Proposed Angelo move goes back to court
Lynette Nance-Kivell, from Nance-Kivell Attorneys is back in court today regarding the proposed Angelo move. Metro also issued with compliance notice.
It is back to the Johannesburg High Court today (Thursday) for Lynette Nance-Kivell from Nance-Kivell Attorneys, a civil and litigation expert and a Marlands resident, to argue for an interdict to prohibit the relocation of residents from the Angelo informal settlement in Boksburg to Germiston.
The matter was last heard in court in July where Acting Judge Shangisa delivered a verbal judgment saying that he considered the application to be too voluminous and technical for him to consider on an urgent basis.
The matter was struck off the urgent roll and Nance-Kivell told the GCN they were given a preferential date on the normal roll for today where the case will be heard by Judge Weiner.
She will be arguing the Marlands residents’ case against the metro to have the move prohibited.
The Gauteng Department of Agriculture and Rural Development has also now got involved with the issue and the metro has been issued with a compliance notice in terms of Section 31L of the National Environmental Management Act, 1998 (Act 107 of 1998, “NEMA”) in respect of the unlawful residential development on Portion 230 of the Farm Driefontein IR Stand 87, Germiston.
Details of the non-compliance by the metro listed in the compliance notice include the metro’s non-compliance with the provisions of the Environmental Impact Assessment Regulations Listing Notice 1 of 2014 (as amended) (“NEMA EIA Regulations 2014”) and the activity on the site which has illegally commenced in terms of “NEMA EIA Regulations 2014” (as amended) namely Activity 26 – “residential, retail, recreational, tourism, commercial or institutional developments of 1 000m² or more on land previously used for mining or heavy industrial purposes.”
Exclusions are listed in the notice.
The metro was given an opportunity to respond to the intention to issue a compliance notice which they did and then the department responded by issuing the compliance notice, listing their responses to the metro’s representations and their reasons for issuing the notice.
Nance-Kivell told the GCN that what this means is that no one can be moved onto the land until the metro complies with the compliance notice and if this is breached there would be serious implications for the metro.
The GCN has requested comment from the metro on the issue but none has been forthcoming as yet.
More details as to what transpires in court will be communicated when they become available.
ALSO READ:
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Metro to be taken to court over Angelo move
Online Exclusive: National Assembly replies to questions posed on Angelo informal settlement move
Council’s plan to move Angelo residents is full of cracks
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