GPL SCP engages Ekurhuleni petitions
“We have confirmed that the electricity prepaid meter is in Mtshali’s name but Mnisi is the one using it and has not bought electricity since 2017.”
The Gauteng Provincial Legislature’s (GPL) Standing Committee on Petitions (SCP) held a hearing with Ekurhuleni petitioners at Vosloorus Civic Centre on March 4.
GPL SCP members are G Schneemann, W Peach, MS Chabalala, Mufama, Malesela Ledwaba and led by chairperson Ezra Letsoalo.
The hearing aimed to educate the public about the role of the GPL SCP, submitting petitions and why a petition would be rejected. It also listened to the adopted petitions to give community members a practical understanding of the procedures.
Residents from around Ekurhuleni attended the event, including those from Vosloorus, Thokoza, Katlehong, Etwatwa, Thembisa and Eden Park.
At least nine adopted petitions were heard, including
• Proclamation or relocation of Vusumuzi Squatter Camp in Thembisa
• RDP house in Tsakani
• Service delivery in Sakhile informal settlement
• Incorrect issue of title deeds in Thokoza
• Incorrect billing in Kwa-Thema
• Encroachment in Eden Park
• Lack of stormwater drains in Ext 34, Etwatwa
• Tarred roads in Ext 34, Etwatwa
• Refuse collection services in Etwatwa
However, Vosloorus residents were not pleased that their petitions were not adopted for this particular hearing more so because it was hosted in their area.
Members of the public delayed the hearing as they lined up to express their grievances. They questioned the GPL SCP’s decisions to host the hearing in Vosloorus without including their petitions.
The chairperson of GPL SCP, Ezra Letsoalo, explained that the GPL SCP did not have petitions from Vosloorus. He noted petitions of those who claimed to have submitted.
He explained the process of submitting a petition, emphasising that any individual can submit a petition on service delivery or policy matters.
A petition may address any matter within the legislative authority of the Gauteng Province (GP), any matter within the executive authority of the GP, any matter assigned to an MEC in terms of the Constitution and any matter relating to the provincial supervision of the local government, Letsoalo explained.
He further explained that all petitions should clearly show their names and surnames, addresses, contact numbers and a statement of the problem and action required.
How to submit a petition to the GPL SCP
To submit a petition, people can complete a petition form and submit it electronically or print it out to make a hardcopy submission.
It can be submitted by a group, individuals, an association or a person mandated to present the association and a collective whereby a collection of signatures from petitions is collected.
Petitions are available at GPL and any of the Parliamentary constituency offices in Gauteng and delivered electronically, by hand, post or fax.
They can be submitted through the Public Participation and Petitions Unit.
To submit, contact Senoto Teane on 071 603 1663 or email at steane@gpl.gov.za, or contact Mbulaheni Likhade on 072 630 0607 or email Mlikhade@gpl.gov.za
The process of escalating the petition
• A petitioner submits a petition and a receipt letter is sent to the petitioner within two days
• The petition is scanned, registered and tabled at the PSC for consideration. Feedback is provided to the petitioner
• If adopted, the petition is referred to the relevant authorities who must respond within 20 working days
• The report of the response is communicated to the petitioner upon receiving it from the authorities
• Petitioners have to submit a written response relative to the content of the report within seven working days
• All closed petitions are archived for five years
Report on some petitions adopted
Incorrect title deed in Thokoza
The petition included an incorrect title deed in Thokoza submitted by Moses Mahlaba, who resides in Miya Street, Thintwa Village, Thokoza.
Mahlaba wrote the petition on behalf of his aunt FS Mahlangu.
In the petition, Mahlaba said his aunt was allocated land and a one-room house in 1994 by the then municipality.
He alleges that she has been occupying the land since it was allocated to her in 1994 but the municipal statements, as well as the title deed for the said land, is in the name of a Nomasonto Madonsela.
He further alleges they informed the City of Ekurhuleni municipality about the matter without success.
Progression
The petition was referred to Ekurhuleni Municipality for investigation and reporting to the Portfolio Committee on CoGTA and Human Settlements for oversight on March 17, 2016.
A report was submitted on August 2, 2017, and the petition remains unresolved.
Sipho Xetjwayo who responded on behalf of the Department of Human Settlement (DoHS) in the Ekurhuleni region said the matter still needs to be investigated by Asserts Disposal and Regulations Directorate (ADRD).
He said the matter was referred to the CoE and was referred back to the DoHS Ekurhuleni regional office.
According to Xetjwayo, the investigation can only be done once Mahlaba visits the ADRD offices in Johannesburg where the matter would be recorded and a dispute launch a full-blown investigation because the petitioner (Mahlangu) would have benefited when she was given a stand where an RDP would be built.
But the issue of the title deed came into play where the title deed was not issued to the intended person, he added.
