Settlement must submit a land development application by 31 August for township Kleinfontein Extension 1 after a two-year battle.
Picture: Kleinfontein Facebook page
The Kleinfontein informal settlement outside Pretoria is one step closer to formalisation, following a high court ruling after a nearly two-year-long battle between the settlement and the City of Tshwane.
Kleinfontein welcomed the order granted in the High Court in Pretoria last Tuesday, which establishes a clear framework for the formalisation of the settlement, its spokesperson, Dannie de Beer, said.
High court order establishing framework for Kleinfontein
The main provisions of the order include, among others, that Kleinfontein must submit a complete and comprehensive land development application by no later than 31 August, for the establishment of the proposed township of Kleinfontein Extension 1 on the relevant portions of the farms Kleinfontein 368 JR and Donkerhoek 365 JR, De Beer said.
“The application will comply with Section 16(4) of the City of Tshwane’s land use management bylaw and will be treated as a new application, including a full public participation process.
“The municipality will take into account the existing buildings, engineering services, infrastructure and improvements, and will make every effort to accommodate them within the legal framework, where reasonably possible,” De Beer said.
“Pending the outcome of the applications, no further construction or development of buildings, dwellings, or improvements shall take place, except for infrastructure required by the municipality, and no new share blocks shall be issued.
“Once the zoning has been finalised, the necessary applications in terms of the National Building Regulations must be submitted within six months.”
De Beer said the city’s decision to levy tariffs for unauthorised use on the properties, effective from 1 September 2024, has been reviewed and set aside.
Municipal accounts adjusted
The relevant municipal accounts have been adjusted to reflect the actual current usage as residential, agricultural, or business and commercial, he added.
“Outstanding amounts are to be settled within 60 days of the order and previous account disputes are considered resolved or withdrawn.”
Freedom Front Plus (FF+) Tshwane mayoral candidate Willie Spies said the settlement marks the end of a to-and-fro legal battle in the courts between the community and the city, after yet another ruling was made against Kleinfontein two years ago regarding the fact that the process of formalising Kleinfontein into a town had not yet been properly finalised.
Hurter Spies, the law firm of the FF+’s mayoral candidate, acted as Kleinfontein’s legal representative in the matter.
“The settlement provides that Kleinfontein will submit a formal new township establishment application to the city by 31 August and that the application will then be considered in accordance with the rules and regulations applicable to township establishment,” Spies added.
The city’s earlier decision to levy punitive rates in respect of municipal taxes on Kleinfontein has also been set aside and municipal rates are now levied depending on the use of the relevant properties as residential or commercial properties, he added.
