Gallery Update
GRAAFF-REINET NEWS - A large crowd gathered in front of the Graaff-Reinet Magistrates Court yesterday, 5 July to show their support for ANC Councillor Xolile Nzimkulu Galada.
On Tuesday 4 July Galada circulated a voice note on social media that the municipality is taking him to court because he is fighting for the community.
He added that the municipality is not only taking him to court, but community members as well. "Instead of fighting for the community, the municipality is taking us to court," he said.
This follows the ex parte motion that Dr Beyers Naude Local Municipality filed on 21 June for an interdict against Galada and eleven other people for their alleged involvement in the unlawful invasion of municipal property.
PHOTO GALLERY: Inwoners betoog buite die Graaff-Reinet magistraatshof
Facebook notice
Dr Beyers Naudé Municipality posted a notice on Facebook on 29 May stating it is aware of certain community members' intention to occupy municipal land.
The municipality cautioned the community to refrain from occupying land since it is not serviced and utilising it is illegal. The municipality warned that they would approach the High Court to prevent unlawful occupation. The property has been identified as Erf 4460, situated between Merino- and Aster Streets in Kroonvale, Graaff-Reinet.
Restraining order
The municipality has now requested an order against Galada and Maureen Malaya prohibiting and restraining them from "inciting or encouraging the sixth to twelfth respondents and any other person to enter upon the identified municipal property to construct dwellings thereon with the view of establishing an informal settlement or for any other purpose".
The municipality requested a Rule Nisi to be issued, calling on Galada, Malaya and the sixth to twelfth respondents to show just cause why a final prohibitory interdict on these terms should not be granted. Rule Nisi is a rule or order that is to become absolute unless cause is shown to the contrary.
Eviction order
In addition to this, the municipality also seeks an order for the eviction of respondents three, four and five and others from the municipal property on or before 31 July or as determined by the court. Respondents three, four, and five have been identified as Freek Adams, Geraldine Moorman and Portia Moos who, according to Municipal Manager Dr Edward Rankwana's founding affidavit in support of the application, have taken up residence on the property on 17 to 18 June and have been occupying it since. Respondents six to twelve are still unidentified.
According to Rankwana the actions of Galada and Malaya amount to promoting land grabbing or invasion of municipal land and unlawful.
March to court
On Wednesday residents of Ward 5 in Graaff-Reinet marched to the magistrate court in a show of strength against the final interdict sought by the municipality.
Sias Smith, convener of Action Save DBNLM Movement and People for Basic Rights Movement (P4BR), led the residents down Church Street and instructed the crowd to remain calm. The matter was postponed until 26 July with instruction that the municipality provide residents part of the application with legal representation. Residents cheered as they remain hopeful that they are a step closer to receiving long awaited housing. After the proceedings the crowd marched to the local ANC office to send a clear message of "Hands off Galada".
Municipal feedback
DBNLM spokesperson, Vuyisa Jantjies, explained that Council approved a Delegation Framework which gives management certain powers to act and expedite administrative processes. This places Rankwana in the lawful position to obtain a prohibiting court order to stop land invasion. "It's therefore only Council who can, by way of a resolution, stop management to exercise it's delegated powers. If Council chooses to do so, it must also indicate what will happen to the wasted legal costs incurred. In other words, who will take responsibility," Jantjies explained.
He is confident that the matter is dealt with great consideration for the community whilst safeguarding municipal property. "Inaction from the administration would mean dereliction of required duty in a matter like the one at hand."
Jantjies encouraged the community to uphold the law, by not occupying municipal land. The interim order prohibits anyone from doing so.
Zoned as open space
Regarding the establishment of an informal settlement on the land in question, Rankwana stated that the property is not suitable for the development of residential properties as there are no facilities to provide electricity, water, and sewage services. The property has also not been zoned for that purpose, but as open space to be used for recreational purposes. He stated that alternative municipal land has been made available at Riemvasmaak for an informal settlement and that services are available to persons who take up residence there.
Riemvasmaak
On Friday 23 June Graaff-Reinet Advertiser accompanied Sias Smith to Riemvasmaak informal settlement where more than a hundred households have taken up residence. Only three water tanks served the entire settlement and just four toilets were functional.
Graaff-Reinet Advertiser previously reported in an article, 'Riemvasmaak se rieme word styfgetrek' on 1 June, that Riemvasmaak has been receiving electricity through illegal connections. Smith is concerned that a further influx of people will have an adverse impact on the already dire conditions.
Previous article: Inwoners betoog voor Graaff-Reint-hof - "Hands off Galada"
On Wednesday 5 July residents of Ward 5 in Graaff-Reinet marched to the magistrate court in a show of strength against the final land invasion interdict sought by the municipality. Sias Smith, convener of Action Save DBNLM Movement and People for Basic Rights Movement (P4BR), led the march. Photo: Pieter Pienaar
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