Relocation of illegal dwellers on the railway reserve between Philippi and Langa: stakeholder engagement, with Deputy Minister

Meeting report

The Chairperson indicated that Prasa would present to the Committee first, followed by the CoCT.

The Prasa Acting Board Chairperson stated that all eight major stakeholders who are signatories to the implementation protocol for the relocation project would work to speedily finalise the programme. The presentation, she said, would outline the plans put in place by Prasa and the challenges faced by the other signatories to the implementation protocol which are impeding finalisation of the programme.

Briefing by Prasa on the Central Line Corridor in the WC

Mr Hishaam Emeran, Acting Chief Executive Officer, Prasa, briefed the Committee on recent developments related to the Central Line Corridor in the WC.

The Central Line Corridor closed in November 2019 after the then-Prasa Board cancelled the security contracts the previous month. Following the hard lockdowns announced by the President in 2020, the rail infrastructure along the Corridor experienced extensive damage while illegal occupation increased.

Since then, Prasa has begun implementing a recovery programme, which is split into two phases. Phase one was completed on March 16 of this year, while phase two (from Nyanga and Philipi) is currently underway. However, the programme experienced delays of five months due to safety and security threats on various sites, he said.

Prasa, in an effort to relocate the illegal occupiers of the Central Line Corridor, requested assistance from the DPWI – which it agreed to. Thereafter, the DPWI identified two parcels of land for relocation, one of which is being used by the South African Police Services (SAPS); though the SAPS refused for the land to be used for the relocation. Due to the slow progress in relocation efforts Prasa initiated Operation Bhekela, which seeks to move the illegal occupiers to Stock Road Metrorail temporarily.

(See Presentation)

Briefing by the DPWI on the progress of the implementation plans to relocate illegal dwellers on the railway reserve between Philippi and Langa

Mr Morris Mabinja, Acting Deputy Director-General (DDG): REMS, DPWI, briefed the Committee on the progress of the implementation plans to relocate illegal dwellers on the railway reserve between Philippi and Langa.

He indicated that the DPWI identified two parcels of land, one near Stellenbosch and the other in Cape Town. Both parcels of land are currently being utilsed by the SAPS for either residential purposes or for the training of new police officers and were refused for the relocation of the illegal dwellers. However, it has since found nine parcels of land to relocate the individuals. All nine options, however, were rejected by the City of Cape Town and the local communities.

(See Presentation)

Opening remarks by the Deputy Mayor of the CoCT

Mr Eddie Andrews, Deputy Mayor of the CoCT, explained that the recent stand-off between the Mayor and Minister Kubayi relates to the R111 million unexpectedly transferred into the City coffers. The City then sought clarity on the allocation, particularly the conditions of the 16 informal settlements. Following that, the Mayor informed the Minister that the City had already budgeted for the settlements and that the department considers rendering services to the sites identified for the relocation of the illegal occupiers.

R50 million of the amount was in the process of being returned to the DoHS, while the remaining R61 million will be retained for the relocation efforts, he added. Due to the importance of the rail line to the City, he stressed, has to remove the occupiers.

At least twelve parcels of land were identified, with the Steering Committee – made up of national, provincial and local agencies – agreeing that there were two only viable options. The City hoped that all the unlawful occupiers will agree to move out of the Central Line.

Briefing on the progress made by the CoCT in assisting with the relocation of illegal dwellers settled on the Central Line rail reserve

Deputy Mayor Andrews briefed the Committee on the progress made by the CoCT in assisting with the relocation of illegal dwellers settled on the Central Line rail reserve.

He explained that eight departments/entities are signatories to an implementation protocol that is the basis for the relocation of the illegal occupiers, these are: the CoCT, DoT, DoHS, DPWI, HDA, Prasa, Western Cape (WC) DoHS, WC Transport and Public Works.

He admitted that meetings of the steering committee, the central decision-making structure of the protocol, have often been cancelled due to poor attendance, with the last meeting being held in November 2022.

A Technical Task Team established between all eight signatories identified twelve parcels of land for further assessment. In the end, only two of them were deemed to be viable for the relocation of the illegal occupiers.

(See Presentation)

Briefing by the DoHS on the challenges and progress pertaining to the execution of the Prasa Central Line Relocation Programme

An official from the DoHS briefed the Committee on the challenges and progress pertaining to the execution of the Prasa Central Line Relocation Programme.

