WEEKEND ARGUS / 10 DECEMBER 2017, 08:00AM / BULELWA PAYI


EFF Provincial Chairman, Bernard Joseph
A land battle is looming in Stellenbosch as several influential and wealthy families stand accused of encroaching on public land, parts of which are a national monument.
The municipality is also alleged to have allowed the families, including the Anton Rupert Trust, to develop Millstream, commonly known as Meulsloot, for years.
Now the Economic Freedom Fighters (EFF) have asked the Western Cape Director of Public Prosecutions, advocate Rodney De Kock, to launch an investigation into the alleged encroachment. The EFF said it was “theft of public land by white monopoly capital”.

The EFF and a non-profit organisation, the Centre for Democratic Rule, also appointed a land surveyor to establish the extent of the encroachment. The report highlighted the legal boundaries of the Meulsloot and the alleged encroachments.
The report said the land was currently zoned a public open space in terms of the zoning scheme regulation which provided for park, public garden, square, sports field, children’s playground and amusement park, and access to the land should not be limited.

However, the report also noted that the boundaries of the adjacent properties had shifted to encroach on the Millstream, through various forms, which included the erection of unauthorised foot bridges, fences which enclosed private gardens and closed off some parts of Millstream, and other structures.
The EFF has also called on De Kock to institute criminal charges against the municipality.
“We will give him some time to conduct the probe before we decide on the next course of action. People are angry and if the encroachment had been done by people who are of another race, harsh action would have been meted out, including a court interdict,” said EFF Western Cape chairman Bernard Joseph.
Joseph accused the DA-run municipality of “aiding and abetting” “theft of public land” by failing to take action against property owners who included Watervoorbijt Trust, Gilliomee Family Trust and the Anton Rupert Trust.
The organisation said the municipality hired a team of consultants in 1999 to conduct an investigation into the Meulsloot – erf 1771, and the report allegedly noted some “illegal” encroachment and fencing which was not authorised by the municipality.

According to the EFF, the municipality was then advised to meet with the parties involved in respect of the encroachments but nothing was done until 2016 when letters were sent to the respective owners to demolish the structures.
However, no action had been taken yet.

Some parts of the Meulsloot have been declared a national monument and the EFF accused the property owners of using it for their “own private benefit”.
“The Meulsloot is created for public enjoyment and not for private use. This a serious matter and it sends out a message to citizens within the municipality that some can ignore the laws of the county, utilise state land for their own benefit free of charge and get away with it,” Joseph said.
He warned that should the situation continue, the EFF would mobilise its members to “proceed” to all public spaces in the Stellenbosch areas such as the Meulsloot, university grounds, Coetzenburg and Die Braak” and “allow people access to land they deserve”.

The EFF called on the municipality to remove the encroachment structures and to lay criminal charges against “offending” individuals and nominated trusts.
Stellenbosch municipal manager Geraldine Mettler said the matter would be tabled at the next council meeting in January 2018.
Mettler said the EFF was aware that a process was in place and that the municipality had “actively” been dealing with it since it was presented to the current mayor.
“This is a very complex factual and legal matter. It involves a long history dating back decades, some as far as 1902, and various stakeholders, including the University of Stellenbosch,” he added.
She denied that all the properties where encroachment had occurred adjoined erf 1771.
“The encroachment onto municipal land and structures put up stemmed from various agreements over the years with the municipality.
“It is therefore critically important that the facts be verified in each case and be considered on its own merits,” Mettler added.
She said the municipality would co-operate with any investigation.

 

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