Transnet has just two weeks to demolish its rundown buildings on the beachfront – or face court action.
The Nelson Mandela Bay municipality is gunning for errant property owners – and the ultimatum to Transnet is just the first step in plans to hold the owners of derelict buildings to account, officials said on Monday.
In the absence of what the municipality hopes will be a powerful salvo in its fight against these eyesores – the problem buildings bylaw – the municipality has used the Occupational Health and Safety Act to force the rail and ports giant to demolish the buildings.
The problem buildings bylaw must still be passed by the council.
According to the municipality, Transnet has one property, that houses several white buildings, on the problem buildings list.
The parastatal was issued with a notice last month to demolish the white buildings opposite the fire station.
The move is part of a drive by the municipality to address the metro’s many problem buildings.
Figures provided by the municipality last month show that, to date, 39 buildings have been identified as problems, with four of these dealt with already.
Of the remaining 35 buildings, 26 have been issued with notices to rectify problems and nine have been condemned as they are dangerous.
Of the 26 served notices, 15 are abandoned and occupied by squatters, and 11 are suspected to be used for illegal activities. Human settlements political head Nqaba Bhanga said on Monday that aside from Transnet, the Eastern Cape education department had also been served with a notice to demolish Khumbulani High School in North End which burnt down in 2010.
Bhanga said there had not been a lot of resistance from property owners.
“The response has been favourable and it is very encouraging because this is a big problem that we’re facing.
“We want to make sure that our city is looked after and that our people are safe,” he said.
“There are many buildings that are neglected and not used.
“This poses a threat because some of these buildings are used by criminals for drug dealing and prostitution.
“There are a number of them in Central and in town, and what is happening there is not acceptable at all.
“We have appointed legal firms to help us in this process.”
Municipal spokesperson Mthubanzi Mniki said the bylaw would be used to force property owners to repair or demolish neglected properties.
“Transnet has committed to work with the city in improving and safeguarding the value of their property and its surroundings,” he said.
“The buildings are dilapidated and in a state of disrepair.
“There have been reports by the internal and external security [companies] and safety agencies, including police, on the buildings being hideaways for criminals and vagrants.”
Transnet spokesperson Molatwane Likhethe said the company was aware of the notice. While Likhethe responded in general to questions sent to him on June 22, he could not provide any specifics regarding whether or not the organisation would comply, saying only: “All necessary processes need to be followed in this regard.”
He could, however, not explain what the “necessary processes” were.
A follow-up query sent to Transnet last week remained unanswered on Monday.
The draft problem buildings bylaw was sent out for public comment last year.
Bhanga said last month that the metro had, until now, not had a specific law that it could apply to force owners to revamp buildings.
It had, for years, been using several other building-related laws to hold landlords accountable.
The new law, if passed, will not only affect derelict buildings, but also overgrown open plots and overcrowded accommodation. The law will give police the power to lodge a complaint with the municipality.
The municipality will also be able to order the owner to clean, repair, renovate, repaint, alter, close, demolish or secure problem buildings.
Offending owners could be liable to a fine or imprisonment of up to three years.
They would also be liable for all costs incurred by the municipality, including legal costs.