annexure b 1 - tshwane · petition submitted by pillay: request for the city of tshwane to assist...

COUNCIL MEETING: 30 MARCH 2017

ANNEXURE B REPORT ON RESOLUTIONS OF THE SECTION 79 STANDING COMMITTEE: PETITIONS: 19 JANUARY 2017 SUBJECT

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B. SECTION 79 STANDING COMMITTEE: PETITIONS: 19 JANUARY 2017 ……………………………….…………..…………………… 1 – 27

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ALDERWOMAN ADV CD PRINSLOO CHAIRPERSON: SECTION 79 STANDING COMMITTEE: PETITIONS

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B. SECTION 79 STANDING COMMITTEE: PETITIONS: 19 JANUARY 2017

INDEX

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I. LEAVE OF ABSENCE……………………………………………………….. 6 II. MINUTES FOR CONSIDERATION…………………….……….................. 6 III. RESOLUTIONS: SECTION 79 STANDING COMMITTEE:

PETITIONS: 19 JANUARY 2017

1. Office of the Speaker Petition submitted by Ms Mavis Makamu, complaint concerning notice of eviction from Region 6 Urban Management Section, Ward 40, Region 6 under Councillor SB Maja ……………………………….. 6 – 7

2. Office of the Speaker

Petition submitted by M Jansen complaint regarding River Meadow Manor Guesthouse in Doornkloof, Ward 65, Region 4 ………….. 7

3. Office of the Speaker:

Petition submitted by T Masango, complaint about land or site allocated to a particular Church, Ward 3, Region 3 under Councillor CRE De Bruin ……………………………………………… 8


Petition submitted by Councillor H Weber: requesting the City of Tshwane to repair damaged houses in Rithabiseng, Ward 103, Region 07 under Councillor ED Moloi ………………………… 8


Petition submitted by Pillay: request for the City of Tshwane to assist Mr/S Bueks by writing off debt owed and restoring the supply of services, Ward 53, Region 3 under Councillor HF Fourie ………………………………………………………….. 9

6. Office of the Speaker Petition submitted by residents of Atteridgeville: requesting the City of Tshwane to assist regarding service delivery in Ward 107, Region 3 under Councillor MB Ringane ……………………... 9


Petition submitted by residents of Mabopane CV: Requesting The City of Tshwane to assist regarding title deeds in Ward 29, Region 1 under Councillor FE Nkosi …………………………… 10

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8. Office of the Speaker Petition submitted by Councillor Phillip Nel: Requesting The City of Tshwane to stop illegal traders in Skilpad Street, Ward 42, Region 3 under Councillor PA Nell…………………………… 10 – 11

9. Office of the Speaker Petition submitted by Councillor LA Matjie: requesting the City of Tshwane to assist regarding the dysfunctional high massed lights and high water billing at 54 Block KK in Ward 26, Region 1 under Councillor NGJ Ndlovu ………………………. 11

10. Office of the Speaker Petition Submitted By Councillor PB Hlatshwayo, petition regarding releasing of land by the Municipality for the development of a shopping centre/ mall in Soshanguve Ward 25, Region 1, Councillor PB Hlatshwayo …………………………. 12

11. Office of the Speaker Petition submitted by Councillor Johan Welmans: requesting the City of Tshwane to assist with the tarring of Mountain Drive and Bergzight Roads in Derdepoort, Ward 99, Region 5 under Councillor LJ Welmans …………………………………………………… 13

12. Office of the Speaker Petition submitted by residents of Mabopabe, Boikhutsong: requesting the City of Tshwane to assist regarding service delivery in Ward 22, Region 1 under Councillor TB Motaung ……….. 13 – 14


Petition submitted by residents of Moretele View: requesting the City of Tshwane to assist regarding the invasion in Ward 28, Region 6 under Councillor PB Zitha …………………………… 14

14. Office of the Speaker: Petition submitted by residents of Afriforum: requesting the City of Tshwane to assist regarding road linking in Ward 96, Region 2 under Councillor JJ Coetzee ……………………. 14 – 17


Petition submitted by Mr Albert Mogotlane, regarding proposal to purchase or lease Municipal Land at Mamelodi East to build a shopping mall and office park, Ward 18, Region 6, Councillor Masemola ……………………………………………………… 17 – 18


Petition submitted by Councillor S Maphaga: request for 2 or 3 speed humps and pedestrian crossing on the road near Tshenolo Day Care Centre in Ward 75, Region 2 under Councillor S Maphanga ………………………………………………….. 19 – 20

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17. Office of the Speaker Petition submitted by Councillor S Maphaga: request for sewer system in Kudube Extension 5, Hans Kekana View, Ward 75, Region 2 under Councillor S Maphanga …………………… 20 – 21


Petition submitted by Councillor SL Sedibeng demand for service delivery by residents of Matlejoane Informal Settlement in Attridgeville, Ward 72, Region 3 under Councillor SL Sedibeng ………………………………………………… 21

19. Office of the Speaker Petition submitted by Councillor IS Maphaga: demand for formalisation of Chris Hani Extension 1 and 2, Ward 75, Region 2 under Councillor S Maphanga ……………………………… 21 – 22

