Rhoda Kadalie's rant at the City and Province over badly executed restitution in District Six, and the sidelining of certain claimant groups like the Advocacy Committee in the process, ignores the lengths to which both the City and Province have gone to create a better, more inclusive process, in spite of restitution being legislatively beyond their control (restitution legislation is perfectly clear in this regard - it is entirely the mandate of the National Minister of Land Affairs, and the Commission for Restitution of Land Rights).

When the Advocacy Committee took the Trust and Claims Commission to the Land Claims Court in 2008 over the exclusion of former District Six land owners from the redevelopment process, the City of Cape Town submitted an affidavit which supported the Advocacy Committee's arguments and concerns about the lack of representation of former District Six land owner claimants. However, Judge Fikile Bam of the Land Claims Court chose to refer the matter for mediation rather than make a ruling.

Subsequently, in 2008 and 2009, Helen Zille and City of Cape Town officials met repeatedly with the Advocacy Committee and other concerned claimant groupings, and pressured the National Minister of Land Affairs and the Land Claims Commission, who have the authority to lead the restitution process in terms of restitution legislation, to create a more inclusive forum to drive the redevelopment. At the time, the City expressed similar concerns to those raised by Kadalie over the slow progress of the Pilot Projects in District Six (the group of houses under construction that she refers to in her article).

By 2010, when its repeated appeals to the National Department of Land Affairs and the Claims Commission did not yield results, the City declared a formal dispute with the Land Claims Commission in terms of the Intergovernmental Relations Framework Act. The City indicated that it would take the Claims Commission to court if it did not address several matters, including ongoing delays on the redevelopment and the lack of inclusion of former owner claimants in the process.

Following the declaration of an intergovernmental dispute, the Claims Commission and National Minister of Land Affairs agreed to a series of dispute resolution engagements with the City and Province to avoid a court case. This resulted in a resumption of progress with work on District Six by the District Six Task Team (chaired by the National Minister or a representative). Firstly, a draft spatial development plan for District Six was completed by the Task Team, which was repeatedly workshopped with District Six claimants at sites around the City (workshops hosted by the Claims Commission).

This led to broad input from claimants toward the finalisation of these plans, which are now due to go through formal planning approval processes with the City council, including a full statutory public participation period in which everyone will have an opportunity to participate. In addition, requirements for bulk infrastructure and services have been calculated, and financial models have been prepared which will help guide the financial management of an integrated, and more rapid redevelopment.

The National Department of Land Affairs also committed R700 million to fast track the redevelopment of claimant homes in District Six in order to give effect to a public undertaking by President Zuma at the time that all claimants wishing to return to District Six should have houses built within 3 years. If the National Department comes through on this undertaking, then the City and Province will provide full support by freely availing land for the construction work, providing infrastructure, and services.

At the request of the Premier's office, the Claims Commission invited the Advocacy Committee to submit a list of who it represents so that they could be included on the task team. However, when the Commission officials met the Advocacy Committee, their leader Tania Kleynhans, brought ANC activist Mario Wanza with them, and barricaded the Commission officials in the room in the presence of the media. This has done nothing to help the Advocacy Committee's cause.

As for her concerns about Kalam construction, Kadalie should engage the National Department of Rural Development and Land Affairs, who contracted them. The entire 100 house pilot project currently underway in District Six was initiated before Helen Zille was elected mayor in 2006, and the contractor is hired and paid by the national Department of Rural Development and Land Reform.

The City and Province have no involvement in this contract. In fact, there have been no agreements between the DA led City or Province and Trust or any contractors working on the District Six site.  The last formal agreement that the City signed with the Trust was in 2005 under the ANC.

Regards

Robert Macdonald

Western Cape Provincial Government

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