The Overstrand Municipality is a creature of statue and operates within a constitutional framework as provided for in the Constitution of the Republic of South Africa, 1996 (the Constitution) - the supreme law of the country;
The Municipality has the right to govern, on its own initiative, the local government affairs of its community, subject to national and provincial legislation, as is provided for in Section 151(3) of the Constitution and Section 4(1)(a) of the Local Government: Municipal Systems Act, No 32 of 2001 (Systems Act);
The Municipality has executive and legislative authority in respect of, and has the right to administer, the matters provided for in Sections 156(1) and 229 of the Constitution, Sections 8 and 11 of the Systems Act and Section 83(1) of the Local Government: Municipal Structures Act, No 117 of 1998 (Structures Act);
The Municipality has the right to do anything reasonably necessary for, or incidental to, the effective performance of its functions and the exercise of its powers in terms of Section 156(5) of the Constitution and Section 8 of the Systems Act; and
The Municipal Council, within the Municipality’s financial and administrative capacity and having regard to practical considerations, has the duty to use the resources of the Municipality in the best interest of the community in terms of Section 4(2) of the Systems Act.
In view of the aforementioned, herewith thus the seriatim feedback on the abovementioned demands:
AD NUMBER 1
When regard is had to the abovementioned, your demand cannot be adhered to. The Municipality acts in terms of its Administration of Immovable Property Policy (available on the Municipality’s website), which policy applies to:
(a) the transfer or disposal of immovable property by the Municipality;
(b) the acquisition of immovable property by the Municipality;
(c) the registration of servitudes over municipal immovable property; and
(d) the granting by the Municipality of rights to use, control or manage immovable property.
AD NUMBERS 2 & 3
The planning of housing projects is done in consultation with Social Compacts (inclusive of ward committee members). A Social Compact is project bound and ceases to exist when a project is completed. Broader consultation with regard to housing development is part of the Integrated Development Plan (IDP)/Budget process. The housing plan is a sector plan of the IDP (see pages 115 to 142 of the 1st Review 2018/19) and the community is annually afforded the opportunity to comment on the draft IDP. Your demand therefore cannot be adhered to.
AD NUMBER 4
The Executive Mayor, in order to initiate investigations, already requested Overstrand Unite to assist by providing the names and ID Numbers of persons who did not receive homes that should have, or alternatively the names and ID Numbers of persons who did receive houses and who should not have.
AD NUMBER 5
Projects for the provision of such services are currently underway. Approval was granted and announced by the Executive Mayor during the Council Meeting on 31 October 2018 – refer to Annexure A to the minutes, which is also available on the Municipality’s website.
AD NUMBER 6
Due to the voluminous nature of this information, it will be made available as soon as possible.
AD NUMBER 7
Due to the voluminous nature of this information, it will be made available as soon as possible, except for land that has not been transferred from the Overberg District Municipality (see number 8 hereunder).
AD NUMBER 8
This information must be obtained from the Overberg District Municipality.
AD NUMBER 9
Council approval has been obtained for the transfer of 90 housing units to residents of Peach House. The transfer of the properties was subject to a housing subsidy being granted to successful potential beneficiaries/tenants. Applications for Finance Linked Individual Subsidy Programme (FLISP) subsidies were submitted to the Provincial Department of Human Settlement, but were referred back due to funding constraints.
In the meantime the policy of the FLISP subsidy underwent major changes. A Council item outlining the FLISP policy and its subsequent amendments served before Council on 31 October 2018 (available on the Municipality’s website). This amended policy could be beneficial to the majority of the tenants of Peach House.
AD NUMBER 10
The administration already placed three skips in Zwelihle and intends to place additional skips on the periphery of the Schulphoek land. One skip will also be placed at Die Kop, Stanford.
AD NUMBER 11
Internal discussions are being held to consider the transfer of the 88 hostels (rental units) in Zwelihle to tenants of the hostels. The current challenge is the subdivision of the affected properties (erven). The Administration is engaging with the committee of the hostel dwellers.
AD NUMBER 12
Section 72 of the Structures Act, read with the provisions of the Municipality’s Ward Committee Rules (also available on the Municipality’s website), provides for the establishment of Ward Committees. Ward Committees consist of the ward councillor as chairperson and not more than 10 persons elected to represent organisations/sectors or geographical blocks resident within the boundaries of a particular ward. Overstrand Unite can, if it qualifies, take part in such elections as and when it occurs. Your demand can thus not be met.
AD NUMBER 13
The execution of your demand is not possible, as the Municipality cannot entertain only your demands and excludes other organisations/individuals. Section 21 of the Systems Act provides for the manner in which communications to the community must take place and it is being adhered to.
AD NUMBER 14
The contract of the Municipal Manager can only be terminated in terms of the provisions of his Contract of Employment and due regard must be given to the provisions of inter alia the Labour Relations Act, No 66 of 1995.
Section 54A of the Systems Act, read with the provisions of Chapter 3 of the Local Government: Regulations on Appointment and Conditions of Employment of Senior Managers, No. 21 of 17 January 2014 provides for the procedures to be followed should a vacancy occur.