“We can only deal with this matter once the dispute is launched with ADRD and it should be able to assist the petitioner going forward,” he said.
Chairperson Letsoalo called out the department for a lack of commitment to investigate cases.
He questioned the EDoHS’ reasons for not investigating the matter, which was known to them since 2016.
“If we are saying it needs to be investigated while you say you were aware of it in 2016, why are we only investigating it now, why haven’t we investigated?” asked Letsoalo.
He said it is unacceptable for the EDoHS to say they are still going to investigate, adding they have to leave the hearing with a way forward.
Letsoalo said they want a report in seven days and the department should prioritise the given time frame of the case, especially for an 80-year-old senior citizen.
Encroachment in Eden Park
Another adopted petition was the encroachment in Eden Park, submitted by Emily Mamonyamane Mofokeng, who lives in Eden Park.
In the petition, Mofokeng alleged that the construction company that was appointed to build RDP houses in Eden Park built her neighbour’s house on a portion of their property.
She alleged that she consulted a private investigator who after investigating the matter issued her with a surveyor’s certificate, which outlined the layout of her property size and confirmed a portion of her neighbour’s house was built on her property.
She further alleged that she informed the ward councillor about the encroachment, yet the matter had not been resolved.
Progression
The petition was referred to the CoE Municipality and the GDoHS for investigation and reported to the portfolio committee on CoGTA and Human Settlements for oversight on November 5, 2019.
Way forward
There was no one from the CoE to respond to the petition. Letsoalo extended an apology to Mofokeng who attended the hearing in the morning.
He said they will have to use their powers to subpoena the city to send whoever was supposed to appear to respond.
Incorrect billing in Kwa-Thema
Another petition was of the incorrect billing in Kwa-Thema, submitted by Nhlanhla Mnisi on behalf of the community. She lives in Nyanda Street, in Extension Three, Section D, Kwa-Thema.
Mnisi alleges that the contractor that was appointed to instal toilets for them did not instal water meters.
She also alleges that although they have electricity, the meter numbers of community members have been mixed, which means they are incorrectly billed for water and electricity. She further alleged that they informed the councillor about the matter but he did not assist them.
Progression
The petition was referred to the City of Ekurhuleni for investigation and reporting to the portfolio committee on CoGTA and Human Settlements for oversight on June 20, 2016.
The petition was tabled at the external hearing in Duduza on August 4, 2017.
The municipality did not submit a written report but verbally reported the petitioners were not owners of the properties as Mnisi occupies Mtshali’s house.
The petitioners disputed the verbal report. The PSC convened a rapporteur meeting on August 16, 2017, involving the petitioners, Ekurhuleni Billing Division and Ekurhuleni Human Settlements.
Mokete Masikela from the finance office at the Ekurhuleni Billing Division insisted the billing was correct.
She said the properties in Ext Three were registered in different people’s names and people occupied the space after the registration had gone through.
“We are billing the registered owner of the property as per the deeds office’s registration. Mnisi has occupied a property that is registered in Mtshali’s name so the billing is allocated to Mtshali.
“When the toilets were installed, there were no water meters but in terms of the Ekurhuleni propagated tariffs, a flat rate is charged for unmetered properties,” said Masikela.
She said the electricity is also billed to Mtshali because when the prepaid meter number is installed in a property, it gets linked to the property owner.
According to Masikela, if the DoHS could have given them a document that explained that the owner of the property is Mtshali, they should create an account for the occupier (Mnisi) as a tenant.
“We do not have a document like that from the department, therefore, we will continue charging Mtshali until we get a document substantiating why we should charge in Mnisi.
“We have confirmed that the electricity prepaid meter is in Mtshali’s name but Mnisi is the one using it and has not bought electricity since 2017,” said Masikela.
She said the matter has been sent to the energy department as Mnisi had allegedly tampered with the meter since the inception of the account.
Way forward
“The way forward is that the DoHS should go to the individual houses in Ext Three, which is something we have been requesting because this issue affects the entire area,” she said.
“They should go to check the people who occupy the properties and collect their information to send to us. We will treat the occupants as tenants because registration takes long and illegal occupation has not been resolved.
“We will register them as tenants on the system then transfer the charges from owners to tenants,” said Masikela.
Her colleague, Reggie Langson, said the initial objective of this case is ownership, and all the houses in Ext Three are occupied illegally.
“If you look at the payment from Ext Three, there is not a single cent that comes in every month as the occupier says they cannot pay for something that does not belong to them.
“We have engaged with DoHS, mayors and had public meetings. Red Ants were sent in to evict people, it is an ongoing thing,” said Langson.
He said they engaged with the water department and water meters will be installed and linked to the relevant stands so that the community can start paying for their services.
Masikela said they will engage with the DoHS within two weeks to get a report that maps out a way forward in writing.
