Exclusive Afrikaner township defends legality after court orders Tshwane to enforce bylaws

Residents of Kleinfontein say they are not doing anything illegal following last week’s High Court in Pretoria judgment. The court ordered the City of Tshwane to step in and enforce its bylaws.

Rietfontein director and shareholder Dannie de Beer stated that they haven’t received anything from the city and don’t need anything from it.

“We are not illegal. We have tried to establish Kleinfontein as a township since 1998,” he said.

At the entrance of Rietfontein stands a statue of former South African Prime Minister Hendrik Verwoerd, former President Paul Kruger, and a statue with Rietfontein’s three vows, made from Paardekraal, Bloed Rivier, and Jan van Riebeeck.

Afrikaner-only settlement near Pta spans 900 ha

This culturally segregated, Afrikaner-only settlement is located on the east of Pretoria. The land was established in 1990 and is now estimated to cover over 900 hectares, with about 1,500 residents living in various types of housing, including shacks, RDP-equivalent houses, wooden houses, and townhouses.

“We have our own electricity, water, and municipality. What do we get from the City of Tshwane? Nothing. What do we want from the city? Nothing, just peace and the right paperwork,” de Beer said.

He explained that the land was bought before the City of Tshwane came into existence. The settlement boasts its own rugby field, tennis court, solar plant, wastewater system, water supply, and municipality. Kleinfontein also features wildlife, a dam for fishing, a picnic area, a community hall, and a community care center.

“Kleinfontein was a closed corporation, then a company, then a corporation, and now it’s a share block scheme, just like Orania,” de Beer noted. “The company owns all the land and assigns a portion of shares and land to community members. It’s not a development; it’s more like a settlement.”

‘Millions spent to resolve paperwork’

De Beer mentioned that they have made numerous attempts and spent millions of rands over the past two decades to resolve the paperwork with the city, but to no avail. He noted that four previous mayors had visited Kleinfontein. “We have put in our own water pipes and fix them ourselves when they break,” he added.

De Beer explained that the complaint about the settlement came from residents who went to court after they were not selected as directors.

“This was a case of disgruntled former directors who filed a court case. The court ruled they were no longer allowed to incite anyone else not to pay their levies because it was a contract between the company and shareholders,” he said.

City ordered to enforce bylaws

In the second ruling, the city was ordered to apply its bylaws and questioned whether the 500 other informal townships, including Pienaarspoort, where some Mamelodi flood victims were recently relocated, also adhered to all regulations and bylaws.

City of Tshwane spokesperson Selby Bokaba acknowledged the judgment. “We are studying it with our legal team to determine the way forward,” he said. EFF councillor Obakeng Ramabodu welcomed the ruling declaring the Afrikaner township illegal.

“The city must act without delay to enforce all planning and building regulations. This includes ensuring the land is properly rezoned and subdivided and that building plans are in accordance with legal requirements,” he said.

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