Annexure A.1 : Item 2 – Transfer of funds within the capital programmes of Water and Sanitation and Roads and Storm Water
Mr Speaker
This item essentially informs Council that the tender process for the doubling of Simon Vermooten, which is already two years behind schedule and which will have important implications for mobility in the east of Pretoria, has failed. The first phase of the upgrading will therefore be delayed by a further year, until FY 2009/10 and the resultant cost to the city will increase exponentially. We argued at the time of the decision to proceed with Simon Vermooten that major beneficiaries such as the Ford Motor Company should contribute to the project, but these suggestions were not followed up and not a cent will be forthcoming from Ford for what is now likely to be a R 50m+ project, if it indeed happens.
Mr Speaker, we understand that contractors are in short supply and that the glut in government infrastructure projects has caused dramatic price increases, but this surely does not preclude ensuring that a successful tenderer is obliged to perform within the parameters of the bid framework. True, the unspent funds will be utilized in another capital programme -hopefully- but if this process of shifting budget allocations on whatever pretext continues, a number of important projects will simply fall by the wayside or be left to compete for other funding sources.
The traffic situation in the Willows/Equestria/Nelmapius/Silver Lakes area is already extremely frustrating and new developments along the N4 will soon make access from the east even more difficult.
Thank you
Councillor Justus de Goede
Spokesperson : Roads, Stormwater, Public Transport and Airports
Democratic Alliance
City of Tshwane Metro Municipal Council
Cell : 083 733 2557
RESPONSE TO ITEM 12, PP. 33-37, ANNEXURE A, SECOND REPORT ON RESOLUTIONS OF THE MAYORAL COMMITTEE, PRESENTED AT THE COUNCIL MEETING OF 31 JULY 2008
PROF DC BAKER - CLR WARD 46
Mr Speaker, this report deals with disaster management during the floods of January 2008. All those involved in alleviating the suffering of the least fortunate of our citizens are to be commended for their hard work, dedication and a job well done. I will not detract one iota from what they did during these floods. However, Mr Speaker, the report provides at best a glimpse at what is in store for us as the effects of global warning leads to more extreme weather conditions. Allow me to inform the house that I grew up in Grahamstown and on more than one occasion witnessed the Kowie river, which flows through the town, converted into a raging rampaging flood tearing all before it. I have also witnessed the effects of floods in Port Elizabeth, and elsewhere.
Mr Speaker, the Moreleta Spruit and its tributaries meander through significant portions of Ward 46. Most of the time we have a mere trickle of water. However, during December 2006, we witnessed a raging torrent which threatened at times to engulf some properties lying near the 1:50 year floodline. But this was small potatoes so to speak compared to some 30 years ago when the floods reached truly devastating proportions in Lynnwood Glen.
So what is the point of my telling you all this? Mr Speaker, our City has seen incredible, and dare I say, rampant ad hoc densification to the east. The ability of vegetated ground to absorb water and to release it slowly has been severely compromised by the hectares and hectares of hard paving resulting from these developments. Most of these developments, if any, do not have flood amelioration built into their designs whereby excess water arising from extremely heavy downpours would be held on the property by a set of “weirs” and slowly released downstream.
The net effect is that we have an increasing propensity for flash flooding. The awesome truth of the matter is that those who would be worst affected would be the poorest of the poor who, as in many communities all over the world, occupy the only unused land – the flood plains. Cape Town is an example of this. Flooding occurs every winter, so their misery is compounded by the cold.
Many of the properties which were built above the 1:50 year floodlines several years ago are in all likelihood well below the new 1:50 year floodlines calculated to take into account the more rapid runoff after rain. Mr Speaker, it is integral to good planning for disaster relief during floods that the City should recalculate the 1:50 and 1:100 floodlines, taking into account the new developments. I would dare to suggest that the new building codes should make it illegal to build below the 1:100 year floodlines as indicated by the redrawn maps. Failure to do so could raise the spectre of public liability on the part of the City.
