Cape Town - A territorial dispute over the sale of public land to the Flandorp Family Trust is far from over, as residents want closure on the decisions and clarity on the agreement between the Western Cape government and the Western Cape Education Department to use the land when it is needed.
Table View residents believe there were irregularities in the rezoning and sale of the land, and want it to be returned to the education department for the benefit of the community. The half-hectare of land was sold for R150 000 provided that the trust built an access road on it for the benefit of the community.
According to reports, Flandorp asked to purchase the piece of land near Sunridge Circle High School when its land claim was approved. It was then transferred to them as part of the land restitution process overseen by the national Department of Agriculture, Land Reform and Rural Development.
"The land claimants requested an additional 10m sliver of land from the adjacent erf 9556 Milnerton for their development purposes, which was duly disposed to the land claimants following due process and public participation. The land was valued in terms of its zoning and use, and the Western Cape government has subsequently imposed a condition on the land, as part of the city’s planning approval process, to ensure that the (Western Cape Education Department) may continue to access the sliver of land if and when (it is) needed for services," said Regan Thaw, spokesperson for the Western Cape government.
"The Western Cape government stands by its commitment to redressing the injustices of the past. One way we are doing this is through land restitution, which this specific case is about. We believe this will restore the dignity of those people who were affected," added Thaw.
Greater Table View Action Forum chairperson Karen Davis said the decision by the government had been premature, as the matter was still at the appeal stage. She said authorities had excluded the public in making its decisions to sell the land. The community was "in desperate need of schools", and the land was required to be used for the benefit of all.
"There have been no official meetings, and hence we call for a platform to have an open dialogue around this matter and have the basis of the decisions tabled before everyone. That decision was premature, and it's not even clear what it means in terms of land allocations," said Davis.
Spokesperson for the Department of Public Works Jandre Bakker said the education department had agreed to give up this sliver of land and the remainder of 5.25ha was currently being utilised by the Sunridge Circle High School.
"The Western Cape government has imposed the condition that the (department) may access the sliver of land for services and access, if so needed."
Heather Kensley, from the Sunridge Action Group, said the City of Cape Town had smoothed the way for the rezoning by accepting a land use application in respect of the land while it was still in public ownership; failing to highlight the need for a road and services, despite the fact that it was aware of this requirement; placing the incorrect mail address on the decision letter; making it impossible for residents to appeal the decision; and ignoring the wetland on the land so that this was not considered by the municipal planning tribunal.
She said the land had never been intended for residential development, yet had now been sold below market value for such a project.
City spokesperson Luthando Tyhalibhongo confirmed that the property had been reflected as a community zoning one, and that an application had been served before the municipal planning tribunal on July 5.
“The application is currently in the appeals phase, meaning the applicant has until November 16 to submit comments in reply to the objections to this application,” said Tyhalibhongo.
On behalf of the trust and PlanTrust Development, Christene Havenga said: "We confirm the trust respects the process and shall abide by the final decisions, from relevant authorities, relating to land restitution and town planning.”