In line with the implementation protocol the DoHS, she said, submitted a request to the National Treasury (NT) for an allocation of R111 million through the Informal Settlements Upgrading Partnership Grant. The request was agreed to and the money was then disbursed to the CoCT for the relocation programme.

(See Presentation)

HDA update on the progress of the Central Line Relocation Programme

Mr Phumlani Mbulawa, Regional Manager of the Western Cape HDA Office, provided the Committee with an update on the progress of the Central Line Relocation Programme.

On February 2021 the DPWI indicated that it had identified a portion of land, named Ithemba Labs, that could be utilsed for the relocation of the illegal occupiers. Following that, the HDA made a submission to the CoCT for an urgent request to consider the Emergency Declaration, through Section 68 of the Municipal Planning By-Laws, for the use of Ithemba Labs. This request was rejected by the CoCT.

Following the presentations, the Chairperson opened the floor for discussion.

A submission was then made by Project Management Committee (PMC) to the Steering Committee for the undertaking of a full rezoning application, which is estimated to take eighteen months. This would move the relocation date to February 2025, he outlined.

Discussion

Ms B van Minnen (DA) pointed out that Prasa’s decision to terminate the security of the Central Line in 2019 had created a serious issue in Cape Town, and the interventions seemed not to be making progress. Thereafter, she posed several questions.

One, she asked what action will be taken to ensure that the Central Line is cleared for resumption. Two, she asked what was being done to resolve the issues that have led to the delays reported by Prasa and the CoCT. Three, she asked what steps Prasa will take to prevent future incursions on the Central Line.

Four, she asked why there was a refusal to rollover the R50 million that was returned to the DoHS.

Five, she asked the DPWI if it could not identify separate sites for the relocation programme.

Six, she asked where the communities would be relocated to.

Mr Mabinja indicated that the DPWI did not state that it did not support the rollover, rather, it differed with the City on which land sites the money should be used for. Initially, the DPWI requested R111 million for sixteen informal settlements in Khayelitsha and the Prasa Central Line.

An official from the CoCT, on what other sites were available, explained that Prasa identifies land based on the criteria provided by the clients who had made a request. In this case, it was provided with a 10-20km radius; however, most of the properties situated in the radius house members of the South African National Defence Force (SANDF) and SAPS.

Mr Emeran, responding to the comment on Prasa’s decision to terminate security services in and around the Central Line, said that Prasa is looking to implement short and long-term security interventions. Short-term interventions centre around the deployment of soldiers on the ground. Long term, Prasa plans to wall and fence off the entire area to prevent reinvasion of the corridors.

An official from the CoCT, on why there was a refusal to grant the rollover, mentioned that on May 2022 when the issue of the informal settlements was brought to the City, the City informed the DoHS that it had made provision for a budget in the 2022/23 financial year to provide services to the sixteen informal settlements during a presentation in a separate meeting with the DoHS.

In the first three months of this year the City provided feedback that it was providing services to ten of the informal settlements, with the remaining six to be serviced by the end of the year, she said. The department then aired its grievances on the quality of services, such as the shortage of taps. In response, the City said that where services are not present it would make finances available.

When the City of Cape Town received the gazette on the 29th of March and the final confirmation from the NT, the R111 million was transferred to the City the following day. On the 4th of April the City received a letter from the DoHS which highlighted how the money should be spent, she continued. The Executive Mayor responded to the Minister indicating that the sixteen informal settlements mentioned in the letter were already covered. As such, the City requested to utilise the funding for the upgrading of other identified informal settlements.

In its request for a rollover the City pointed out that the funds would be used for these purposes, she said.

R50 million was sent back to the NT so that the acquisition of the land parcel could be undertaken by the HDA, she added.

Mr Mbulawa told the Committee that the HDA has pushed the DPWI to revisit the discussions on the release of Farmland 981, which is 136 hectares – of which the HDA is requesting 80. Access to such land will resolve the housing issues in the entire southern corridor, he added.

Mr S Somyo (ANC) asked what the response of the CoCT was to the resettlement of the people currently residing in the informal settlements, in line with Section 68. Further to that, he asked what commitments the City would make to realise the acquisition of the identified parcels of land. The City, he felt, was delaying the resettlement and asked what the reasons for this were.

In the presentation, it was noted that some committee meetings were not sitting because of non-attendance. He asked why the officials failed to attend the meetings, with the last sitting occurring on the 23rd of March 2023.