Mr Speaker we have a potential disaster in waiting. I know from personal experience that one can shelter from a tornado, and that one can with very hard work put out bush fires. However of the three elements, air, fire and water, water is the most intractable to deal with, as the USA discovered again recently. Our Disaster Management Center should update its plans for coping with this threat of nature. Preparedness on their part can and must protect citizens of all walks of life who live in or near low lying areas. The City’s budget must be such that the Center will be able to respond immediately. We are fortunate that we have dedicated men and women, as witnessed by the recent Kruger Park fire, who will put their lives on the line for others. We MUST afford them every opportunity to do so effectively and safely. The bad news is that we will get such exceptional floods, and what is more we cannot at this stage predict when this will happen.
I thank you Mr Speaker.
NATIONAL BUILDING REGULATIONS AND TOWN PLANNING SCHEME CONTRAVENTIONS
CLLR B.J WANNENBURG
The illegal businesses in Ward 50, especially along Zambezi Drive (K Route) and Braam Pretorius is of great concern to the local residents. The perception of the residents is that the Tshwane Metro is doing nothing about the situation in spite of their own by-laws that prohibit it.
Numerous discussions have been held with various officials and MEC’s without any success during the past 3years. A petition was also sent to the Speaker more than 2 years ago in this regard.
The Ward Committee recommends that the legislation or application regarding illegal businesses should be amended. Illegal businesses should be closed down after a notice has been served upon them and they appeared before the magistrate.
At present they pay an admission of guilt and are then allowed to apply for rezoning. While this takes place, which is usually for months, they continue with their illegal dealings. This is in a part violation of an established legal principle that when attaining a goal in one way is forbidden to a party, he/she should not be allowed to reach it in another.
Alternatively, the question arises: why does the city of Tshwane not follow the civil route to get interdicts in the civil courts / magistrates courts against the convicted business owners? We realize that it costs money to obtain these interdicts, but is it not more important that justice is seen to being done?
The magistrate is bound in terms of the High Court decisions to rule that the applicants activities are illegal, that he/she should immediately cease operations and restores the premises as they were before the offence was committed.
Mr. Speaker, would you kindly investigate this matter and help us solve this problem, which is causing great problems for the residents in our ward. They feel that their existing rights are being violated and that the City council is leaving them in the bush. According to the original town development conditions, the properties along Zambezi Drive (between Lavender and Aldo Road) where there are no service roads do not have access to Zambezi Drive. The question arises: how are the allowed to access Zambezi Drive?
During the fist quarter of 2007 we had a meeting with Adv. Mark Christian of the Municipal Courts and he informed us the he and Mr. Isak Beukes (his immediate head) had agreed and obtained permission to obtain interdicts in the Magistrates Court against those illegal businesses who had paid their admission of guilt fines. In other words, they admitted their wrong doings. This would be much cheaper for the Tshwane Metro than having to go to the High Court. They then handed over this matter to various lawyers in June / July 2007 to obtain interdicts against these illegal businesses that had already pad admission of guilt fines. Adv. Mark Christian has since left the service of the Tshwane Metro and his position has been filled by a lady. She apparently does not agree with the process and to date no interdicts have been served on these illegal businesses that paid admission of guilt.
The matter was discussed with Mr. Isak Beukes, during 2007 because nothing had been done and to date nothing has still been done.
I have been fighting the application of Erf 528 (VVV Motors) and Erf 522 (Trevor Beck) for about 2 years now. And both these matters are still dragging on.
Another example is Erf 270 and Erf 271, Zambezi Ave: In March 2008 a petition was submitted to the petitions committee. I received a letter stating that the matter will be referred to the heads of departments to report on the matter. The head of the legal and secretarial services was as follows:
“The recommendations are supported since it transpires from the comments submitted the SEO: City Planning and the Ward Councillor that the CoT responded appropriately to the needs of the local community involved and instituted the necessary actions to address the grievances of the petitioners and to rectify the situation as required by Section 6(2)(a) of the Municipal Systems Act, 32 of 2000”
The outcome of this meeting was that another meeting is to be held and feedback be given to me. At this point I am not aware of any such meeting been held. After the petition, this application should have been denied.
The only logical conclusion that can be reached is either that the officials are highly incompetent or that the politicians are preventing them from doing their duty.
Not withstanding all our endeavours the Tshwane Metro continues to ignore the pleas of the residents of ward 50.
