Infrastructure
- Whether his Department has received and processed any requests for land ownership authorisation required to unlock stalled housing and service delivery projects in sub-council 10, Khayelitsha, including but not limited to the MAHAMA project and the electrification of informal settlements; if so, what reasons account for the delays, particularly in cases exceeding four years;
- whether any intergovernmental disputes or administrative bottlenecks have been identified; if so, (a) what are the relevant details and (b) what steps have been taken to resolve these delays;
- whether any officials have been held accountable for inaction; if so, (a) what are the relevant details, (b) what measures have been taken and (c) what risks have been identified relating to illegal land invasions due to these delays?
- The Department has received requests from the City of Cape Town (COCT) relating to land ownership, and disposals of properties within the Mahama Project, including service delivery related projects, and electrification projects within Sub-council 10, Khayelitsha, which relate to Erf 39286 and Erf 42776, Khayelitsha.
In this regard, the Department has processed and continues to process requests relating to the transfer, disposal, allocation, and authorisation of provincially owned properties required to enable the implementation of these COCT projects.
As Custodian of provincial immovable assets, the Department of Infrastructure (DOI) is required to undertake the prescribed asset management, land administration, and governance processes in accordance with the Government Immovable Asset Management Act, 2007 (GIAMA), the Western Cape Land Administration Act, 1998 (WCLAA), and other applicable statutory requirements. These processes include intergovernmental consultation, due diligence investigations, planning and legal assessments, compliance checks, and the obtaining of the necessary approvals prior to any land transaction or authorisation being finalised.
The Department is therefore working collaboratively with the COCT to unlock these housing project, service delivery, or electrification projects, with the COCT and other stakeholders to facilitate the required approvals and authorisations as efficiently as possible.
- No intergovernmental disputes have been registered, and no administrative bottlenecks have been identified.
- Engagements with the Department of Public Works and Infrastructure (DPWI) and the Western Cape Education Department (WCED) have been undertaken as part of the prescribed processes in accordance with the applicable legislation.
- The steps to resolve the delays are not applicable.
- The relevant officials have attended to the matters in accordance with the applicable legislative requirements and prescribed asset management processes.
- There are no relevant details.
- No measures were required, as the matter was dealt with by the relevant officials in accordance with the applicable procedures and legislative requirements.
- The risks related to unlawful occupation of land are managed and mitigated on a case-by-case basis, taking into account applicable legislation, the status of the unlawfully occupied land, the nature of the proposed project, and the respective mandates of the relevant organs of state.
