Ga-Rankuwa/Mabopane Petition; Breede Valley Petition
Meeting Summary
In a virtual meeting, the Committee received updates from the provincial Departments of Human Settlements of North West and Gauteng, the City of Tshwane (CoT) and the North West Housing Corporation (NWHC), on the Ga-Rankuwa/Mabopane petition. It was also updated by the Department of Human Settlements in the Western Cape and the Breede Valley Municipality on the Breede Valley petition, with a progress report from the national Department of Human Settlements (DHS).
These were not new matters before the Committee. The commitments under discussion had been facilitated by the 6th Parliament’s Portfolio Committee on Human Settlements. The Committee in the 7th Parliament was concerned about the lack of collaboration between the various spheres of government to resolve this old matter. The petition concerned the alleged maladministration of the North West Housing Corporation and the City of Tshwane authorities, which had unlawfully sold and transferred the petitioners' houses. The corrective measures had yet to be carried out, in spite of two investigations, one carried out by the Public Protector in 2018, and the other by the City of Tshwane in 2014.
To guarantee that this issue was settled quickly, the Committee urged increased cooperation between the several branches of government. To bring the case to a definitive conclusion, the parties pledged to follow the revised timetables. The Committee resolved that this matter should be treated as a project, with clear project management and coordination. It also directed that the matters be resolved within six months.
The Committee also expressed concern that, despite numerous meetings, the New Mandela Square 652 project in the Breede Valley Municipality in the Western Cape had not been resolved. The Committee was updated on a petition that the 6th Parliament Committee had received regarding the absence of services in the ward, and top structures that had not yet been built. The Committee directed that regular progress reports on the matter be made.
Meeting report
DHS update on MAWIGA situation
Dr Alec Moemi, Director-General (DG), Department of Human Settlements (DHS), said that the presentation would report on the progress made on the Mabopane, Winterveld and Ga-Rankuwa (MAWIGA) situation. The issue involved the pre-1994 stock of houses that were under the then-Bophuthatswana government, which had handed some of them over to the new dispensation. The role of the new government was to ensure that the occupants were given title deeds and enjoyed security of tenure.
This has largely not been achieved for various reasons. Part of the problem was the location of some of the properties, in the context of the work done by the Municipal Demarcation Board, which allowed for the division, with some of the properties later falling under the Free State, Gauteng and the North West boundaries. As a result, the properties continued to be under the North West Housing Corporation (NWHC) ownership. The DG said that at their last engagement with the outgoing Portfolio Committee in the 6th Parliament, the matter had been dealt with two-fold -- the Committee had received a report on the interventions undertaken, and the extent to which the matters had dragged out because of intervening policy changes in-between, and the continued disputes with the people involved; and secondly, how the housing tribunals in the provinces had dealt with the challenges.
Ms Luanne Werner, Director: Human Settlements Planning, presented the progress report on the petitioners. She said Ms Bongo Sepeng had accepted land portions offered to her by the NWHC on Erf 9059 and Erf 9060, measuring a total of 1 730 square metres in Unit 4, Ga-Rankuwa. The municipality had offered a 50 square metre house, which the petitioner had rejected. During the meeting held on 12 December 2023, in the presence of the Public Protector, the City of Tshwane (CoT) informed Members that they would not proceed with the set timelines until such time petitioners accepted the offered houses, to avoid fruitless and wasteful expenditure. To date, two stands allocated to Ms Sepeng have been zoned as public open spaces, and therefore, the City could not register them. The NWHC had conducted physical verification to check which stands were available.
Ms Marie Ledingoane had accepted land offered to her by the NWHC on Erfs 12049 and 12050, measuring a total of 570 square metres in Mabopane Block X. The two land portions were transferred to the claimant, and she had the title deeds. Some more of the petitioners had accepted the offers made, but the City and the NWHC would provide further updates.
Ms Werner said that the NWHC had opened a case against the CoT for the illegal sale of petitioners’ properties. The City also conducted an internal investigation through the Special Investigating Unit (SIU), but the perpetrators were not prosecuted. Ex-gratia payments of R10 000 had been paid to, and accepted by, petitioners. The Department of Social Development (DSD) facilitated the provision of psycho-social support for the petitioners.
The presentation recommended that the Committee note the progress made, and, in future, to consider inviting all the affected stakeholders in order to ensure full accountability from all of them.