20. Office Of The Speaker

Petition submitted by Councillor Sp Montlha: complaint regarding high rate of accidents on the Hebron Road from Residents of Extension 3, 4 and Marry Me Informal Settlement, Ward 37, Region under Councillor SP Montlha ……….. 22 – 23


Petition submitted by residents of Mamelodi Old Vista: requesting the City of Tshwane to relocate them from the Area in Ward 93, Region 6 under Councillor NR Masupha ……. 23


Petition submitted by residence of Danville: Requesting the City of Tshwane to assist with service delivery in Ward 55, Region 3 under Councillor FW Van Wyk ……………………………………. 24


Petition submitted by Councillor LS Mulaudzi: Petition to stop demolition of Oeverzicht Complex by Atterbury Properties in Ward 81, Region 3 under Councillor LS Mulaudzi …………. 24 – 25

24. Office of the Speaker: Petition submitted by Councillor E Nkosi: Request for resurfacing of the tarred road in Ward 29, Region 1 under Councillor E Nkosi ……………………………………………………………. 25

25. Office of the Speaker: Petition submitted by Councillor H Weber: request for intervention from authorities to proclaim vacant pieces of ground on both R25 next to the Retirement Villages in Ward 105, Region 7, under Councillor JT Mahlangu ……………………… 26

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26. Office of the Speaker: Petition submitted by Councillor ST Maila: Request for tarred roads at Extension 19 and 22 Olievenhoutbosch, Ward 77, Region 4 under Councillor ST Maila ……………………………. 26 – 27


Petition Submitted By Councillor M Sutherland: Objection to the church situated at Iris Street, Hesteapark, Akasia in Ward 98, Region 1 under Councillor M Sutherland ………………….. 27


Petition submitted by residents of Atteridgeville Ext 17: Requesting the City of Tshwane to assist regarding the developed and underdeveloped vacant land in Ward 07 and 68, Region 3 under Councillor MS Mashola and JM Ngobeni ……. 27

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MATTERS WHICH THE SECTION 79 STANDING COMMITTEE: PETITIONS FINALISED ON 19 JANUARY 2017 BY VIRTUE OF THE POWERS DELEGATED TO IT IN TERMS OF COUNCIL RESOLUTION OF 30 MAY 2002 B. SECTION 79 STANDING COMMITTEE: PETITIONS MEETING (19.01.2017) I. LEAVE OF ABSENCE

None.

II. MINUTES FOR CONSIDERATION RESOLVED: That the minutes of the Section 79 Standing Committee: Petitions meeting held on

17 November 2016 be approved.

III. RESOLUTIONS: SECTION 79 STANDING COMMITTEE: PETITIONS:

19 JANUARY 2017 1. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY MS MAVIS MAKAMU, COMPLAINT CONCERNING NOTICE OF EVICTION FROM REGION 6 URBAN MANAGEMENT SECTION, WARD 40, REGION 6 UNDER COUNCILLOR SB MAJA

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners were present and were given the opportunity to address the Committee. During discussion of this matter the Regional Executive Director: Region 6 commented, amongst others as follows: In 2005 Miss Selina Berry was registered as beneficiary who stayed in the shack on Erf 34041 (i.e shack marked). According to Ms Mavis Makamu she bought the stand from Ms Selina Berry, which is not possible due to the fact that the land is owned by the Municipality. What Ms Makamu actually bought is a shack. The previous administration then took a decision to formalize the informal settlements, i.e to relocate the residents from the informal settlement and giving them permanent service stands. In Region 6 Mamelodi was part of the townships that benefitted from that project. Ms Selina Berry was then relocated to a permanent stand as she was the rightful owner of that particular shack in Pomolong in terms of the registered database.

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In view of the fact that Ms Berrry was relocated to a permanent stand and not Ms Makamu, they started to argue. However, the matter between Ms Berry and Ms Makamu is a private matter and beyond the scope of work of the City of Tshwane. Hereafter Councillors MA Makola and MB Ringane indicated that they are in agreement with the recommendations of the report and that the Regional Executive Director: Region 6 must find a way to ensure that MS Makamu is allocated an alternative place to stay as soon as possible. After discussion by the Committee, the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report.

2. That the Regional Executive Director: Region 6 ensure that the matter is resolved

amicable with both Ms M Makamu and Ms S Berry having their own stands. 3. That the Regional Executive Director: Region 06 submit progress report to the

Section 79 Standing Committee: Petitions by 10 February 2017. 2. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY M JANSEN COMPLAINT REGARDING RIVER MEADOW MANOR GUESTHOUSE IN DOORNKLOOF, WARD 65, REGION 4

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners were present and were given the opportunity to address the Committee. After hearing the above and after thorough discussion by the Committee, the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report.

2. That the petitioners invite officials of Region 4 when there is function at the guest

house to determine the noise level and submit remedial action. 3. That in view of the above recommendations, this petition be closed.