The technical workstream responsibility, of land and planning, has been delegated to the CoCT, and failure to provide the land and housing for the informal settlements lay at its hand, he outlined.

Then he asked if there was a programme to actively consult the required stakeholders and what the outcomes of these were.

Referring to the R111 million provided to the City, he asked the DoHS if the R50 million returned to it would be used to support housing parcel packages, and if all signatories to the implementation protocol were committed to providing the packages. Greater initiatives had to be made to ensure that those communities are resettled.

Deputy Mayor Andrews mentioned that the City will provide all the correspondence between the Mayor and the Minister to the Committee.

The City, he outlined, was committed to ensuring that all those residing in the identified informal settlements will be relocated as soon as possible. At present, the City is engaging on the ground with all interested and affected stakeholders on the progress of the relocation. However, allegations made by those in the informal settlements disrupted efforts to effect Section 68 and remove the unlawful occupiers.

All steps taken by the City have been in line with the law, he stressed, and this has contributed to the delays.

Referring to the question on the two workstreams of land identification and spatial planning, he indicated that twelve parcels of land were identified initially and the most viable options were highlighted in the presentation. The Spatial Planning Committee in the City remains committed to ensuring that the process is finalised.

He further told the Committee that the relocation did not meet the Section 68 criteria of being deemed an emergency – which has contributed the most to the delay of the process. The provisions only allow for the suspension of land use for a period of 180 days. As such, a formal application has to be submitted to acquire land, which has been done, but a rezoning application is yet to be submitted. Until then, the City cannot continue with the process.

Further to that, the City currently is focusing on the large number of unlawful settlements, 858, which developed after the Covid-19 pandemic. To respond to the unlawful occupiers at the Central Line, the City will have to obtain additional funding. Doing so is important, because of the economic impact the non-functioning of the line has had on communities in Khayelitsha and Mitchells Plain.

The farmland mentioned by the HDA is presently being used for the traditional initiation of Xhosa boys. As a result, discussions need to be had on where to best accommodate them.

Efforts will be placed to finalise the rezoning application going forward, he assured the Committee.

Mr Mabinja, responding to the question on the IPC not meeting, mentioned that the Steering Committee is chaired by the Director-General (DG) of the DoHS and DoT. It is responsible for processing issues of the PMC – the PMC has been meeting regularly. The DPWI, he committed, will engage with both DGs to organise another sitting for the Steering Committee.

Touching on the question related to the R50 million rollover, he stated that the R111 million was sent to the City of Cape Town. R61 million of that R111 million was spent by the City, leaving the R50 million which is to be sent back to the NT. The DPWI, he remarked, believed that the R50 million should have been ring-fenced to use for the resettlement of the unlawful occupiers.

The Chairperson said that the responses provided by the DPWI and the City of Cape Town did not respond to the questions on the relocation of the individuals living on the railway lines. He asked both to stop engaging in semantics.

Mr M Manyi (EFF) indicated that he would first make comments and pose questions to Prasa. One, he asked Prasa to assure Members that the occupiers will not be relocated to far-flung areas. Moreover, he asked if Prasa has been engaging with stakeholders involved in the transport industry.

He was pleased with Prasa’s announcement that it will be erecting walls and fences around the Central Line to prevent further occupation and crime. However, he admitted to being frustrated by the lack of political will to effect the relocation. All the parties involved in the matter should sit down and come to a resolution on the matter.

He felt that the DoHS, DPWI and CoCT were displaying racism in not addressing the matter, particularly since the affected areas, Nyanga, Mitchells Plain and Khayelitsha, mainly house black people. He asked why the Minister of Transport has not yet resolved the problem, especially given that the NT has made money available.

Thereafter, he called for the Minister of the DPWI to accelerate efforts to expropriate land, in line with the Constitution, to resettle the occupiers.

He argued that the CoCT did not use the R61 million it received from the NT properly. The money was to be used for the relocation of unlawful occupiers near or on the Prasa Central Line, not for the upgrading of other informal settlements. As such, he felt that the expenditure be flagged as irregular and unauthorised.

Many of the comments made by the City, particularly those relating to some of the land being used for SAPS and the SANDF, were excuses, he said. The land could be made available for the people to be relocated. All land can be expropriated if it is in the public interest, he pointed out. Given that, he wondered why the DWPI had not yet done so.