See attached for full presentation
North West DHS update on Ga-Rankuwa/Mabopane petition
Ms Kgomotso Mahlobo, Head of Department (HoD), North West DHS, presented a progress report regarding the Ga-Rankuwa/Mabopane petition. The updates were on the claim made by Mr Ernest Kgasoe. She said that the North West Housing Corporation (NWHC) had released the land, and the municipality had given them challenges by not allowing the development to start. A meeting had been held on 28 October, where the officials had conceded that a portion of land actually belonged to the NWHC, and had given permission for the contractor to submit design for consideration. These had been finalised, and would be submitted to the Moses Kotane Municipality on 1 November.
See attached for full presentation
Gauteng DHS on Ga-Rankuwa/Mabopane petition
Mr Daniel Molokomme, Deputy Director-General (DDG): Sustainable Planning, Gauteng DHS, said they had worked closely with the CoT and the NDHS. The presentation by the national Department had mirrored the work they had also been doing. They had written to the responsible Member of the Mayoral Council (MMC) in Tshwane to request a special dispensation from the MEC.
North West Housing Corporation (NWHC) on Ga-Rankuwa/Mabopane petition
Mr Solly Machaba, Company Secretary, represented the NWHC. He said that the chief executive officer (CEO) was struggling to join the meeting due to network challenges. He aligned himself with what had been presented, and said there was nothing to add from their side.
The Committee Chairperson asked the HoD of the NWDHS if the Company Secretary could represent the CEO, as he was part of the Board.
Ms Mahlobo said that it depended on who the CEO had delegated, and that it may be that other senior managers were not available. The Company Secretary liaised between the Board and the institution.
Mr S Dithebe (ANC) said that his understanding was that executive and non-executive directors would have fiduciary responsibilities, but the CEO was not part of the Board. That he was represented by the Company Secretary did not bring about a clash. He proposed that the DG clarify the matter.
Dr Moemi said his understanding was that the Company Secretary was an employee of the NWHC, and reported directly to the CEO. He was not a member, but served as the Secretariat for the Board. Whether he could represent the CEO or not depended on the issues being discussed, as he was a member of the management team. Although the situation was legally plausible, he carried the view that it was undesirable.
The Chairperson said the matter would be attended to on another platform. The questions were to ensure that when the Committee followed up on issues, there was someone to take accountability for the responses given.
Presentation by the City of Tshwane
Ms Nonto Memela, Group Head, Housing and Human Settlements, said they did not have a separate presentation, as they had sent their input to the national Department, which had presented earlier. She confirmed that as much as some of the properties in question were within Tshwane, their administration had remained with the NWHC. The City was involved in three of the four matters, as outlined.
On the Sepeng matter, the stand allocated needed to be replaced, and the NWHC was busy with that process. A deadline of 30 November had been agreed to for them to revert back to the steering committee.
On the Ledingoane matter, the two stands allocated had been transferred to the family, with the help of the Gauteng Province, in terms of the necessary conversion required for the process. Last week the title deeds were delivered to Ms Ledingoane, and the construction of the top structure would commence. A special dispensation request had been made to the province for the Ledingoane and Sepeng families to be granted a housing subsidy at the level of the military veteran’s subsidy quantum so that work on the top structure could start. They were awaiting that feedback.
She said the Mere matter was complex, but the City was fully involved. Unfortunately, the portion of the land allocated was in a township that had not been proclaimed. The one farm portion had been transferred to Gauteng Provincial Government, and the other was still in process. The transfer could be allocated once the township establishment processes included a township register. They were in constant contact with Mr Mere on progress.
Input by petitioners
Ga-Rankuwa
Mr Ernest Kgasoe gave a background to his claim, and said that the process had started when he 46. Now, at 65 years of age, it meant that he had gone through the process for over 18 years. He was a professional (fine arts and music), with an academic background. He outlined a number of professional projects that he had planned to pursue, but could not because of disturbances caused by the delays of this claim. In 2007, he had been evicted from a house that he had already paid off, and was still struggling as he had not owned a property since. In a meeting with the previous Portfolio Committee, they had been promised their houses would be delivered by May, which had not happened. It was difficult for them to trust the information and deadlines pronounced at this meeting.
