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Correction of misinformation on draft Unlawful Occupation of Land by-lawThe draft Unlawful Occupation of Land by-law is expected to streamline procedures underpinning the effective resolution of complaints, and to mitigate risks to the City, individuals, and landowners, by ensuring that necessary and ongoing enforcement actions to protect land are supported by legislation.<p>​The draft Unlawful Occupation of Land by-law is expected to streamline procedures underpinning the effective resolution of complaints, and to mitigate risks to the City, individuals, and landowners, by ensuring that necessary and ongoing enforcement actions to protect land are supported by legislation.<br> <br>It is necessary to correct certain distortions in the public domain regarding this by-law as follows:<br> <br>The by-law does not grant new powers to Law Enforcement, these already exist in national legislation<br> <br>It is important to note that the powers to summons, issue admission of guilt fines, arrest, and search, are those conferred on law enforcement officers under the Criminal Procedure Act. The by-law now limits and explicitly states those powers of enforcement to:<br> <br>·       Direct a person to stop prohibited conduct, remove an obstacle, and to leave and remain out of a specified place<br>·       Issue compliance notices as well as notices to appear in court or pay a fine<br>·       Arrest a person who commits an offence in terms of the by-law and to search a person if necessary <br>·       Impound goods and materials as per the City’s Standard Operating Procedure on the Impoundment of Goods and Animals, 2012<br>·       Require identification<br> <br>Powers must be used reasonably and constitutionally as per Section 9(6) <br> <br>The arbitrary exercise of power by officials is prohibited by section 9(6) of By-law which reads:<br> <br>9(6) In taking any of the steps contemplated in this section- <br>(a) every authorised official must- <br>(i)        exercise their powers reasonably with due regard to every person’s fundamental rights under Chapter 2 of the Constitution;<br>(ii)       if force is required under the circumstances, the level of force is justifiable and proportional; and<br>(iii)      in the absence of an authorised official contemplated in paragraph (b), take steps to prevent any other authorised official from exercising powers in contravention of sub-paragraphs (i) and (ii);<br>(b) the authorised official in charge must intervene and take the necessary steps to curtail any unreasonable exercise of powers or disproportionate use of force by any other authorised official under the command of that official.<br> <br>The by-law is aligned to the Prevention of Illegal Eviction and Unlawful Occupation of Land (PIE) Act<br> <br>It is further incorrectly claimed that the draft by-law allows for the removal of any structure, including what would be regarded as a dwelling under the PIE Act.<br> <br>This is completely false. The by-law in fact clearly specifies the conditions upon which a structure can be dismantled to protect land from illegal occupation, stating that ‘authorised officials may dismantle the structure and impound the intended occupiers building materials and possessions if the structure is on land under the City’s control, on a public thoroughfare, or not yet capable of constituting a home on any other land’.<br> <br>Unlawful Occupation is already an illegal act<br> <br>Finally, it is worth pointing out that unlawful occupation is already an illegal act as defined by common, statutory, and public law legislation in South Africa. <br> <br>The City will always act to protect municipal land from illegal occupation attempts. We owe this to future generations of a growing city who will require land for schools, hospitals, transport, housing, community facilities, and more.<br> <br>It is telling in this instance that opposition to the by-law relies no distortions and not merits.</p>2021-07-30T22:00:00Z1
Langeberg Road resurfacing commencing soonResidents and road users are advised that the eastbound lane on Langeberg Road between the Fairtrees and Lubbe Roads intersection and Tara Road will be closed temporarily <p>Residents and road users are advised that the eastbound lane on Langeberg Road between the Fairtrees and Lubbe Roads intersection and Tara Road will be closed temporarily during the construction period. One of the two lanes will be closed to traffic, however, the full road width will be open during the night.<br> <br> During the day, a Stop/Go system will be in place to regulate the traffic. Also, we appeal to all road users to comply with the displayed signage and exercise caution when moving around the construction site during this period.</p><p>We anticipate that there will be congestion in the area and recommend that road users consider making use of alternative routes.</p><p>These  roadworks are implemented as part our routine maintenance and are in keeping with our commitment to improving Cape Town roads by ensuring their safety and enhancing their durability.</p><p><br><strong>End</strong><br></p><p>​</p>2021-07-29T22:00:00Z1