Deputy Mayor Andrews clarified that the R61 million had not yet been spent.

In his recent letter, the Mayor asked the Minister of the DoHS to provide clarity, by the 19th of June this year, on whether the R50 million could be used to upgrade the other settlements the City identified. The Mayor further indicated that if no response was received on the 19th of June, the City will table the funds at a special council meeting the following day to be rolled over, as per the Financial Management Act.

The Chairperson asked if the decision for the rollover was taken at the City Council Sitting.

Deputy Mayor Andrews confirmed that was the case.

An official from the DPWIl confirmed that the DPWI does expropriate land where there is a need. As this had been a willing buyer willing seller transaction the DPWI could not involve itself.

She agreed that the DPWI could have relocated SAPS officials to another area, but other options were explored. However, due to several issues, the DPWI will have to hold discussions with the SAPS on using them for phase two of the programme.

Mr Emeran explained that Prasa identified a parcel of land adjacent to Stock Road Station.

Mr Mbulawa said that the HDA made provision for the transportation of relocated school children and workers.

Mr A Lees (DA) said that trying to allocate blame was not necessary as it will not assist in finalising the competition of the programme. What was important is for the process to be completed, in line with the law. However, he felt that the matter should have been resolved by the previous CEO of Prasa, the Board and the former Minister of the DoT. None of the officials in either the department or Prasa have been held to account whilst those living in shacks around the Central Line have not been provided adequate housing.

He encouraged all the parties to resolve their issues so that the people can be relocated soon.

Thereafter, he asked why the DoHS, the HDA and the City of Cape Town were not looking to situate the people in high-density housing close to work opportunities and the transport network. Moreover, he asked why a long-term solution had not been provided in the presentations.

Instead of erecting fencing and walling worth R1.5 billion to prevent future illegal occupation, Prasa should rather look to have the train system running at full capacity, he advised. With an increase in the number of trains running, more people will use the services, thus increasing revenues. Furthermore, it will help secure the rail network.

He asked if Transnet is involved in the process as it had not been listed as a signatory of the implementation protocol. If not, had there been an attempt to involve it?

Mr Emeran agreed that Prasa has to get the system running at full capacity. Doing so, he believed, would act as a deterrent for future illegal occupiers if only the trans were running for 24 hours – which they will not. As such, security measures will have to be put in place. Prasa was aware that the R1.5 billion cost is high for the erection of the walls and fences, however, it was necessary, he said. In high-risk areas, concrete walling will be placed, whilst in low-risk areas military-grade fencing will be erected.

He also agreed that the parties involved should resolve the challenges and work to complete the programme speedily. Short-term solutions are currently being implemented, one of which was the recent appointment of two contractors for the building of temporary shelters.

Mr B Hadebe (ANC) said that he was disappointed that the parcels of land for relocation, and the timeframe for when the programme will be completed, were not provided to the Committee. The implementation protocol signed, he pointed out, states that parties are expected to facilitate the resettlement of the individuals residing on the Prasa corridor. Moreover, he stressed the City should inform the DoHS that it is yet to receive a rezoning application.

He proposed that the Committee allow for the CoCT and the HDA to finalise a programme of action in the next two weeks and present it afterwards. With one racial group not providing housing to the other, the  Group Areas Act was being allowed to persist, felt. The integration of communities is vital to the realisation of national unity, and if required, expropriation without compensation should occur. 

Touching on the DPWI’s earlier remark that it only expropriated land where there is a need, he asked if it had not identified a need in this case, given the importance of the Central Line. Political will was needed for the matter to be concluded soon, he stressed.

Deputy Mayor Andrews indicated that the local districts have guided the HDA officials on what is required as part of the rezoning application. He agreed that South Africa belonged to all and called for an emergency application to be considered.

Mr Hadebe asked if the City requested for the application to be submitted, and if so, why it had not submitted it.

Deputy Mayor Andrews said that the City has made a request for the application to be submitted.

Mr Mbulawa mentioned that the HDA has conducted feasibility studies on a number of land parcels. Certain communities on the identified land mentioned that they would not welcome those planned to be relocated, however, these concerns have since been resolved.

One of the challenges related to the rezoning application is whether it should be done as an emergency or not. If it is done through the usual processes it will take eighteen months to complete. As such, the HDA believes that Themba Labs should be used for the relocation.