He said that as claimants, they were not happy that it was proposed that they be given military veterans' type of housing specs, to which they had agreed solely for the sake of making progress. They had been given ex-gratia payments of R10 000 each, which they were not happy with. They were not clear as to how this amount had been reached, as the suffering of the claimants was not the same. He was not happy with the slow progress of the process, even after meeting with the Portfolio Committee. They had had good relations with the previous Committee, but the challenge was with the people who were supposed to implement its resolutions.
Mabopane
Ms Ledingoane made her presentation in Setswana, her home language, with no translation. She said that the house taken from them had been her mother’s, and it was also paid off. However, one day, an unknown person came and told them to vacate the house, as it now belonged to them. They had attended many meetings over the years, yet no result had come from any of them. She was unemployed, and the process had taken a toll on her family and health. They had been promised a house, but to this day, nothing had materialised of that promise.
Ga-Rankuwa
Mr Michael Mere said his struggle for the title deeds had lasted 20 years, yet he still did not have them. As a business owner, the delay cost him opportunities that could have created jobs for his community. He urged the government to change the necessary laws, to help the voiceless and stop the injustice. He asked for a concrete timeline for the issuance of his title deed so he could finally bring positive change to his community.
Ms Bongo Sepeng could not attend the meeting due to other commitments planned in advance.
Discussion
Ms M Dlamini (EFF) said she sympathised with the petitioners, as they had been stripped of their dignity. When people approached Parliament with their matters, they expected that there would be urgency in the manner they were dealt with. She could tell from the petitioners’ input that to this day, they remained uncertain as to when this would come to an end. She suggested that the Department of Cooperative Governance and Traditional Affairs (COGTA) should also brief the Committee, as there seemed to be challenges of coordination between different spheres of government to resolve the issues. She noted from an earlier presentation, that one municipality had refused to hand over the land, which had caused delays. What was the synergy between the DHS and COGTA, the latter as the coordinator of municipalities? She worried that the Committee had heard only a fraction of the problem, so there needed to be a full briefing on the extent of the challenges, including the databases in provinces. The Department should report on how the contractors were appointed and the result of their work.
Mr L Mphithi (DA) said as Member of the previous Portfolio Committee, he was saddened to learn that no progress had been made. Intergovernmental relations should be improved in the country. It was unfair that the petitioners had attended meetings, with no results. He pleaded with the City of Tshwane to act with speed.
Ms Z Abader (MK) said as a mother, she was truly saddened by what she had heard. Why was there no accountability in all of this? How many other people have suffered the same fate? She also wished to know the reasons for the evictions in the first place. She suggested that it would be better if the Committee went out to meet the petitioners in person.
Mr S Dithebe (ANC) said he echoed the words of his colleagues. He thanked the Chairperson for his leadership, and said he was certain this matter would be resolved. It was unacceptable for the petitioners to return to the same Committee with the same issues. He was heartened to hear that there had been some progress with issuing title deeds, but decisions needed to be implemented. He agreed that that the intergovernmental relations (IGR) framework needed to be strengthened. The Committee needed to work with sister committees like Water and Sanitation, COGTA and others, to work collaboratively and synergise efforts to deal with issues. People needed to be afforded the dignity the Constitution promised them. It was important that when people came to their Parliament, their grievances would be heard. Tangible change was needed in this situation.
Ms B Kegakilwe (ANC) said she did not understand the complexity of Mr Mere’s situation, and wanted clarity. She had also heard that there was a legal challenge between the CoT and the NWHC, but there was no explanation behind it. What were the reasons for the delay in the issuance of the rate clearance certificate in the Mere matter? She hoped that the Committee would ensure the matters were resolved within six months. Where there had been maladministration by officials, consequence management needed to be applied, including for those who had since resigned from their positions. She further sought clarity on the delays with the top structure for Ms Ledingoana, asking how long it took under normal circumstances to get approvals for this. She also wanted to know what the criteria for the ex-gratia payments had been.
Mr T Gamede (MK) said he had observed resistance and arrogance in the relations between provincial and local governments. He agreed that the Committee should be furnished with a database. He also said the military veterans' housing specs were not properly introduced, and it seemed they were being forced on the petitioners.
Mr C Poole (DA) asked who was responsible for monitoring and ensuring timely progress for the petitioners’ complaints. What mechanisms were in place to track that progress, and how would the Department ensure accountability for the unresolved issues? The Department should provide a detailed plan for the implementation. It was clear that there was no collaboration between the stakeholders on this matter.