Your demands cannot be met.
AD NUMBER 15
The Council of the Municipality can only be dissolved in terms of the provisions of section 34 of the Structures Act and section 139 of the Constitution. Your demand cannot be adhered to.
AD NUMBER 16
The following tariff increases were approved by Council applicable from 1 July 2018, in view of the indicative Inflation (CPI) within the 3 to 6 per cent target band of the South African Reserve Bank’s inflation targets, with an increase in inflation over the 2018/2019 Medium Term Revenue and Expenditure Framework (MTREF):
• Tariff increase of 6%
• Tariff increase of 6%, except for the 0 – 6 kℓ category, where a 11.5% increase was approved in order to phase in the recovery of the minimum cost of the production of water as far as possible. The tariff for 0 – 6 kℓ category is R5,77 (VAT inclusive) for 1 000 ℓ of water.
• New Infrastructure Levy: R9.67
• Tariff increase of 6%
• New Infrastructure Levy: R3.91
Waste Removal Services:
• Tariff increase of 6%
• Electricity tariff increases for Eskom and the municipality, was approved by National Energy Regulator of South Africa (NERSA). NERSA allowed an average tariff increase of 6,85%. The electricity tariff structure as approved represents an average basket (household account) for electricity accordingly.
AD NUMBER 17
The Municipality’s IDP is reviewed annually in terms of section 34 of the Systems Act.
AD NUMBER 18
Education at all levels, excluding tertiary education, and the provision of such facilities, are a concurrent national and provincial competence. This need must thus be addressed to the Provincial Department of Education. A high school for Kleinmond does appear respectively as priorities 12 and 8 for Wards 9 and 10 (see page 44 of the Municipality’s IDP). Also refer to the comments of the Department of Education on page 33 of the aforementioned IDP.
AD NUMBER 19
Paradise Park is privately owned property and the Municipality can therefore not adhere to your demands.
AD NUMBER 20
Overstrand Unite has already been informed that the Schulphoek matter is currently being dealt with by the Provincial Minister of Human Settlements and his department.
AD NUMBER 21
Kindly refer to number 19 above.
AD NUMBER 22
It is not clear what purpose Overstrand Unite wants the properties to be made available for. Be it as it may, the status of the land is as follows:
• Portion 8 of Farm no. 572:
This is the Hawston Sea Farms land that is currently the subject of a court case between the Western Cape Department of Public Works (WCDPW) and the Hawston Sea Farms Foundation (HSF). The Municipality has requested the WCDPW to transfer all the land that will not be transferred to the HSF as a result of the outcome of the court case, to the Municipality for the extension of Hawston.
• Portion 6 of Farm no. 575:
This farm is in private ownership. The owner has approval to establish an industrial area on a portion of the farm. The Municipality submitted an application to the Western Cape Department of Human Settlements on 15 June 2018 for funding to purchase the remainder of this farm. If the application is approved, the normal process will start to acquire the land. The plan is to secure the land for future housing needs. No price has been agreed. Part of the normal process is to determine the value of the land before the owner is approached.
• Erf 749 Fisherhaven:
The current registered owner of the land is the Overberg District Municipality. The land must still be transferred to Overstrand Municipality in terms of legislation. This is considered to be the future extension of Fisherhaven.
THE DEMANDS ARE:
1. An immediate moratorium on all public land sales and lease agreements.
2. All housing developments to be halted.
3. To establish a human settlements committee representative of the Overstrand community to work with the Municipality’s planning department to develop a plan that meets the needs of the community. The moratorium should be in effect until such time as the appointed committee mentioned above is satisfied with the plan.
4. The Kleinmond Housing Officer must be investigated for giving property with title deeds to the incorrect people.
5. To put a process in place that will ensure that waste, water and sanitation facilities are installed in all areas within the next month.
6. A list of all sales of public land made in the last 20 years.
7. A list of all land currently owned by the Overstrand Municipality, including land that has not yet been transferred from the Overberg District Municipality.
8. A list of all land in the Overstrand owned by the Overberg District Municipality.
9. Title deeds to be given to residents of Peach House.
10. Skips to be placed at strategic points in Zwelihle and De Kop.
11. Transfer of ownership of hostels to tenants.
12. For all members of this committee (Overstrand Unite) to have a seat on all Ward Committees in the Overstrand.
13. For all communications/press releases and adverts sent to media regarding tenders, zoning and housing to be sent to Overstrand Unite.
14. Municipal Manager to be fired and community to be involved in screening his replacement.
15. Immediate dissolution of Council.
16. An explanation of why rates, taxes and electricity have been increased so drastically.
17. For the IDP to be reviewed as a large section of the community was not given the opportunity to give input.
18. A high school to be built in Kleinmond.
19. Address the list of demands of the community of Paradise Park.
20. Expropriate the Schulphoek land.
21. Title deeds for Paradise Park by end January 2019.
22. Hawston land to be made available immediately.