integrated all departments apart from the City of Cape Town had been launched. It would allow beneficiaries to update their data. During the unification of the City some beneficiary data was lost. He mentioned that a small number of people involved in land invasion were on the waiting list but became frustrated due to the long waiting time.
The Western Cape was working on broadening the umbrella of the Finance Linked Individual Subsidy Programme (FLISP) and working with the private sector to expedite the development of housing opportunities for individuals who earn above the quantum envelope for fully subsidised housing. The availability of land suitable for human settlement was an issue and the province had requested the National Department of Transport and Public Works to release land safe for human settlement to accelerate planning. He reiterated the opportunistic nature and criminality of land invasions because the majority of the individuals involved had benefited from housing in other provinces.
Mr Stewart spoke about approaching SAPS for assistance. The DCS experience is that one opens a case afterwards with SAPS for legal purposes. SAPS is more concerned about its role afterwards – only in the aftermath of DCS involvement in the land invasion and in the court matter. Some SAPS police stations are supportive and some are not as they fear the role because not many are up to scratch on land invasions. The Provincial Government had a hotline number which would be made available to communities.
He indicated that the PIE Act was a response to the sporadic incidents of land invasion. Spikes in land invasions occurred before elections. The spike this year began in July. The PIE Act is not seen as a solution to address land invasion but it is there to facilitate a quick response to address this. One must be mindful that we are not only speaking about government-owned land. We are inundated with calls about private land. The impact of the recent judgment is concerning to the private sector and developers as well. So the cry about the PIE Act is not only for government but for the broad sector.
Captain Stephanus replied that there were early warnings about land invasions, and they were issued to various SAPS components with recommendations. There were a vast number of hotspots in the Western Cape. Land invasion was not the only priority for SAPS. There were criteria in place for the operationalisation of early warnings.
When a trespassing docket was registered, preliminary investigation was needed to determine the nature of the crime and the need for an eviction notice. The role of the police was to ensure safety and they would not allow people to enter a volatile area during a protest. According to the law, only SAPS was able to perform control management. Members of Metro Police, 25 in total, have been trained in control management to assist SAPS.
Captain Stephanus responded that police were not allowed to participate in evictions. The hotspots were regarded as Level 3 threat areas through risk calculations. It was the landowner’s responsibility to demarcate and put up signs to indicate that the land was owned to allow for speedy resolution to land invasion.
Western Cape Community Safety response
Mr Coetzee responded that alternative social and inclusive solutions to land invasion needed to be found.
Mr Marias wanted clarity on the role of municipal courts for land invasions. What is the master plan for planning in the Western Cape and the Metropole? He asked if the plan was to bring people closer to job opportunities or to take the job opportunities to where the people currently live. Does a person who illegally occupied land get priority to public housing?
The Chairperson stated that land invasion was occurring in rural areas on land set aside for projects. How is the Department of Human Settlements assisting municipalities to speedily implement projects, thus preventing land invasions?
She asked if beneficiaries were informed of project delays due to land invasion.
Western Cape Minister responded that all municipalities had been issued with guidelines on how beneficiaries of greenfield projects were to be identified. Priority was given to the elderly 60 years or older, persons with a medical-proven disability, those waiting for 15 years or longer and backyard settlers registered on the beneficiary waiting list. Brownfield projects which were established in a community mainly catered to the housing backlog in municipalities.
Ms Jacqueline Samson, Western Cape DHS Head of Department, responded that Western Cape DHS used a data-driven and evidence-based approach to identify beneficiaries. It had responded to land invasion using law enforcement in a reactive manner and by proactively monitoring sites and using intelligence. The development of greenfield projects on vacant public land would speed up the settlement of people. There was expedited completion and allocation of existing units due to pre-empting invasion or destruction of property. In some areas, beneficiaries were allocated nearly complete units that met occupational, health and safety requirements.
Ms Samson explained that the list of selected beneficiaries was advertised through local media for transparency. The non-metropole areas were assisted through stakeholder and resource teams. SAPS resources were used to prevent settlements. The Department was looking into expanding beneficiaries and the affordable housing market. Policy changes had been made to increase the rate of delivery in the affordable housing sector.
Mr Booi affirmed that queue jumping was not condoned. The guidelines highlighted by the Minister Simmers were followed. Developments were being made in the inner city. Project standing committees continually engaged with beneficiaries and communities on the progress of projects. The City of Cape Town was taking social housing seriously
The Chairperson expressed concern about the community dynamics in managing land invasions. She stated the need to work with law abiding citizens to find solutions to land invasions. She thanked Minister Simmers, and all the department officials for attending the meeting.
Mr Marias proposed that the Provincial Parliament should interact with other municipalities in its role of provincial planning to design a human settlement land use plan for the Western Cape.
Mr Van Der Westhuizen recommended the involvement of the Standing Committee on Community Safety in future meetings to address SAPS POP deployment and its role in land invasion.
Mr Herron suggested Western Cape DHS and the City have a presentation on its efforts to increase supply to a range of beneficiaries. He recommended that the City give a presentation on its proposed human settlements plan.
Mr Mackenzie requested information on the processes and conditions for inclusion on the housing list, the management of the database and the communication strategy by the City and the Department.
The Committee adopted the minutes of the 28 July 2020 meeting without amendments.
The meeting was adjourned.
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