Mayor announces expropriation without compensation will start immediately in Ekurhuleni

Last Thursday, the Ekurhuleni Council resolved to initiate the process of land expropriation without compensation within the metro.

Mayor Clr Mzwandile Masina has announced plans to initiate expropriation without compensation in order to test Section 25 of the constitution.

“It is important to note expropriation can never be a means to an end, but it has to inherently serve a particular purpose of interest.

“To ensure strict compliance to Section 25 of the constitution, the first step was to exclude any hint to arbitrariness and/or unreasonableness in our action, including assessment of the possibility of an alternative property or availability of less invasive means,” says Masina during his address.

Masina emphasised the decision had been taken in order to serve the public interest and metro has to act immediately to deal with its housing challenges.

“The Housing Act, read in the context and in line with the Bill of Rights, has detailed responsibilities of municipalities in respect of making housing opportunities accessible.

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“These rights place certain responsibilities on the metro, in respect of which land and access to housing are central.

“The Constitution enjoins the state to ensure progressive realisation of these rights.

“The metro has, since its inception, been putting an effort into increasing access to housing by, inter alia, purchasing available land for housing purposes,” says Masina.

Ekurhuleni has identified four occupied properties, whose owners have essentially relinquished their property ownership rights and responsibilities.

The metro plans to immediately develop and establish townships on these pieces of land.

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Details of the properties are as follows:

• A: PTN 40 of Farm Rietfontein 63-IR, which is 4.4 hectares and privately owned;

• B: REM 2 Elandsfontein 90-IR, which is 101.2 hectares and privately owned;

• C: Remainder of Extent Benoni 77-IR, which is 205 hectares and government-owned and

• D: PTN 406 Farm Driefontein 85-IR, which is 33.6 hectares and privately owned.

“We want the City of Ekurhuleni to be at the forefront of land reform in Gauteng.

“We were the first to launch the Rapid Land Release Programme, and now we want to be the first Metro in Gauteng to expropriate land without compensation for the purposes of human settlement.

“Our resolve on this matter is guided by our commitment to serving the people of Ekurhuleni,” says Masina.

There has been a mixed reaction to this announcement by Masina.

Ward councillor Dean Stone says as the Democratic Alliance, they voted against the motion in council.

“It is unconstitutional and the mayor is jumping the gun.

“They are busy changing the Bill in parliament and the mayor is using Ekurhuleni as a guinea pig.

“What the public must also be aware of is this item gives power to the mayor, and not to council as it should be.

“It leaves him open to lawsuits and the taxpayer cannot pay for lawsuits because of the mayor,” says Stone.

Stone also questioned how the council was going to seize land that belongs to them and questioned the ethics and integrity of this decision.

Thulani Simelane, Ward 78 councillor, had a different opinion to Stone.

“I am for the motion because it is a good thing because the metro cannot find the land owners.

“For decades the land has just been sitting there unoccupied and it attracts illegal occupants and crime into the area.

“The government must take the land and decide how they want to utilise it or distribute it as they see fit,” says Simelane.

*See page 10 to see how Springsites feel about this issue.