In a dispute that has captured the attention of both local residents and political parties, the Democratic Alliance (DA) has entered the fray over the property rates imposed on the controversial Kleinfontein settlement in Tshwane. The rates, which have skyrocketed since September 2024, have sparked a heated debate about the fairness and legality of the City of Tshwane’s actions.
The Kleinfontein settlement, a ‘Boere-Afrikaner’ community that was developed on agricultural land in violation of town planning laws, saw its property classification change from “agriculture” to “non-permitted use” last year. This reclassification has led to a dramatic increase in property rates, with the settlement’s rates bill set to surge from R5,230 to a staggering R126,148 per month. The drastic 6,000% increase has prompted the settlement’s management to dispute the decision and threaten legal action if the issue isn’t resolved.
However, the Kleinfontein settlement is far from an isolated case. According to Lex Middelberg, a member of the Tshwane city council for the Republican Congress of Tshwane, there are at least 19 other illegal developments in the metro, many of which have also been built on agricultural land without proper zoning or subdivision. These developments are being billed at discounted agricultural rates, creating further tension between the city council and residents of legal townships.
In a recent council meeting, the DA proposed a solution that it believes would address these illegal developments in a fair manner. DA spokesperson Jacqui Uys criticized the ANC-led city government for rejecting the motion, which suggested using the current review of Tshwane’s general valuation roll to assign fair property values to these illegal developments. According to Uys, this approach would have ensured that all property owners, regardless of zoning issues, contribute fairly to the city’s rates and taxes.
But despite the DA’s proposal, the city’s approach has been far from straightforward. André Zybrands, a professional valuer, pointed out significant legal barriers to the DA’s suggestion. Under the Local Government: Municipal Property Rates Act, properties that haven’t been subdivided and registered cannot be valued individually. Therefore, the illegal properties in question, including those in Kleinfontein, cannot be legally assessed or rated separately under the act’s guidelines.
Zybrands further explained that the city could have corrected the rates for illegal developments at any time using supplementary valuation rolls, a tool that allows adjustments to be made to the general valuation roll outside the scheduled reviews. However, during the previous administration under former mayor Cilliers Brink, the city failed to address the issue, leaving illegal developments to be charged at discounted agricultural rates for far too long.
The implications of this ongoing dispute are significant. The DA’s proposed solution, while well-intentioned, faces significant legal challenges. Without a change in the legal framework, the city may be forced to continue charging punitive rates on properties that remain in contravention of zoning laws. If this continues, residents of illegal developments like Kleinfontein may find themselves facing financial hardship, while the city’s revenue collection efforts remain unbalanced.
To avoid further disputes and ensure fairness in property taxation, experts agree that the city must work within the legal constraints of the property rates act. However, the ongoing controversy highlights a larger issue of land use and urban development in Tshwane, which will require careful planning and reform to address in the future.
As the DA continues to push for its proposed solution, the fate of Kleinfontein and other illegal developments in Tshwane remains uncertain. Legal barriers, political resistance, and the need for comprehensive urban planning reforms will all play a critical role in shaping the city’s approach to property rates and land use moving forward.
Tshwane Property Rates Row Heats Up Over Illegal Settlements Like Kleinfontein
{Source: The Citizen}
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