Kgatleng land developers, ministry clash over land use
Innocent Selatlhwa | Tuesday May 23, 2023 06:00
Dr Kekgonne Baipoledi was slammed for what they termed a generic approach which they say fails to address specific grievances of Kgatleng land developers.
In a scathing response to the letter addressed to the Ministry of Lands and Water Affairs, Baipoledi has come under fire from the land developers for his dismissive attitude towards their plea for intervention.
The aggrieved developers, who listed several categories of complaints, feel that the Permanent Secretary's response fails to address the gravity of the situation and ignores the powers vested in other planning authorities.
Letter to the ministry
The letter from the developers authored by their spokesperson and land surveyor, Gilbert Sesinyi was a plea for intervention by Kgatleng land developers who wrote to the Minister of Lands and Water Affairs. In their letter, the aggrieved complainants listed seven categories being; Applications for change of land use indefinitely deferred; Approvals for change of land use by Sub Land Board, Kgatleng District Council and Department of Surveys and Mapping, revoked by Kgatleng main Land board, therefore, no leases issued; Kgatleng District Council refusal to assess applications for change of land use on fields; Kgatleng Land Board's refusal to assess applications for change of land use of fields; Department of Surveys and Mapping refusal to assess and decide applications on change of land use on fields for cadastral survey approval; Third parties who purchased and developed on plots that were granted change of land use by Sub Land Board; and Refusal by deeds registry to register titles of change of land use on fields.
Ministry’s response
“We note the contents of your letter which indicates what you purport was an injustice by the Kgatleng Land Board against Batswana following the pronouncement by the government to unlock the economic potential of the land. Furthermore, you have submitted that your right to use land has been violated. Our reading of your submission and understanding of the matter is that the Kgatleng Land Board changed the decision of the Sub Land Board about a change of land use. You have further submitted a table of the categories of applications that have been submitted to the different authorities in the land delivery process and that the authorities either refused to assess the applications, delayed considering them and in some cases, the higher authority revoked the decisions of the lower structures,” Baipoledi stated.
He further stated that the submission by land developers is an indication that the envisaged pronouncement was either not properly executed or was derailed from its intended purpose.
“It is, therefore, our considered positioning that what occurred in Kgatleng needed the Land Board to act to bring the situation under control in the interest of orderly development of land. It is common cause that following the decision you alluded to above, the matter has been a subject of discussion and appeal to quite several institutions within government including approaching the courts. Therefore, some of the cases are subjudice,” Baipoledi wrote.
Notwithstanding the above, Baipoledi said the Kgatleng Land Board has profiled the affected parties so as to treat each case on its own merit. In the interest of an amicable resolution of the matter, he said the affected parties are encouraged to approach the matter to find a lasting solution.
Baipoledi further stated that the ministry is constrained to intervene on matters which are still under consideration by one of its structures.
Land developers disappointed
Baipoledi's response was not good enough for the land developers who said he fails to recognise the authority of other institutions, such as the Kgatleng District Council and the Department of Surveys and Mapping, in making decisions regarding land use changes.
Moreover, the developers point out that some cases have already been granted in their favour by the courts and highlight a landmark judgment by the Maun Land Tribunal that comprehensively addresses the issue of land use changes on development plans. They accused Baipoledi of disregarding these court rulings and failing to acknowledge the numerous unresolved cases that have been gathering dust in government offices for four years.
While Baipoledi suggested that affected parties should seek amicable resolutions, the developers assert that they are demanding their legal rights and accuse government of compromising these rights. They argue that justice should not be limited to those who can afford to go to court and call for a responsible government that takes immediate action to address the grievances of the public.
While Baipoledi claimed that the ministry is constrained from intervening in matters that are still under consideration by one of its structures, the developers expressed their disbelief at this statement and demand clarity on the actual constraints preventing him from fulfilling his duties.
“Then the bombshell conclusion, 'the ministry is constrained to intervene on matters which are still under consideration by one of its structures' that has to be the height of magic. We come to you after four years of being denied justice by your ministry and you as the top civil servant in that ministry find it fit to tell us that you are constrained to intervene. What exactly is it that constrains you from doing your job? Please share it with us. If it's a law or statute that references it, don't peddle suppositions and presuppositions. Give us facts. What statute constrains the PS from intervening when members of your team are dropping the ball in their service to the public and it is reported to you?” Sesinyi wrote.
The developers expressed their hope that Baipoledi will lead the way in resolving the complex issues surrounding land rights and steer the nation towards a new era of justice and development.