Polokwane municipality clamps down on illegal land use

POLOKWANE – Most of these businesses revealed the illegal use of land, most of these used for incorrect purposes such as a business run on a site set out for residential development.

You might also want to read: The Land Act, explained

According to the municipal bylaw, the Municipal Systems Act, 2000(Act no. 32 of 2000) illegal land use occurs when a piece of land and/or building is used by an owner for a different use or under different conditions than specified or provided for in the land use scheme.

This scheme encompasses different zones inclusive of the certain uses in each zone. For example, if a property is zoned as residential 1 the property may only be used to erect a dwelling unit to be used by a single family for residential purposes. If the owner now uses it for an office or to conduct business, it becomes illegal and inconsistent with the provisions of the use zone in terms of the land use scheme.

How the municipality deals with illegal land use:

1. Laying of a complaint: A complaint must be lodged by contacting or completing the complaint form and sending it by post or by e-mail to the municipality.
2. First site inspection: An official will conduct an inspection to establish whether the unauthorised use exists. An official will write a report detailing the observations, take pictures and gather other evidence that supports the unauthorised use.
3. First notice: A notice is an official warning, calling upon the offender to stop the unauthorised use. The usual time given for complying is seven days. The official will then acknowledge that the offender has received a complaint and inform the complainant of the action taken.
4. Second site inspection: After the notice period expires, the official will re-inspect the site. If the unauthorised use has been terminated, the file will be closed.
5. Final notice: If the use continues, a final notice will be issued of which a maximum of seven days will be given to comply.
6. Final site inspection: If the use continues, an assessment will be undertaken to determine whether there is a prima facie case and if so the file will be referred to the council’s attorneys for further action.
7. Legal action: The council’s attorneys will launch civil proceedings against the offender to interdict him from continuing with the unauthorised use, if this action is successful in court, the attorneys will obtain a court order. The sheriff of the court is usually authorised by the court to execute the court order if the respondent does not comply with it. Where illegal land use is found residents are issues with a notice and the details are captured on a database to be followed up.

riana@nmgroup.co.za