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3. OFFICE OF THE SPEAKER: PETITION SUBMITTED BY T MASANGO, COMPLAINT ABOUT LAND OR SITE ALLOCATED TO A PARTICULAR CHURCH, WARD 3, REGION 3 UNDER COUNCILLOR CRE DE BRUIN

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioner was present and was given the opportunity to address the Committee. After hearing the above and after discussion by the Committee, the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report. 2. That the Regional Executive Director: Region 3 ensure that municipal by-laws are

enforced and that noise level be monitored. 3. That in view of the above recommendations, this petition be closed. 4. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY COUNILLOR H WEBER: REQUESTING THE CITY OF TSHWANE TO REPAIR DAMAGED HOUSES IN RITHABISENG, WARD 103, REGION 07 UNDER COUNCILLOR ED MOLOI

RESOLVED: 1. That cognizance be taken of the contents of the report. 2. That cognizance be taken that the matter was facilitated and managed by the

Gauteng Provincial Government: Department of Housing. 3. That the Strategic Executive Director: Housing and Human Settlements facilitate

the response from the Gauteng Provincial Government: Department of Housing and submit a progress report to the Section 79 Standing Committee: Petitions by 10 February 2017.

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5. OFFICE OF THE SPEAKER PETITION SUBMITTED BY PILLAY: REQUEST FOR THE CITY OF TSHWANE TO ASSIST MR/S BUEKS BY WRITING OFF DEBT OWED AND RESTORING THE SUPPLY OF SERVICES, WARD 53, REGION 3 UNDER COUNCILLOR HF FOURIE

RESOLVED: 1. That cognizance be taken of the contents of the report.

2. That Mr/s Beukes apply for indigent if they cannot afford to pay the amount owed. 3. That in view of the above recommendations, this petition be closed. 6. OFFICE OF THE SPEAKER:

PETITION SUBMITTED BY RESIDENTS OF ATTERIDGEVILLE: REQUESTING THE CITY OF TSHWANE TO ASSIST REGARDING SERVICE DELIVERY IN WARD 107, REGION 3 UNDER COUNCILLOR MB RINGANE

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioner as well as the Ward Councillor MB Ringane were present and were given the opportunity to address the Committee. After hearing the above and after discussion by the Committee, the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the contents of the report.

2. That the Strategic Executive Director: Roads and Transport and Strategic

Executive Director: Services Infrastructure investigate the possibility of installing sewerage systems with toilets in Phomolong Taxi Rank and provide them with temporary chemical toilets if possible.

3. That the Regional Executive Director: Region 3 investigate the possibility of

installing skip bins and clean the area regularly. 4. That the Strategic Executive Director: Roads and Transport, the Strategic

Executive Director: Services Infrastructure and the Regional Executive Director: Region 3 submit a progress report to the Section 79 Standing Committee: Petitions by 10 February 2017.

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7. OFFICE OF THE SPEAKER PETITION SUBMITTED BY RESIDENTS OF MABOPANE CV: REQUESTING THE CITY OF TSHWANE TO ASSIST REGARDING TITLE DEEDS IN WARD 29, REGION 1 UNDER COUNCILLOR FE NKOSI

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners as well as the Ward Councillor, Councillor FE Nkosi, were present and were given the opportunity to address the Committee. After hearing the above and after discussion by the Committee, the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report. 2. That the Strategic Executive Director: Housing and Human Settlements engage

the MMC for Housing and Human Settlements on the matter to facilitate a meeting with the MEC of Housing, Gauteng Provincial Government and the MEC of Housing, North West Provincial Government

3. That the Strategic Executive Director: Housing and Human Settlements submit a progress report to the Section 79 Standing Committee: Petitions by 10 February 2017.

4. That the Section 79 Standing Committee: Petitions referred the matter to Gauteng

Provincial Legislature: Petitions Committee for consideration and response. 8. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY COUNILLOR PHILLIP NEL: REQUESTING THE CITY OF TSHWANE TO STOP ILLEGAL TRADERS IN SKILPAD STREET, WARD 42, REGION 3 UNDER COUNCILLOR PA NELL

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners as well as the Ward Councillor, Councillor PA Nell. Were present and were given the opportunity to address the Committee. After hearing the above and after thorough discussion by the Committee, the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the contents of the report.

2. That the Chief of Police monitor and conduct regular patrols together with SAPS in

the area for illegal substances and safety of the community.

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3. That in view of the above recommendations, this petition be closed. 9. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY COUNILLOR LA MATJIE: REQUESTING THE CITY OF TSHWANE TO ASSIST REGARDING THE DYSFUNCTIONAL HIGH MASSED LIGHTS AND HIGH WATER BILLING AT 54 BLOCK KK IN WARD 26, REGION 1 UNDER COUNCILLOR NGJ NDLOVU

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners as well as the Ward Councillor, Councillor NGJ Ndlovu were present. After the Chairperson put this matter for discussion Councillor MA Makola referred the Committee to the petition which states, among others, as follows (see paragraph 3 BACKGROUND of the report):

(Unaltered)

“2. Water billing rocketing sky high eg: an elderly person at 54 block KK Soshanguve on June 2016 POP owed R5.00 and in August 2016 is owing R1500,00.”

Councillor Makola indicated to the Committee that there are no documents attached to prove the above statement. In view of the above Councillor Makola proposed the following amendment to the recommendations of the report, which proposal was accepted by the Committee:

(Unaltered) “Delete recommendation 2 and replace with the following:

2. That this matter be referred back and the petitioner must attach supporting documents with regard to the billing of an elderly woman in 54 Block KK.”

In view of the above the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report. 2. That this matter be referred back and that the petitioner attach the supporting

documents with regards to the billing of an elderly woman at 54, Block KK, Soshanguve.

