The Nelson Mandela Bay Municipality is considering expropriating land without compensation to facilitate title deed transfers for residents living in RDP houses on privately owned property, after failing to locate the landowner.
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The Nelson Mandela Bay Municipality wants to expropriate land without compensation to enable the transfer of title deeds to residents whose RDP houses were built on privately owned property.
The move comes after the municipality failed to trace the owner of the land in Bethelsdorp. They believe he has emigrated.
The 300 homes were built in 2007.
Political head for Human Settlements, Thembinkosi Mafana, said the expropriation was the last resort.
"We have done everything possible to locate the owner, without success. We were even prepared to compensate the owner, but we could not find him. At the same time, we had to provide housing and services to residents," Mafana said.
A report recommending the expropriation was expected to be tabled before council by Mayor Babalwa Lobishe later this week.
According to the report, the establishment of the township and the transfer of title deeds cannot proceed because portions of the affected land are owned by Dr Ravindran, who cannot be traced.
The municipality appointed Brown Braude Attorneys to facilitate the acquisition of the privately owned portions, but the law firm was unable to locate the registered owner.
The report states that on 5 June 2000, the former Town Planning and Land Use Committee approved the rezoning, subdivision and layout plan for the development of RDP housing on the affected properties.
However, during the township registration process at the Deeds Office, it emerged that portions of the land required for the development were privately owned, preventing the township from being formally opened. Houses have since been built on the land.
The municipality currently holds a 20% share of the affected properties, while the untraceable owner retains the remaining 80%.
"The attorneys advised that they were unable to make contact with the registered owner, Dr Ravindran, who has reportedly migrated overseas," the report states.
"It is therefore necessary to initiate expropriation proceedings without compensation in accordance with Section 25 of the Constitution to secure the land for township establishment and title transfer."
Political parties have criticised the proposal. Patriotic Alliance mayoral candidate for Nelson Mandela Bay, Bradley Murray, described the report as a cover-up.
"That report basically says the administration and its partners have made a huge mess, and it is costing the city millions of rand," Murray said.
"First, we need to establish how many houses were built on private land and what the financial implications are. Then we need to know how officials allowed construction on privately owned property in the first place.
"We also cannot ignore the fact that this is an election year. Politicians may try to pressure officials to fast-track title deeds to score political points before voters go to the polls.
"This was an unlawful situation. The municipality is now attempting to use expropriation without compensation to cover up its own incompetence," he said.
DA councillor Mxolisi Breakfast said his party would not support the item in its current form.
"The matter should be deferred until the council receives the full report from the attorneys and a comprehensive legal opinion," he said.
"As it stands, it is not clear whether every avenue was exhausted to locate the owner. This is unprecedented, and the landowner's property rights must be protected. If the process is not handled correctly, the municipality could face litigation in the future.
"While the DA supports the acceleration of title deed transfers, we cannot support this item in its current form."