Tiny Great Kei municipality is cracking down on influential and wealthy East Coast home and business owners for allegedly failing to comply with building regulations.
Among the municipality’s complaints before the Grahamstown High Court are unapproved extensions and building new structures including those that are higher than is allowed.
The list covers a range of improvements, from decks to new homes for rental.
The municipality took several businesspeople in Qumrha (formerly Komga), Kei Mouth, Morgan Bay and Kwelerha to the Grahamstown High Court on May 7. Municipal lawyer Vuyani Majebe of Dyushu Majebe Majebe said yesterday that court orders were granted this week against:
l Businesswoman Louise Nosipo Mafanya for building four unlawful buildings in Qumrha and conducting rentals without council approval and after an order was granted against her;
l Gary Naude, who was ordered to demolish building extensions he made on a farm in Kwelerha; and
l Marita Morgan for making illegal alterations to her Chintsa East property by building a ground floor, making the property three storeys without approval.
Former health MEC and lifelong community health activist Dr Trudy Thomas, who is frail and in her 80s, is among high-profile property owners facing action.
Majebe said: “She’s talking to us with a view to comply.” All the targeted property owners have confirmed their involvement in the process.
Majebe said he was instructed by the municipality to take legal action. He said the municipality had written several letters over the years requesting the defendants to comply, without success.
“The municipality is cracking the whip against everybody who does not comply with legislation. The steps taken act as a warning for others as well.”
Other motions by the municipality have been filed against:
l Bushpig Events Bar owner Ian Bradley for allegedly making alterations without approval at a Kei Mouth business;
l Barry Gerber for allegedly building an uncovered deck at his property in Morgan Bay without building plans; and
l George Deponselle for allegedly erecting a building on his property in Kei Mouth over the stipulated building line.
According to an affidavit seen by The Dispatch, acting municipal manager Viwe Mapukata said Dr Thomas submitted plans for the construction of the property in 2005.
Mapukata said the plan indicated that the intention was to construct a residence on elevated supports, with no residential accommodation on any lower floor.
In the course of inspections, it was found that the lower ground floor had been extended and altered and no plans for this could be traced in municipal offices.
The affidavit states that a letter was written to Thomas in June 2013 notifying her about the alleged illegal extensions, but a response had not been received.
Thomas only responded to a letter written to her in September 2013, Mapukata states, saying that she was waiting for the building to be corrected.
The letter from Thomas was attached to court documents seen by the newspaper.
In another case Majebe said he met with Bradley’s brother, Cliff, last week.
He said Bradley had converted an old railway house into business premises without municipal approval.
Majebe said Gerber’s lawyers had contacted him last week with a view to negotiate compliance and Deponselle had also approached him in this regard.
“Mafanya has asked for time. We will will contact the sheriff to demolish the structures if she fails to comply when the date of the order arrives,” Majebe said.
He said the order for Naude to comply had been granted and non-compliance would result in demolition.
Great Kei targets ‘illegal building’
Among the municipality’s complaints before the Grahamstown High Court are unapproved extensions and building new structures including those that are higher than is allowed.
The list covers a range of improvements, from decks to new homes for rental.
The municipality took several businesspeople in Qumrha (formerly Komga), Kei Mouth, Morgan Bay and Kwelerha to the Grahamstown High Court on May 7. Municipal lawyer Vuyani Majebe of Dyushu Majebe Majebe said yesterday that court orders were granted this week against:
l Businesswoman Louise Nosipo Mafanya for building four unlawful buildings in Qumrha and conducting rentals without council approval and after an order was granted against her;
l Gary Naude, who was ordered to demolish building extensions he made on a farm in Kwelerha; and
l Marita Morgan for making illegal alterations to her Chintsa East property by building a ground floor, making the property three storeys without approval.
Former health MEC and lifelong community health activist Dr Trudy Thomas, who is frail and in her 80s, is among high-profile property owners facing action.
Majebe said: “She’s talking to us with a view to comply.” All the targeted property owners have confirmed their involvement in the process.
Majebe said he was instructed by the municipality to take legal action. He said the municipality had written several letters over the years requesting the defendants to comply, without success.
“The municipality is cracking the whip against everybody who does not comply with legislation. The steps taken act as a warning for others as well.”
Other motions by the municipality have been filed against:
l Bushpig Events Bar owner Ian Bradley for allegedly making alterations without approval at a Kei Mouth business;
l Barry Gerber for allegedly building an uncovered deck at his property in Morgan Bay without building plans; and
l George Deponselle for allegedly erecting a building on his property in Kei Mouth over the stipulated building line.
According to an affidavit seen by The Dispatch, acting municipal manager Viwe Mapukata said Dr Thomas submitted plans for the construction of the property in 2005.
Mapukata said the plan indicated that the intention was to construct a residence on elevated supports, with no residential accommodation on any lower floor.
In the course of inspections, it was found that the lower ground floor had been extended and altered and no plans for this could be traced in municipal offices.
The affidavit states that a letter was written to Thomas in June 2013 notifying her about the alleged illegal extensions, but a response had not been received.
Thomas only responded to a letter written to her in September 2013, Mapukata states, saying that she was waiting for the building to be corrected.
The letter from Thomas was attached to court documents seen by the newspaper.
In another case Majebe said he met with Bradley’s brother, Cliff, last week.
He said Bradley had converted an old railway house into business premises without municipal approval.
Majebe said Gerber’s lawyers had contacted him last week with a view to negotiate compliance and Deponselle had also approached him in this regard.
“Mafanya has asked for time. We will will contact the sheriff to demolish the structures if she fails to comply when the date of the order arrives,” Majebe said.
He said the order for Naude to comply had been granted and non-compliance would result in demolition.
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