ATC240223: Report of the Portfolio Committee on Public Works and Infrastructure on a petition tabled by Mr IS Seitlholo, Democratic Alliance, dated 21 February 2024

Public Works and Infrastructure

Report of the Portfolio Committee on Public Works and Infrastructure on a petition tabled by Mr IS Seitlholo, Democratic Alliance, dated 21 February 2024

 

The Portfolio Committee on Public Works and Infrastructure, having considered the petition published in the Announcements, Tablings, and Committee Reports (ATC) dated 04 October 2023 lodged by Hon Mr IS Seitlholo, Member of Parliament (MP) for the Democratic Alliance (DA), calling on the Assembly to:

“Request the Department of Public Works and Infrastructure to investigate the petition from residents of Waterloo Green, Wynberg, in Cape Town, calling on the Assembly to investigate a request for the demolition of two derelict houses owned by the Department of Public Works and Infrastructure in Waterloo Green, which have become a haven for criminal activities and pose potential security risks to residents.”,

reports as follows:

 

National Assembly Rule 347(1) determines that a petition “must be lodged by a Member with the Secretary for approval and tabling by the Speaker and must be signed at the beginning thereof by the Member.”  National Assembly Rule 348 states that in case of general matters (other than financial) after approval by the Speaker, the petition is tabled, and as in Rule 350(b), referred to the relevant committee.

 

The petition requests an investigation that would provide for the demolition of two houses, located in the Waterloo Green, to address the reported immovable assets posing a security risk to the residents in the area. The Speaker tabled and referred the petition to the Portfolio Committee on Public Works (the committee) as per the stated Rules of the National Assembly, on 04 October 2023.

 

1. Processing the Petition

This Report is based on information collected in a meeting of the Committee held on 15 November 2023. It was attended by the petitioner, a local government councillor, and two community members and officials of the Department of Public Works and Infrastructure Cape Town Regional Office (CTRO).

The aim of the meeting was to collect relevant information, identify constraints, make observations, and assist the relevant parties with recommended actions as per the petition.

The problem sketched was one of the community and the far-flung communities attached to the four-school campus of Wynberg Boys and Girls Junior and High Schools and their sports facilities, facing significant risk.

Views expressed during the meeting of 15 November 2023:

The Committee met to collect the relevant information from the petitioner (MP, Mr. S. Seitlholo), a Cape Town City Councillor, community members, and the Department of Public Works and Infrastructure (DPWI).

The Committee noted that the information in this report lacked the requested written information from the DPWI as custodian of the properties, specifically its Cape Town Regional Office (CTRO).

To process the petition, the Committee used the relevant information captured, including the oral report of the CTRO, during the meeting for the purpose of recommending future action and reporting to the National Assembly.

1. Views of the petitioner and community

The petitioner and community members stated that the state of the properties and the negative social actions of illegally invading properties and land, drug use, prostitution, and crime caused the devaluation of their properties. It severely impacted the lives of their families, children and pupils of the neighbouring four-campus schools of Wynberg Boys and Girls Junior and Secondary Schools. Drug paraphernalia was strewn along the roads and it was not good for young people to be confronted with these signs of social ills.

A female community member stated that she felt so unsafe that she could no longer jog or exercise in her road for fear of what might happen as she had to pass the mentioned derelict properties.

A community member who was an estate agent by profession mentioned that the two properties and the land was of high value and instead of it lying unused, government should ‘let the property earn money.’ Putting it on the market could fetch a high price that had to be considered. If the DPWI did not want to sell it, government could demolish the properties, and repurpose the land and lease it as a parking lot for the use of the four-school campus.

Verbal Report from the DPWI Cape Town Regional Office (CTRO)

The DPWI CTRO manager reported that their office was aware of the complaints from the Waterloo Green and Wynberg community and agreed that action was required to deal with the derelict properties and the social ills that caused these grievances.

In its attempts to deal with the reported matter the CTRO investigated various possibilities other than demolishing or selling the two properties.

The CTRO reported that it was collaborating with the South African National Defence Force (SANDF) offices stationed at the Wynberg Military base. The SANDF showed interest in the properties being renovated as offices and parking space for the SANDF staff. Similarly, it engaged with the neighbouring South African Police Service (SAPS) Wynberg Office that previously leased part of the property on the possibility of using it again. The CTRO did not report on any positive outcomes in this regard.

The CTRO reported that it was in reasonably advanced stages of dealing with the deteriorated properties. The Committee could not verify this claim as it did not receive the requested written record of the steps that was verbally reported. The CTRO claimed that it had recently boarded up part of the properties and removed dirt that accumulated. It stated that even though this was a temporary measure, the community needed to be aware that the efforts of the CTRO was on-going but that it took time to decisively deal with the matter.

The DPWI CTRO stated that its first option was to protect the two houses as it held heritage value. After this, the properties needed to be assessed and fixed according to the report of the Western Cape Heritage Council (WCHC). The WCHC reportedly informed the CTRO that before doing anything, the first step required that a heritage specialist needed to investigate the extent of damage to each house. The DPWI CTRO had to procure the services of heritage specialists who could perform this task. The CTRO reported that it was in the process of procuring such services.

