Question NW967 to the Minister of Transport
05 April 2022 - NW967
Van Minnen, Ms BM to ask the Minister of Transport
With regard to the construction of the N2/T2 bypass through Somerset West to Sir Lowry’s Pass, (a) what are the details of the plans of the SA National Roads Agency Limited (SANRAL) to resettle the people who are currently occupying and living on the SANRAL land, (b) where will the people be relocated and (c) by what date is it envisaged that the people will be resettled?
Reply:
SANRAL and the City of Cape Town (CoCT) signed an Implementation Protocol (IP) in terms of section 35(1) of the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005) ("IRFA"), in Dec 2020. This IP is a codification of the Constitutional obligation placed upon all organs of the state to cooperate with one another when embarking on major projects that will draw on the resources of two or more such organs of the state. It also allows for the exercising of statutory powers by both parties in a coordinated manner.
The IP sets out in detail the role and responsibilities of each party thereto.
In this instance, the statutory function or the provision of a service, depends on the participation of organs of state in different governments who must co-ordinate their actions. This has been done as it would be in the best interest of both the CoCT and SANRAL to construct the N2 through Somerset West, thus positively impacting the economy of Western Cape Province and that of the country. This initiative by SANRAL is accordingly in the national and local public interest.
In brief, the IP requires that SANRAL would design and construct the proposed extension of the 13 km of Greenfields N2, amongst others, whereas the CoCT would be responsible for the procurement of alternative land suitable for housing, take transfer of such alternate land, procure all necessary development rights and to develop such land to enable the main relocations and other relocations of the informal settlements within the N2 Road Reserve to be effected in keeping with the N2 Project Timeline.
The IP established an Intergovernmental Forum (the IgF) which consists of delegated management officials from both SANRAL and the CoCT. Both parties provide the alternating chairperson for the “IgF”. Various work plans have been prepared and adopted by the IgF which set out all the tasks relating to the full spectrum of the IP in support of the N2 Project. There are but two outstanding work plans which are currently being finalised. These work plans, inter alia, are geared and detailed to the extent that the projected timelines for the both the construction of the N2 Project and the relocation of all occupants from the road reserve is achieved. The CoCT has identified various land parcels for the main relocation and is currently finalising the acquisition thereof. Once this process is finalised a more detailed timeline for the main relocation will be submitted to the IgF for approval and adoption.
Once all work plans are approved and adopted by the IgF, each party is bound to these and the timeframes that flow therefrom. In terms of the IP, the IgF is empowered to intervene and seek higher authority and assistance to ensure any risk of “slippages” are addressed before they are realised. In this regard the IgF will also shortly be required to consider and adopt a full “Risk Register” that will guide the whole process under the IP. Further the IP will also be requested to consider, adopt and manage a joint communication strategy that will ensure there is a unified approach to all aspects of communication both with the communities settled in the N2 Road Reserve, the wider community of Somerset West and the greater CoCT Community. .
The work plan for project timelines will be submitted to the next IgF meeting on the 17 May 2022. At this point the provisional timeline is for the main relocation to commence from September 2024 and be concluded by December 2026. This will be in a phased manner allowing the affected section of the N2 Project to commence from July 2025.
Based on the current SANRAL planning and timelines as submitted and already considered by the CoCT, SANRAL must be able to commence with road construction when in possession of “a vacant road reserve “by the fourth quarter of 2024/2025”, as per the two planned construction sections.
It must be emphasized that the conclusion of the land acquisition by the CoCT and the procurement of all development rights to enable the alternative land procured to be developed into integrated townships, is on the “critical path” that will determine the timeline for the N2 Project construction activities. This aspect is complex, and the consents required in terms of the Planning and Environmental Laws are not within the control of SANRAL and the CoCT.