HAWSTON COMMUNITY ENDORSEMENT

SUPPORT FOR A JOINT FISHERHAVEN–HAWSTON COMMUNITY CO-MANAGEMENT AND ECONOMIC DEVELOPMENT PROPOSAL

To:

The Overstrand Municipal Council

The Municipal Manager

Relevant Municipal Portfolio / Mayoral Committee

Ward 8 Councillor and Ward Committee

Subject:

Community endorsement for meaningful Hawston participation in the proposed Fisherhaven Yacht Club / Lagoon development and future municipal procurement process

1. PURPOSE OF THIS ENDORSEMENT

We, the undersigned residents and supporters of Hawston, respectfully express our support for the consideration by Overstrand Municipality of a joint Fisherhaven–Hawston community co-management and economic-development proposal relating to the Fisherhaven Yacht Club / lagoon property and associated opportunities.

This endorsement does not seek to predetermine the outcome of any municipal tender, lease, procurement process, planning application or statutory approval.

Rather, we respectfully request that the Municipality properly consider the interests, participation and potential contribution of the communities of Hawston and Fisherhaven when determining the future management and development of this municipal asset.

We support a process that is:

- transparent;

- inclusive;

- lawful;

- financially responsible;

- environmentally responsible;

- non-partisan;

- community-oriented; and

- consistent with applicable municipal procurement and public-participation requirements.

2. OUR SUPPORT FOR THE JOINT APPROACH

We believe that Hawston and Fisherhaven should be given an opportunity to explore a constructive partnership with Overstrand Municipality regarding the future development and management of the Fisherhaven Yacht Club / lagoon area.

Our support is based on the principle that municipal assets and development opportunities should, where reasonably possible and legally permissible, contribute towards sustainable local economic development and meaningful community participation.

We believe that cooperation between Fisherhaven and Hawston can provide a stronger foundation than an approach which considers either community in isolation.

3. HAWSTON'S HISTORICAL AND COMMUNITY CONNECTION

We recognise the longstanding relationship that residents of Hawston have had with the lagoon, commonly referred to by many local residents as the Vlei, and the surrounding natural environment.

There are also community oral histories and cultural associations connecting generations of Hawston residents with the surrounding landscape and waterways.

We respectfully submit that these community connections should be acknowledged as part of the broader social, cultural and historical context when the Municipality considers the future development of the area.

This endorsement does not purport to establish a legal land claim or proprietary right. Any such matter would require its own appropriate legal and statutory process.

4. ECONOMIC PARTICIPATION

We support a development model that seeks, within the requirements of applicable law and municipal procurement processes, to create opportunities for:

- Hawston and Fisherhaven small businesses;

- local entrepreneurs;

- unemployed residents;

- youth;

- skills development and training;

- tourism and hospitality;

- catering and food services;

- construction and maintenance;

- boating and recreational activities;

- environmental and conservation initiatives;

- cultural and community tourism;

- local suppliers and service providers; and

- other sustainable economic activities.

We believe that local communities should not merely be spectators to economic development occurring within their broader area.

Where legally and commercially feasible, communities should be enabled to participate meaningfully in the economic opportunities associated with municipal development.

5. COMMUNITY CO-MANAGEMENT

We support the exploration of an appropriate community–municipality co-management framework, subject to legal, financial, environmental, planning and procurement requirements.

Such a framework could investigate appropriate representation from:

Overstrand Municipality + Fisherhaven Community + Hawston Community

with suitable governance, accountability, financial controls and conflict-of-interest provisions.

Any final structure should be determined through proper consultation and professional legal and financial advice.

6. ENVIRONMENTAL STEWARDSHIP

We support responsible development that protects the lagoon, surrounding environment and ecological resources.

Economic development should not occur at the expense of the environment.

Any proposal should therefore comply with all applicable environmental, planning, water, land-use and other statutory requirements and should promote responsible stewardship of the lagoon and surrounding natural environment.

7. TRANSPARENCY AND ACCOUNTABILITY

We support a process that provides appropriate public information regarding:

- the proposed development;

- municipal property arrangements;

- applicable zoning and planning parameters;

- procurement requirements;

- evaluation criteria;

- environmental requirements;

- community participation;

- proposed governance arrangements; and

- the anticipated public and community benefits.

We further support appropriate safeguards against fraud, corruption, conflicts of interest, maladministration and misuse of public resources.

8. WHAT WE ASK OF OVERSTRAND MUNICIPALITY

We respectfully request that the Municipality:

1. Record this community endorsement as part of the public participation process.

2. Give proper consideration to the joint Fisherhaven–Hawston concept before finalising the future approach to the property.

3. Provide an appropriate opportunity for representatives of Hawston and Fisherhaven residents to present and discuss the proposal with the Municipality.

4. Consider whether the proposal can be accommodated within the applicable municipal procurement, asset-management, planning, environmental and financial frameworks.