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10. OFFICE OF THE SPEAKER PETITION SUBMITTED BY COUNCILLOR PB HLATSHWAYO, PETITION REGARDING RELEASING OF LAND BY THE MUNICIPALITY FOR THE DEVELOPMENT OF A SHOPPING CENTRE/ MALL IN SOSHANGUVE WARD 25, REGION 1, COUNCILLOR PB HLATSHWAYO

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners as well as the Ward Councillor, Councillor PB Hlatshwayo, were present and were given the opportunity to address the Committee. During thorough discussion Mr B Simelane of Group Property Management requested that recommendations 2 and 3 be amended to read as follows, which request was accepted by the Committee:

(Unaltered)

“2. That the Acting City Manger and the Acting Strategic Executive Director: Group Property Management prepare a report on the lease or purchase of the property for the development of the mall, for the MMC to present it in the next Mayoral Committee meeting, and submit a progress report to the Petitions Committee by 10 February 2017.

3. That the developers should also submit proposals to purchase or

lease the property with motivations (plans) to Group Property Management.”

The Section 79 Standing Committee: Petitions therefore resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report. 2. That Acting-City Manager and the Acting Strategic Executive Director: Group

Property Management prepare a report on the lease or purchase of the property for the development of the mall, for the MMC to present it in the next Mayoral Committee meeting and submit a progress report to the Section 79 Standing Committee: Petitions by 10 February 2017.

3. That the developers also submit proposals to purchase or lease the property with

motivations (plans) to Group Property Management.

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11. OFFICE OF THE SPEAKER PETITION SUBMITTED BY COUNCILLOR JOHAN WELMANS: REQUESTING THE CITY OF TSHWANE TO ASSIST WITH THE TARRING OF MOUNTAIN DRIVE AND BERGZIGHT ROADS IN DERDEPOORT, WARD 99, REGION 5 UNDER COUNCILLOR LJ WELMANS

Although the petitioners and the Ward Councillor, Councillor LJ Welmans were invited to address the Section 79 Standing Committee: Petitions on 19 January 2017, they did not attend the meeting. During discussion of this matter the Chairperson mentioned to the Committee that the Ward Councillor indicated to her, prior to the meeting, that he is in agreement with the recommendations of the report. The Section 79 Standing Committee: Petitions hereafter resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report. 2. That the Strategic Executive Director: Roads and Transport prioritise the erecting

of tarred road at Mountain Drive and Bergzight Road in Derdepoort in the next financial year budget 2017/18.

3. That the Strategic Executive Director: Roads and Transport submit a progress

report to the Section 79 Standing Committee: Petitions by 10 May 2017. 12. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY RESIDENTS OF MABOPABE, BOIKHUTSONG: REQUESTING THE CITY OF TSHWANE TO ASSIST REGARDING SERVICE DELIVERY IN WARD 22, REGION 1 UNDER COUNCILLOR TB MOTAUNG

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners were present and were given the opportunity to address the Committee. After hearing the above and after discussion by the Committee, it was resolved as set out below. RESOLVED: 1. That cognizance be taken of the contents of this report.

2. That the Strategic Executive Director: Housing and Human Settlements and Re-

Aga-Tshwane fast track the formalization process of the area, so that the residents can receive permanent services.

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3. That the Strategic Executive Director: Housing and Human Settlements and Re-Aga-Tshwane submit a progress report to the Section 79 Standing Committee: Petitions by 10 February 2017.

13. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY RESIDENTS OF MORETELE VIEW: REQUESTING THE CITY OF TSHWANE TO ASSIST REGARDING THE INVASION IN WARD 28, REGION 6 UNDER COUNCILLOR PB ZITHA

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners as well as the Ward Councillor, Councillor PB Zitha were present and were given the opportunity to address the Committee. During thorough discussion, Councillor MA Makola proposed that recommendation 2 be amended as follows, which proposal was accepted by the Committee:

(Unaltered)

“2. That the Strategic Executive Director: Housing and Human Settlements fast track the process of relocating the illegal squatters to an alternative permanent place.”

In view of the above, the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report. 2. That the Strategic Executive Director: Housing and Human Settlements fast track

the process of relocating the illegal squatters to an alternative permanent place.

3. That the Strategic Executive Director: Housing and Human Settlements submit a progress report to the Section 79 Standing Committee: Petitions by 10 February 2017.

14. OFFICE OF THE SPEAKER:

PETITION SUBMITTED BY RESIDENTS OF AFRIFORUM: REQUESTING THE CITY OF TSHWANE TO ASSIST REGARDING ROAD LINKING IN WARD 96, REGION 2 UNDER COUNCILLOR JJ COETZEE

After the Chairperson put this matter for discussion at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, Mr P Robinson of Group Legal Services Department commented as follows in respect of the status of the road: As a result of frustration amongst the community, members of the community dug trenches in the road and they put notices up that they are going to close the road.

