streets
10 July 2007
The Public Protector Advocate Mabedle Lawrence Mushwana has recommended the
reopening of two streets that were closed in Galeshewe, Kimberly by landowners
whose properties encroached onto the roads.
Community representatives approached the Public Protector after failing to
get a positive response from the municipality regarding the closure of the two
streets Phakedi and Palweni in Galeshewe ext 1, Kimberley, Northern Cape. The
municipality admitted that portions of the land in question were improperly
allocated to the two owners. The owners then decided to put up walls around
their properties, effectively closing off the roads.
Representatives of the community complained that the closure of the roads
hampered residents' right to free movement and disrupted the delivery of
essential and emergency municipal services such as ambulances, mail delivery,
fire brigade, and police services. The closure also created confusion and
difficulty to access communities as essential services turned back when they
found the roads closed.
During the investigation, the Public Protector found that the municipality
had passed a resolution to purchase that portion of land from the landowners so
that they could reopen the streets. But one of the landowners withdrew his
offer to sell, saying the municipality should purchase the entire site and not
just a small portion.
The Public Protector recommended that the municipality should take all steps
necessary to ensure the immediate reopening of the streets and ensure that its
progress with the matter is communicated to communities. The council should
consider improving the state of the two roads, including tarring them.
"In the event of lack of cooperation from the site occupants, the
Municipality should consider taking all reasonable steps, including
expropriation as regulated in terms of section 25(2)(a) of the Constitution, to
speed up progress on the matter," Mushwana said.
The Public Protector will monitor the implementation of recommendations. The
Public Protector's office is established in terms of the Constitution of South
Africa. It strengthens our young constitutional democracy through, among
others, investigating maladministration, delays in service delivery, and
allegations of impropriety or prejudice by public administration in any sphere
of government.
It is an office of last resort, meaning that all other avenues to address a
complaint must be exhausted before the Public Protector is approached. It does
not investigate court decisions and its services are free.
For more information contact:
Charles Phahlane
Tel: 012 366 7006
Cell: 082 856 8188
Issued by: Office of the Public Protector
10 July 2007
Source: SAPA
