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New Horizon residents protest against demolition of home extensions

Roshan Abrahams|Updated

New Horizon residents protested against the City of Cape Town’s 60-day notice to submit compliant building plans for home extensions or face possible legal action.

Image: Supplied

Residents of the 12-year-old New Horizon in Pelican Park staged a picket on Saturday, July 26, after the City of Cape Town issued notices to demolish extensions to their RDP houses to make way for new pavements.

About 100 residents stood with placards at the Strandfontein Road traffic lights after more than 300 community members signed a petition earlier this month, challenging 60-day notices issued by the City. The notices require homeowners in 10 roads to obtain formal building plan approval or face possible legal action.

Ward 67 councillor Gerry Gordon held a meeting with residents on Tuesday, June 3, to discuss a proposed plan to install pavements on one side of the road.

As part of the proposal, all structures extending more than 1.5 metres onto public space must be removed. Non-compliant additions—such as unauthorised extensions or encroachments—will also be subject to demolition.

Lyle Lawrence, legal representative, Lorraine Heunis and Shanaaz Makda.

Image: Supplied

Lorraine Heunis, a community member of New Horizon, said: "I have erected a Vibracrete wall in front of my yard. And last year I put a roof over it and have a gate to the outside road. We use the carport when family and friends visit. Our sitting room space inside the house is so small, and can accommodate only a few people. The rich have ample space and big rooms. Our children don't even have enough space to do their school homework.”

However, over the past 12 years, residents repeatedly asked authorities for the option to lease or purchase the small empty plots of land in front of their homes - requests that were consistently ignored, said Ms Heunis. 

In the absence of official support, residents took the initiative to build carports and make their yards bigger. 

A close-up of one of the placards made by New Horizen residents.

Image: Supplied

At the meeting with the councillor, an inspector from the City of Cape Town, Landile Ngxongwa, was present.

Ms Heunis said she showed him a 21-day notice she had received, ordering her to demolish or remove unauthorised building work.

“I insisted that the councillor look at my notice, and when the inspector saw it, he said he didn’t know anything about it. How can they send out notices when their own officials aren’t even briefed? The inspector then said he would declare the 21-day notices null and void,” said Ms Heunis.

A week later, residents started receiving 60-day notices to obtain written approval of the said unauthorised building work by submitting and having building plans approved within 60 days, and a follow-up meeting was held with municipal officials. 

The notices stated: “Notice to obtain written approval for the unauthorised building work. Failure to comply with this notice constitutes a criminal offence in terms of Regulation A25(11) of the National Building Regulations, and the City of Cape Town may, without further notice, institute legal proceedings against you.

A group of upset residents protest in Strandfontein Road, in New Horizon.

Image: Supplied

“As if we don't have any choices. Many of the affected residents have tried for years to gain legal access to the land in question. But why didn't anyone stop the very first person who extended their yards? Why now, all of a sudden?”  said Ms Heunis. 

She said most residents say they simply can't afford to buy municipal land- especially during a time of rising unemployment. Over 70% of our community is unemployed. We have matriculants sitting at home with no jobs. And there is still no recreational hall or skills development center in our area." Ms Heunis said. “What we need is a safe space and support, not demolition threats,” she said.

Shanaaz Makda, said: “Ninety percent of residents have extended their property to the front or to the side, and about 90% of them have added on extra living space like a Wendy house.”

Shami Khan said, “Although we came from backyards (and informal settlements), it does not mean that we want to be captured in that mentality forever. This is cluster housing, and it’s very small. So, our desire is to upgrade and to build a more dignified space for ourselves by making our places look pretty.”

Laverne Jones said she is a New Horizon homeowner and “I was told to break down my carport because the City had never planned to build sidewalks because they never thought that the community of New Horizon was able to afford cars, nor be worthy of walking on a pavement.”

Ms Gordon said the officials will go ahead with the pavement project, estimated to be completed before the end of this year.

Ms Gordon said she had been advocating for pavements since 2018, after residents complained about the lack of them.

“We’ve finally received a multi-year budget of R2 million, and 10 roads have been identified for now,” she said.

The residents are allowed to use a space of 1.5 metres, but some of the residents have exceeded that limit, said Ms Gordon.

“We don’t do demolition unless it is necessary. However, there are a few residents who have erected six spaza shops even on one road -  you cannot do that.”

She also mentioned that you cannot have any structures erected if it is not on your building plan. “Residents, who are homeowners, should make sure that they (structures) are compliant.

The City is inviting residents to speak to Chad Newman, district manager, who manages building development management regulations, at the City of Cape Town. Email chad.newman@capetown.gov.za

The residents will be handing over a memorandum on Monday, August 7, accompanied by legal representative Lyle Lawrence, who said: “We will be handing over the memorandum at the municipal administration office, as well as to the provincial legislature, addressed to Tertius Simmers, the provincial minister of Human Settlements.