Marloth Park Residents Need Not Fear Four-Month Clause
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442554R Wednesday July 29, 2020 Tel: 013-790-0651 Free Enough can never be done Mel and Mariette Preddy, an unsurpassed asset to the community. Read more on their work on the Do More foundation on page 6. Marloth Park residents need not fear four-month clause MARLOTH PARK - There is no changed remarkably over the years of its “Factually more than one-quarter of sheer number of successful removals of the indication or apparent threat that the so- existence. Originally the town did not have Marloth Park is used at this time for restrictive condition would make it difficult called four-month clause will be enforced in electricity supply, however, the loud noise permanent residence, which equates to administer and insist on compliance Marloth Park by the municipality, said local of generators or the inadequacies of candle to approximately half of all permanent against those who have yet to make formal lawyer Jan Engelbrecht. light and lamps were no longer requisite improvements. Even if it were less, it is application. Engebrecht said it does not make sense when bulk electricity became available. unquestionable that permanent stay has “There is no indication or apparent that Nkomazi Municipality will enforce this Soon temporary accommodation made way become a feature of the present Marloth threat that the clause will be enforced by clause, as the planning department is very for longer stays, particularly when some Park town. municipality. According to it it does not well acquainted with the matter at hand, and owners invested in the area by building “The legal consequence is that the clause make sense that municipality will enforce has been part of the addressing of this issue lodges and/or renting out their homes to that prohibits permanent stay in Marloth has this clause, as the planning department is in Marloth Park in the past. other holiday makers. For years now, a high lost its significance and could be regarded as very well acquainted with the matter at Engelbrecht also serves interim number of property owners also permanently pro non scripto. hand, and has been part of the addressing of management of the Komatipoort Business stay in Marloth Park. “The Nkomazi Planning Tribunal has this issue in Marloth Park in the past,” said Chamber, which has good working relations “About two years ago Fine and Country received several enquiries in this regard, and Engelbrecht. with the council (see report elsewhere). Lowveld Kruger did an informal count of had a meeting in Marloth Park on August Corridor Gazette requested Engelbrecht improvements and their assessment was 5, 2019 and invited Marloth Park residents No need to panic, says MPPOA after to react on recent fears aired by the Marloth that Marloth Park has more than 2 000 to attend and ask these kind of questions MPRA caution Park Ratepayers Association that an original permanent improvements, of which more for clarification purposes. Several residents It has come to our attention that MPRA title dead clause allowing homeowners to than 1 000 are permanently occupied. and owners attended and were advised has sent out a statement warning property occupy their residences for only four months Of these homeowners and residents, a accordingly. owners that the Nkomazi Municipality will at a time, might be enforced by council percentage has made application to the “It is recommended that the Nkomazi now be enforcing the four-month rule as again. municipality for permanent stay by formally Municipality prepare a policy and publish stated on Marloth Park title deeds. “Marloth Park Holiday Township was removing the restrictive condition of title the same, that this restrictive condition MPRA is requesting that permanent established many years ago in terms of old that restricted occupation to four months a is outdated and as a result of the many residents contact it so it may assist them in peri-urban legislation, as a holiday resort year, and have received approval of their instances of the successful removal of the finding a solution to this “threat”. This will unfortunately create an unnecessary scare development. It was common to include applications. condition, will not be enforceable. The among some senior residents that have been restrictive clauses in the title deeds, limiting living in Marloth for many years. All MPPOA stays to a total of four months per year. members and many property owners should Marloth Park is but one of numerous such be aware that the four-month rule has been developments in South Africa. Towns and on the “agenda” for many years and has the land uses therein are dynamic and never been enforced. The original founding inevitably change over time as society’s statements allow for 30 per cent of the demands and normal growth trends evolve. stands to be permanently occupied. The External and internal elements cause requirement is a simple letter of