Cllr. Ben Wannenburg
Ward 50
Tel: 012 546 0410
Mr Speaker
This item essentially informs Council that the tender process for the doubling of Simon Vermooten, which is already two years behind schedule and which will have important implications for mobility in the east of Pretoria, has failed. The first phase of the upgrading will therefore be delayed by a further year, until FY 2009/10 and the resultant cost to the city will increase exponentially. We argued at the time of the decision to proceed with Simon Vermooten that major beneficiaries such as the Ford Motor Company should contribute to the project, but these suggestions were not followed up and not a cent will be forthcoming from Ford for what is now likely to be a R 50m+ project, if it indeed happens.
Mr Speaker, we understand that contractors are in short supply and that the glut in government infrastructure projects has caused dramatic price increases, but this surely does not preclude ensuring that a successful tenderer is obliged to perform within the parameters of the bid framework. True, the unspent funds will be utilized in another capital programme -hopefully- but if this process of shifting budget allocations on whatever pretext continues, a number of important projects will simply fall by the wayside or be left to compete for other funding sources.
The traffic situation in the Willows/Equestria/Nelmapius/Silver Lakes area is already extremely frustrating and new developments along the N4 will soon make access from the east even more difficult.
Thank you
Councillor Justus de Goede
Spokesperson : Roads, Stormwater, Public Transport and Airports
Democratic Alliance
City of Tshwane Metro Municipal Council
Cell : 083 733 2557
RESPONSE TO ITEM 12, PP. 33-37, ANNEXURE A, SECOND REPORT ON RESOLUTIONS OF THE MAYORAL COMMITTEE, PRESENTED AT THE COUNCIL MEETING OF 31 JULY 2008
PROF DC BAKER - CLR WARD 46
Mr Speaker, this report deals with disaster management during the floods of January 2008. All those involved in alleviating the suffering of the least fortunate of our citizens are to be commended for their hard work, dedication and a job well done. I will not detract one iota from what they did during these floods. However, Mr Speaker, the report provides at best a glimpse at what is in store for us as the effects of global warning leads to more extreme weather conditions. Allow me to inform the house that I grew up in Grahamstown and on more than one occasion witnessed the Kowie river, which flows through the town, converted into a raging rampaging flood tearing all before it. I have also witnessed the effects of floods in Port Elizabeth, and elsewhere.
Mr Speaker, the Moreleta Spruit and its tributaries meander through significant portions of Ward 46. Most of the time we have a mere trickle of water. However, during December 2006, we witnessed a raging torrent which threatened at times to engulf some properties lying near the 1:50 year floodline. But this was small potatoes so to speak compared to some 30 years ago when the floods reached truly devastating proportions in Lynnwood Glen.
So what is the point of my telling you all this? Mr Speaker, our City has seen incredible, and dare I say, rampant ad hoc densification to the east. The ability of vegetated ground to absorb water and to release it slowly has been severely compromised by the hectares and hectares of hard paving resulting from these developments. Most of these developments, if any, do not have flood amelioration built into their designs whereby excess water arising from extremely heavy downpours would be held on the property by a set of “weirs” and slowly released downstream.
The net effect is that we have an increasing propensity for flash flooding. The awesome truth of the matter is that those who would be worst affected would be the poorest of the poor who, as in many communities all over the world, occupy the only unused land – the flood plains. Cape Town is an example of this. Flooding occurs every winter, so their misery is compounded by the cold.
Many of the properties which were built above the 1:50 year floodlines several years ago are in all likelihood well below the new 1:50 year floodlines calculated to take into account the more rapid runoff after rain. Mr Speaker, it is integral to good planning for disaster relief during floods that the City should recalculate the 1:50 and 1:100 floodlines, taking into account the new developments. I would dare to suggest that the new building codes should make it illegal to build below the 1:100 year floodlines as indicated by the redrawn maps. Failure to do so could raise the spectre of public liability on the part of the City.