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However, if a car would drive over these trenches it might cause accidents, loss of life or damage to property. After investigations by Group Legal Services Department they took the matter to Court. The main aim of taking the matter to Court was to see to it that this road be accepted as a public road as the road was never proclaimed as a public servitude, although part of the road which combines Honingnestkrans and Soutpan Road was indicated on the title deeds of the respective farm properties, in other words the road goes actually over private property. Some of the residents claim that the road is going over their property and therefore they are entitled to close the road. Group Legal Services however indicated that they are not going to close the road. The Court then upheld the view of Group Legal Services that is a public servitude. There are three options to address the matter. The first option is a permanent closure of this road which is not feasible due to, amongst others, the following reasons:

• If the road is closed, there will not be a road to use as it will then be part of the farm properties.

• The main purpose of the road was to serve the farm owners and many people are using this road.

• The Council has certain services that needs to be rendered such as emergency services, Tshwane Metropolitan Services, fire brigade and ambulances.

The second option is in terms of section 66 of Ordinance 17 of 1939. In terms of this section the road can either be closed temporary or close the road for specific categories of vehicles. In both instances the rights and interest of the residents are being affected and in terms of the Promotion and Administration Justice Act the City of Tshwane has to embark on a public participation process to see how they (the City of Tshwane) can agree on conditions for the public servitude. However, more investigation needs to be done on how the road can be closed due to the fact that the complaints of the residents are justified. It must be borne in mind that this a dirt road and that there is a low water bridge on the road. The Strategic Executive Director: Roads and Transport must give guidance in this regard. The main problem in the area is the mining company that is operating in that area and the heavy vehicles of that mining company that is travelling on that road is causing the frustration of the residents. Part of the road that is the problem is the connection between two servitudes that serve as access to the different farm properties. There is a possibility that the road

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could be closed for certain categories and that the road be used for municipal services as the road concerned is not really serving another purpose. The mining company that is operating in the area is misusing the road as the road as well as the low water bridge was not built for the heavy vehicles of the mining company to travel on. Mr Robinson further mentioned that the business activities of the mining company is currently under investigation in respect of their license. In terms of their application the access to the company is not on this road. In view of the above information Mr Robinson therefore advised that Group Legal Services investigate the matter further, after a proper public participation process, and see how the City of Tshwane can agree with the members of the community that are affected on conditions to close the road for specific categories of vehicles in terms of Section 66. Further, that the City of Tshwane include these conditions as part of the national deed of servitude to be registered in the Deeds office. Mr Robinson then referred to recommendation 3 of the report and requested that more time be provided to submit the progress report to the Section 79 Standing Committee: Petitions to give the respective departments the opportunity to embark on a public participation process. He further mentioned that a report must be submitted to the Council with regard top the closing of the road in terms of section 66. Thereafter a public participation process can be conducted. In view of the request of Mr Robison, the Chairperson proposed that recommendation 2 be amended as follows, which proposal was accepted by the Committee:

(Unaltered)

“3. That the Strategic Executive Director: City Planning and Development submit a progress report to the Section 79 Standing Committee: Petitions by 10 April 2017.”

The petitioners and the Ward Councillor, Councillor JJ Coetzee, who was present, were given the opportunity to address the Committee. During further discussion on this matter Mr D Madumo of City Planning and Development Department indicated to the Committee that this Department was requested to investigate whether this was a public road or not. During his address Mr P Robinson clarified that the Court has ruled that this is a public servitude. In view hereof Mr P Robison requested that recommendation 3 be further amended to read as follows, which requested was acceded to by the Committee:

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(Unaltered)

“3. That the Strategic Executive Director: City Planning and Development, in conjunction with the Strategic Executive Director: Group Legal Services submit a progress report to the Section 79 Standing Committee: Petitions by 10 April 2017.”

In view of the above, the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. Cognizance be taken of the contents of the report. 2. That the Strategic Executive Director: City Planning and Development should

investigate the matter and establish whether the link road is legal public road or a servitude or a right of way registered in favour of limited property owners.

3. That the Strategic Executive Director: City Planning and Development, in

conjunction with the Strategic Executive Director: Group Legal Services submit a progress report to the Section 79 Standing Committee: Petitions by 10 April 2017.


PETITION SUBMITTED BY MR ALBERT MOGOTLANE, REGARDING PROPOSAL TO PURCHASE OR LEASE MUNICIPAL LAND AT MAMELODI EAST TO BUILD A SHOPPING MALL AND OFFICE PARK, WARD 18, REGION 6, COUNCILLOR MASEMOLA

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017 the petitioners as well as the Ward Councillor, Councillor VI Masemola were present and were given the opportunity to address the Committee. During thorough discussion of the official of Group Property Management Department commented as follows: In the past the Department received applications to acquire several portions of land in Mamelodi. However, those portions of land had already been transferred to Gauteng Provincial Government by the City of Tshwane at the request of Gauteng Provincial Government as the Provincial Government wanted to build a multi purpose vehicle hub on those portions of land. The City of Tshwane was then informed by Gauteng Provincial Government that they are no longer planning to build the multi purpose vehicle hub.

