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A familiar sight in front of Maseakhole Constructability and Projects in Stubbs Street, one of several local businesses trading illegally from residential properties in Makhado (Louis Trichardt). Trucks obstruct traffic as heavy vehicles are loaded and unloaded, while residents are kept awake by workshop staff repairing vehicles at all hours of the day and night. The municipality has confirmed that the business is operating in contravention of the municipal by-laws and regulations and will be acted upon. Photo supplied.

No illegal trading!

Date: 28 March 2014 By: Andries van Zyl

Is it still necessary to adhere to municipal by-laws and regulations when it comes to starting a business in Makhado (Louis Trichardt)?

Judging by the number of illegal business practices sprouting up across town in residential areas over the past few years, many believe that this question is justifiable.

For years now, Mooketsi Towing has been operating illegally from a property, 80 Olifant Street (Erf 1642), still zoned as Residential 1. In 2011 already, this illegal operation was brought to the attention of the municipality. Earlier this year, the municipality acknowledged once again that Mooketsi Towing was trading illegally from a residential property when they stated “the owner is contravening the municipal by-laws if the property is being used for ‘towing services’, and that contravention letter will be issued in due course.”

Another business operating in contravention of the municipal by-laws and regulations is the scrapyard in Grobler Street (Erf 429, 79 Grobler Street). Although the premises were, according to the Makhado Municipality, re-zoned to Business 1 sometime during 2012, this was only done with consent to sell second-hand vehicles and not to operate as a scrapyard (The municipality’s 2014 to 2018 valuation roll still lists this property as Residential 1).

More recently, Maseakhole Constructability and Projects started operating a construction and transport company from a residential property in Stubbs Street. A workshop was also built on the premises, with generators running and vehicle repairs taking place at all hours of the day and night. Huge traffic jams are also caused by this company as drivers attempt to manoeuvre the fleet of trucks in and out of this residential property. It is also not strange to find heavy vehicles parked halfway in the road for days on end.

The Makhado Municipality’s apparent reluctance to act against these and other illegal businesses operating right under its nose has residents living around these properties fuming. Some believe there is a sinister plot behind the municipality's turning a blind eye to these operations, while others are of the opinion that the municipality is applying double standards when it comes to cracking down on illegal business practices. At the beginning of the year, the municipality went to war with hawkers in the town’s CBD who were apparently operating without licenses. Yet it would seem that, when it comes to the wealthier and better-known business owners, the latter are being allowed to operate without having to adhere to any of the municipal by-laws and zoning regulations.

In their response to a media enquiry regarding these businesses last week, the Makhado Municipality categorically denied applying double standards when it comes to municipal law enforcement. “The municipality is not and will never apply double standards when it comes to the issue of contravening its by-laws,” the municipality states. They say that last year alone, 196 contravention notices related to land-use management were issued within the Louis Trichardt Extensions, Tshikota, Eltivillas and Vuwani townships. “More than 20 contravention notices have been issued this year and the municipality will take action [against] owners who are not complying. The list of those properties can be viewed at [the] town planning offices for reference,” the municipality says.

In the latest development regarding the scrapyard in Grobler Street and Mooketsi Towing, the municipality states that both businesses, irrespective of their zoning, are in contravention of the municipal regulations and by-laws. “The Department of Development Planning has investigated the matter and the site visit was done. It was found that the owners are contravening the municipal by-laws, in particular the Makhado Land Use Scheme, 2009. Upon site visit, contravention letters were issued and given to the property’s owner,” the municipality said.

Following the issuing of the contravention letters, the owners of both properties were given seven days to discontinue the illegal land use on their properties. The owners, however, failed to respond. “The period given to the owners has lapsed and the municipality will exercise Clause 31.3 of the Makhado Land Use Scheme 2009,” the municipality says. This clause, basically, mandates the municipality to remove all buildings or work that does not comply with the land-use scheme from the premises at the expense of the owner. The supporting section of this clause is Section 42 (6) of the Town Planning and Townships Ordinance, 1986. “Currently, the internal process, in consultation with other departments within the municipality, is underway and the above clause will be exercised before the end of March 2014,” the municipality says.

Maseakhole Constructability and Projects, operating from 21 Stubbs Street (Erf 1540) has also been found to be in contravention of the Makhado Land Use Scheme 2009. “The zoning of the property is ‘Residential 1’ with (the) dwelling unit as a primary right. There is no special consent applied for or given and the property is not rezoned. The municipality has since given the owner of the property a notice with a period of 14 days,” the municipality says. They point out that proper procedure must be followed when dealing with the issue of illegal land use. “The owner must be given a notice first before Clause 31.3 of the Makhado Land Use Scheme 2009 is exercised. This will serve as evidence,” the municipality says.

With regard to the municipality’s recent crackdown on illegal hawkers, the municipality states that it should be noted that contraventions are dealt with in terms of Section 42 of the Town Planning and Townships Ordinance of 1986 (Ordinance 15 of 1986) and Clause 31 of the Makhado Land Use Scheme of 2009, and steps as stated under the section and clause must be followed. “This is different when coming to hawkers issues since the municipality is the rightful owner of the property where hawkers normally operate and operation without a permit or licence issued by the owner (municipality) is an offence. The difference is the process to be followed and illegal land use is more complex as it deals with the individual owner of the property and evidence will be needed in case of court order,” the municipality says.

 
 
 

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Andries van Zyl

Andries joined the Zoutpansberger and Limpopo Mirror in April 1993 as a darkroom assistant. Within a couple of months he moved over to the production side of the newspaper and eventually doubled as a reporter. In 1995 he left the newspaper group and travelled overseas for a couple of months. In 1996, Andries rejoined the Zoutpansberger as a reporter. In August 2002, he was appointed as News Editor of the Zoutpansberger, a position he holds until today.

 
 

More photos... 

Another business operating in contravention of municipal by-laws and regulations? This is the scene of a transport company at 56 Munnik Street (Erf 643) where the municipal sidewalk also doubles as a workshop for trucks to be repaired, as was the case when this photo was taken. On the adjacent property, 58 Munnik Street (Erf 641), a business signs appears (registered as Masana Social Consultants CC on the municipal valuation roll), although both properties are still zoned as Residential 1 on the valuation roll.

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