Ekurhuleni’s incompetence hinders by-law enforcement around establishment of corner cafes and pubs in residential areas

Joint statement by Cllr. Heather Hart — DA Shadow MMC for City Planning in Ekurhuleni, and;

Cllr. Jill Humphreys — DA Councillor in Ward 20

Date: 12 October 2021

Release: Immediate

Type: Media Statement

The Democratic Alliance (DA) in Ekurhuleni is concerned over the failing ANC and its coalition-led City’s inability to enforce by-laws, specifically related to the City of Ekurhuleni ‘s (CoE) Land Use Scheme, or CELUS.

The Scheme is a legislative requirement under the City’s Spatial Planning and Land Use Management Act (SPLUMA), and provides practical guidelines to ensure inclusive, standardised, consistent and adaptable land development, which promotes a harmonious landscape for the City. In addition, CELUS is also designed to enhance the City’s strategic imperative to re-urbanise through sustainable urban integration.

On the surface, these seem important and idyllic goals set by the Metro. In reality, however, the City lacks sufficient resources to implement the policies and by-laws associated with CELUS. This has been illustrated by the proliferation of illegal land use cases throughout our communities apparent through urban densification and infrastructure decay. This has been accelerated by the lack of building inspectorates, bureaucratic difficulties in land use and zoning applications, and accompanied by a lack of enforcement from the EMPD.

Given these realities, the DA is specifically concerned over the City Planning department’s inability to implement policies and by-laws pertaining to the establishment of Corner Cafés and Pubs in residential areas. After over 300 written objections from community members during the public participation process (PPP) for CELUS over the allowance for these to be established in Residential Zone 1, the DA successfully lobbied for an amendment to the scheme, which saw the Department concede by allowing Corner Cafés and Pubs to only being allowed in Residential 1 areas through a Special Consent and Rezoning Applications respectively.

While significant, this concession and amendment to the Scheme, unfortunately, does not go far enough, as the City cannot simply enforce such nuances within the policy. In setting up Corner Cafés and Pubs, owners seldom go through the necessary applications as witnessed through the proliferation of many illegal establishments in a number of Ekurhuleni’s communities over the last five years.

The DA supports small businesses and the economic development of our communities; however, this should not be undertaken in any way that undermines the value of any residential area. Moreover, residents made it explicitly clear that they are against the prospect of having Corner Cafés and Pubs established in their communities through the PPP process. The ANC-led coalition* in the CoE claim to be a caring government that listens to its residents. The disregard of the DA’s Minority Report — an official document outlining the Party’s opposition to the amendment, presented at the September Council Meeting, indicates the contrary.

Despite the CELUS being pushed through by the ANC and their coalition partners, which form the majority in Council, the DA will continue to fight for the residents of Ekurhuleni. Lofty and impractical policies without sufficient resources to implement them are open to abuse and manipulation that threaten the value and integrity of our communities. The DA will continue to be a voice of reason for residents against the ANC and their coalition partners, as well as hold them to account in ensuring that the drafting of by-laws or policies are implementable with sufficient resources.

#Time4Change

*ANC Coalition Partners: African Independent Congress (AIC), Pan Africanist Congress (PAC), Patriotic Alliance (PA) and Independent Ratepayers Association of South Africa (IRASA)

Cllr. Heather Hart

DA Shadow MMC for City Planning in Ekurhuleni

082 902 1834