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In view of the fact that they (Gauteng Provincial Government) has received several applications by the residents of Mamelodi to acquire the land, the Provincial Government requested that the land be transferred back to the City of Tshwane. The report in respect of the transfer of the land back to the City of Tshwane has been drafted and it must be submitted to the relevant Committee of Council. Once the Council has approved that those portions of land should be transferred back to the City of Tshwane, the Council resolution will be communicated to Gauteng Provincial Government whereafter the Provincial Government will transfer the relevant portions of land back to the City of Tshwane. In view of the above comments the Chairperson proposed that recommendation 2 be amended as follows, which proposal was accepted by the Committee:

(Unaltered)

“2. That the Acting City Manager and the Strategic Executive Director: Group Property Management prepare a report on the lease or purchase of the property for the development of the mall, for the MMC to present in the next Mayoral Committee meeting and submit a progress report to the Section 79 Standing Committee: Petitions by 10 April 2017.”

In view of the above the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report. 2. That Acting-City Manager and the Strategic Executive Director: Group Property

Management prepare a report on the lease or purchase of the property for the development of the mall, for the MMC to present it in the next Mayoral Committee meeting and submit progress report to the Section 79 Standing Committee: Petitions by 10 April 2017.

3. That the developers should also submit proposals to purchase or lease the

property with motivations (plans) to the Strategic Executive Director: Group Property Management.

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16. OFFICE OF THE SPEAKER PETITION SUBMITTED BY COUNCILLOR S MPHAGA: REQUEST FOR 2 OR 3 SPEED HUMPS AND PEDESTRIAN CROSSING ON THE ROAD NEAR TSHENOLO DAY CARE CENTRE IN WARD 75, REGION 2 UNDER COUNCILLOR S MPHAGA

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the Petitioners as well as the Ward Councillor, Councillor S Mphaga, were present and were given the opportunity to address the Committee. During thorough discussion of this matter Mr F Lambert of Roads and Transport Department commented as follows: Traffic calming in respect of day care centers, churches and schools receive high priority. Officials of Roads and Transport Department will make sure on site if there are limitations. The request has to be worked into the budget for the next financial year. Roads and Transport Department will address it then as there are no funds available in the current financial year or if funds are received on the adjustment budget in the current financial year. Hereafter the Chairperson proposed that, in view of the fact that this is a day care centre recommendation 2 be amended to read as follows, which proposal was accepted by the Committee:

(Unaltered)

“2. That the Strategic Executive Director: Roads and Transport prioritize the erecting of a raised pedestrian crossing at the day care centre, either in this financial year if funds are available on the adjustment budget or in the next financial year.”

Further, Councillor MA Makola proposed the following recommendation which proposal was accepted by the Committee:

(Unaltered)

“4. That the Metro Police deploy officers on the road near the crèche to assist children when crossing the road during peak hours.”

The Section 79 Standing Committee: Petitions therefore resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report.

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2. That the Strategic Executive Director: Roads and Transport prioritize the erecting of a raised pedestrian crossing at the day care centre, either in this financial year if funds are available on the adjustment budget or in the next financial year.

3. That the Strategic Executive Director: Roads and Transport submit a progress report to the Section 79 Standing Committee: Petitions by 10 February 2017.

4. That the Chief of Police (Tshwane Metropolitan Police) deploy officers on the road near the crèche to assist children when crossing the road during peak hours.


PETITION SUBMITTED BY COUNCILLOR S MPHAGA: REQUEST FOR SEWER SYSTEM IN KUDUBE EXTENSION 5, HANS KEKANA VIEW, WARD 75, REGION 2 UNDER COUNCILLOR S MPHANGA

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners as well as the Ward Councillor, Councillor S Mphaga, was present and was given the opportunity to address the Committee. During his address Councillor Mphaga indicated to the Committee that he is in agreement with recommendation 2 of the report. However, when the project was presented to the community in 2016, it was presented by an official of Housing and Human Settlements Department as well as an official of Services and Infrastructure Department. During that presentation the officials indicated to the community that the sewerage system will be installed concurrently with the housing project due to the fact that outside toilets would not be constructed but that toilets would be built inside the RDP houses. The original petitions that was submitted addresses the sewer system as well as RDP houses. The recommendations of the report, however, only address the sewer system. In view of the above the Chairperson proposed that this petition be referred to the Strategic Executive Director: Housing and Human Settlements and that he submit a report in respect of the RDP houses to the Section 79 Standing Committee: Petitions as soon as possible, which proposal was accepted by the Committee. The Section 79 Standing Committee: Petitions therefore resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report. 2. That cognisance be taken that phase 1 has been completed in November 2016

and that phase 2 has been budgeted for 2017/18.

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3. That this petition be referred back to the Strategic Executive Director: Housing and Human Settlements and that he submit a report in respect of the RDP houses in Kudube Extension 5, Hans Kekana View, to the Section 79 Standing Committee: Petitions as soon as possible.


PETITION SUBMITTED BY COUNCILLOR SL SEDIBENG DEMAND FOR SERVICE DELIVERY BY RESIDENTS OF MATLEJOANE INFORMAL SETTLEMENT IN ATTRIDGEVILLE, WARD 72, REGION 3 UNDER COUNCILLOR SL SEDIBENG

RESOLVED: 1. That cognizance be taken of the content of this report. 2. That the Strategic Executive Director: Housing and Human Settlements and Re-

Aga-Tshwane Project fast track the formalization process of this informal settlements in order for the residents to receive permanent services.

3. That the Regional Executive Director: Region 3 investigate the possibility of

providing the informal settlements with chemical toilets and water tanks. 4. That the Strategic Executive Director: Housing and Human Settlements, Re-Aga-

Tshwane Project and the Regional Executive Director: Region 3 submit a progress report to the Section 79 Standing Committee: Petitions by 10 February 2017.


