Education MEC Senzo Mchunu intends expropriating privately owned land in Verulam on which the Sacred Heart Secondary School and neighbouring Oakford Primary School are situated, following a dispute with the owner.
A notice of intention to expropriate the land was published in the provincial gazette last week.
It invites “any person who intends to claim compensation as a result of the proposed expropriation to enter into negotiations with the member of the executive council for education in KwaZulu-Natal (Mchunu).”
The schools and property were originally owned by the Roman Catholic Church, with which the Education Department signed an agreement in 2000. Under the agreement, the department paid rent for the property at a rate far below the market value.
In 2009, the church sold the property to Marius Maritz, who demanded the department pay a market-related rent, amounting to about R4 million a year. He further demanded the payment of insurance for the property.
The matter was sent to arbitration, where it was ruled that the department should pay Maritz rent at the same rate at which it paid the church for other church-owned schools.
In response, Maritz offered to donate the portion of the property used by Oakford Primary, with the department paying the subdivision and transfer costs.
In return, he wanted Sacred Heart Secondary to vacate the property it occupied.
Mchunu discussed the matter with the governing bodies of both schools and received submissions from other stakeholders, including pupils and their parents, and decided not to accept Maritz’s offer.
He then decided to expropriate the land on which both schools stood.
The notice, dated April 26, 2012, published by the department, reads: “The MEC hereby gives notice in terms of section 58 (2) of the SA Schools Act of his intention to expropriate approximately 5 hectares. Oakford and Sacred Heart are currently functioning on the property to be expropriated.”
The notice states that while submissions will be made, Mchunu may expropriate the land by notice (30 days) in the provincial gazette in accordance with section 58 (4) of the act.
Section 58 (5) of the Schools Act provides that expropriation takes place “immediately even though compensation payable in respect of the land has not yet been determined or paid”.
Earlier this week, Maritz said he was not aware of the notice and asked for a copy.
“I did not know anything about this. When was it published?” he asked.
He said he would study the document and consult his legal team before making his next move. He added that the go-vernment was within its right in terms of the constitution and he respected the decision.
Mchunu’s spokeswoman Muntu Lukhozi, said interested parties would be given a fair chance to make submissions.
“There could be new people who emerge during this process and not just Maritz,” she said.
“After the submissions are made, we will determine the right amount and not the ones the people ask for.”
Lukhozi said the department’s lawyers were already preparing for the process.
Asked how much could be paid to Maritz or other people for the land, she replied: “MEC Mchunu will decide after the submissions are made.”
Submissions may be posted, hand-delivered or e-mailed to the department by May 27. - The Mercury