Concerned residents of Randhart in Alberton have raised concerns regarding a land-related matter in the area and are calling for an independent investigation and greater transparency.

The issue came up for further discussion again during a community meeting held by PR councillor Rudolf Herbst of the City of Ekurhuleni on Saturday.

During the meeting, some community members said they were seeking clarity on issues relating to the ownership, use, development and administration of property in Randhart.

The briefing identified appropriate reporting channels for different aspects of the matter, including Gauteng Human Settlements, the City of Ekurhuleni, the Property Practitioners Regulatory Authority, the Hawks, the Special Investigating Unit and Corruption Watch.

Residents stressed that they are not asking for any allegation to be accepted as fact, but are requesting that the matter be properly investigated, that relevant documentation be examined, and that all affected parties and authorities be given an opportunity to respond.

Ownership discrepancies

At the meeting, reference was made to information from the Gauteng Department of Infrastructure Development.

According to the material shared at the meeting, a presentation by the department states that 176 properties were expropriated in the 1980s for the PWV16 road project that was overseen by the Department of Transport, listing 71 residential houses plus 106 undeveloped properties – 105 residential stands and one school stand.

This refers to the 29 state-owned properties in Randhart Extension 2 that have been allegedly occupied by residents illegally.

The department has been asked to supply an up-to-date schedule to clarify the discrepancy and identify which stands have since been developed, by whom and for what reason.

The presentation concerns provincial properties under the usership of the Department of Roads and Transport.

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Community members seek clarity on property ownership, development, municipal accounts and legal processes affecting state-owned land in Randhart Extension 2. Full story on albertonrecord.co.za

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By contrast, residents’ municipal GIS material identifies Stand 1716 as city-owned public open space and cites city confirmation that stands 1608 and 1609 are provincially owned.

The meeting stressed that ownership and lawful status must be verified per stand, not generalised across the whole area.

Regarding sales, it was noted that the slides furnished to Herbst had no record of a lawful sale of the undeveloped stands to private purchasers, but that this absence is not proof that no deed or purported transaction exists.

Alleged sales, allocations and historical transfers are said to require independent deeds, authority and disposal-record checks.

The Alberton Record approached the city for comment, and spokesperson Zweli Dlamini said: “This is not municipal land. I know that national is dealing with the matter. The Department of Infrastructure Development owns this, and they are dealing with it.”

Legal proceedings

The provincial department stated that the Office of the State Attorney had been instructed to pursue urgent High Court relief to restrain additional occupation, marketing or purported sales, new construction, service installations and other activities.

The department also instructed that the required eviction and demolition or removal proceedings be pursued subject to the relevant legal requirements and court authority.

The department advised that it had been informed of a minimum period of approximately two weeks from that date, dependent on the State Attorney’s process for appointing legal counsel and possible approval to deviate from normal procedures.

This is not a confirmed court date, a promised order date or a demolition timetable.

Department spokesperson Thoko Nkonki spoke to the Alberton Record about the ongoing legal process being followed to remove the occupants from the land in Randhart.

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“The Gauteng Department of Infrastructure Development has initiated legal processes to address the unlawful occupation of 29 state-owned properties in Randhart Extension 2, Ekurhuleni,” said Nkonki.

“The department has instructed the State Attorney to pursue an urgent interdict to prevent further unlawful construction and occupation. The legal process also includes applications for eviction in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, as well as demolition orders for structures found to have been erected unlawfully.”

Municipal accounts

The meeting reviewed a residents’ photographic record mapping the affected sector and documenting foundations, perimeter walls, permanent masonry buildings at different stages, the arrival of building material and an overnight precast structure.

The record also shows a meter box, open service trench and fire hydrant on undeveloped land, stating that five meter serial numbers were recorded, with Johannesburg Water-branded equipment also reported.

It was noted that installation, supply, ownership, authorisation, connection and public-safety questions remain to be answered by the city, and that a visible meter alone does not prove which official, contractor or account was involved.

Where municipal bills have been presented in relation to recently built structures, the city must verify that the accounts are genuine, confirm beneficiary and payment details from its systems, and reconcile each account to a lawful service application, registered owner or authorised occupier, meter and work order.

The meeting noted that a matching name is a reason to verify underlying documents, not evidence that any Randhart transaction was fraudulent, and that competent authorities should examine deeds, powers of attorney, disposal approvals, consideration and rates-clearance records.

It was emphasised that the city’s building control investigation and the department’s land-ownership and court processes are distinct.

The city must answer for its planning, building control, meters, accounts and any city-owned property, while the province must account for its land register, authorisation records, protection of the land and the instructed legal proceedings.

Action plan

At the meeting it was proposed that a concise action register be agreed with an owner for every task, a written response date and a date for the next community update.

This includes requests for the provincial department and State Attorney to confirm legal representation, filing status, case number and scope of relief; for the Department of Roads and Transport to supply a certified stand-by-stand list; for City Real Estate, Planning and Building Control to confirm ownership and zoning by stand; and for City Water and Finance to reconcile meters and bills to stock records, work orders and customer accounts.

Residents were urged to avoid confrontation, threats, removal of meters, demolition or interference with occupied structures, to photograph alleged illegal developments from a safe, lawful position, and to report urgent threats through proper emergency or law-enforcement channels.

The EMPD can be contacted on its 24/7 central emergency line on 011 458 0911 or 10177.

WATCH: Questions raised over structures and land sales in Randhart Ext 2