Mr Speaker we have a potential disaster in waiting. I know from personal experience that one can shelter from a tornado, and that one can with very hard work put out bush fires. However of the three elements, air, fire and water, water is the most intractable to deal with, as the USA discovered again recently. Our Disaster Management Center should update its plans for coping with this threat of nature. Preparedness on their part can and must protect citizens of all walks of life who live in or near low lying areas. The City’s budget must be such that the Center will be able to respond immediately. We are fortunate that we have dedicated men and women, as witnessed by the recent Kruger Park fire, who will put their lives on the line for others. We MUST afford them every opportunity to do so effectively and safely. The bad news is that we will get such exceptional floods, and what is more we cannot at this stage predict when this will happen.
I thank you Mr Speaker.
NATIONAL BUILDING REGULATIONS AND TOWN PLANNING SCHEME CONTRAVENTIONS
CLLR B.J WANNENBURG
The illegal businesses in Ward 50, especially along Zambezi Drive (K Route) and Braam Pretorius is of great concern to the local residents. The perception of the residents is that the Tshwane Metro is doing nothing about the situation in spite of their own by-laws that prohibit it.
Numerous discussions have been held with various officials and MEC’s without any success during the past 3years. A petition was also sent to the Speaker more than 2 years ago in this regard.
The Ward Committee recommends that the legislation or application regarding illegal businesses should be amended. Illegal businesses should be closed down after a notice has been served upon them and they appeared before the magistrate.
At present they pay an admission of guilt and are then allowed to apply for rezoning. While this takes place, which is usually for months, they continue with their illegal dealings. This is in a part violation of an established legal principle that when attaining a goal in one way is forbidden to a party, he/she should not be allowed to reach it in another.
Alternatively, the question arises: why does the city of Tshwane not follow the civil route to get interdicts in the civil courts / magistrates courts against the convicted business owners? We realize that it costs money to obtain these interdicts, but is it not more important that justice is seen to being done?
The magistrate is bound in terms of the High Court decisions to rule that the applicants activities are illegal, that he/she should immediately cease operations and restores the premises as they were before the offence was committed.
Mr. Speaker, would you kindly investigate this matter and help us solve this problem, which is causing great problems for the residents in our ward. They feel that their existing rights are being violated and that the City council is leaving them in the bush. According to the original town development conditions, the properties along Zambezi Drive (between Lavender and Aldo Road) where there are no service roads do not have access to Zambezi Drive. The question arises: how are the allowed to access Zambezi Drive?
During the fist quarter of 2007 we had a meeting with Adv. Mark Christian of the Municipal Courts and he informed us the he and Mr. Isak Beukes (his immediate head) had agreed and obtained permission to obtain interdicts in the Magistrates Court against those illegal businesses who had paid their admission of guilt fines. In other words, they admitted their wrong doings. This would be much cheaper for the Tshwane Metro than having to go to the High Court. They then handed over this matter to various lawyers in June / July 2007 to obtain interdicts against these illegal businesses that had already pad admission of guilt fines. Adv. Mark Christian has since left the service of the Tshwane Metro and his position has been filled by a lady. She apparently does not agree with the process and to date no interdicts have been served on these illegal businesses that paid admission of guilt.
The matter was discussed with Mr. Isak Beukes, during 2007 because nothing had been done and to date nothing has still been done.
I have been fighting the application of Erf 528 (VVV Motors) and Erf 522 (Trevor Beck) for about 2 years now. And both these matters are still dragging on.
Another example is Erf 270 and Erf 271, Zambezi Ave: In March 2008 a petition was submitted to the petitions committee. I received a letter stating that the matter will be referred to the heads of departments to report on the matter. The head of the legal and secretarial services was as follows:
“The recommendations are supported since it transpires from the comments submitted the SEO: City Planning and the Ward Councillor that the CoT responded appropriately to the needs of the local community involved and instituted the necessary actions to address the grievances of the petitioners and to rectify the situation as required by Section 6(2)(a) of the Municipal Systems Act, 32 of 2000”
The outcome of this meeting was that another meeting is to be held and feedback be given to me. At this point I am not aware of any such meeting been held. After the petition, this application should have been denied.
The only logical conclusion that can be reached is either that the officials are highly incompetent or that the politicians are preventing them from doing their duty.
Not withstanding all our endeavours the Tshwane Metro continues to ignore the pleas of the residents of ward 50.
Cllr. Ben Wannenburg
Ward 50
Tel: 012 546 0410
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