Phoenix religious land claims

Members of the Phoenix Religious Community Forum, from left, Pastor Joey Govender, Moulana Mohamed Tariq, Stanley Moonsamy of the Phoenix Parliamentary Constituency Office, Pandit Basdeo Bhagirathi and Seelan Achary.

Members of the Phoenix Religious Community Forum, from left, Pastor Joey Govender, Moulana Mohamed Tariq, Stanley Moonsamy of the Phoenix Parliamentary Constituency Office, Pandit Basdeo Bhagirathi and Seelan Achary.

Published Aug 27, 2015

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The question of how 13 sites in Phoenix were allocated by the eThekwini Municipality only to the Christian community to use as churches has got local Muslim and Hindu groups crying foul.

The sites were allegedly awarded to the churches several years ago to use as crèches, but there has been no valid agreement between the concerned parties – due to objections – and a moratorium was later put into place.

This means the churches, which are set up on municipal plots, are operating illegally. Other religious groupings are calling for the equal distribution of the sites.

eThekwini Speaker Logie Naidoo confirmed there was no valid agreement between the pastors and the municipality.

Naidoo said mayor James Nxumalo was in talks with the concerned parties.

“Durban is considered to be a fair and tolerant city, especially when it comes to religious tolerance. We don’t want conflict,” he said, adding it was possible the future of the churches on those sites could be at risk.

According to Seelan Achary, the chairman of the Phoenix Religious Community Forum, the sites were allocated to churches. He said no one knew which criteria were used to grant the land to one religious grouping over others.

While this was not a holy war, it is only fair that the existing sites are equally re-distributed, he said. “We are saying, let’s be fair.”

Achary suggested that if the municipality allocated 13 plots of land for the churches, another 26 should be identified for mosques and temples. “We can put all 39 into a pool and let the forum adjudicate which site will be allocated to whom. It shows unity of purpose.”

Achary said some of the pastors who had churches on these sites also ran other places of worship.

Pandit Basdeo Bhagirathi of the United Hindu Movement, who is part of the forum, said:

“Some church organisations approached the municipality directly and asked that the crèche sites be used for worship.

“Hindus and Muslims also made applications. I don’t know what happened but only the churches were allocated the 13 sites.

“Then in 2006 council wanted to give ownership to the churches and we raised our objections. We went to the municipality and demanded a moratorium be implemented. We also asked that crèches be rezoned to religious sites, which must be equally shared.”

Bhagirathi said it seemed nothing was done and the churches continued to operate illegally.

“But council has been fully aware of the discrepancy in allocation of these sites for all these years.”

Follow-up meetings were held with the municipality in 2010 to find the way forward and a moratorium was implemented.

Moulana Mohamed Tariq, the deputy chair of the Phoenix Religious Community Forum and chairman of the Phoenix Islamic Forum, said: “We just want the same right to be given to all religious denominations.”

Pastor Joey Govender, the community forum’s secretary, said it was not their intention to prejudice churches from getting property.

“Our objective is for the city council to treat all fairly and make just allocations…” He said the unfair treatment meted out was “typical” of the apartheid regime, which favoured one group over others.

Evangelist Mervin Reddy, a member of the Phoenix Ministers Fraternal, said: “Most of the pastors have electricity and water connections on the land. Why would they have been given these services if they did not have the right documentation? They have sale agreements.

“As a church denomination, we definitely oppose any re-distribution of the 13 sites allocated but we support the allocation of the rest of the crèche sites available.”

Pastor Lucky Govender of Westside Community Church said: “In 1993 the site I chose was allocated and in 2000 my church opened.”

He said the sale agreement was signed in 2007 but he was not give the title deeds because of the moratorium.

He is asking for the sites to be released to them.

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