City faces possible legal challenge over land auction while residents demand a say

Alderman James Vos, the Mayoral Committee Member for Economic Growth said the auction and lease of 45 properties would boost the economy. file image

Alderman James Vos, the Mayoral Committee Member for Economic Growth said the auction and lease of 45 properties would boost the economy. file image

Published 7h ago

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Cape Town- The City has confirmed the success of 45 properties which went on auction and lease this week while the Civic Association of Rondebosch East (CARE) remains adamant to proceed with litigation, calling for a spatial planning framework which addresses the inequality of the past by providing social housing on one of the sites.

James Vos, Mayco Member for Economic Growth said the properties would be utilised for residential, business, community and industrial uses following the bid on October 2 2024.

But while the City celebrates their successes, the Association claimed they have not been part of the public participation. They argued they have received no response following an open letter penned to City officials.

They are now calling on Mayor Geordin Hill-Lewis for a public consultation.

The Association had urged the City to withdraw its auction, arguing it would be a repeat of the past where the original inhabitants were forcefully removed from areas such as Constantia during the Apartheid era.

Rashard Davids, chairman of CARE, told Weekend Argus they would have no choice but to proceed with legal action against the City if their hands were forced by not being given a chance to air their views.

“So-called coloured and black areas, we are living on top of each other, there is no space for us to move because of our condensed areas and now they are using all open land in our areas for development but we stay on our side of the fence,” he said.

“We now have no option, but to enter into the next phase, and that is litigation. We are saying to address the social injustices of the past, let us have a spatial planning framework which addresses the inequality of the past.”

A price tag on the sales and leases has yet to be revealed.

Opening bids for a Constantia site would have started between R1.5 million and R3m, it is understood.

The sites include Mitchells Plain, Goodwood, Somerset West, Kraaifontein, Century City, Fish Hoek, Atlantis Industrial and Constantia.

Vos said it included nine improved properties (residential houses) in Constantia, Plumstead, Gardens and Woodstock. Additionally, and that there were three commercial lease opportunities available in Fish Hoek and Century City.

“All bids received are subject to a 15 business days acceptance period following the decision of the Immovable Property Adjudication Committee,” he added.

“The properties are surplus to the City's needs and it is deemed prudent to place these opportunities on the market.”

Vos added the auction was a key part of the City's strategy to release land for private sector development and that the sales were a large economic boost for the province.

“I believe no government should be a land bank, so we continually look for innovative ways to open land for new investment,” he stated.

“The money generated will be reinvested into service delivery, ensuring lasting benefits for our communities.

Carl Pophaim, Mayco Member for Human Settlements, said in response to the grievances raised by the Association that they were notified and communication had been made.

“The statutory part of the public participation process relating to the City's intent to dispose of land as per legislative requirements commenced on September 13 2024 and will run over a 30 day period.

“Letters were issued to neighbouring properties notifying them of the proposed land release coupled with regional and community newspaper adverts and an advert on the City's web page providing the relevant details for submitting comments.”

He added they confirmed their receipt of the open letter penned by the Association and that it was receiving attention.

The Development Action Group (DAG) also called on the City to create a robust public participation process and said they had carried out research on the importance of this communication involving land use for social development.

“Earlier this year, DAG published a critical research report which aims to demystify processes surrounding the release of municipal land for affordable housing,” they said.

“In this report DAG identified public participation as a key step towards both the de-risking of the land release process and the delivery of affordable, well-located housing.”

Moegsien Hendricks, Executive Director of DAG explained their concerns: “Having an effective public participation process will see the success of the intended affordable housing developments is going to require building a common understanding of what we mean by social and affordable housing”.

"This requires time, patience, and innovation in the way we conduct participation processes, and it means that engaging with communities cannot merely be a box-ticking exercise.

“We need to shift our approach from one that creates spatially dislocated and socially malignant neighbourhoods, to one that reinforces the idea of putting people of all income levels in well-located spaces.”

Weekend Argus

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