City’s Silvertown clinic reopens with limited services​The City of Cape Town’s Health Department has reopened the Silvertown Clinic in Athlone.<p>​</p><span><p>​​​​​‘The Silvertown clinic burned down on 28 February last year and while there are plans to rebuild the clinic, a limited service is now available,’ said the City’s Mayoral Committee Member for Community Services and Health, Councillor Zahid Badroodien..</p> <figure class="subtopic-fullsize-img"> <img class="responsive" src="https://resource.capetown.gov.za/cityassets/Media%20Centre/Silvertown%201.jpg" alt="" style="width:1066px;" /> </figure></span><span><p>An interim structure was purchased with four consulting rooms, sufficient toilets and a staff room to accommodate curative services and women`s health. </p><p>‘The services are already available and we welcome our clients back at Silvertown,’ said Councillor Badroodien.</p><p>The satellite service at Hazendal will return to twice a week on Tuesdays and Fridays, the Bridgetown hall will remain open five days a week for preventative services, while the curative services, TB and HIV will be on the Silvertown premises.</p> <figure class="subtopic-fullsize-img"> <img class="responsive" src="https://resource.capetown.gov.za/cityassets/Media%20Centre/Silvertown%202.jpg" alt="" style="width:1066px;" /> </figure>​​</span><span>​​</span><p>‘The City’s Health Department is committed to providing services with as little interruption as possible. I encourage residents to continue their visits and bear with us as the entire Silvertown building is now demolished and the next step will be to rebuild the clinic and reinstate it to its former glory,’ added Councillor Badroodien.</p><p><br><strong>End</strong></p>2021-07-29T22:00:00Z1
Council approves recommended Planning Tribunal members​The City of Cape Town approved the preferred candidates of external members to serve on the Municipal Planning Tribunal (MPT).<p>​</p><p>The external members on the MPT are professionals from the private sector and account for nine out of the 25 members who serve on the MPT. </p><p>‘These preferred candidates all possess the level of experience and expertise required to carry out their duties as provided in planning legislation. Their knowledge of and experience within the various relevant disciplines such as land use management; spatial planning and land development is of a level which we believe will enable industry role players to contribute to Cape Town’s built environment in a meaningful and insightful manner.’ </p><p>‘The preferred candidate list reflects a good balance between new and experienced members to ensure continuity,‘ said the City’s Mayoral Committee member for Spatial Planning and Environment, Alderman Marian Nieuwoudt.</p><p>External members are appointed for a period of five years, and their contract is renewable once. Their full term may not exceed 10 years. </p><p>Following the interview process, it was agreed that the existing MPT Chairperson, Dave Daniels and existing Deputy Chairperson, Sydney Holden be reappointed in these designations based on their exemplary performance throughout the current term of the MPT.</p><p>All of these candidates have passed the technical assessment to assess their experience and competence and have been interviewed by the evaluation panel. The nine external preferred candidates are as follows :</p><p style="text-align:left;">1. David Daniels, Chairperson</p><p style="text-align:left;">2. Sydney Holden, Deputy Chairperson</p><p style="text-align:left;">3. Christine Havenga (new), Member</p><p style="text-align:left;">4. Louise Seaward (new), Member </p><p style="text-align:left;">5. Nigel Burls, Member </p><p style="text-align:left;">6. Pierre Smit (new), Member </p><p style="text-align:left;">7. Richard Walton (new), Member </p><p style="text-align:left;">8. Rodney Cronwright, Member </p><p style="text-align:left;">9. Wilfred Winston Johnstone, Member</p><p>The members of the MPT will be expected to:</p><ul><li><div style="text-align:left;">prepare for and attend regional panel meetings, at least once a week</div></li><li><div style="text-align:left;">participate in meetings</div></li><li><div style="text-align:left;">read reports</div></li><li><div style="text-align:left;">conduct site visits, and fulfil other duties and functions provided for in legislation</div></li></ul><p><br><strong>End</strong></p>2021-07-29T22:00:00Z1

 

 

 

 

 

 

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