16-07-2025
Investigation into illegal settlements gains momentum
Houses in the Kleinfontein community just outside Pretoria East will not be demolished after details were released from the report of a mayoral committee tasked to developing a framework on what is illegal and what is an informal establishment within the metro's jurisdiction.
Kleinfontein will however be held to comply with the metro's regulations for city planning and zoning as well as to be penalised for failure to pay rates and taxes.
This opinion was expressed by Aaron Maluleka, the MMC for Tshwane Human Settlements, in July.
Kleinfontein is expected to pay just over R2-million per month in taxes, a huge leap from its previous R126 000 per month.
The Kleinfontein community has appealed to the metro to fast-track its rezoning application in order to comply and pay fair rates and taxes.
Maluleka said the metro leadership will be in contact with the Kleinfontein leadership on compliance matters, the preservation of wetlands and other matters like the application for zoning pending since 2013 .
The Kleinfontein community welcomed the mayoral sub-committee proactive approach and commitment to resolving issues.
Spokesperson for the community, Danie de Beer, said, 'We do however disagree that Kleinfontein is grouped with 17 so called illegal settlements.
'As a community settlement, we differ fundamentally from a conventional profit driven development. Kleinfontein is a community settlement and not a development in the true sense of the word.
'In addition, we have an active and pending rezoning application with the metro.
'Kleinfontein is further different as it is mostly self sufficient and does not use nor requires any services from the city. Lastly, we gained cultural status in 2013 as a community.
'Clearly Kleinfontein is different and cannot just be labelled as just another illegal settlement.'
Issues around zoning and other metro matters concerning the development of Kleinfontein came to light again with the report that was tabled at a mayoral committee meeting in June and that will most likely finally be tabled at a meeting of the council later this month.
Metro spokesperson Lindela Mashigo said the report is the result of a decision in May 2025 by the mayoral committee to establish a subcommittee to develop a policy framework to address the growing issue of illegal developments within the metro.
In the report the metro has identified 17 such developments, some occurring on council-owned land and others on private property.
These developments were all initiated outside the legal frameworks governing township establishment.
'These developments typically bypass formal application processes, planning approvals, and infrastructure contributions, posing significant regulatory and infrastructural challenges,' said Mashigo.
He explained these developments fall into two broad categories.
The first involves individual property owners acting outside legal frameworks by using or developing their land without proper zoning approvals or building plans.
By sidestepping the compliance matters, they are contravening the Tshwane Land Use Scheme of 2024, and National Building Regulations.
The second category involves landowners knowingly allowing others to develop medium- to high-value housing or commercial structures on their land without legal permission from the metro.
In both cases, development occurs without metro oversight, or the legal contributions required to support infrastructure expansion.
'Understanding the impact of these 'illegal townships' requires distinguishing them from informal settlements.
'While informal areas may be identified for upgrading through transitional processes as per the Spatial Planning and Land Use Management Act, illegal townships involve formal construction and land use that is entirely outside the legal framework.'
The metro's by-laws define 'illegal townships' in contrast to 'townships' and 'informal settlements', allowing for specific responses.
These 17 identified developments fit the criteria for illegal townships, where formal housing is erected without township establishment processes.
Mashigo confirmed, 'Illegal townships result in serious consequences, including lack of access to basic services, poor spatial planning, infrastructure strain, and safety risks from unregulated land occupation.
'The metro, therefore, seeks to respond decisively by developing and implementing a clear policy framework.
'The mayoral sub-committee will lead this effort, aligning with applicable legislation to prevent future illegal developments and address existing ones in a structured and sustainable manner.'
He added the committee's primary objective is to develop a comprehensive framework aligned with the Spatial Planning and Land Use Management Act and by-laws to address and prevent the proliferation of illegal townships and developments.
'This includes identifying and profiling all such settlements, recommending a unified policy response, and creating preventative mechanisms such as better enforcement, early detection, and raising public awareness,' said Mashigo.
The subcommittee's responsibilities focus on thoroughly reviewing the legal and planning aspects of 17 identified illegal townships.
The developments where these illegal land use activities have been identified include Kleinfontein and areas such as Leeuwfontein, Moshate Gardens, Marula View, Mooikloof (Tweefontein), Wallmannsthal, Haakdoringboom, Onderstepoort,Moshate Gardens,
The review involves consulting with affected residents and property owners, engaging government departments and enforcement agencies, and considering policy, legal, spatial, and infrastructure issues.
'Ultimately, the subcommittee is expected to propose a consolidated approach and draft policy for council approval.
'It should also advise on amendments to the city's spatial development framework and serve as a technical advisory body to the mayoral committee on illegal township matters,' said Mashigo.
In the interim, the council has approved the implementation of penalty rates on 713 property owners identified by the administration for illegal land use, and failure to take remedial action.
This includes some illegal developments as well as individual properties spread all over the city that are being used for purposes in contravention of the current zoning.
These properties will now be recategorised for rates purposes as 'unpermitted use' and the owners be compelled to pay penalty rates.
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