The CTRO further made it clear that as the legal custodian of government property, the DPWI would prefer to keep the properties, renovate it, and ensure that it was used for the public good. It was therefore in agreement with the sentiment from the community and the petitioner that the properties had to be put to use for public purpose in the public interest.

Committee Decisions Towards Action

The Committee enquired about and heard that the CTRO had written information regarding the processes it reported to the Committee. The Chairperson indicated that the CTRO had to prepare all the relevant information such as mentioned responses from the South African Police Services (SAPS), South African National Defence Force (SANDF), Western Cape Heritage Council, medical doctors and the Department of Health, and City Council of Cape Town. This was in reference to the verbal responses that the CTRO provided on work it had reportedly done with regard to the derelict properties.

The Committee emphasised that all relevant information, including previous undertakings by Acting Directors-General on the matter, had to reach the Committee in verified written form, on a clear plan setting out actions with dates when it was done, and by whom, to enable its preparation of recommendations for reporting to the National Assembly.

The Committee instructed the information to be sent to the Committee Secretary by the end of business on 22 November 2023 for inclusion in this report. This would have enabled the report to be drafted for consideration seven days after, thus on Wednesday 29 November 2023.

During the meeting, Members expressed disappointment that the DPWI did not prepare a presentation of its reported ongoing work to deal with the derelict properties at Waterloo Green, Wynberg. Unfortunately, the trend of non-cooperation continued as the CTRO did not send the requested information to the Committee.

 

Member Statements

Members made the following statements on the matter:

1. Regarding the option to demolish and subdivide the land, Members stated that it was important to note that the national government could not make land planning decisions such as subdivision of properties as this power vested with the local government, that is, the City Council of Cape Town (City Council).
2. Furthermore, as reported by the DPWI CTRO manager, in its attempts to deal with this matter, the CTRO investigated various possibilities other than demolishing the two properties. The first option was to protect the properties as they held heritage value and follow the procedures as directed by the WCHC.
3. The Committee agreed with the WCHC directive that the DPWI required a heritage specialist to investigate the extent of damage to each house. This meant that prior to any other options being considered, the DPWI CTRO had to procure the services of heritage specialists who could perform this task.
4. In response to the community’s assertion that the land had high value and that the DPWI should consider putting it on the market, or leasing the land as parking lot to the four campus Wynberg schools, Members emphasised that instead of merely thinking of selling the property on the private market, sub-dividing, demolishing for the use of a well-resourced public school; it was important to think of the challenge as one that affects more than just the community of Waterloo Green and Wynberg.
5. The derelict houses caused social problems that was broader than just the Waterloo-Green and Wynberg community. The scourge that this community had on its doorstep of illegally invading properties, drug use, prostitution, and crime, required a broader, more social developmental approach than merely thinking of reaping profit. It could also not be correct to first think of well-resourced schools reaping benefit from these properties and the land on which they are situated.
6. The Committee stated that section 25, the property clause in our Constitution, clearly states that no one should be deprived of property - and even where property is to be taken (expropriated) in a situation where land or property is to be ensured for use, - it should be firstly considered “for public purpose or in the public interest.”
7. Where property in the custody of government were possibly abused against the public interest, it makes it urgent for the DPWI CTRO to take decisive action. In this case, the first step should be the procuring the services of the heritage specialist mentioned by the WCHC, so that the process can lead to a change in the current situation.
8. The committee was deeply concerned at the lethargic manner in which the CTRO was dealing with this matter. The fact that it did not send any written information setting out the steps that were taken in relation to the properties, was of serious concern to the Committee.
9. The Committee urged immediate action from the DPWI nationally and the CTRO to initiate remedies that fit the complaints of the community.
10. This was a socio-economic developmental matter that was directly related to the scourge of the triple challenge of poverty, unemployment, and inequality.
11. As difficult as it might be, this forced the Waterloo-Green, Wynberg community to actively participate in seeking on-going sustainable solutions to the deep-rooted triple challenge that includes social ills such as vagrancy, homelessness, prostitution, and drug abuse.
12. The Committee is convinced that all, - including this community and the four-campus schools, - should be involved in, and participate in a broader social advancement programme if the DPWI CTRO renovate, reconstruct and avail the properties for public purpose and public interest for the public good.

 

Recommendation

Having considered the petition and emerging information from the Waterloo Wynberg residents and the verbal report from the DPWI CTRO, the Committee recommends that the Minister of Public Works and Infrastructure:

investigate and report to the Committee on a funded project for the remaining derelict properties and built-up structures on the relevant land to be renovated to establish holistic substance use prevention and rehabilitation centres that provide related services in the Waterloo Green, Wynberg area to serve the community, learners of the four-campus schools, and the broader Wynberg and Cape Flats communities.

 

Report to be considered.