High court order clears path for Kleinfontein township application

The Kleinfontein informal settlement outside Pretoria has been given a legal framework for formalisation after a High Court order, the settlement’s spokesperson said. The order requires a new township establishment application and changes how municipal rates on the properties will be treated.

What the court ordered

The High Court established a framework that, among other requirements, compels Kleinfontein to submit a complete and comprehensive land development application by no later than 31 August for the proposed township of Kleinfontein Extension 1 on portions of the farms Kleinfontein 368 JR and Donkerhoek 365 JR.

The application must comply with Section 16(4) of the City of Tshwane’s land use management bylaw and will be treated as a new application, including a full public participation process, the settlement’s spokesperson, Dannie de Beer, said.

“The application will comply with Section 16(4) of the City of Tshwane’s land use management bylaw and will be treated as a new application, including a full public participation process.”

De Beer said the municipality will take existing buildings, engineering services, infrastructure and improvements into account and will make every effort to accommodate them within the legal framework, where reasonably possible.

Limits on new building and follow-up steps

The order states that pending the outcome of the applications, no further construction or development of buildings, dwellings, or improvements shall take place, except for infrastructure required by the municipality, and that no new share blocks shall be issued. Once zoning is finalised, the necessary National Building Regulations applications must be submitted within six months.

Municipal levies and accounts adjusted

De Beer said the city’s decision to levy tariffs for unauthorised use on the properties, effective from 1 September 2024, has been reviewed and set aside. The relevant municipal accounts have been adjusted to reflect actual current usage as residential, agricultural, or business and commercial.

“Outstanding amounts are to be settled within 60 days of the order and previous account disputes are considered resolved or withdrawn.”

Legal representation and reaction

Freedom Front Plus (FF+) Tshwane mayoral candidate Willie Spies said the settlement ends a protracted legal battle and noted that the law firm Hurter Spies acted as Kleinfontein’s legal representative in the matter. Spies said the settlement provides that Kleinfontein will submit a formal new township establishment application to the city by 31 August and that the application will be considered in accordance with the applicable rules and regulations.

“The settlement provides that Kleinfontein will submit a formal new township establishment application to the city by 31 August and that the application will then be considered in accordance with the rules and regulations applicable to township establishment.”

The High Court order sets a clear administrative path for the next steps in the township establishment process and alters how municipal rates are applied to the properties while the new application proceeds.