Wealth creation, attracting investors, development … are these some of the principles that the Makhado Municipality take into consideration?

The way in which a R350millon development had been put on a hold, raises some serious questions.

The development of the Bushvalley Country Homes on the farm Vondeling suddenly came to a forced halt. The 230-stand development will provide 400 new homes, will make use of local contractors, suppliers and service providers, and will create more than 300 permanent jobs. The need for a development like this in a scenic, tranquil environment could be proven from the fact that almost all the stands of the first phases were booked within two months of marketing.

Expenditure had been embarked upon, such as the necessary geo-technical studies, environmental impact studies and development engineering design. The delay is costly to the developer and all stakeholders involved. The question was put to the municipality as to how the municipality would pay the damages, which could run up to several millions of rands.

The developers made their informal residential application in November 2004 and were approved in principle by the Makhado Municipality in May 2005. When the technical planning and development design was complete, a formal application was submitted in November last year. The first phase of civil development was due to commence in January and home building was due to commence in June this year, comprising an injection of millions of rands into the local economy.

On August 4 this year, the developer/applicant received a letter from the municipality informing the applicant that the township establishment application has been disapproved.

"The application has been inexplicably and unlawfully declined on invalid grounds, while other developments on claimed land are allowed to proceed. This is clearly a double standard that needs explanation," says the developer.

In a letter dated October 13, Zoutpansberger asked the municipality to name the developments that are proceeding and are also subject to land claims. The request was not granted.

The applicant says he has complied with all the legal requirements of both the Restitution of Land Rights (Act 22/1994) and the Town -Planning and Township Ordinance 15/1986 and the Makhado Municipality simply does not have the legal authority to make any decisions based upon land claims. Furthermore, says the developer, the Makhado Municipality has infringed on the constitutional rights of the owner/developer as it has not followed the correct administrative procedures and the decision is ultra vires (meaning that it exceeded its powers, acted in a partial way, in bad faith, fraudulently, injudiciously or with ulterior motive).

Several questions were put to the municipality in the letter of October 13 in an attempt to ascertain the reason why the municipality made decisions based on land claims matters over which they have no legal jurisdiction. What was the real motive for the delay of the development?

None of the questions received answers and the matter remained shrouded in uncertainties. Mr Peter Magwala, Director Community Services, replied to the questions that there would be no comment given, since the matter is sub judice.

The matter is now going before the Limpopo Department Local Government and Housing Township Board for an appeal hearing.