In April 2019, the Select Committee on Petitions and Executive Undertakings reflected on its five-year term in the fifth Parliament. One of its recommendations for the sixth Parliament included the need for the committee to be recognised as a core committee in Parliament since it is often the last resort for citizens who feel that they have been failed by other processes.
The first petition addressed by the newly configured Select Committee of the sixth Parliament, turned its attention to one such petition in which Mr Gordon Ndlovu seeks, as a last resort, the assistance of the committee in his fight against the City of Ekurhuleni Metropolitan Municipality, and the provincial Human Settlement Department.
According to the petition, Mr Gordon Ndlovu had lodged a claim in respect of the estate of his late mother, Ms Maria Ndlovu over Shop No1, also known as Thothos General Dealer, which was leased to his parents pre-1984 by the City. The claim thus revolves around reparation and the award of ownership rights (issue of a Title Deed) in terms of the Conversion of Certain Rights into Leasehold or Ownership Act, No. 81 of 1988.
In his explanation to the committee, Mr Ndlovu explained how he had been, futilely, through every imaginable bureaucratic process to address the issue of reparation and ownership of the property. This included the submission of claims documents to the City, and lodging complaints with the council’s Public Participation and Petitions Standing Committee as well as the Gauteng Provincial Legislature’s Standing Committee on Petitions.
The committee refused to accept the explanation offered in a letter submitted by the City which stipulated that although the claim was evaluated and found to be in order, the claim could not proceed since the property is on the same erf as the hostel and no subdivision had been done on the erf to enable the award and transfer of ownership of the shop as intended by the Act.
The committee questioned City and Department officials closely on whose responsibility it is to sub-divide the property. The committee believes this sub-division issue is not enough of a reason to subject citizens to traumatic experiences such as these. Committee members wanted to know how many other people are subjected to the same processes and trauma, and instructed officials to provide them with the Xayiya Report, an investigations report containing the approved list of houses for reconstruction, as well as the recommendation of the public hearing held by the Ekurhuleni Municipality in 2016.
Felicia Lombard
17 July 2019
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