PETITION SUBMITTED BY COUNCILLOR IS MPHAGA: DEMAND FOR FORMALISATION OF CHRIS HANI EXTENSION 1 AND 2, WARD 75, REGION 2 UNDER COUNCILLOR S MPHANGA

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners as well as the Ward Councillor, Councillor S Mphaga, were present and were given the opportunity to address the Committee. During his address the Ward Councillor, among others, indicated the following: On 8 December 2017 he attended a meeting in respect of this petition. At that meeting stormwater problems was addressed. Officials of Roads and Transport Department (stormwater) indicated that they are going to investigate the incomplete stormwater project at Chris Hani between 8 December 2016 and the Section 79 Standing Committee: Petitions meeting of today, (i.e 19 January 2017) and the community expected a report with regard to the findings of the investigation of the officials of stormwater.

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Councillor Mphaga further mentioned that there is a hole for approximately one and a half years which is very dangerous. A primary school child fell into the hole and broke his arm. Dangerous reptiles crawl out of the pipes, especially after it has rained. However, there is no comments in the report with regard to the hole and the incomplete stormwater system from the Strategic Executive Director: Roads and Transport. In view of the fact that there was no official present at the Section 79 Standing Committee: Petitions to comment on the hole and the incomplete stormwater system, the Chairperson proposed as follows, which proposal was accepted by the Committee: That this matter be referred back and that the Strategic Executive Director: Roads and Transport submit a report to the Section 79 Standing Committee: Petitions at its next meeting to be held on 16 February 2017 in respect of the hole and the incomplete stormwater system in Chris Hani. The Section 79 Standing Committee: Petitions therefore resolved as set out below. RESOLVED: That this matter be referred back and that the Strategic Executive Director: Roads and Transport submit a report to the Section 79 Standing Committee: Petitions at its next meeting to be held on 16 February 2017 in respect of the hole and the incomplete stormwater system in Chris Hani. 20. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY COUNCILLOR SP MONTLHA: COMPLAINT REGARDING HIGH RATE OF ACCIDENTS ON THE HEBRON ROAD FROM RESIDENTS OF EXTENSION 3, 4 AND MARRY ME INFORMAL SETTLEMENT, WARD 37, REGION UNDER COUNCILLOR SP MONTLHA

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners as well as the Ward Councillor, Councillor SP Montlha were present and were given the opportunity to address the Committee. After hearing the above and during thorough discussion Councillor MH Matjene proposed that the following recommendations be added to the recommendations of the report, which proposal was accepted by the Committee:

(Unaltered)

“4. Metro Police Officers to be deployed at Hebron road as temporary measure.”

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In view of the above the Section Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report. 2. That the Strategic Executive Director: Roads and Transport engage with the

Gauteng Provincial Department on the repainting of faded road markings and consider erecting a raised pedestrian crossing at the entrance of Marry Me Informal Settlements.

3. That the Strategic Executive Director: Roads and Transport submit a progress

report to the Section 79 Standing Committee: Petitions by 10 February 2017.

4. That the Chief of Police deploy Metropolitan Police officers at Hebron Road as a temporary measure.


PETITION SUBMITTED BY RESIDENTS OF MAMELODI OLD VISTA: REQUESTING THE CITY OF TSHWANE TO RELOCATE THEM FROM THE AREA IN WARD 93, REGION 6 UNDER COUNCILLOR NR MASUPHA

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners as well as Ward Councillor, Councillor NR Masupha were present and were given the opportunity to address the Committee. After hearing the above and after thorough discussion by the Committee, the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report 2. That the Strategic Executive Director: Housing and Human Settlements investigate

the matter and determine whether there are plans to relocate the residents of Old Vista to a formalized area or to develop Old Vista to improve the living conditions of the residents.

3. That the Strategic Executive Director: Housing and Human Settlements submit a

progress report to the Section 79 Standing Committee: Petitions by 10 February 2017.

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22. OFFICE OF THE SPEAKER PETITION SUBMITTED BY RESIDENCE OF DANVILLE: REQUESTING THE CITY OF TSHWANE TO ASSIST WITH SERVICE DELIVERY IN WARD 55, REGION 3 UNDER COUNCILLOR FW VAN WYK

After the Chairperson put this matter for discussion at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, she indicated to the Committee that the Ward Councillor, Councillor FW van Wyk informed her that he would not be able to attend the meeting. The petitioners were present. After discussion the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report. 2. That the Strategic Executive Director: Housing and Human Settlements fast track

the issuing of tittle deeds with Housing and Human Settlements Department, Gauteng Provincial Government, to the relevant home owners so that the residents can be able to fix their houses and not be dependent on the Municipality.

3. That the Chief Financial Officer should issue a statement according to their house

numbers. 4. That the Chief of Police continue conducting regular patrols in the area. 5. That the Strategic Executive Director: Housing and Human Settlements submit a

progress report to the Section 79 Standing Committee: Petitions by 10 February 2017.


