Fumane Diseko
The Transitional Metropolitan Council cannot take a decision on a proposed development of Zoo Lake without public consultation, according to current legislation.
A plan by business consortium Mall of Africa to build a shopping mall and hotel at one of Johannesburg’s most popular recreational areas has outraged nearby residents, and petitions to save it are being circulated. But no development can take place without a lengthy process involving the TMC, the public and, possibly, other local government structures.
A development in a suburban area has to be referred to a committee (known as a section 59 committee), which is charged with hearing the views of all interested parties. In terms of the Local Government Transitional Act, the TMC is obliged to advertise for input from affected parties, legal opinion says.
Discussion of the Zoo Lake development proposal will take place on Friday September 29 at a public meeting at the Civic Centre in Braamfontein.
After the meeting, the section 59 committee will have to make recommendations to the executive council, based on concerns raised during the meeting. The executive council must then present the issue to the TMC, expressing recommendations, and views of all parties concerned will be taken into consideration in order to make a fair decision.
Once the TMC has made a decision, neither the regional government nor the metropolitan substructures can reverse it, unless it contravenes the constitution or other legislation.
However, as local government elections are only six weeks away, there is a good chance that the decision on the development of Zoo Lake will not have been reached before a new local government structure is in place. The powers of town planning will then be given to metropolitan sub-structures.
Despite the fact that the development of Zoo Lake is, at this stage, simply a proposal, the project has been taken up by parties contesting local government elections.
“The matter is not an election issue; it is to be given due consideration like any other proposal,” says TMC chairperson, Collin Matjila.
Mall of Africa is touting black empowerment as the goal of its planned two-storey shopping mall worth R296- million, five-star tourist hotel costing-R256 million, and a R25-million contribution to the improvement of roads around the Zoo Lake area.
“We are taking development straight into the heart of Johannesburg,” said George Negoda, chairman of the consortium, who believes in earnest that the Mall of Africa is what the rapidly developing, privileged and affluent areas of Saxonwold and Parkview need.
He says black economic empowerment is forced to move into these suburbs because funders view predominantly black areas as economically risky, especially for such expensive projects.
The Mall of Africa group was behind the development of the Dobsonville Mall, which was a worth R45-million; it is involved in building a shopping complex in Daveyton; and it is in the process of proposing a casino in the Baragwanath link. It claims to feel a responsibility to the Reconstruction and Development Progamme to create employment, and described the Zoo Lake project in these
Negoda says it will create 22 000 jobs during the estimated two-year construction period and an estimated 1 700 permanent employment posts. It is also viewed as an opportunity to allow “racially integrated business” relations to grow in order to “reflect the multicultural society of South Africa”, he claims, because the players are racially integrated and the floor space will be rented by all races.
The Mall of Africa consortium claims that its project will contribute to the maintenance of the Herman Ekstein Park, which encompasses the Johannesburg Zoo, the Military Museum and Zoo Lake. It claims the resources around the area are under-utilised, and building in the Zoo Lake area will increase tourism.