Issued by: Department of Land Affairs
RESOLUTION OF HEKPOORT DISPUTE
The Deputy Minister of Land Affairs Mr Tobie Meyer, today released details of the steps he has taken to resolve a dispute between property owners on the Hekpoort area of the Magaliesburg.
At issue is the existence of a sorghum enrichment plant, Hekpoort Foods cc, which has been operating in the area without a permit since 1988. The current owner of the plant, Mr Ken Barnard, processes sorghum which is trucked in from elsewhere. Residents in the area complain that the movement of large trucks to and from the factory at all hours of the day and and night is a noise pollutant and is destroying the roads. The enrichment process uses formalin, a toxic substance which other property owners say is polluting the water in the area. They also argue that Hekpoort Foods employs illegal alien labour for whom there is no adequate housing on the property. They say that the plant is an industrial activity taking place in an areas zoned for agriculture. They do not want to see the plant closed down, they just want it moved back to an industrial area where its environmental and labour practices can be monitored more effectively.
Mr Barnard's position is that he has made application for a permit in order to legalise the plant. He denies claims that his enterprise is causing water, air and noise pollution and cites studies that have been done which support him on this. He also says that he is quite happy to build housing for his workers, but that he will not don this if there is uncertainty about the future of the plant.
The Deputy Minister of Land Affairs is responsible for administering the Physical Planning Act, 1967, in terms of which permits are issued. He is aware that there have been a series of conflicting recommendations and decisions coming from different national, regional and local government bodies with regard to this case, and has considered the merits of each of these recommendations or decisions. The Ministry is of the opinion that great value should be attached to the views of the local community and that environmental and conservation issues need to be carefully considered before ruling on an application of this nature. This is especially so because the farm in question is very near to a nature conservation area. However, the Deputy Minister has to take into account the fact that its located within an active agricultural environment and is not in a protected area. In addition, the constitutional rights of all parties have also to be taken into account.
The Deputy Minister has therefore applied his mind in the case and tried to find a solution which addresses the needs and interests of all those involved. He has met with all parties concerned with the case and he has been on a site visit to the area to assess the situation. In the view of the Deputy Minister and his advisors, the factory is indeed operating without legal authorisation, but its existence is acknowledged and cannot simply be wished away. Certain of the water and air pollution tests done until now were not sufficiently conclusive and therefore cannot be used as the sole justification for refusing a permit. Legalising the existence of the factory has the advantage that it can then be properly monitored and regulated. If it does not comply with the conditions set down in the permit, the authorities will then be in a position to withdraw the permit, which would mean that the factory would have to cease operating.
The Deputy Minister has issued a permit allowing the factory to continue operating, subject to a set of strict but fair conditions. Chief amongst these is that an Environmental Impact Assessment (EIA) will have to be undertaken and completed within 6 months. The report of the EIA will be assessed by the MEC for Development Planning, Environment and Works of the Gauteng Provincial Administration. If, in the opinion of the MEC concerned, the results of the EIA are not in support of the continued operation of the plant, the permit will immediately lapse. In addition, the owner will have to "comply with all standards and conditions specified in terms of legislation, with regard to levels of air, water and noise pollution as well as housing", as well as apply for the issuing of a permit in terms of the Water Act, 1956.
The permit also makes provision for the establishment of a community-based forum on which all interested parties with LOCUS STANDI will be represented.
A key provision is that, if the conditions as laid out in the permit are not satisfactorily met by the applicant within 60 days from the date of the permit being issued, the permit will automatically lapse.
The permit was drafted after consultations with all parties involved in the dispute. The Deputy Minister would like to thank everyone for their co-operation and call on all concerned to work within the framework of this arrangement toward a lasting solution.
Tobie Meyer Deputy Minister: Land Affairs 19 January 1996
FOR FURTHER INFORMATION PLEASE CONTACT:
PAUL SCHOEMAN: (012) 312 9227 PIETER ROSSOUW: (012) 312 9351 MAURICE SMITHERS: (012) 312 8353