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The Freedom Front Plus has exposed an illegal development by the Gauteng Provincial Government (GPG) and the Johannesburg Metropolitan Council in Lindhaven, Roodepoort. According to Advocate Anton Alberts, Freedom Front Plus councillor in the Johannesburg Metro, the high-density housing development is taking place on a clear piece of land owned by the Johannesburg Metropolitan Council along South Street in Lindhaven that is currently zoned for agricultural use only.

"Homeowners adjacent to the land noticed development starting to take place mid-2008 and upon various queries posed to the developers and the Metro could not obtain any clear answers. At this point I was called upon to assist with the investigation as the speed with which the development was undertaken was increasing and no formal answers were forthcoming from the developers, the Metro or the GPG. In the meantime the rumours were rife that the land was earmarked by the Johannesburg Metro and the Gauteng Provincial Government to provide interim support for the people from the nearby Princess informal settlement until this area could be formalised in accordance with the Integrated Development Plan (IDP) of the Metro Council. The development was taking place at a pace while no formal consultation with the residents in Lindhaven was undertaken. The residents and home owners then decided to form the West Rand Home Owners Association and appointed an attorney to investigate this matter," Adv. Alberts said.

Since then a process of communication between the Metro, the GPG and the attorney took place with undertakings by the developing parties to stop the development pending consultation. Notwithstanding, the development merely continued at which point Adv. Alberts decided to pose firm written questions about the legality of the development to the Metro in terms of the Standing Rules of Council.

These questions were posed on 6 May 2009 for answer at the Council meeting of 28 May 2009, but none was forthcoming at that Council meeting or the subsequent meeting in June. Only after relentlessly pressuring the Council to provide written answers, did the Council respond at the end of July 2009. "This makes one wonder what the Council was trying to fix in the time it took to provide the answers they were obliged to," Adv. Alberts commented. It seems as if the Metro and the GPG was trying to create a fait accompli with the rushed development after which the consultation process would have been mere window dressing.

In the answers, it is clear that the development, as it stands is illegal, as the Council admits no formal consultations with the home owners and residents affected have taken place. This consultation process is still to be embarked upon. This belies any rumours that all consultations have duly taken place and that the development is taking place within the parameters of the law.

We will now ensure that two measures are adhered to:

· Firstly that the South Road development is completely halted; and
· Secondly that the consultation process is embarked upon and performed in an equitable manner.

Adv. Alberts said that the Freedom Front Plus remains committed to serving the interest of the Lindhaven residents and home owners to find a sensible solution to the developmental issues in that area. There is in principle no problem with the formalisation of the Princess informal settlement, as it will benefit the home owners, residents and the poor people from the Princess settlement. However, the process in terms of this development and that of South Street must be done in an equitable manner that take into account the valid concerns of the home owners of Lindhaven and other affected areas. In fact, as alternative land is available nearby that will not affect the home owners and residents, there is no reason to continue with the South Road development. A win-win solution is possible.