Is the City of Ekurhuleni leasing out local dams to private persons?
This was the question posed by a concerned reader, who reported the Nigel and Vogelstruisbult (Struisbult) dams are allegedly being fenced and closed to the public.
Both dams are popular recreation spots, especially among anglers.
“It is my understanding that some person has leased them from the council and is going to use them for irrigation purposes,” said Allen Wells.
“To my knowledge, they are not zoned for that. I have been fishing at these dams for over 50 years.”
According to the City of Ekurhuleni, the dams have not been leased.
Portions of property in the vicinity of the dams have, however, been leased for agricultural purposes.
Both have been leased until January 13, 2031.
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City spokesperson Zweli Dlamini explained with regards to the Nigel Dam, the remainder of Portion 65 of the Farm Varkensfontein 169-IR has two portions that share the same property description.
“The lease agreement signed with the lessee is in respect of the portion measuring approximately 9 7971 hectares in extent.
“It should be mentioned that the lessee has erroneously taken occupation of the vacant incorrect land that includes the Nigel Dam. The land on which the Nigel Dam is located is far much bigger (in terms of size) as compared to the one awarded to the lessee.
“A letter informing the lessee about the error on their part will be transmitted to them urgently.”
As for the Vogelstruisbult Dam, which is situated on the border of Nigel and Springs, Dlamini stated a portion of the remainder of the Farm Vogelstruisbult 127-IR, the land on which the dam is situated, is being leased to a private person.
Asked what the City’s objective is to lease public land to private persons, Dlamini stated: “To have control and management of the public places for the use and benefit of the public as provided for under Section 63 of the Local Government Ordinance 1939, as amended.”
He then expanded on what the municipal law states regarding the leasing of public land, which is:
Section 66 of the Local Government Ordinance, 17 of 1939, as amended, provides that (1) notwithstanding anything to the contrary contained in this ordinance, a council may, after having given such notice as it may deem necessary.
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• Close temporarily any square, open or enclosed space, garden or park vested in the council:
• Any public place closed temporarily in terms of subsection (1) may be let temporarily or the use thereof granted temporarily to any person on such terms and conditions as the council may determine.
On condition that the provisions of section 67 shall mutatis mutandis apply to the council in the exercise of the power hereby conferred.
In a nutshell, certain public places vested in council (such as open or enclosed space, garden or park) can be temporarily closed in terms of section 66 read with sections 67 and 68 of the Local Government Ordinance, 17 of 1939, as amended, subject to compliance with the said sections.
Dlamini said it was important to note the approach followed the farm release programme, which is the leasing of various farms and agricultural holdings for agricultural purposes.
“When considering this programme, the City considered the provisions of Regulations 34(1)(b) and 36(a) of the Asset Transfer Regulations, 2008, Section 79(18) of the Local Government Ordinance, 1939, the City of Ekurhuleni’s Leasing Policy for Municipally Owned Immovable Property, 2012, read together with the City of Ekurhuleni’s System of Delegations, 2017,” he added.
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