The residents in Protea Street, Patensie, are at their wits’ end with alleged illegal occupants staying in a Wendy house on a vacant plot in the same street since the beginning of July, while the Kouga Municipality has still not taken any action despite multiple follow-ups over the last six months.
Gawie van der Merwe said that in 2016 he built a house in Protea Street after learning that the Kouga region was a great place to retire, since it was clean and safe.
Finally, last year he moved from Johannesburg to his new home with his wife, Elsabeth.
Sadly, their dream of a peaceful retirement was abruptly shattered six months ago, when a small 4m x 2m Wendy house was built on the vacant plot across from their property.
Shortly after the Wendy house was built, Van Der Merwe said a young couple moved in with their two dogs, which he claims they have badly neglected.
He further said that there is no toilet, ablution facility, or water on the premises, and there is a gas bottle outside the Wendy house which he believes is a major safety hazard.
Concerned about the alleged intrusion on the property, Van Der Merwe said that he immediately notified the municipality to inform them about the situation through a written complaint, when they began erecting the Wendy house.
He said he was frustrated because he believes that the municipality does not treat everyone fairly.
“Before building a garage on my property earlier this year I had to pay R28 000 for building plans and submission of building plans. Even though I had to adhere to the law by paying for my building plans, some people are left to do what they want without any consequences,” said Van Der Merwe.
Van Der Merwe said he believes the young couple are not concerned about the law because “they get away with it”.
“Our main concern is that if the situation is left unattended it will get worse, and more shacks can be built in the area,” said Van Der Merwe.
Elsabeth said that they do not want to victimise children, but everyone must abide by the law.
She said that all their neighbours in the area were very upset about the situation, and they are hoping the municipality will act soon.
Elsabeth said that the situation has not only become a safety concern but a health concern as well.
“There is no toilet on the property and the smell coming from their place is terrible,” said Elsabeth.
“If this situation was stopped immediately this would not have happened.”
She said that since they sent the initial complaint to the municipality six months ago, they were informed by the municipality that multiple statutory notices were issued and the owner of the plot, who stays in England, was notified of the situation.
Elsabeth further said that the municipality has also informed them that they have handed over the issue to their legal department.
“We were told to contact the legal department, which we have done, but we have received no feedback,” said Elsabeth.
She said that since the municipality has allegedly issued multiple notices since July, it is now time for them to take legal action against the illegal squatters.
Elsabeth further said that the municipality has by-laws against illegal buildings and occupants, and that they should implement these by-laws to deal with the squatters.
“We pay rates and taxes, but we are not being protected; instead those who do not pay rates and taxes are protected,” said Elsabeth.
Referring to the alleged illegal occupants at the Ashton Bay Caravan Park, she said that she was concerned that a similar situation would occur in their area if immediate action is not taken.
Kouga Municipal manager, Charl du Plessis, said that after receiving complaints, the municipality found that this property is registered to a private individual and that a structure was erected in the absence of an approved building plan. He further said that the municipality then proceeded to issue a notice in terms of the National Building Regulation and Building Standards Act, on August 15.
In addition, Du Plessis said that a notice was served in terms of section 169 of the Spatial Planning and Land Use Management By-law: Kouga Local Municipality, 2016, on November 3, instructing the owner/occupant to cease the alleged unlawful activity within 30 days.
“The structure in not compliant with the requirements of the zoning scheme. On December 5, the matter was handed to the legal department for an application for an eviction order,” said du Plessis.
He said that an appropriate court order will be sought from the court of law which will address the alleged illegal structure erected and the non-compliance with the SPLUM By-law, which intends to call for the demolition of the alleged illegal structure.
“The municipality will commence with this process immediately after lapsing of the land use notice. This should be within the first week of December,” said Du Plessis.
He said that the property in question is privately owned, and that the municipality has no locus standi to bring an eviction application. “The municipality only has locus standi to deal with the non-compliance of the National Building Regulation and Building Standards Act and the Spatial Planning and Land Use Management By-law.”
Du Plessis further said that the intended processes can take a minimum of 8 to 12 weeks to finalise.
He said that an inspection was conducted at the property, and it was found that a structure is erected but remains unoccupied.
“The municipality understands the urgency of this matter and the impact it has on the immediate environment. This matter will be prioritised,” said Du Plessis.
“The municipality will also explore other possible avenues to resolve the matter urgently.”
