Tshwane's new by-law: Property owners face penalties for neglect

Tshwane property owners risk losing their properties if they are found to be neglecting their buildings, allowing derelict structures, or harbouring illegal occupants.

This is according to the proposed Problem Building and Property Management By-Law, recently passed by the Tshwane council, aimed at tackling urban decay and revitalising the inner-city.

According to the proposed by-law, property owners found guilty of transgressing municipal by-laws could face severe penalties, including forced evacuation, eviction, demolition, or even expropriation of the property if it poses a threat to public health and safety.

The proposed by-law will undergo a public participation process, soliciting views from various stakeholders.

ANC councillor Joel Masilela said the by-law seeks to streamline enforcement efforts and promote shared responsibility for effective property management. 

"The by-law promotes community safety by making property owners accountable for their properties, deterring crime, waste issues, and ensuring public safety," he said.

DA councillor Pogiso Mthimunye highlighted the need for an institutional mechanism to address derelict and problematic buildings in Tshwane, particularly in the inner-city.

According to him, while the DA acknowledges the need to tackle problem buildings, they cannot support a by-law that “may lead to infringing on the rights of property owners”. 

“This by-law provides for entry into buildings without warrants, it opens up property owners to intimidation and to abuse. The by-law provides powers to municipal officials to unilaterally declare buildings as problem buildings and provide only a seven-day timeframe for owners' representation against this,” he said.

EFF councillor Boitumelo Rasweswe said the by-law is critical in addressing the city's pressing issues, including dilapidated and hijacked buildings, abandoned properties, and unpaid rates and taxes. 

"The proposed by-law clearly defines the responsibility of property owners and empowers authorised officials to take court action to declare problem buildings or expropriate non-compliant properties," she said.

Freedom Front Plus councillor Johann van der Spuy cautioned that the proposed by-law might be exploited for abuse, mismanagement, and favoritism towards well-connected individuals. 

"This by-law allows politicians and officials to declare properties as problem buildings, which can be demolished, evacuated, and even expropriated, sometimes without a court order," he said.

Kholofelo Morodi, member of the Mayoral Committee for Corporate and Shared Services, said the by-law provides the legal backbone to hold property owners accountable for derelict and unlawfully occupied buildings.

She said the by-law authorises urgent interventions such as evacuations, evictions, demolitions, and even expropriations of properties that threaten public health and safety.

“This by-law is a turning point in our fight against problem buildings. For too long, residents have suffered under the burden of unsafe, abandoned, and hijacked properties. We are restoring order, safety, and dignity to communities, while holding negligent property owners accountable,” she said.

rapula.moatshe@inl.co.za