Sold a dream: Residents face demolition threat over ‘misleading’ estate

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08-05-2024
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The Citizen
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Buyers were promised views overlooking mountains and luxury homes on a piece of a farm. Instead the “estate” has cracked homes, no water and bad roads – all for the princely sum of “only R65 000”.

And the residents of Mosibudi Farm Estate in Elandsfontein stand to lose all their money as the City of Joburg (COJ) is threatening to demolish it all.

Development planning department to take action against developer

COJ’s department of development planning took action against a developer of the estate for unapproved building plans.

Started in April 2022, the legal action is still ongoing as the council attorney’s are said to have applied for a court date for an order for demolition. But COJ spokesperson Nthatisi Modingoane yesterday said he couldn’t comment as “the matter is sub judice”.

It was advertised as “Dare to dream… Own a piece of a farm within the city a stone’s throw away from shopping centres, schools, major roads and public transport… 200m2 stands to build your dream home are now on sale for only R65 000 each”.

Unaware of the pending action, one resident dared to dream: Moshemanehape Mokoena purchased three stands for R114 000 through the estate’s manager, Peter Moyo, with the company Mosibudi Family Investments.

Mokoena claimed Moyo insisted that the only construction company eligible to build the house was Gap Construction and Civils, which he also claimed was not registered with National Home Builders Registration Council.

Plans not approved

Abigail Mkwanazi, another resident, said she, too, was told to use Gap Construction even after architects she found on her own explicitly told her the building plans were not approved.

“Moyo said we build with Gap Construction here and they approved the building plans,” Mkwanazi said.

Both Mkwanazi and Mokoena had issues with Gap Construction. “There were a lot of issues immediately and I had to fix water leaks, reconfigure electricity, patch the ceiling, and get plumbing done,” Mokoena said.

He also never received an electrification certificate required by insurance companies for cover against fire.

In July 2020, Lucy Mokgethwa moved to the estate – and she claimed since her move there has been no maintenance.

“Grass is not cut, there are no tar roads and the bridge over the small river stream has not been built so cars don’t pass when it rains heavily.”

Residents say they often are without water and electricity, yet they have prepaid meters and there is a borehole at the estate. But it was found that the estate is in violation of the city’s water service bylaws.

Council may prescribe appropriate action

The city’s Modingoane said: “No person may sink a borehole on premises situated on a dolomite area and, where settlements have already been established, the council may prescribe appropriate action, including stoppage. An application to sink a borehole for residential use must be made directly to the council.”

On the absence of electricity, Eskom spokesperson Daphne Mokwena said: “We give estates bulk supply and they reticulate, including installing meters where the residents pay them or the developer, who then pays Eskom. However the area must be registered as such with the municipality.

“Upon investigation, we found that the property is illegally redistributing electricity and is also in arrears. It was also discovered that the two transformers supplying the property are also illegally operated.”

When asked if Eskom would take legal action, Mokwena said: “They are supposed to be disconnected for nonpayment. However, we found that they have reconnected themselves”. But Mokoena claimed residents have units in their prepaid meters and “were not in arrears with Eskom”.

Residents open fraud case

A number of residents in March opened a fraud case with the Ennerdale police against Moyo, that was allegedly transferred to Specialised Commercial Crime Unit in Germiston.

The Citizen requested an update from Gauteng’s Directorate for Priority Crime Investigation Captain Lloyd Ramovha, who said the case “resides with the detectives of Ennerdale Saps. It is not with the Hawks”.