SAHRC Uncovers Racial Bias in Hartbeespoort Land Leases: Black Applicants Side-lined for Years

A new SAHRC report has pulled back the curtain on systemic racial discrimination in the allocation of state-owned land along Hartbeespoort Dam, confirming long-standing grievances from black residents and local entrepreneurs.

The investigation found that black applicants were consistently sidelined for more than a decade, while white occupants not only retained their leases but, in some cases, expanded access to prime damfront properties.

Black Entrepreneurs Denied Access While Privileged White Occupants Thrived

The probe, launched after a 2023 complaint by Mmeli Mdluli on behalf of the Hartbeespoort Community Development Initiative, examined lease allocations by the Department of Water and Sanitation.

Since 2012, 120 lease applications had been submitted for damfront land78 from black applicants. Yet only one lease was granted to a black male, compared to two for white males and one for a mixed-race entity.

The SAHRC described the disparity as a violation of constitutional and statutory obligations to redress historical exclusion and advance substantive equality.

“Through its historic and ongoing failure to redress racial disparities in the allocation of leases, the department violated black applicants’ right to equality and perpetuated indirect racial and gender unfair discrimination,” the report states.

Rather than prioritising transformation, the department favoured existing, predominantly white occupants, citing job preservationa justification the commission rejected as constitutionally unsound and reflective of entrenched privilege.

Tensions Escalate: Harassment, Arson, and Social Media Threats

The report situates these injustices within a broader context of tension and unrest. In September 2023, Thabiso Mathibedi’s Bubbles Champagne Garden Restaurant was burned down following social media threats. While SAHRC could not conclusively prove arson or police bias, the incidents intensified mistrust between communities.

The commission also highlighted the disproportionate exclusion of black women from leases, reflecting historic gender inequities and limiting their economic participation in the Hartbeespoort economy.

“The exclusionary practices of the department and the lack of effective response have impaired the dignity of black and female applicants and residents,” the report notes.

Local Municipality Failures Complicate the Crisis

The Madibeng Local Municipality was labelled “dysfunctional,” with the SAHRC citing collapsed planning systems, failure to enforce bylaws, and delays in processing business licences. The municipality’s inaction worsened tensions and violated residents’ rights to just administrative action, according to the report.

Recommendations: Transformation, Audits, and Accountability

The SAHRC has made a series of urgent recommendations:

• Finalise the revised lease policy within 90 days.

• Establish transformation targets and review all revoked PTOs (permissions to occupy).

• Conduct a full audit of current land occupiers, taking legal action against unlawful occupants.

• Clear municipal planning and licence backlogs, and finalise outstanding bylaws.

The commission warned that non-compliance could trigger legal action, underscoring the seriousness of the violations.

A Wake-Up Call for Economic Equity

For years, Hartbeespoort Dam has been a prime economic and recreational hub, yet the SAHRC findings reveal how systemic inequities continue to marginalise black entrepreneurs and women.

Social media has lit up with reactions from residents frustrated at decades of neglect. One resident tweeted:

“We keep being promised transformation, yet white-owned businesses still dominate the dam. How long must we wait for justice?”

The SAHRC report not only exposes racial bias in public land allocations, but also serves as a call to action for the department and municipalities to address historical wrongs and foster a more equitable future for the Hartbeespoort community.

{Source: The Citizen}

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