Ms T Siweya (ANC) suggested that the City should advise the HDA on what should be done to speedily finalise the rezoning application.

She believed that if the individuals had invaded a historically white area the City officials would have acted quickly to remove them.

Mr Andrews said that he did not agree with that comment. He then explained that the City has not resolved the matter yet because it is waiting to reach a consensus with the DoHS and DPWI on what parcel of land should be used for the relocation; two, the type of application that should be done; and three, when it will receive the application. All parties had to agree that Section 68 should not apply in this case and that a proper relocation, with the building of adequate housing, should be done.

The Chairperson indicated that the previous day he made it clear to Prasa that it was not in partnership with the Committee. Instead, the Committee only agreed with the entity that the Central Line should re-open.

It was clear that the departments, Prasa and the City were not cooperating in the matter, with all sides laying the blame on the other, he noted. This, he found, was the most unprofessional relationship in government. No solutions had been identified and through their disagreements, they have failed in implementing the protocol, he stressed.

The majority of the people continue to suffer economic hardship, a lot of which could be alleviated by the reopening of the railways, he felt. Also, their reopening will assist in reducing the traffic in the City. As such, it is in everybody’s interest to relocate the unlawful occupiers. With money being availed by the NT, there was no excuse for the matter to have not been concluded.

He informed all parties that the Committee will make a special application to the House Speaker for the Committee to sit with all parties present during the recess period. Furthermore, he outlined that they will be expected to meet with the Committee once a month until the matter is resolved, starting from the 27th of July.

The behaviour shown by all of them was unacceptable and could lead to social unrest, he stressed.

Mr Manyi called on the Acting DG of the DoHS to initiate investigations of unauthorised expenditure by the CoCT for the R111 million allocation. He asked why the R50 million had been returned to the NT. Moreover, he asked what the R61 million was used for.

He also repeated his call for the DPWI to urgently expropriate the identified land for the relocation of the illegal occupiers. In this case, golf courses should be considered for expropriation, he said.

He recommended that the SAPS premises be moved from the land near the City Centre.

Then he stressed that local by-laws cannot and will not undermine national legislation, especially given that South Africa is a unitary state.

Mr Somyo noted that the City’s explanation of what powers Section 68 gave it was incorrect. Section 68(1) provided the City with the power to act on a rezoning application. He pleaded with the City to act with speed on this matter to give dignity to the unlawful occupiers and reopen the Central Line. All of its actions going forward should remain within the law, he added.

Mr Hadebe supported the Chairperson’s proposed way forward. Furthermore, he made additional suggestions. One, the HDA, in line with the protocol, should submit an implementation plan to all the signatories which must include the funding required. Two, all stakeholders should provide a report on what they have done to resolve the challenges. Three, the City should inform the Committee on which parcels of land it has identified for the programme and the details of how the occupiers will be moved there. Four, the CoCT accounting officer should be present at the next meeting.

The Chairperson felt that all signatories had not utilised the dispute mechanism included in the protocol.

Mr Andrews mentioned that earlier it was stated that twelve parcels of land were identified and these were presented during the meeting.

Regarding the question on what the R61 million was used for, he stated that in the letter to the Minister of the DoHS, the Mayor explained what the funds would be used for.

An official from the CoCT remarked that the City viewed Section 68 as a mechanism to be used when there is a natural emergency requiring the relocation of a community to another site which is not zoned for residential purposes. In other words, the mechanism allows the City to waive the site where they are to be relocated, allowing them to build their homes. By utilising Section 68, the City would only be able to keep the community on the site for ninety days, which it believed not to be appropriate. As such, it did not use Section 68.

She disputed the earlier claim that a normal rezoning application would take eighteen months, rather, in an emergency situation the City is permitted to speed up the re-zoning application, which will take between three and nine months.

The Chairperson accepted the explanation but requested that all parties come to a solution as soon as possible.

Mr Mabinja agreed with the Chairperson that all parties should utilse the dispute mechanism contained in the implementation protocol to resolve their differences.

The Acting Chairperson of the Prasa Board said that Prasa was committed to ensuring that all the objectives of the implementation protocol are followed by all the signatories.

Mr Lisa Mangcu, Deputy Minister of Transport, agreed with the Committee that everything had to be done to implement the objectives of the protocol to provide the unlawful occupiers with the dignity that they deserve.

The Chairperson thanked all the officials present for their input during the meeting.

The meeting was adjourned.