This follows the release of a damning South African Human Rights Commission (SAHRC) report on Wednesday (27/11), which detailed the role played by DWS in failing to address unfair discrimination and governance failures within the Hartbeespoort Dam economy. The investigation stemmed from long-standing complaints by business owners and residents who argued DWS had, for years, allocated state-owned shoreline land in a manner that disadvantaged black applicants. 

According to DWS, historical inequities in lease allocations did not originate in the democratic era but were embedded in apartheid-era land arrangements. The department emphasised the root cause lies in legacy 99-year leases it has been working to dismantle.

The department explained it experienced huge resistance during the process of revoking those long-term leases, but ultimately, the courts confirmed DWS’s right to revoke them. The department said its current leasing framework is based on equity and short-term, transparent access to state land.

“The department’s new lease policy only makes provision for a maximum of nine years and 11 months for a lease agreement. The department had also implemented a policy that converted all its dams from single-purpose use to multipurpose and opened the dams and areas around them for other purposes, including tourism, economic, and recreational activities,” said DWS spokesperson Wisane Mavasa.

Mavasa further noted DWS has dealt with issues of displaced communities at dams such as Hazelmere, Driekoppies, and Nandoni to ensure continued livelihoods for all those who have been relocated. While DWS agrees with the SAHRC that the process leading to the revocation of the Permission to Occupy (PTO) documents did not fully comply with the Promotion of Administrative Justice Act, it maintains underlying PTOs were unlawful.

Stands by decision

“The decision to grant PTOs was neither informed by any policy direction of the Department nor by any legislative requirements. Therefore, DWS stands by its decision until such time it is set aside by a court of law.”

In response to allegations of racism and exclusion raised during the SAHRC probe, DWS said it worked with the provincial government to widen participation in decision-making.

“In response to the allegations of racism around the Hartbeespoort Dam prompting the SAHRC investigation, the Deputy Minister of Water and Sanitation, Mr Deputy Minister Mahlobo, and the Provincial Government of North West set up a Stakeholder Steering Committee (SSC) to assist in dealing with the complaints received from the local community around the dam,” added Mavasa.

The department has since tackled the backlog of 77 historical applications for access to state-owned land around the shoreline. These applications were from 42 African, 27 white, and eight mixed-race entities, but after pre-screening, only 21 applicants provided all the required documentation.

Mavasa said the remaining applicants were asked to provide outstanding information, but to date, 55 of the applicants have not submitted, while one applicant has indicated they are no longer interested in leasing the land. The 21 compliant applications were reviewed by the Land Lease Committee, which approved 15 leases, nine to black applicants and six to white applicants. 

These approved applications now await assessment by the Office of the Valuer-General to determine rental fees. Mavasa said the remaining six applications were not recommended due to issues such as non-alignment with the Resource Management Plan or lack of access to the requested land parcels.

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OFM News/Kekeletso Mosebetsi mvh