request change in usage, and sometimes formal to the municipal manager. Many property land use applications and approvals (such owners have sent requests for permanent as rezonings) lead different land uses than residence but we have not heard of one of originally envisaged. It does happen that those requests being responded to by the the factual usage of a town or ward or area municipality. Any enforcement of such a of a town becomes the determining lead of rule would be very difficult to enforce due to change. Radical examples are Hillbrow and stringent legal principles and court decisions some extensions of Pretoria and Gauteng. Residence in the bush. A typical house in Marloth Park, often occupied permanently other against arbitrary evictions of occupants. So “When this principle is applied to than being used as only as a holiday home or weekend stay. Over the years many of these no need to panic people. Marloth Park, it is evident that the town has have became retirement homes or the residences of locals working nearby or from home. To advertise, contact Mariette Jordaan 065-868-2316 or email: [email protected] 2 Corridor Gazette NEWS Wednesday July 29, 2020 Neccta ensures municipal intervention and water provision in 2016. Crocodile Bridge under construction. The value of a representative voice in Komati KOMATIPOORT - The value, but mostly economic zone development and the of the tourism leg. They were instrumental no action followed, during September the importance of an active representative creation of a successful CID. to bringing about reputable practises and a 2013, the mentioned ratepayers association voice for the people of the town and its The KBC builds on the achievements of culture of hospitality in Komatipoort. The formally prepared to petition to the courts surrounds, is clearly visible when looking its predecessor, the Nkomazi East Combined twinning of tourism and business in the and tribunals for relief and initiated back at the current activities of the Commerce and Tourism Association small town was inseparable and intertwined. proposals that taxpayers in Komatipoort Komatipoort Business Chamber (KBC). (Neccta). Much has been attained, and Since John and Caroline O’Reilly joined should withhold at least two months' taxes These three deliveries are not to be more awaits. Asked what is the secret to the business leg in the trade management, to appropriate to themselves for attending to missed. They form the basis of the recent its success, the answer simply is putting Neccta became the regarded organised trade the critical matters. This forum had a letter history of Komatipoort, which makes for a the town first and serving the community. and tourism voice of the town. These two ready for the Ombudsman, disclosing the good read for those interested in the past. Corridor Gazette has surveyed the successes locals have remained in management since disregard to that date by the municipality Active in the interim management structure over years on this organisation’s trade/ then. when it finally took proper action. The of the organisation is local lawyer, Jan tourism front. A crisis from 2000 in Komatipoort, present municipal manager, Daniel Engelbrecht. Corridor Gazette recently Neccta dates back to 1998 when the due to the dynamic growth of the town, Ngwenya, initiated the overdue meeting spoke to him. Engelbrecht Attorneys opened offices in was adequate water provision. Linked to between Eskom, the management committee After affiliating to the Kruger Lowveld Malalane and Komatipoort. Fresh from this was a proper, functioning sewerage of the Nkomazi municipality, and the full Chamber of Business and Tourism, the having founded the Nelspruit Youth system. Letters dating back to 2008 show management of Neccta. The overdue bulk interim management of the KBC has been Chamber of Commerce and after having Engelbrecht in his capacity as convener of upgrade of electricity supply from Eskom to busy. Primary focus presently includes been part of such as management member Neccta insisting that the sewer spillage in Komatipoort followed not to long thereafter. optimised border post functioning, pursuing of the Nelspruit the town, mostly at Engelbrecht and O’Reilly welcomed and evaluating the progress made in respect Sakekamer, the railway station, the upgrade. This led to a relationship of of the 2020 requested solutions from the and during the The KBC builds on the demanded attention. trust, vis-à-vis with the municipality to be municipality, as well as chasing the special amalgamation efforts achievements of its predecessor, These letters confirmed again after 2013. of AHI, the South the Nkomazi East Combined expressed concern, After the bulk electricity upgrade, the African College of Commerce and Tourism yet always invited power supply to the town was enough, Business and the the municipality yet inconsistent. The chamber requested National African Association (Neccta) to take hands and balancing of the supply.