BCM in no rush to rehouse residents living in Newlands quarry

Buffalo City Metro has known since at least 2012 that it is obliged to provide alternative housing for illegal land occupiers in a Newlands quarry, but it has asked the high court for a further 18 months to get its act together in developing a new township.

The municipality says alternative housing is not a priority for the quarry residents, despite their exposure to the danger of blasting operations and other quarrying hazards such as dust.

The municipality has to report to the high court on its progress in providing serviced land for families living in the quarry by April 30.

But municipal manager Andile Sihlahla said in an affidavit filed with the court last week that the Msobomvu farm identified for the quarry community’s relocation would be one of 14 informal settlements in the Newlands spatial development framework, and was not “a high priority”.

Apart from budget shortfalls, Sihlahla also cited that the Msobomvu farm was still owned by Amathole District Municipality as a reason for the 18-month delay in implementing a new township on it.

This is the latest development in a 21-year struggle by quarry company Independent Crushers to secure its land and mining rights in the face of illegal occupation.

The company and the owners of the land, the Leo Trust, obtained an eviction order against the residents in 2012, with most occupiers vacating the land.

However, a few families elected to stay behind.

At the time the Dispatch reported that the municipality was urgently working to find alternative land for the rest of the illegal settlement.

However, Leo Trust trustee and MD of Independent Crushers, Glynnis Larrett, said in court papers that, after BCM illegally erected pit toilets for the remaining occupiers in 2017, there had been a “dramatic increase” in the number of unlawful occupants.

Leo Trust obtained default judgment against the illegal occupiers, BCM and the MEC for human settlements in July 2019.

BCM identified the Msobomvu farm as a likely relocation site and the high court ordered on December 13 that it report monthly on progress towards making the land ready for occupation by April 30 this year.

The latest court action sets out some of the risks arising from continued settlement within the quarry precincts.

These include the inherent danger of blasting operations, the health hazard from exposure to dust in the quarry, and the lack of running water, sewage or refuse removal.

The area was not fit for human occupation, Larrett said.

She also indicated the quarry’s intention to expand its operations.

Despite a donation agreement between BCM and ADM to transfer the Msobomvu land in May 2018, Sihlahla has told the court that he became aware in December 2019 that the transfer had not yet been effective, despite the land appearing on the metro’s asset register.

As a result, processes such as developing a township plan, engineering and environmental studies, and a traffic impact assessment were delayed.

Only once these activities had occurred could BCM consider procuring materials for emergency accommodation.

In any case, he said, it was now “the end of the financial year” and the metro had exhausted its emergency budget.

BCM’s financial year ends on June 30.

The Leo Trust wants the court to hold Sihlahla personally liable for the legal costs of its court application.

Their attorney, Chris Abdo, said the community was growing in the direction of the quarry and would affect Independent’s ability to mine.

The court has not yet dealt with Sihlahla’s affidavit.