Responses
The Division Head: Human Settlements Administration, CoT, said the Mere issue was indeed difficult, as were all the cross-border issues, as the administration remained with the NWHC. She said the land was not on the deeds register, and after a long time, they received a response from the Department of Public Works, which confirmed the land was in their name. A long process to track the registration of the farm portions had followed. They had written to the DG at the Department of Infrastructure Development to assist in expediting the matter, which they hoped would happen in the next few weeks. The township establishment was another process that had to be followed. The province had been requested to assist with the clearance certificate.
Mr Molokomme said that the MEC of Human Settlement would consider the requests from the City of Tshwane.
Mr Sello Mogodiri, CEO, NWHC, explained that the ex-gratia payment had been calculated at 33% of the purchase price, which was R29 000. He said it was fair and equitable to the capital amount.
Ms Mahlobo said her department was committed to assisting Mr Kgasoe. As soon as the NWHC made the land available, they had appointed a contractor. Despite this, the municipality was a stumbling block, although the matter had been resolved. The municipality had said it would take six weeks to approve the designs, a matter that was out of their control.
Dr Moemi said the national Department had provided, and would continue to provide, leadership on the matters, even though these were provincial and local government matters. They had, at times, played a mediating role. They had managed to bring all the parties together, and some progress had been registered. They would also accept the responsibility to coordinate the work, including on issues that were before the courts, as there was no necessity for this approach.
The Department said they had to meet the petitioners halfway, which included bringing about the special dispensation, which offered them the highest subsidy reserved for military veterans. He assured the Members that the Minister and the Department had the issues as standing items in meetings with the Minister regularly. The Department tracked the key milestones of the project and had confidence that they would be resolved. The Department would also share an implementation plan with the Members so that all stakeholders could be held accountable. They had gone through a Public Protector process and had committed to implementing the remedial actions.
He apologised to the petitioners for what had happened. It was difficult to pursue the employees who had resigned to hold them accountable because of the country’s labour laws, but this did not negate the criminal element, so the matter was now with the law enforcement agencies to pursue. This would shed light on how the houses were sold, although it was clear that it had been illegal. They had also heard the petitioners’ views on the ex-gratia payment, which was in the NWHC’s purview.
The Chairperson acknowledged the commitment from the DHS. He said this should be treated as a project that needed to be managed meticulously. It was generally agreed that the deadline for resolving all issues was six months. In late November, the Committee would meet the MECs of all the provinces, and he requested that a progress report be tabled at that meeting. He also asked the DG to appoint someone who would coordinate that reporting. In February 2025, there should be another report.
Mr Kgasoe asked for guidance on the issue of damages, such as monetary compensation to the petitioners for loss and suffering. They had tried to get hold of the Minister, but to no avail. Was it a matter they should take up with the courts afterwards, perhaps following evaluations from actuaries? He said they would also like to meet the Minister on the issue.
The Chairperson asked the DG to take that up with the Minister and respond to the petitioners.
Update on the Breede Valley petition
The Chairperson asked the Director-General to comment on the Breede Valley petition situation before the Western Cape presented.
Dr Moemi indicated that the matter had also come before the previous Committee. The provincial department was dealing with it, and the national department continued to support them.
Ms Kahmiela August, Chief Director: Human Settlement Planning, Department of Infrastructure (DOI), Western Cape, led the presentation. She said it had been prepared jointly with the national DHS, as well as the municipality. The Housing Development Agency (HDA), which had been appointed to support the Department in the project, was also engaged.
She outlined the background to the matter. The provincial DHS had released R2 772 000 to fund further feasibility studies and to begin the packaging of Project 3528 Zwelethemba North of Mandela (2000), upgrading of informal settlements programme (UISP) that, when implemented, could allow for the decanting of the New Mandela Project site and in turn facilitate the provision of top structures by opening space in Project 3255 New Mandela Park. The Department had included the development of a master plan to be undertaken by the HDA. She presented the project location and layout. The community had been engaged, with the last of these consultations on 24-25 September.
The presentation also focused with the strategic approach, interventions, challenges and operational actions. It concluded with the project programme and timeframe, and recommended that the Portfolio Committee note the implementation plan and the progress that had been made.
