Public Protector recommends re-opening of two Galeshewe Streets

05 July 2007

The Public Protector Adv Mabedle Lawrence Mushwana has recommended the re-opening of two streets that were closed in Galeshewe, Kimberly by landowners whose properties encroached onto the roads.

Community representatives approached the Public Protector after failing to get a positive response from the municipality regarding the closure of the two streets Phakedi and Palweni in Galeshewe ext 1, Kimberley, Northern Cape. The municipality admitted that portions of the land in question were improperly allocated to the two owners. The owners then decided to put up walls around their properties, effectively closing off the roads.

Representatives of the community complained that the closure of the roads hampered residents' right to free movement and disrupted the delivery of essential and emergency municipal services such as ambulances, mail delivery, fire brigade, and police services. The closure also created confusion and difficulty to access communities as essential services turned back when they found the roads closed.

During the investigation, the Public Protector found that the municipality had passed a resolution to purchase that portion of land from the landowners so that they could reopen the streets. But one of the landowners withdrew his offer to sell, saying the municipality should purchase the entire site and not just a small portion.

The Public Protector recommended that the municipality should take all steps necessary to ensure the immediate reopening of the streets and ensure that its progress with the matter is communicated to communities. The council should consider improving the state of the two roads, including tarring them.

"In the event of lack of cooperation from the site occupants, the Municipality should consider taking all reasonable steps, including expropriation as regulated in terms of section 25(2)(a) of the Constitution, to speed up progress on the matter," Mushwana said.

The Public Protector will monitor the implementation of recommendations.

The Public Protector's office is established in terms of the Constitution of South Africa. It strengthens our young constitutional democracy through, among others, investigating maladministration, delays in service delivery, and allegations of impropriety or prejudice by public administration in any sphere of government.

It is an office of last resort, meaning that all other avenues to address a complaint must be exhausted before the Public Protector is approached. It does not investigate court decisions and its services are free.

For more information contact Charles Phahlane on 012 366 7006 or 082 856 8188.

For media releases, speeches and reports visit the Public Protector�s website www.pprotect.org .