EDITOR – I have written to the city manager, Sibusiso Sithole regarding the alleged public notice for public participation regarding the use of the Newmarket Stables grounds.
I pointed out that the notice does not comply with the requirements for a public participation process.
The notice as an information statement, is merely a request to council for authorisation of a public participation process for only a long term right of use and not any right to control or right to manage capital assets as the notice states.
Any municipal council authorised public participation process must be advertised as per regulations and be accompanied by a comprehensive information statement, available as hard copies at city offices and pdfs downloadable from the City's website. In addition to this, the quoted regulations and acts are to be made available.
The statement must have information that will facilitate public participation and informed comment.
Information that would facilitate participation and comment include maps, the history and legal standing of Hoy Park Ltd, now Hoy Park Management (Pty) Ltd, the relationship between eThekwini municipality, sports bodies and Hoy Park Management, past agreements and plans, future agreements, undertakings and plans and how the initial rental figure of R4 300 per month for approximately 13 5845ha was arrived at.
Equally important is an indication of just how an entity, if granted a long term right of use hopes to achieve the objectives and hopes of the four-point information statement, whether the municipality would be implicated and liable in the event of all the four points not being achieved within the 34 years of use, the statement of any development on the ERF's after 34 years of use, and the progress of plans to give vacant occupation to the proposed lessee, with timelines and measures being taken to achieve deadlines on said timelines.
Clearly the City Manager has not complied with the various acts and regulations defining a public or community participation process and the notice is invalid. The process should be re-started, starting with another request to the municipal council and the property advertising of the process and dates. The municipality needs to “go back to basics and make sure everything is done correctly,” as the City Manager said on his appointment to eThekwini Municipality.
Mahmood
North Beach