PETITION SUBMITTED BY COUNCILLOR LS MULAUDZI: PETITION TO STOP DEMOLITION OF OEVERZICHT COMPLEX BY ATTERBURY PROPERTIES IN WARD 81, REGION 3 UNDER COUNCILLOR LS MULAUDZI

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners as well as the Ward Councillor, Councillor LS Mulaudzi, were present and were given the opportunity to address the Committee. After hearing the above and after discussion by the Committee the Section 79 Standing Committee: Petitions resolved as set out below.

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RESOLVED: 1. That cognizance be taken of the content of this report. 2. That the Strategic Executive Director: Group Property Management and the

Strategic Executive Director: Group Legal Services should investigate the matter and find out who is the owner of the property and the terms of the lease.

3. That the Strategic Executive Director: Group Property Management and the

Strategic Executive Director: Group Legal Services submit a progress report by 10 February 2017.


PETITION SUBMITTED BY COUNCILLOR E NKOSI: REQUEST FOR RESURFACING OF THE TARRED ROAD IN WARD 29, REGION 1 UNDER COUNCILLOR E NKOSI

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting held on 19 January 2017, the petitioners as well as the Ward Councillor, Councillor FE Nkosi were present and were given the opportunity to address the Committee. During thorough discussion Councillor MA Makola proposed that recommendation 3 be amended as follows, which the proposal was accepted by the Committee:

(Unaltered)

“3. That the Regional Executive Director: Region 1 ensure that the potholes be fixed.”

In view of the above the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report. 2. That the Strategic Executive Director: Roads and Transport should investigate the

possibility of reconstructing the roads with a storm drainage system in the next financial budget 2017/18.

3. That the Regional Executive Director: Region 1 ensure that the potholes be fixed. 4. That the Strategic Executive Director: Roads and Transport and the Regional

Executive Director: Region 1 submit a progress report to the Section 79 Standing Committee: Petitions by 10 February 2017.

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25. OFFICE OF THE SPEAKER PETITION SUBMITTED BY COUNCILLOR H WEBER: REQUEST FOR INTERVENTION FROM AUTHORITIES TO PROCLAIM VACANT PIECES OF GROUND ON BOTH R25 NEXT TO THE RETIREMENT VILLAGES IN WARD 105, REGION 7, UNDER COUNCILLOR JT MAHLANGU

RESOLVED: 1. That cognizance be taken of the content of this report. 2. That the Chief of Police should enforce the by-laws and ensure that the elderly is

safe from health hazards. 3. That the Regional Executive Director: Region 7 investigate the possibility of leasing

the property to the retirement village for agricultural purposes.

4. That the Regional Executive Director: Region 7 submit a progress report to the Section 79 Standing Committee: Petition by 10 February 2017.


PETITION SUBMITTED BY COUNCILLOR ST MAILA: REQUEST FOR TARRED ROADS AT EXTENSION 19 AND 22 OLIEVENHOUTBOSCH, WARD 77, REGION 4 UNDER COUNCILLOR ST MAILA

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners as well as the Ward Councillor, Councillor ST Maila, were present and were given the opportunity to address the Committee. During thorough discussion Councillor MA Makola proposed that recommendation 3 be amended to read as follows, which proposal was accepted by the Committee:

(Unaltered)

“3. That the Regional Executive Director: Region 4 must prioritize the regravelling of the roads in the area on regular basis.”

In view of the above the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report. 2. That the Strategic Executive Director: Roads and Transport prioritise the

construction of the tarred road and storm water drainage system in the next current financial year budget 2017/18.

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3. That the Regional Executive Director: Region 4 must prioritise the regravelling of the roads in the area on a regular basis.

4. That the Strategic Executive Director: Roads and Transport and the Regional

Executive Director: Region 4 submit a progress report to the Section 79 Standing Committee: Petitions by 10 February 2017.


PETITION SUBMITTED BY COUNCILLOR M SUTHERLAND: OBJECTION TO THE CHURCH SITUATED AT IRIS STREET, HESTEAPARK, AKASIA IN WARD 98, REGION 1 UNDER COUNCILLOR M SUTHERLAND

RESOLVED: 1. That cognizance be taken of the content of this petition. 2. That the petition be closed pending the process of public consultation by Strategic

Executive Director: Group Property Management on the matter where petitioners and the Ward Councillor would be given opportunity to reject or approve the application.


PETITION SUBMITTED BY RESIDENTS OF ATTERIDGEVILLE EXT 17: REQUESTING THE CITY OF TSHWANE TO ASSIST REGARDING THE DEVELOPED AND UNDERDEVELOPED VACANT LAND IN WARD 07 AND 68, REGION 3 UNDER COUNCILLOR MS MASHOLA AND JM NGOBENI

Before commencement of the discussion of this matter at the Section 79 Standing Committee: Petitions meeting of 19 January 2017, the petitioners were present and were given the opportunity to address the Committee. After hearing the above and after thorough discussion by the Committee, the Section 79 Standing Committee: Petitions resolved as set out below. RESOLVED: 1. That cognizance be taken of the content of this report. 2. That the petitioners encourage their members to stop occupying land that is

earmarked for the development which will benefit them. 3. That the Strategic Executive Director: Housing and Human Settlements fast track

the formalization process so that the informal settlements can receive permanent services.

4. That in view of the above recommendations, this petition be closed.

annexure b 1 - tshwane · petition submitted by pillay: request for the city of tshwane to assist...

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