Metro and residents lock horns over legitimacy of Bardene boom gate

The Boksburg Advertiser recently reported that the City of Ekurhuleni declared the newly erected boom gate on Post Office Avenue, Bardene, illegal, adding legal action would be taken against those responsible for establishing the boom.
However, those behind the community enclosure project insist that their boom gate is legal. They blame the doubts about its legitimacy on maladministration in the city’s record keeping.

As part of the Advertiser’s renewed bid to get to the bottom of the issue, we asked further questions of the involved parties.
After initially missing the deadline to have his comment featured in our previous article, the resident accused of being the brain behind the project Clifford Gilpin subsequently came forward to ‘set the record straight’.

According to Gilpin, the council approved the boom gate in 2008.
He pointed out this is part of the suburb’s enclosure project, initiated by the Bardene Two Homeowners’ Association, which was registered way before 2008.
However, the lack of funds meant they put the project on hold until they could raise enough money.

“This is not an overnight thing that we just woke up one day and decided to do. It has been in the pipeline for years.
“We have kept all the paperwork from the proposed restriction. This included traffic surveys, compliance documents that we handed in, which included our impact studies, application and the subsequent approval letter, signed by the then city manager,” explained Gilpin.
“From our perspective, we have done nothing illegal. We applied, and they approved us.
“We followed due process to finish what we started years ago; as simple as that.
“The municipality is more than welcome to do its investigation. We will accept their decision, but they need to get their ducks in a row.”

Gilpin brought with him bundles of documents he said contained the information to prove that they followed the due process and the city-issued approval.
He, however, declined to allow us to make a copy of the letter of approval or closely scrutinise the documents in question. Instead, he said we should request these from the city.
Lapsed
Despite Gilpin’s claims, the city maintains its stance and refuses to withdraw its intention to unleash by-law enforcement against those involved.

CoE spokesperson Zweli Dlamini reiterated they deemed the enclosure illegal because the city’s records show that the original Bardene enclosure permit lapsed on December 2, 2011 – three and a half years after they approved it on June 18, 2008.
“In terms of Section 46(1) of the Rationalisation of Local Government Affairs Act, the authorisation to restrict access is not valid for longer than two years.
“Our records show that on September 29, 2011, the chairperson of the steering committee of the then Bardene Two Homeowners Association was informed that the restriction would lapse on December 2, 2011, and to submit a renewal application before that date.
“The city received no further application. As a result, the restriction lapsed and has been illegal ever since,” explained Dlamini.
Dlamini added the city is instituting legal action.
“This implies inspections by the relevant division and then handing the matter over to the legal department for serving the necessary notices. The law enforcement processes may result in removing the illegal gates and palisades.”
Missing
There were fears among residents that as the years passed, the correct documents to prove the legitimacy of the boom gate may have gone missing from the municipal offices.
Responding to this speculation, Dlamini said records show that despite being timeously informed to submit a renewal application, the then steering committee ‘failed’ to make the necessary submission.

“We doubt that the correct documents may have gone missing. Why would the residents not have followed up on a renewal application in more than 10 years, and where is the proof that the council ever received such an application?
“Surely, the residents would have kept any receipts and proof of payment of the application,” stated Dlamini.

The Advertiser asked Gilpin whether he would take responsibility for the money invested should the metro decide to dismantle the gate.
He responded they could not individually hold him responsible for a community project, which was voluntarily done through a registered residents’ association for 217 households.
“Nobody was forced to contribute or told that if they don’t pay, they would not get access. The council approved the project; so there is no risk involved here.”

Currently (valid until 30 June 2023), the fee that residents should pay as an application fee for a boom gate is R3 399.71.
Allegations
The first chapter in the saga of the ‘illegal’ boom gate unfolded after concerned residents who asked not to be named contacted the Advertiser for help to establish the legitimacy of the boom.
They alleged the plan to erect the boom was ‘hatched’ and driven by one family on behalf of the community, without wide consultations. They also alleged the family used some tactics to ‘systematically compel’ people to contribute money.
They also feared that the closure would hinder the free use of public roads, particularly for residents who have not contributed, workers, deliveries and visitors.
Refuted
Gilpin refuted all these claims, saying his role in this project was to relay information, including giving feedback and updates on the progress of the project.

“I did this without directly or indirectly forcing a single person to contribute. “We made suggestions, and they received buy-in from the majority of the residents. Of the total 217 households, more than 200 are for the enclosure.”
He said they fully consulted residents during the regular meetings held in the area over the past years.

“From the beginning, we made it clear that nobody would be excluded or access restricted to the community. Not even street sweepers are restricted access to that area.
“I know it’s impossible to try to keep everybody happy. That is why the boom gate has taken so long to erect because we had to look at all the possible perfect solutions to keep or make everybody happy,” said Gilpin.

He pointed out that the project, started by the then committee to enclose the entire area by palisade and boom gates, initially ran out of funds.
“The current committee said to the community we required R150 000 to finish what we started. It was not a mandatory contribution and not forced upon anybody.”
Gilpin said the contributions went to a trust account that belongs to the association, not to an individual.
“This is not a one-man show. This is a project done by a community and has simply done what it is legally entitled to have done.”
Unconvinced
“We are still not convinced the boom is legal because we understand these things require that you renew them from time to time. We doubt that there had been any renewal applications made since 2011.
“All we know is we were all of a sudden bombarded with messages posted by Clifford on our groups, telling us that we need to contribute money for the boom,” said the residents.

The residents pointed out one message that had some of the community members freak out after it was posted on the WhatsApp group: Those who still need to contribute as indicated, please do so as we really would like the project up and running by the end of this month and have everyone included. It has been decided that your number plate won’t be added to the system of the service provider if you have not contributed as indicated.

Gilpin, however, told the Advertiser that they later sent a new statement, reassuring concerned residents that the decision, which he now says was just a suggestion, would not apply.
Crime
Gilpin explained the boom gate system, equipped with robotic technology that doesn’t require human intervention, monitors who is moving in and out of the community for safety and security reasons.

“There are two options; anybody at any stage goes there puts a hand palm in front of the sensor, the system takes a picture and then it opens.
“For convenience, we asked residents to provide their vehicle information for the system to recognise their vehicles and open for them without having to use their hands.”

Effective

Gilpin said he believes boom gates are very effective in reducing crime.
“I’m commenting on behalf of the community as nothing more than residents living in the area who are for the enclosure because it restricts and regulates my family’s safety and security.”

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