A Makana councillor is a part owner of a new shopping mall on Beaufort Street that has been open for business for several months – even though it does not yet comply with local government regulations.
A Makana councillor is a part owner of a new shopping mall on Beaufort Street that has been open for business for several months – even though it does not yet comply with local government regulations.
At least two shops – a fast food outlet and a supermarket – are already conducting their business on the property while workmen continue with construction activities.
Councillor Piryawaden Ranchhod has a substantial shareholding in the property development company Bril Properties, which owns Makana Mall.
Grocott's Mail understands that as no building plans for Makana Mall were submitted to the Council, the building project could not have been approved as required by municipal legislation.
It also appears that the property in question, erven 1462 and 1464, is in violation of local zoning regulations.
The Land Use Planning Ordinance of 1985 which is available on Makana Municipality's website states in Section 39 (2): "No persons shall ….(b) utilise any land for a purpose or in a manner other than that indicated by a plan for a building as approved and to the extent that such plan has been implemented".
It appears that the Makana Mall property has in fact been zoned for Special Business; and the primary use for this zoning is as a Service Station with consent use for a Public garage.
According to documentation in this newspaper's possession, the owners of erven 1462 and 1464 only have permission to establish a petrol station on the property, as they have not applied for rezoning.
The mall on Beaufort Street is also in violation of ordinances which require businesses to have a certificate of occupancy – a document issued by building inspectors when they are certain that the business complies with health, fire and other building regulations.
An Occupation Certificate is compulsory for every building before occupation, as required by the National Building Regulations and Building Standards Act (1977).
After a month's grace, property owners can be fined up to R1 000 per day for not complying with the Act.
The fast food shop and the supermarket do not have the relevant certificates.
Municipal spokesperson Mncedisi Boma confirmed to Grocott's Mail yesterday that the required plans for the shopping mall have not been approved.
"We have discovered indeed that no plans were approved. The director of Technical and Infrastructure will investigate the matter. Any builder or developer has to comply… there are fines that are applicable if one doesn't comply," said Boma.
He said this was a "very serious matter for the institution".
Boma said the investigation by Infrastructure and Technical director Thembinkosi Myalato would tell them which officials are involved and what recourse there is for the municipality.
Grocott's Mail forwarded a request for comment on this story to Councillor Ranchhod on 28 April, but at this time we have not had a response.
Ranchhod did say in a telephone call that there had been problems with the municipality's email system.
