Metro justifies spending R12.1-m on ‘unsafe’ land

The metro recently bought the land in Marlands Extension Five in Germiston, to accommodate the residents of Angelo who are facing eviction.

This move, however, has resulted in many individuals and organisations questioning the metro’s decision to spend so much money on land deemed to be dangerous.

ALSO READ: Metro accused of wasting millions by purchasing unsafe land

Despite considerable opposition to the proposal by the residents of Germiston and Angelo informal settlement as well as the DA, the metro remains adamant its plan to move the community to their new homes will be fulfilled.

The DA tabled two separate urgent motions during the March city council meeting on the purchasing of the land and the relocation of the Angelo community to unsafe land.

The opposition party described the purchase of the land as “irregular spending” and called for an urgent investigation into what they called “an inflated price paid for Stand 87, Portion 230, Driefontein.”

The land was, according to the DA, originally bought by Living Africa (Pty) Ltd from Crown Gold Recoveries (Pty) Ltd for R112 074. It was then directly sold to the metro in the space of 19 days, but the transfer took place on the same day as the sale, for R12.1-m.

The motions proposed by the DA were, however, defeated by the MMC for Human Settlements Lesiba Mpya with an environmental study – and the municipality went ahead with the plan to buy the land to relocate the community.

According to the Ekurhuleni metro spokesperson, Themba Gadebe, the acquisitions went ahead on the basis of a market valuation of the property per legal requirements which was then done by a registered valuer at the time of transaction.

“Living Africa made the City of Ekurhuleni an offer for the land on October 21, 2015, and offered the land for R16,5 million.

“At the time the land was valued at R28 million by Living Africa. The city did its own valuation which determined the value to be R22 million.

“The municipality then started its negotiations at a value of R7,7 million which was not acceptable to the owner and negotiations started, led by the Property Acquisition Task Team that closed the deal with both parties accepting a sale price of R12,1 million subject to Ekurhuleni Council approval,” explained Gadebe.

“The purchase price in relation to the extent of the property is 22 hectares, which was considered fair for the property.

With regards to the environmental issues and the portion of the land that is uninhabitable,” Gadebe said.

It should be noted that the land parcel is suitable for human settlement because in 2014, Living Africa began the process of establishing a residential township (Germiston Extension 46) on the property by submitting a town planning application – based on the development framework – to the City of Ekurhuleni.

“An objection to the town planning application was received and the application was accordingly referred to the town planning tribunal and subsequently approved.

“It is common that some parcels of the land may have constraints which will be excluded from the development of the townships, and these may include wetland, servitude, mining shafts and others.

“These are taken care of during the development of the township.

Apparently the land was bought from Living Africa in a very short space of time after the company bought it from an old mine company for less than R150 000.

When asked if the metro was aware of that and would take actions to recoup some of the money, Gadebe said no action would be taken because the metro is not aware of such and an agreement with Living Africa for purchase of the land, was legally valid and binding.

Taking into account the fact that the land in question has sinkholes and a mine shaft, Gadebe said the constraints such as wetland, servitude and mining shafts would be taken care of during the development of the township because the safety of the occupants is a priority for the city.

The people of Angelo were accommodated due to emergency situation, the re-location of the Angelo informal settlement is done in accordance to the prescripts of the National Housing Code Emergency Housing assistance programme chapter

“Rational of application of the chapter provides for relocation of people that ‘are evicted or threatened with imminent eviction from the land or unsafe buildings, or situations where pro-active steps ought to be taken to forestall such consequences.’

“In this regard, given the imminent eviction of the Angelo Hotel Informal Settlements following a court order, the item was presented to the Mayoral Committee on May 6, 2015.

“Following the court order there was apprehension from the community. A series of engagements took place to assure the residents that Council will ensure they are not evicted without securing alternative accommodation,” said Gadebe.

• Geotechnical study was conducted

The geotechnical study was conducted by Bear Geo-Consulting in August 2012, report J11-036/1

The following summaries of recommendations were made:

1. Zone A is characterised by shallow mining and the presence of shafts or portions of shafts close to surface. It is recommended that no development take place in this portion of the site and that no buildings or structures straddle the boundaries of this zone.

Any sinkholes that are currently open or develop must be backfilled. Any that are outside of the area to be developed but which may be accessible to the public, should either be backfilled or fenced off in such a manner that they cannot be accessed.

There are no structures on this zone and the area with possible sinkholes has been fenced off.

2. Zone B. This zone has been mined at depths of between 30 and 200 m below surface. Foundations for single and double storey structures can be placed on medium dense gravel at a depth of 0, 8 m utilising a bearing pressure not exceeding 150 kPa. If greater bearing pressures are required, foundations can be placed on dense residual soils at a depth of approximately 2, 0 m utilizing a bearing pressure not exceeding 250 kPa.

The structures are temporary; there are no depth foundations, just 100mm concrete slabs and light steel structures.

3. Zone C. In accordance with the recommendations made by Stacey and Bakker, no restriction should be placed on this zone. Foundations can be placed on dense residual soils or better at a depth of 0, 8 m utilising a bearing pressure not exceeding 250 kPa.

This is the area where most structures are placed.

• Environmental study

The Environmental Impact Assessment report was compiled and submitted to GDARD, and according to Dr. Gouws, the environmental professional who compiled the report, there were no listed activities, and thus the EIA is not required.

• Township Establishment

The application for the township was submitted to City Planning Germiston by the previous land owner. The layout of the township took into consideration the geotechnical constraints. This application had objections and was heard at Tribunal where it was approved.