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Owners of the Limpopo South African Property Owners Association (Sapoa) will find the procedures and processes of dealing with illegal land use quite interesting
POLOKWANE – Owners of the Limpopo South African Property Owners Association (Sapoa) will find the procedures and processes of dealing with illegal land use quite interesting as released by Polokwane Municipality’s city planning and property management, and planning and economic development departments.
Here is the municipality’s view on its illegal land use strategy and laws for awareness to the public about this issue.
The procedure and process of dealing with illegal land use:
• Lodging a complaint – a complaint must be lodged by contacting or completing the complaint form and sending it by post or by sending an e-mail to the municipality
• A complaint can also be lodged in person, either by phoning, sending an e- mail, or posting a letter.
Investigation of a complaint:
• When a complaint has been received, the following steps must be adhered to for it to be investigated:
Preliminary investigations – the business unit will identify the correct erf (stand) number and the zoning rights of the property.
• First site inspections:
An official will conduct an inspection to establish whether the unauthorised use does exists.
An official will then write a report detailing the observations made, take photos, and gather other evidence that supports the unauthorised use.
• First notice:
A first notice is an official warning, calling upon the offender to stop the unauthorised use.
The usual time given to comply is seven days.
The official will then acknowledge the receipt of a complaint and advise the complainant of the action taken.
• The second site inspection:
After the first notice period expires, an official will re-inspect the site.
If the unauthorised use has been terminated, the file will be closed.
• Final Notice:
If the use continues, a final notice will be issued of which a maximum of seven days will be given to comply.
• Final site inspection:
If the use continues, an assessment will be undertaken to determine whether there is a prima facie (obvious) case and, if so, the file will be referred to the council’s attorneys for further action.
• Legal action:
The council’s attorneys will launch civil proceedings against the offender and be served with an interdict to desist unauthorised use.
If this action is successful in court, the attorneys will then obtain a court order.
The sheriff of the court is usually authorised to execute the court order if the accused does not comply with it.
Molatelo Mashego, manager and directorate at Polokwane Municipality’s departments of city planning and property management, and planning and economic development, says complainants must note however, that monthly site inspections are currently on hold as his departments are dealing with pending court orders that need to be implemented.