5. Ensure that any future tender or procurement process is structured in a manner that is lawful, transparent and capable of allowing genuine community participation where legally permissible.

6. Consider the potential contribution of the project to the Municipality's Integrated Development Plan, local economic development objectives, tourism strategy, community development objectives and environmental responsibilities.

7. Consider appropriate mechanisms through which local residents, entrepreneurs, businesses and community organisations may participate in the economic opportunities arising from the develdevelopment 

9. LEGAL AND POLICY FRAMEWORK

This endorsement is intended to operate within, and not outside, the applicable South African legal framework.

The principal framework includes, where applicable:

Constitution of the Republic of South Africa, 1996

In particular:

- Section 152 — objects of local government, including democratic and accountable government, sustainable service provision, social and economic development, and encouraging community involvement in local-government matters.

- Section 153 — developmental duties of municipalities.

- Section 195 — principles governing public administration, including accountability, transparency and efficient use of resources.

Local Government: Municipal Systems Act 32 of 2000

Particularly relevant provisions include:

- Section 16 — development of a culture of community participation;

- Section 17 — mechanisms, processes and procedures for community participation;

- provisions concerning the Integrated Development Plan (IDP);

- municipal decision-making and community participation requirements; and

- applicable requirements concerning municipal public participation and communication.

Local Government: Municipal Finance Management Act 56 of 2003

The MFMA establishes the framework for sound and sustainable municipal financial management.

Its provisions must be considered where the proposal involves municipal property, municipal revenue, financial commitments, procurement, contracts or other municipal financial interests.

Municipal Asset Transfer Regulations, 2008

Where applicable, these Regulations must be considered in relation to the transfer, disposal, lease or other transactions involving municipal capital assets.

Municipal Supply Chain Management Regulations

Any competitive bidding, procurement, leasing or other supply-chain process must comply with the applicable municipal supply-chain management framework.

Promotion of Administrative Justice Act 3 of 2000

Where applicable, administrative decisions concerning the project must be lawful, reasonable, procedurally fair and properly considered, subject to the requirements of PAJA.

Promotion of Access to Information Act 2 of 2000

Where applicable, PAIA provides a framework for access to information held by public bodies, subject to its statutory requirements and exemptions.

Spatial Planning and Land Use Management Act 16 of 2013

Any development must be considered within the applicable spatial-planning and land-use-management framework, together with the Municipality's applicable planning scheme and development-management requirements.

National Environmental Management Act 107 of 1998

Where development activities trigger environmental authorisation or other environmental requirements, the applicable environmental legislation and authorisation processes must be followed.

National Water Act 36 of 1998

Where activities affect water resources, water-use or other regulated activities, the applicable requirements of the National Water Act must be considered.

10. IMPORTANT QUALIFICATION

Our endorsement should not be interpreted as a demand for preferential treatment or as an attempt to circumvent competitive procurement.

We recognise that Overstrand Municipality must comply with the Constitution, the MFMA, supply-chain legislation, municipal asset-management requirements and all other applicable law.

Our request is simply that meaningful community participation and local economic-development considerations be properly considered within that legal framework.

We further understand that any eventual development remains subject to the necessary planning, environmental, financial, procurement and other statutory approvals.

11. COMMUNITY ENDORSEMENT

I, the undersigned, being a resident, community member, business owner, community organisation representative or supporter of Hawston, hereby indicate that:

☐ I support the principle of a joint Fisherhaven–Hawston community co-management and economic-development proposal.

☐ I support meaningful participation by Hawston residents and businesses in opportunities arising from the proposed development, subject to applicable law.

☐ I support constructive cooperation between Hawston, Fisherhaven and Overstrand Municipality.

☐ I support transparent, accountable and environmentally responsible development of the municipal asset.

I understand that this endorsement does not constitute a tender, contractual commitment, land claim, ownership claim or guarantee of any economic benefit.

It is an expression of community support for the Municipality to properly consider the proposed joint community approach.

RESIDENT / SUPPORTER DEDETAILS

Full Name:

 

Residential Area / Suburb:

 

Organisation / Business (if applicable):

 

Contact Number / Email (optional):

 

I am:

☐ Hawston Resident

☐ Hawston Business Owner

☐ Community Organisation

☐ Fisherhaven Resident / Supporter

☐ Other Supporter

 

Signature / Electronic Endorsement:

 

Date:

 

VIRTUAL ENDORSEMENT

For electronic submission, I confirm that the information provided above is accurate and that I voluntarily endorse the principles contained in this document.

 

Name: ______________________________

 

Electronic confirmation:

☐ I AGREE — I endorse the proposal

 

Date: ______________________________

 

COMMUNITY MESSAGE

 

HAWSTON AND FISHERHAVEN — WORKING TOGETHER FOR RESPONSIBLE DEVELOPMENT, COMMUNITY PARTICIPATION AND A SUSTAINABLE FUTURE.

 

Non-partisan • Inclusive • Transparent • Accountable • Community-minded