No! You can't move displaced Malgisedek people to 531 Nico Smit Street Gezina

The Issue

I Mari Joubert a resident hereby lodge a formal dispute regarding the proposed housing project at 531 Nico Smit Street, Gezina, we address the lack of mandatory public participation and potential land-use violations. In South Africa, administrative actions like these are governed by the Promotion of Administrative Justice Act (PAJA), which requires that any decision significantly affecting the public must involve a fair and transparent consultation process. [1, 2] 
1. Key Legal Grounds for Your Dispute 

• Lack of Public Participation: Under the City of Tshwane’s Integrated Development Plan (IDP) and Municipal Sustainable Human Settlement Plan (MSHSP), the City is obligated to conduct public engagement sessions for significant human settlement developments.
• Zoning and Land Use: If the property is not currently zoned for high-density residential use (e.g., 400+ people), the City must apply for "Consent Use" or a "Rezoning" application. These processes legally require a 28-day notice period for public objections.
• Procedural Fairness (PAJA): Any administrative action that affects your rights as a resident must be procedurally fair. A total lack of notice may render the decision unlawful and subject to being set aside by a court. [2, 3, 4, 5, 6, 7] 
• The sudden placement of 400+ people will affect local infrastructure (water, sewage, electricity), security, and property values.
Demand for Action: We Request an immediate suspension of the project until a full public meeting is held and a social impact assessment is provided.

4,393

The Issue

I Mari Joubert a resident hereby lodge a formal dispute regarding the proposed housing project at 531 Nico Smit Street, Gezina, we address the lack of mandatory public participation and potential land-use violations. In South Africa, administrative actions like these are governed by the Promotion of Administrative Justice Act (PAJA), which requires that any decision significantly affecting the public must involve a fair and transparent consultation process. [1, 2] 
1. Key Legal Grounds for Your Dispute 

• Lack of Public Participation: Under the City of Tshwane’s Integrated Development Plan (IDP) and Municipal Sustainable Human Settlement Plan (MSHSP), the City is obligated to conduct public engagement sessions for significant human settlement developments.
• Zoning and Land Use: If the property is not currently zoned for high-density residential use (e.g., 400+ people), the City must apply for "Consent Use" or a "Rezoning" application. These processes legally require a 28-day notice period for public objections.
• Procedural Fairness (PAJA): Any administrative action that affects your rights as a resident must be procedurally fair. A total lack of notice may render the decision unlawful and subject to being set aside by a court. [2, 3, 4, 5, 6, 7] 
• The sudden placement of 400+ people will affect local infrastructure (water, sewage, electricity), security, and property values.
Demand for Action: We Request an immediate suspension of the project until a full public meeting is held and a social impact assessment is provided.

347 people signed this week

4,393


Petition updates