Online Exclusive: National Assembly replies to questions posed on Angelo informal settlement move
The following responses were received for questions posed in the National Assembly by Mike Waters, MP DA constituency head: Lethabong.
Mike Waters, MP DA constituency head: Lethabong submitted a number of questions to the National Assembly for written replies with regard to the relocation of the Angelo informal settlement to Germiston.
Question:
To ask the Minister of Cooperative Governance and Traditional Affairs:
Whether his department intends to investigate the price of R12.1-million that the Ekurhuleni Metropolitan Municipality (EMM) paid for purchasing Farm 87 Portion 230 Driefontein from Living Africa Development (Pty) Ltd, which paid a mere R112 074 for the specified land. If not, why not? If so, what are the relevant details?
Reply:
The Gauteng Department of Human Settlements responded that the department does not intend to investigate the price of R12.1-m that the EMM paid for purchasing Farm 87 Portion 230 Driefontein from Living Africa Development (Pty) Ltd. The department indicated that all acquisitions were done from the basis of a market valuation based on the value of the property as per legal requirements, which are done by a registered valuer to determine the value at the time of the transaction.
According to the department, Living Africa made EMM an offer for the land on October 21, 2015. They offered the land to the EMM for R16.5-m and, at the time, the land was valued at R28-m, as per the Living Africa valuation.
The EMM further conducted its own valuation which determined the value at R22-m and the municipality started its negotiations at a value of R7.7-m, which was not acceptable to the owner.
The Property Acquisition Task Team led the negotiations that closed the deal with both parties accepting a sale price of R12.1-m, subject to EMM approval.
According to the Gauteng Department of Human Settlements, this transaction is, therefore, deemed to be above board and was done with council’s best interest at heart.
Question:
To ask the Minister of Cooperative Governance and Traditional Affairs:
Whether any public participation processes took place with the (a) residents of the Angelo informal settlement in the EMM and (b) residents of surrounding communities before a decision was taken to move the Angelo residents to Farm 87 Portion 230 Driefontein. If not, in each case, why not? If so, (i) what was the nature of each public participation process, (ii) on what date did each take place and (iii) how many residents participated in each process?
Reply:
The EMM, through the Gauteng Department of Human Settlements, indicates that (a) public participation processes were not undertaken with the residents of the Angelo informal settlement in the EMM and (b) public participation processes were not undertaken with the residents of surrounding communities before a decision was taken to move the Angelo residents to Farm 87 Portion 230 Driefontein.
According to the Gauteng Department of Human Settlements, the reason for public participation not being conducted with the residents of Angelo informal settlement was that the meeting scheduled for February 4, 2017, for public participation processes with the residents did not materialise due to unrest in the area and the councillor requested the meeting to be postponed.
Question:
To ask the Minister of Cooperative Governance and Traditional Affairs:
Whether, with reference to the decision of the EMM to move residents from the Angelo informal settlement to Farm 87 Portion 230 Driefontein, the municipality has addressed the issue of illegal miners on the specified property. If so, what (a) are the relevant details and (b) what action has the specified municipality taken to ensure that the lives of the residents are not put in danger?
Reply:
The Gauteng Department of Human Settlements indicated that:
(a) Illegal miners were not identified, however, if and when identified, the Ekurhuleni Metro Police Department and the South African Police Service will be engaged.
(b) The department has not provided information on the action taken to ensure that the lives of the residents are not put in danger.
Question:
To ask the Minister of Cooperative Governance and Traditional Affairs:
With regard to the decision of the EMM to move residents from the Angelo informal settlement to Farm 87 Portion 230 Driefontein, (a) what type of structures are to be built on the specified property, (b) what is the total number of structures that will be built, (c) for how long are the residents expected to live on the specified property and (d) will the property be fenced off in order to protect the residents from the (i) railway line, (ii) mineshaft and (iii) sinkhole?
How does the municipality intend to provide (a) sanitation and water, (b) refuse removal and (c) electricity services at the specified property?
Reply:
According to the information received from the Gauteng Department of Human Settlements, the following responses were provided:
(a) The type of structures to be built are temporary structures, L-shaped IBR sheeting structures with insulation inside and 100mm slab for flooring.