See attached for full presentation
Input by the petitioners
Mr Moses Mangali, Ward 16 Councillor, Breede Valley Municipality, one of the petitioners, said that he had decided to lead the presentation because of frustrations with the slow progress of the project in the municipality. In 2018, a non-governmental organisation (NGO) called Khayamandi was tasked with conducting a feasibility study, but it disappeared after six months without a report to the community on its findings. In 2020, another NGO called PEP completed a feasibility study, and they awaited the province to implement the project, but nothing has happened until now. He clarified that these were different projects -- the upgrading of Mandela North did not affect the New Mandela, which was a serviced plot on which 652 houses were to be built, as approved by the council in 2014. A contractor, Power Construction, had built the houses in Wards 5 and 21, but nothing had been done in Zwelethemba. There had been processes to register beneficiaries, which had given people hope, but nothing had come of it. There were later disputes with the community as there were proposals to remove them from plots for the building to commence.
He told the Committee about the dire conditions in the informal settlement, as there was no water, electricity, or roads. Illegal connections had spread, which brought fire risks to the community.
Discussion
Ms August responded, and confirmed that a feasibility study had been done by PEP. However, the challenge had been that one would find two families on one site, and without decanting, development could not take place. Power Construction did not agree to develop in this manner.
The Chairperson suggested that the matter be treated as a project, as proposed with the previous issue. This would see the provincial department submit a schedule with timelines.
Ms August said that the dates put before the Committee were realistic, and took all the aspects of the project into consideration. All the stakeholders who worked together on it had agreed on the dates, based on the data at hand regarding project readiness.
The DG agreed with her. The settlement had grown unsustainably, and it would not be possible to develop without decanting. The HDA had been brought in to ensure project readiness, which the municipality did not have the capacity to do. There was money set aside for 150 people. He said they anticipated that political intervention would be needed, as they foresaw resistance to decanting by the community. As much as the councillor was a petitioner, he remained a political leader of the same community, who was supposed to facilitate the decanting so development could commence. He assured the Committee that the DHS and stakeholders had planned ahead, including for the outer financial years. The plans presented were the most realistic of the work that needed to be done, including decanting and stopping the unsustainable growth of the informal settlement.
Mr Mangali disputed that there were two families per site, and the previous Committee had been shown this. He said that the contractor who developed at Mandela Square was able to build houses without removing people.
The Chairperson asked that the DHS and province involve Mr Mangali in the process, including the decanting, and for a progress update when the Committee met the MEC.
Ms S Frenchman (NCC) said she was not satisfied with province’s response. Indeed, there had been no instance where there were two families on one plot. The province needed to capture the data correctly. She had with her information on projects in the province, where similar issues had taken place, and she would share this with the Committee. There were some questions on Power Construction, and she proposed that they submit a report on the matter, because they could not make decisions on behalf of officials.
Mr Dithebe said that the City of Cape Town had prided itself in being well-governed, and should be commended where they did well. It was good that they had collaborated with the national Department and a state agency to resolve the issue, which had brought about progress. In his view, what seemed to be lacking was a philosophy that connected the technological elements with ensuring the dignity of the people. He said it was important to embrace fully the values of the Constitution and act in the spirit of the IGR and the District Development Model (DDM).
Mr Poole said that he understood the councillor’s submission as a plea for local leaders to be informed of what was happening in their areas. However, the councillor was also responsible for persuading the community of the need to decant for development to take place. The plan as presented was good.
Ms Frenchman said the Committee should have access to the database to monitor progress, as she had previously suggested.
The Chairperson said it would be important for the councillor to be brought on board, as he also had a committee to assist as a leader when needed. He requested that a report be given to the Committee in three months. He was aware that the previous Committee had visited the area, but because there were new Members, they may have to find the time to go there again. This would be communicated to all stakeholders in due course.
The Committee resolved to consider its minutes in its next meeting.
The meeting was adjourned.
Audio
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Documents
Present
-
Seabi, Mr M A Chairperson
ANC -
Abader, Ms ZS
MK -
Dithebe, Mr SL
ANC -
Dlamini, Ms M
EFF -
Frenchman, Ms S
NCC -
Gamede, Mr T I
MK -
Kegakilwe, Ms BM
ANC -
Magagula, Ms TE
ANC -
Mphithi, Mr L
DA -
Poole, Mr C
DA
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