Maravi

(NOSEWEEK) Hermanus forges ahead

Hermanus forges ahead
Issue # 128 June, 2010

With Julius Malema doing “study” trips to Zimbabwe and Venezuela, there’s considerable white angst about land grabs and nationalisation. Many whiteys prefer to forget the fact that the pale ones of this land have a long and inglorious history of grabbing land – and in some more conservative parts this goes on much as it has for centuries.

Contrary to popular belief, the far right that matters today is not the khaki-and-bakkie brigade of Ventersdorp. Nor the simpletons of Orania. No: the right-wingers that wield power today are those schmarmy Merlot-sipping, Merc-driving, Hush Puppies-wearing men who now make the semi-rural Western Cape (and the DA) their home. Many of these lovelies moved south when the place they still call the Transvaal got “a bit too dark”, and a considerable number were seduced by the attractions of Hermanus.

Now the black people of Hermanus mostly find themselves in Zwelihle – which most would call a township, but which the peculiar lingo of Hermanus whiteys calls a “location”. Zwelihle is like many a township – corrugated roads, too few brick houses and too many shacks, plenty of crime, grinding poverty, and masses of frustration.

In a letter to the local newspaper, an organisation called the Zwelihle Community Development describes it thus: “Zwelihle has an estimated population of 25,000, with approximately 7,000 on the municipality’s waiting list for housing. Some have been on the waiting list for more than 12 years. The majority live in shacks which are flooded yearly, due to a lack of a sufficient storm-water system.”

Oddly, Zwelihle does have a new Olympic-sized pool – and at least (up to now) residents have been able to reach the refreshing airs and waters nearby: the houses and shacks reach down to a small milkwood forest, behind which lies a wild and wonderful strip of coast, called Schulphoek.

Its history is set out nicely in a letter from Deon Malherbe to the local rag: “Schulphoek was a camping site for anderskleuriges under the National Party government. Three tidal pools were built. Water was connected, braai areas established and roads constructed. All went to rack and ruin as these areas do when they’re not properly policed. [...] I regularly witness thousands of young people picnicking and hanging out in the area. Zwelihle residents can easily stroll to the sea. That beautiful ragged rocky coastline is not yet developed because there were better pieces to be picked up by the old regime.”

But what do you do when there are no “better pieces” left? Well, you take what you can, so Schulphoek – part Zwelihle, part Hermanus – is being sold to a developer who intends blocking it in with yet another gated, and almost certainly white, luxury housing estate.

The buyer and developer is to be noseweek’s old friend Rabcav – that curious joint venture between Rabie Property Group and Cavcor Construction (noses98,104&110). An entity that in 1999 persuaded the Overstrand Municipal Council to sign a most extraordinary, some say immoral, even illegal, agreement. It appointed Rabcav as “facilitator” for the disposal of all council land, giving it the power to decide what land would be sold, when, and for how much.

The agreement put Rabcav in the happy position of generating huge profits from such sales: in its largest and most controversial deal Rabcav appears to have made some R83m in fees from developing the Hermanus golf course (nose110). No audited account of this deal and development has been produced.

The other major party to the Schulphoek sale is of course the DA-run Overstrand municipal council. Why is Schulphoek being sold to Rabcav? Presumably because Rabcav decreed that it shall be so, and the council agreed (in a split vote, with the ANC councillors voting against). The council is bullish as always: its newsletter says the deal offers “great value to the community”. It also reports that although the land is valued at R28.9m, Rabcav is giving the council only R5.3m.

But don’t worry, the council intones – we'll get a business centre worth R5.7m, and bulk services worth R17.5m, and some R1m in “development contribution fees”. And we'll build 100 low-cost houses in Zwelihle; and we’ll build a clinic. And, look – wow – if we do this deal we can exit the Rab-cav facilitation agreement. Meaning: If Rabcav gets this piece of public land no-one has any right to use for their own profit, it will close up shop in Hermanus because there’s nothing left to take (how many millions later?).

Which suggests that the spotlight noseweek has shone on Rabcav for a few years might have been making things a little uncomfortable. It also suggests that the council acknowledges that the Rabcav facilitation agreement was a deal from hell.

So, get it straight: the Schulphoek deal is another smoke and mirrors backrooms of brotherhood deal – and anyone asking questions is politely shown the finger (the smelly one of course). Noseweek nonetheless asked the obvious – and got the expected response.

How much longer, we asked, did the facilitation agreement have to run? Why wasn’t it simply cancelled? Why the final bonanza to Rabcav? Please explain in detail: how does this deal offer “great value” to Hermanus and Zwelihle, if the bulk of the price consists of providing services that the council would have no obligation to provide if the land stayed as it is? Also: how much is Rabcav set to make? And that paltry R5.3m – will the council use it to build the clinic and 100 houses? If so, where and when (the provincial approval document gives it five years)?

Do you mind telling the world if the development will indeed block the people of Zwelihle’s access to the sea? Is this why the council took the otherwise inexplicable step of building an Olympic-sized pool in Zwelihle a few years back (on a rubbish dump site), when the area has far more pressing needs?

Noseweek also enquired whether the council intends going ahead with its plan to effectively privatise another popular bathing spot, the Fick’s tidal pool (nose119) – thereby depriving the residents of Zwelihle and other townships of open access.

