After two weeks of intensive negotiations and ongoing talks between the Overstrand Municipality and Over Hills Committee, the situation is calm.

It is not the municipality's policy to provide information through the media or social media during the negotiation phase. However, the Municipality was constantly in contact with the aggrieved.

There are currently two illegal structures (without roofing) erected on the mountain slopes, which were not removed voluntarily last week. No further illegal structures have been erected since and the municipality is monitoring the situation 24/7 for further action.

On Wednesday, 13 September, Overstrand Mayor Rudolph Smith, Municipal Manager Coenie Groenewald and senior staff members, addressed representatives of the Over Hills community.

Resulting from this conversation, the said delegation met on 14 September with the Western Cape Commissioner of the Human Rights Commission Mr. Chris Nissen, Western Cape Minister of Community Safety Mr. Dan Plato, as well as Western Cape Finance Minister Dr. Ivan Meyer, and community leaders.

This was agreed upon:

Awarding of Tender

The Western Cape Finance Minister, Dr. Ivan Meyer, wants to ascertain if the Municipality followed the tender procedure, as prescribed by legislation.

The Municipal Manager undertook to send all documents and reports relating to the tender to his office by Friday afternoon, 15 September 2017; which was done.

The Minister, in turn, said that he will give feedback in this regard by 30 September.

The Municipal Manager confirmed that the Municipality suffices that the legal process, as prescribed by legislation, was followed sequaciously and that the tender has not been suspended.

The Tender Adjudication Committee awarded the tender to the successful bidder who scored the highest marks.

The bidders were informed of the decision and, in terms of section 62 of the Municipal Systems Act, no formal appeal was lodged against the decision.

"The municipality does not have the power to suspend a tender" – unless it’s in accordance with the terms and conditions of the contract, which is not the case here.

In view of the fact that the Tender Adjudication Committee is the delegated power of the municipality functus officio (mandate expired), the decision remains and consequently, the decision can only be amended or disregarded by way of a review application in the High Court.

"A valid agreement is in place with the current bidder and the municipality must act accordingly," Groenewald said.

It is important to pay attention to specific legal consequences that derive from the contract with the successful bidder.

Consequently, in terms of the Promotion of Administrative Justice Act (PAJA), the decision of the delegated power can only be reviewed by means of a formal review application to the Supreme Court.

Housing in Kleinmond

Stephen Müller, Director: Infrastructure and Planning, once again explained the municipality's five-year housing plan to the committee. The housing plan forms part of the Integrated Development Plan (IDP - Chapter 4 p 138), which is available on the Municipal website.Chris Nissen of the Human Rights Commission (MRC) for the Western Cape and the two ministers suggested that the Provincial Housing Minister, Bonginkosi Madikizela, be invited to address the housing community and to ascertain the housing shortage in the area.

Chris Nissen of the Human Rights Commission (MRC) for the Western Cape and the two ministers suggested that the Provincial Housing Minister, Bonginkosi Madikizela, be invited to address the housing community and to ascertain the housing shortage in the area.Appropriation of land for cemetery in Kleinmond

Appropriation of land for cemetery in Kleinmond

The Municipality has a fundamental challenge with land suitable for a cemetery and is currently in the process of developing a regional cemetery at Karwyderskraal.

The Municipality has a fundamental challenge with land suitable for a cemetery and is currently in the process of developing a regional cemetery at Karwyderskraal.

However, the Executive Mayor undertook to conduct another investigation into land outside the municipal area that may be suitable for a cemetery.

According to a previous report, the small piece of land adjacent to the existing cemetery is available, but soil quality and the high groundwater level make the area very wet, and therefore not suitable for a cemetery. The same problem is encountered in Palmiet. There are also alternative types of graves that could work in the wet soil, but such a modular grave system is expensive. At present, it costs between R500 and R700 to dig a grave, depending on the depth. However, a modular grave system costs about R40 000.

Lights

Lights will be erected on the side of the area where the boy was recently killed, as well as at the Faerie Glen picnic area.

Thank you

The Police are part of the executive power of the State responsible for public order and homeland security.

Municipalities are responsible for providing basic services such as refuse and sewage disposal, as well as water supply.

The Municipal Manager expressed his acknowledgment and appreciation to the community for their support. He praised the inhabitants who, despite differences, ensured that old-age homes and law enforcement officers were taken care of. There was also a group of people who worked closely with the municipal control room to channel and distribute information.


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Hermanus 028 313 8000
Kleinmond 028 271 8400
Gansbaai 028 384 8300
Stanford 028 341 8500

enquiries@overstrand.gov.za