STATEMENT BY EXECUTIVE MAYOR DAN PLATO: REGARDING ALLEGED DEMOLITION OF TEMPORARY CHURCH STRUCTURES

The statement below is a copy of an open response sent to the Chairperson of the Western Cape Christian Ministers Forum.

In reference to your memorandum handed in on 25 February 2010:

In a spirit of public engagement and in an attempt to reach a mutual agreement, the City has met with representatives from the various church groups on a number of occasions to understand your concerns and to explain the City's position on the alleged demolition of illegal church structures.

In these meetings, which commenced it 2008, the City conveyed to church representatives that it cannot allow the continuation of illegal occupation and illegal building on its land. While the City understands and is empathetic to the plight of the various church leaders, it must be understood that we cannot make any exceptions when structures are built illegally on City-owned land. This is a policy that is applied city-wide, and for example, very recently action to stop building was taken in Clifton and Rondebosch.

As you are aware, churches have been erecting structures on city-owned land without permission, or submission of plans, and without compliance with health and safety regulations. Many of these structures were also not of a temporary nature.

In September 2009, officials held a meeting with the Western Cape Black Church Leaders Alliance (some of whom may be members of your organisation) at the City's Anti-Land Invasion Unit's offices in Bellville, regarding the demolition of church structures in informal settlements and other areas. At this meeting, the City confirmed that that it cannot allow continued illegal occupation of its land.

At a subsequent meeting between church representatives and myself held in October 2009, we tried to reach a compromise. It was agreed to temporarily halt demolition of existing structures while the site reports were being prepared, on condition that the construction of any new churches be suspended. The City made it clear that any such new structures or extensions would have to be demolished. This agreement was reached mutually, with the City trying its best to reach a compromise with the church groups, while not undermining the law. The City has kept to this agreement.

On 16 February 2010 officials again met with the Western Cape Black Church Leaders Alliance and approximately 25 members attended this meeting. At this meeting, no member of the Alliance provided proof of accusations that the City had demolished 20 church structures. The delegation was reminded of my message in 2009 that they should respect the law and cease illegal occupation of City-owned land. Furthermore, the Alliance was warned that the Anti-Land Invasion Unit must continue with its mandate to prevent illegal occupation and the erection of any unlawful structures. It was explained that if this practice was allowed to continue unabated, every available vacant piece of land would soon be illegally occupied.

The City of Cape Town has done everything in its power to explain procedures and legislation to the Western Cape Church Alliance Group (WCCAG) in order to prevent any further illegal occupation of its land and we sincerely hope that they understand our position.

Land for church sites

However, despite our responsibility to protect City-owned land, and ensure that buildings are constructed safely, the City has embarked on a process to assist churches, as we recognise the value of all civil society organisations.

With regard to making land available for church sites, the City of Cape Town is acutely aware of the pressing need by many community organisations for schools, crèches, churches, shopping malls, and other facilities in our various areas.

Unfortunately, the demand for viable City land for these various purposes far exceeds supply. Furthermore, legislation such as the MFMA (Municipal Finance Management Act) and the Municipal Asset Transfer Regulations (MATR) regulates the process of dispensing of land. These provisions place restrictions on unsolicited bids (direct sales to the public), and require a process of public participation to be followed whenever viable City land is made available for development.

The City of Cape Town has, as one of its priorities in the Integrated Development Plan, always supported economic and infrastructure growth as well as meeting particular community needs. Therefore, a situation cannot be allowed where ad hoc structures are erected on City land in disregard of the law and without following the necessary procedures as set out in the MFMA and MATR.

In respect of certain sites, there have previously been developments and the status of these is as follows:

Ikapa church sites

In 1992, the former Ikapa Town Council allocated 45 church sites in Langa, Guguletu, Nyanga and Phillipi to various church organisations.

Unfortunately these sites were not allocated systematically, with regard to zoning regulations, underground services such as sewerage pipes that traverse the sites, and property subdivision. This project was subsequently re-initiated in 2007. As a result, all applications are now in an advanced stage of preparation for submission to the City's Land Use Management Department for rezoning, subdivision, consent use and basic assessments. I am pleased to report that many of these erven are expected to be ready for transfer within the next eight months.

Church sites in Khayelitsha

The City's Land Use Management Department prepared a schedule of all the sites listed in the "500 letters" that were submitted by the church groupings on request of Cllr Niewoudt in April 2009. This schedule was also presented at the workshop held with the church groups in April 2009.

In total some 193 sites were listed. Of these, 37 where unidentifiable and another 87 did not comply with set criteria for church sites, for example size, lack of open space or other community facilities in the area, privately owned, subject to lease agreement. Of the remaining sites, 52 were not zoned correctly but might potentially be suitable, and 17 were zoned correctly. Based on a preliminary study, these 17 sites appear unencumbered.

An inclusive process will be followed by all the Planning divisions within the City to establish the needs of the particular communities, such as facilities required for churches, educare centres, and orphanages, with regards to these 17 sites.

The management committee of the Independent Churches of Khayelitsha has already been led through the following process to support its members:

1. Two workshops have been facilitated with the churches where information has been given to them about the identification and procurement of land.

2. A further process has been followed where the churches could identify possible premises themselves. Following this, the City established ownership, availability and possible land use of the identified premises. A report back meeting was held and members have received feedback on an individual basis.

3. The churches have been encouraged to formalise their organisational structures; establish a corporate body; and obtain the necessary funding in order to purchase the identified land. Unfortunately, the City does not have the power to allocate land freely.

In addition to this ongoing engagement, especially in the Khayelitsha and Ikapa areas, the City has offered the use of all available community facilities on Sundays for church services - from multi-purpose halls to sport facilities. The Churches have also been offered the use of facilities outside of their immediate environment, but this has been declined.

Ultimately we hope that the various church organisations and the Western Cape Christian Ministers Forum (WCCMF) will understand the difficult position in which we find ourselves. We are committed to helping our communities, but have to do this within the boundaries of the law. We thus cannot allow any organisation to erect illegal structures on City-owned land. We have tried to propose alternative solutions, and have continued to engage, in the hopes of coming to an understanding that will be mutually satisfactory.

We encourage all interested parties to continue a meaningful dialogue with the City, and to be mindful of the alternatives which we have suggested.

Statement issued by Communication Department, City of Cape Town, March 10 2010

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