Case of Mochudi building finally reaches the courts

LEKOPANYE MOOKETSI
Correspondent | Tuesday October 26, 2010 00:00

 

The massive complex has been idle for several years because the Kgatleng District Council will not issue an occupation certificate because the complex has allegedly encroached into the road reserve by two metres.

In the past, the owners of the building have applied to the Minister of Lands and Housing, who rejected their appeal at every turn. At one time, the matter even reached former president Festus Mogae's office that also advised keeping to laid down procedures.

The Chairman of the Kgatleng District Council, Steven Makhura, has confirmed that they have been served with a summons on the matter. 'We are responding,' Makhura said, adding that the owners of the complex are suing the council for not issuing them with an occupation certificate.

He said the building was not inspected because it did not comply with the requirements of the building control code. However, when the owners applied to put up their building, their designs were approved, Makhura said.

But it was subsequently realised that the building had allegedly encroached into the road reserve by two metres. It also encroached into neighbouring private properties. He said the council recommended that the company should revert to the initial designs, but this was not complied with. Instead, the company had proceeded with construction without the council inspecting every stage until the building was completed around 2003. Makhura said when the council could not issue an occupation certificate, the company appealed to the Minister of Lands and Housing for a waiver but the minister rejected the appeal.

The company also approached former vice-president, Ian Khama, who also turned down their appeal until it ultimately reached Mogae. Mogae turned them down and advised that they engage a private consultant and a structural engineer.

Makhura said it was also found that the building allegedly has some deficiencies - moisture and cracks. The Council Chairman revealed that this was not the first time that the owners of the building allegedly failed to comply with regulations, saying they had done the same thing with the building leased by Choppies in Mochudi.

The building had also allegedly encroached into a road reserve and the council rejected their application for occupation. However, at that time, the Minister of Lands and Housing was Jacob Nkate, to whom the company. Nkate granted the company a waiver, giving them an enforcement notice of three years. But the three years has since elapsed but the company has not reverted to the original designs.

Efforts to contact the owners were futile. But the owner of the company is a prominent businessman who ownes commercial properties in Mochudi and Gaborone.