Municipal manager Werner Zybrands and Executive Mayor Theo Beyleveldt quickly answered with a full and carefully thought-out “No Comment”. This “brains trust” appears to be firmly convinced that council matters are of no concern to its ratepayers (many of whom read noseweek), nor to the public at large. The two men behind Rabcav, John Rabie of Rabie Property Group and Leslie Viljoen of Cavcor Construction, naturally kept totally schtumm. As did Helen Zille and various others at the Democratic Appearance.

At least one whitey in Hermanus has enough humanity to feel ashamed about the deal – and the guts to come out with it. In his letter to the local rag, Deon Malherbe writes: “This important means of coastal access for the residents of Zwelihle will be cut off if the Rabcav deal goes through. Those residents will effectively be barred by a walled, gated and electric-fenced security village. Makes one think of JM Coetzee’s Waiting for the Barbarians. Is there no end to land-grabbing? This land should be open to all. It should be available for the enjoyment of the people living in the immediate vicinity. I want no part of a council that practises Apartheid in this cynical fashion. Why must the council buy Rabcav off? Rather take advice from Senior Counsel. I can only plead – do not commit this offence against natural justice.”

Zybrands did feel constrained to deal with Malherbe’s comments, in the local press – but, sadly, his response only confirms what sane people are saying about the whole deal,

Responding in Afrikaans (to Malherbe’s English letter – a language more familiar to residents of Zwelihle), Zybrands managed (once again) to hide his ignominy in prattle of no consequence. Of course there would be unrestricted access to the sea (where or how?); and there will be new houses and a clinic (as if these were gifts from the gods and not what should be expected). And: there had been extensive consultation with the people of Zwelihle. Oh yes?

The Zwelihle Community Development rapidly responded. Their letter says: “The availability of land for housing for this community is severely limited. The land should be available for the enjoyment of the people living in the absolute immediate vicinity. Since the original consultative process the community has attempted on several occasions to get Rabcav and the municipality to come back to them to finalise the benefits for the community and reach an agreement. These attempts have been futile.”

The Schulphoek deal certainly shows most of the cracks in the system. The provincial government approved the development back in November 2005, and in 2008 it turned down an appeal. Both decisions were taken during ANC administration in the Western Cape (see Letters page for more about Pierre Uys who, as ANC minister of the environment, approved a number of controversial developments, in a hurry). It would also appear that certain members of the coloured community of Mt Pleasant may have received certain inducements for their willing co-operation in the affair. (Mt Pleasant lies just above Zwelihle and this community will also be affected by lack of access to the coast).

Mt Pleasant community leader Bernard Overmeyer claims there is a town planning-driven process in place to keep Hermanus as white as possible. On 19 April 2010 he sent a desperate letter to Mr VT Pillay of the National Treasury, saying: “I understand that certain people in our community signed off this project in favour of personal gain. You were recommended as a person who leaves no stone unturned. My humble plea is whether you can help our people by blocking this Schulphoek development with a special interdict, until further investigation.”

The affair won’t end well, say various parties. According to Malherbe: “This mistake will live with us for the next 100 years. Prospective purchasers should not wonder when a massive class action is instituted to restore this land to the people.”

Then there’s the Zwelihle Community Development’s view: “Alienation, disrespect and disregard for Zwelihle are difficult to quantify. The people of Zwelihle believe it is their land.”

Community leader Bernard Overmeyer was quoted in the local paper as follows: “Residents of Zwelihle and Mt Pleasant have reached an agreement to make Hermanus ungovernable if any construction starts in Schulphoek.”

You can be sure that the council cares not one jot.

Money in them low-cost houses

The Overstrand Municipal Council’s record on providing low-cost housing is hardly impressive, nor free of suspicion, as evidenced by the legal shambles reported on in nose119. In sum: In 2007 the council put the construction of 3000 low-cost houses out to tender, and it was finally awarded to a company called M5. Two unsuccessful tenderers filed appeals. Blue Whale’s appeal was filed correctly, but Asla’s was way out of time and therefore improper. This didn’t prevent then acting municipal manager Coenie Groenewald from reversing the M5 award and handing it to Asla.

Unsurprisingly, M5 had this reversal set aside by the Cape High Court. For reasons best known to themselves, Asla, the Overstrand Municipality and Groenewald appealed to the Supreme Court of Appeal.

But on 31 March Appeal Court Judge Leach threw it back at them. He ruled that Groenewald’s decision – which he described as “surprising to say the least” – was unlawful. He declared that as Asla’s appeal was not proper, Groenewald had no grounds for reconsidering their tender.

Current municipal manager, Werner Zybrands has claimed in the local press that the decision has “not led to serious delays in the provision of low cost housing”. But he’s not talking about what timeline was given to M5 in 2007, and how many of the projected 3000 houses have been built.

Zybrands also claims that the council is not liable for costs relating to the appeal, because it agreed to abide by the Cape High Court’s decision. How he came to this conclusion no-one can say: the Bloemfontein appeal was dismissed with costs. Zybrands also declined to tell noseweek how much the council has spent on its legal costs.

The undoubtedy unrepentant Groenewald remains on the council payroll as director of management services.

Labels: LAND REFORM, SOUTH AFRICA

posted by MrK @ 4:06 AM