Public Protector recommends re-opening of
two Galeshewe Streets
05 July 2007
The Public Protector Adv Mabedle Lawrence Mushwana has
recommended the re-opening of two streets that were closed
in Galeshewe, Kimberly by landowners whose properties
encroached onto the roads.
Community representatives approached the Public Protector
after failing to get a positive response from the
municipality regarding the closure of the two streets
Phakedi and Palweni in Galeshewe ext 1, Kimberley, Northern
Cape. The municipality admitted that portions of the land in
question were improperly allocated to the two owners. The
owners then decided to put up walls around their properties,
effectively closing off the roads.
Representatives of the community complained that the closure
of the roads hampered residents' right to free movement and
disrupted the delivery of essential and emergency municipal
services such as ambulances, mail delivery, fire brigade,
and police services. The closure also created confusion and
difficulty to access communities as essential services
turned back when they found the roads closed.
During the investigation, the Public Protector found that
the municipality had passed a resolution to purchase that
portion of land from the landowners so that they could
reopen the streets. But one of the landowners withdrew his
offer to sell, saying the municipality should purchase the
entire site and not just a small portion.
The Public Protector recommended that the municipality
should take all steps necessary to ensure the immediate
reopening of the streets and ensure that its progress with
the matter is communicated to communities. The council
should consider improving the state of the two roads,
including tarring them.
"In the event of lack of cooperation from the site
occupants, the Municipality should consider taking all
reasonable steps, including expropriation as regulated in
terms of section 25(2)(a) of the Constitution, to speed up
progress on the matter," Mushwana said.
The Public Protector will monitor the implementation of
recommendations.
The Public Protector's office is established in terms of the
Constitution of South Africa. It strengthens our young
constitutional democracy through, among others,
investigating maladministration, delays in service delivery,
and allegations of impropriety or prejudice by public
administration in any sphere of government.
It is an office of last resort, meaning that all other
avenues to address a complaint must be exhausted before the
Public Protector is approached. It does not investigate
court decisions and its services are free.
For more information contact Charles Phahlane on 012 366
7006 or 082 856 8188.
For media releases, speeches and reports visit the Public
Protector’s website
www.publicprotector.org
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