Wits, residents clash over land… a gift 115 years ago

A 290-hectare piece of land surrounded by Alexandra township, Marlboro and Kelvin is the centre of a dispute between Wits University and concerned residents who have accused the institution of reneging on a 115-year-old agreement under which it received a donation of Frankenwald Estate solely for educational use.

The land, known as the Frankenwald Estate, is close to the Marlboro Gautrain station and Linbro Business Park.

It was donated by British mining magnate Sir Alfred Beit in 1905 to be used for “education in perpetuity” through a deed of gift.

It was later transferred to Wits in 1987 by the Transvaal Provincial Administration for Frankenwald to be zoned “special” for educational and scientific research purposes and ancillary use.

In a letter seen by The Citizen from Wits University’s director of legal services, Charmaine Johnstone, dated May 2, and sent to concerned resident Jim Powell, she denies there were conditions on the land, saying it was transferred to the university “free of all conditions and stipulations”.

According to Shirona Patel, head of communications at Wits, the university has appointed a development consortium to develop the Frankenwald Estate as a mixed-use development to provide housing and commercial opportunities.

“The consortium will now pursue due diligence, planning and feasibility studies required to do the mixed-use development,” said Patel.

She said all proceeds of the sales of the units would be placed in a special long-term endowment for the benefit of poor students who qualify to study at Wits University but do not have the financial means to do so.

“In terms of the transfer of the land to the university by the national government and the relevant legislation, the university has the necessary approval from the minister and other authorities to proceed,” said Patel.

However, Powell and other concerned residents claim that Wits is in direct contravention of the deed of gift, because only educational institutions may be built on the land as it was donated with the condition that it be used only for educational purposes.

They argued it would deprive surrounding communities, especially neighbouring Alexandra, of access to the educational facilities envisaged in the deed of gift.

The Frankenwald Estate also contains wetlands with endangered plant species.

Powell claimed the money from the estate, according to the deed of gift, must be spent on Frankenwald.

“There has been no consideration for the residents of Alexandra for skills and training nor for higher education.

“This is what the deed of gift was all about.”

A number of interested parties, including residents of suburbs such as Buccleuch and Marlboro, have challenged the university’s plan to create a new residential area.

– gcinan@citizen.co.za

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