(b) A total number of 565 structures will be built.
(c) The residents will be there for a period of two to three years if there are no delays on the Comet Village Housing Project. This is where permanent housing will be allocated for the residents.
(d) Yes, the property will be fenced off to protect the residents from the (i) railway line, (ii) mineshaft and (iii) sinkhole.
Interim services will be provided in line with council service standards for the informal settlements in that:
(a) Water standpipes and chemical toilets will be provided.
(b) Refuse removal will be done once a week.
(c) Electricity services will be provided, subject to budget availability.
Question:
To ask the Minister of Cooperative Governance and Traditional Affairs:
Whether the EMM conducted any (a) environmental impact assessment studies and/or (b) geographical studies prior to its decision to move residents from the Angelo informal settlement to Farm 87 Portion 230 Driefontein. If not, in each case, why not? If so, (i) on which dates were the specified studies concluded and (ii) what were the outcomes in each case?
On what date(s) did the council become aware of (a) an open mineshaft and (b) the beginning of a sinkhole on the specified property?
Why did the council not (a) stop the construction of foundations and (b) conduct the necessary studies when it became aware of the mineshaft and sinkhole?
Whether the council will reassure the residents that neither the (a) mineshaft nor (b) sinkhole pose a threat to them?
Reply:
It is important to indicate that the Department of Cooperative Governance and Traditional Affairs referred the questions to the Department of Human Settlements, as the sector is responsible for the matters indicated in the questions.
The Provincial Department of Human Settlements, through the National Department of Human Settlements, provided the information in response to the questions.
(1) According to the report received from the Gauteng Provincial Department of Human Settlement, it is indicated that the studies were undertaken to determine the suitability of the land for human habitation.
The studies conducted are the following: (a) Environmental Impact Assessment, (b) geotechnical studies and Township Establishment Application to determine the suitability of the land for human habitation on farm 87 Portion 230 Driefontein.
(i) The specified studies were concluded on the following dates: Geotechnical studies were concluded and a final report compiled in August 2012, the Environmental Impact Assessment was concluded in May 2016, the assessment has not been approved and the Township Establishment Application was concluded in October 2014, and the application has not been approved.
(ii) The outcomes of the studies were as follows:
Geotechnical Studies – the land was categorised into three portions for analysis of its development prospects. Zone A has a mining depth less than 30m, this is excluded from the developable area. Zone B is characterised by shallow undermining where the depth rise is more than 30m, the land is developable with restrictions. Zone C has no undermining at all.
Township Establishment Application – the application took the development constraints into cognisance, the town planning layout of the site provides for the following land uses: 12.7h of land constitutes 57.71 per cent of the site to be used for residential development and 9.3h of land that constitutes 42.29 per cent used for public open spaces.
The Environmental Impact Assessment – the land is characterised as largely degraded and thus no objection was noted for housing development purposes.
The department became aware of the (a) open mineshaft during 2012 and (b) the date regarding the beginning of a sinkhole on the specified property was not provided by the Gauteng Provincial Department of Human Settlements.
The construction (a) was not stopped because it was done in a developable area; (b) the land surveyor demarcated the developable and the undevelopable area. The area where the slabs are laid is the part that is developable according to the township layout plan and the geotechnical studies conducted.
The Gauteng Department of Human Settlements indicated that the council will:
(a) Implement safety measures before relocating the community.
(b) The area that is prone to sinkholes will be fenced off, and other sinkholes in the area will be filled prior to the relocation of the community.
Question:
To ask the Minister of Justice and Correctional Services:
With regards to case number 2013/33571, the residents of the Angelo informal settlement vs EMM, heard in the Johannesburg High Court, what was the outcome of the court?
A copy of the full judgement was requested.
Reply:
An order for the first and second respondents to vacate the property on or before February 1, 2015, was granted by the judge on August 1, 2014.
No judgement was handed down in the matter. The record is available at the court.
Related articles:
Council’s plan to move Angelo residents is full of cracks
Too many unanswered questions about Angelo move
Alert: Public meeting to discuss Angelo informal settlement move to border Marlands
ALERT: CPF to hold follow-up public meeting on Angelo move
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