The latest handing over of title deeds to Lourensia Park, Somerset West residents, which took place on Monday 31 July, was not a joyous occasion at all for 57-year-old diabetic Sisiwe Sylvia Tshona, who expressed surprise at her name being “suddenly” excluded from the list of beneficiaries.
“I applied in 2018 and, according to a document I received in July 2020, I was an approved beneficiary,” she said. “I was also provided with an erf number of where my house would be situated.”
She also held up the document, which also contains instructions on how to proceed with the handover process.
On the day the title deeds were handed over, Tshona said she enquired where her title deeds were, but was not given straight answers by City of Cape Town officials, who told her to enquire with the Department of Housing.
“At the Housing Department they told me my application was cancelled, but offered no explanation. It was heartbreaking and I am very upset. I depended on this house and I have to stay with my daughter until the matter is resolved.”
She also alleged the house initially allocated to her had, in fact, been allocated to another person, Joyce Mzamo, who already had a house, and she questioned the legality of this.
In response to an enquiry into the situation, the City explained in a statement that it followed a standard approach on all its Breaking New Ground (BNG) housing projects in the allocation of opportunities to beneficiaries, which are allocated as per the relevant legislation as well as the Allocation Policy: Housing Opportunities.
“All affordable housing projects are also supported by a Project Engagement Committee (PEC). This is a committee of representatives elected at a public meeting, from the community. All projects are supported by a Project Engagement Committee (PEC), previously known as a Project Steering Committee (PSP). The PSC has the function of making recommendations regarding relevant project issues as well as communicating to the community. The identification of potential beneficiaries in BNG projects is done independently via the City’s Housing Needs Register. There is an allowance for the recommendation of special needs beneficiaries which is done via the PEC, which is then subject to a Housing Allocation Committee approval.”
The City explained that in the case of the Lourensia Park Affordable Housing Project, the PSC identified and recommended two individuals based on special needs.
It stated: “The recommendation relating to Ms Tshona was made and submitted to the Allocation Committee, which was approved based on the information provided. She was informed accordingly.
“At a future date new information came to light, which indicated that Ms Tshona’s application, in fact, did not qualify for consideration in this project. It therefore required for the approval, as previously given, to be rescinded.
“The PSC therefore recommended to the Allocation Committee to retract the previous approval, which was done, and the affordable housing opportunity in question was re-allocated according to the relevant procedure. This was communicated to Ms Tshona at the time.”
The City added that the property that had become available afterwards was allocated to a Mr TS Mzamo, as properties are allocated as they become available.
“He was a qualifying beneficiary, and received approval as a beneficiary. He, however, passed away after receiving approval and his property become part of his estate.
“Transfer is also into the estate and not to an individual.
“Ms Joyce Mzamo was not an approved beneficiary in this project. After presenting a letter of authority she was allowed to occupy the property of her life partner. It is important to note she is not a recipient in terms of the housing policy, but gained occupancy via the estate.”
According to the City title-deed handovers for the Lourensia Park housing project is ongoing and are provided to the qualifying beneficiaries as and when they become available.
To date, 110 title deeds have been received and beneficiaries invited for a handover. In all, 86 had been handed over to beneficiaries so far, and 24 of those invited had not yet responded to the City. There were 40 title deeds still being processed, which will be handed over when available.
Asked about the letting of the property, the City responded “it must be noted it is not illegal to lease a received Breaking New Ground (BNG) opportunity.
“A property received becomes a personal asset of the recipient and all normal rights regarding property in bestowed on the recipient. While this is not really encouraged, there can well be circumstances where this arrangement can occur.
“Where residents no longer require an affordable housing opportunity, they are encouraged to approach the City, so that the opportunity can be provided to those who need it most, such as the elderly, disabled and most vulnerable residents.”
Concerning the selling of a BNG opportunity, on the other hand, according to legislation, a recipient of a BNG house (the old RDP houses) must keep the house for at least eight years before it can be sold.
If it is sold after eight years, it is an acceptable free-market transaction. During the first eight years permission to sell must be requested from the Department of Human Settlements.
