Cape Town – A tug-of-war over a prime piece of Constantia land has started between the Constantia Ratepayers and Residents Association (CRRA) and the Kherekar Family Trust, which had its land returned after a successful land claim.
The trust made an application to the City to rezone the land for business rights, however, the ratepayers association objected.
Trust representative Gamat Hoosain Kherekar said: “For decades our land was used by the residents of Constantia as a dumping site. We asked the City to rezone our land in order for us to benefit from the rezoning for commercial purposes.”
He said getting the land back was a very traumatic experience for claimants. “Most of our trustees are reaching the end of their lives, most of our sisters and brothers are between 60 and 80 and sadly some of our brothers and sister have died waiting for their land.
“We want to appeal to the Constantia Ratepayers and Residents Association not to mislead the residents of Constantia with scaremongering tactics.”
In 2017 the Land Claims Court ruled in favour of the Trust and ordered the government to transfer the land within three months and to determine what land or alternative restitution was to be provided in respect of the portion of land where the M3 Freeway was established.
The trust lodged a claim 20 years ago to return to the land in Constantia from which they were forcibly removed.
CRRA chairperson Sheila Camerer said: “We are terribly sympathetic, but what they are planning to build runs outside the City’s spatial development framework.
“What they intend on building is a massive motor car showroom and we feel that it should comply with the rules.”
It’s not the first time claimants have reached a stumbling block with the ratepayers association.
The Hadjie Abdullah Solomon Family Trust submitted development plans back in 2016 to allow the Shoprite Checkers property division to build a R250million retail centre across two properties bounded by Kendal, Spaanschemat and Ladies Mile roads.
But CRRA rejected the plans and decided to go to court.
The association raised concerns about a shopping mall in the middle of a residentially zoned area.
In November last year, judgment was handed down in the Western Cape High Court that ruled against the association and costs were awarded against it.
“Constantia is a top tourism destination; we want people to develop but they must stick to the rules,” Camerer said.
@MarvinCharles17