Pretoria - The Gauteng Department of Local Government and Housing has appealed for co-operation in its efforts to resolve the matter of the illegal sale of land in Lenasia South.
Detailing the events that unfolded leading up to the demolition of the illegally built houses in Lenasia South, the Gauteng Provincial Government said in a statement on Monday that to date, 10 cases were investigated by the Hawks in the illegal sale of land -- seven suspects were arrested, five cases were currently on trial and two have been withdrawn pending further investigations.
"We are also pursuing three other cases. We call upon the community to co-operate with us in order to make more arrests," said the department in a statement.
Official demolitions of houses that have been illegally built in the area started last week Thursday and to date, the department has demolished 51 structures. The department said all 113 structures earmarked for demolition were currently not occupied by any household or family.
On Friday, 9 November 2012, the illegal occupants approached the Gauteng South High Court for an urgent court interdict to stop the department from continuing with the demolition process.
"The application was dismissed with costs. Therefore, the court order still stands," said the department.
The Gauteng Department of Local Government and Housing appointed audit firm George Fivaz to investigate irregularities in the provision of houses in the province. Fivaz tabled a report of findings to the department in 2002.
The report had various recommendations and all the affected pieces of land in Lenasia were part of the report. The department said it was now implementing the recommendations.
In February 2007, several developers were implicated for the illegal sale of land. The implicated included Richard Zikhali and his wife Hlengiwe Ximba, as well as Michael Madogola.
Ximba has since entered into a plea bargain with the State and was sentenced to six-year imprisonment, with a three-year suspended sentence. Zikhali and Madogola will be going on trial during the first week of December 2012.
Hilda Sikhute is out on bail and is attending trial; while Muziwamandla Poto, also known as Radebe by locals, and Elizabeth Masinya are out on bail.
"One of the primary suspects has been cited in all these illegal activities and a case of fraud was opened against Durban Baloyi, who is a former developer for the Department in December 2010. He was arrested and released on bail.
"The case was withdrawn in court to allow the Hawks to complete the investigations," said the statement.
Sifiso Handsome Ditau, an official from the City of Johannesburg, is out on bail and a disciplinary case is underway.
The department said investigations into the illegal sale of land in the Johannesburg South area, including Lenasia, Ennerdale and Lawley, were first conducted as far back as 2006.
"Illegal sale of land occurred and the department instituted an investigation. A forensic investigation was undertaken immediately to establish all the facts. The report was submitted to the Head of the Department for consideration and implementation in early 2010," it said, adding that consultation processes with all affected parties did occur.
The report findings
The department said the forensic report established that illegal sale of land indeed took place. Furthermore, it also found that:
- Different transactions and costs were paid for various pieces of land and stands;
- Documents were acquired illegally, including title deeds and deeds of sale that were concluded;
- Unknown people were in a process of developing departmental vacant stands which are situated amongst developed stands;
- Constructions which were stopped were continuing, despite interventions by the department;
- Municipal services were illegally connected;
- Where developments were taking place, the stands were being fenced;
- Further investigations by the department also revealed that stands were illegally sold or occupied and occupants were already constructing houses.
"In Lenasia, at the time, investigations revealed that 678 stands were illegally occupied. In Ennerdale and Lawley, an estimated number of 1 000 stands were affected," said the department.
This figure has been rising due to the continuation of illegal construction of houses, despite the department's actions to stop the process.
The department said it had exhausted all the court processes at its disposal.
In September 2010, there was an interim court order prohibiting the department from evicting and demolishing the illegal properties in Lenasia Ext 13 and Lenasia South Ext 4 and Ennerdale.
The applicants were also interdicted from further erecting and constructing structures on the properties belonging to the department until a final order was issued.
While the department adhered to the interim order, the applicants continued to erect structures and invade government-owned stands, ignoring the legal process.
The department then proceeded to open several cases of contempt of court against the illegal occupiers in December 2010 and 13 builders were arrested on site for violating the interim court order.
