Ekurhuleni resolved to initiate the process of land expropriation without compensation in Ekurhuleni.
City of Ekurhuleni (CoE) spokesperson, Themba Gadebe, said executive mayor Clr Mzwandile Masina, announced plans to initiate expropriation without compensation in order to test Section 25 of the Constitution.
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“It is important to note that expropriation can never be a means to an end, but it has to inherently serve a particular purpose of interest. To ensure strict compliance to Section 25 of the Constitution, the first step was to exclude any hint go arbitrariness or unreasonableness in our action, including assessment of the possibility of an alternative property or availability of less invasive means,” said Masina.
Gadebe said Masina emphasised that the decision had been taken in order to serve public interest and that CoE has to act immediately to deal with its housing challenges.
“The Housing Act, read in the context and in line with the Bill of Rights, has detailed responsibilities of municipalities in respect of making housing opportunities accessible. These rights place certain responsibilities on the city, in respect of which land and access to housing are central,” said Gadebe.
“The Constitution enjoins the state to ensure progressive realisation of these rights.”
“The city has, since its inception, been putting an effort to increase access to housing by, inter alia, purchasing available land for housing purposes,” said Masina.
Gadebe said that CoE has identified four occupied properties of which the owners have essentially relinquished their property ownership rights and responsibilities.
CoE plans to develop and establish townships on these pieces of land.
The four properties are:
• PTN 40 of Farm Rietfontein 63-IR‚ which is 4.4. hectares and privately owned.
• REM 2 Elandsfontein 90-IR‚ which is 101.2 hectares and privately owned.
• The remainder of Extent Benoni 77-IR‚ which is 205 hectares and government-owned.
• PTN 406 Farm Driefontein 85-IR‚ which is 33.6 hectares and privately owned.