ZBRRA

Newsletter - April 2009

May 18th, 2009

 

April 2009 

Dear member 

Umgeni Water have notified us that on Thursday 14th May from 08H00 until 16H00 there will be no supply of water to Zinkwazi due to scheduled maintenance.  Please advise your tenants and staff accordingly 

I wish to share with you the serious situation we are facing with regard to non-performance of our municipality.  Most residents are totally unaware of the lengths and effort involved in maintaining an acceptable standard of service delivery for the village.  Frequent communication and endeavours to resolve problems through meetings, telephone calls and letters to KDM are to no avail.   Most issues brought to their attention over the past two years have not been resolved despite constant reminders.  Commitments from local authorities are not honoured, workmanship is shoddy and tasks left incomplete.  Letters go unanswered and phone calls not returned……the list goes on!

Another critical concern is crowd control at Festive Season.  Mid-year discussions are necessary in planning for this potential disaster.  Each department is asked to uphold their particular by-laws to ensure order.  How disappointing that despite the promises and assurances that January 1st. 2008 and 2009 would be well controlled, there was no intent or delivery on the day.

We have come to a point where more stringent action must to be taken to galvanize our KDM into action. 

The attached media release outlines the action of Sannieshof.  Please read the letter as similar action may have to be contemplated by us in Zinkwazi.  Supporting Jaap of Sannieshoff and other across the country in their legal battle is the first step to making municipalities accountable. We are asking for your agreement to register you, as a member of the National Tax-payers Union.  ZBRRA will pay the R20 per annum membership fee on your behalf. 

Please advise me if you are not in agreement with this proposal

 The letter follows…….

 

Media Release issued by the National Tax-payers Union

April 28th 2009

 

A WATERSHED FOR THE RIGHTS OF RATEPAYERS 

It is a well-known fact that service delivery is close to collapse in most municipal districts in South Africa.  It has also been believed that there is little or nothing that the ordinary ratepayer or taxpayer can do about this.  This is about to change..  

Over the last few years, 21 towns have embarked on a pro-active course where they have paid their municipal rates into a trust account .  Another 230 towns are in the process of implementing the same action.

The withholding of the monies is done under the common law principle of  “contractus non adempleti “  ie. when one party to a contract does not perform, the other party is not under an obligation to perform.  The undertaking of services by the residents themselves is under under the common law principle of  “negotiorum gestio”  where, when the owner of a property does not maintain a property, the tenant ( residents) can maintain the property and recover the costs from the owner    

However, these actions are about to be put to the test.  The North-West  Province town of Sannieshof, where services collapsed completely two years ago, declared a formal dispute with their council in November 2007.  They notified the municipality that certain residents would be paying their rates into a trust account, and in accordance with the dispute, waited on the municipality to rectify matters.   When the municipality after a given time period failed to respond, the tax payers started implementing the services themselves by utilizing the withheld funds.  

The guiding force behind this dispute and protest action has been the National Taxpayers Union (NTU).  The success story of Sannieshof – where the town services function appreciably better than they did under municipal supervision - has made the town the poster-child for civil action. 

The municipal council of Sannieshof, instead of working towards improving defective municipal services, has instead decided that it will take the matter of municipal disputes to court.  The ruling in this case will decide for once and for all if pro-active action by ratepayers is legal under South African law.  It must be stressed that citizen actions in withholding funds across the country has never been tested in a court before, and the outcome of this case is going to have a profound effect on municipalities across the country. 

If the Sannieshof council wins the case, it means that rates and taxpayers in South Africa have no legal recourse against poor or non-existent service delivery.  If the Sannieshof residents, backed by the National Taxpayers Union, win the case, it means that all citizens of South Africa can legitimately withhold their rates from municipalities if they are not happy with the way their towns or cities are being run.  As can be seen, the ramifications are immense. 

The Sannieshof council will, ironically, be using tax-payers money to fight this case against tax payers.  The NTU will be fighting this case using money raised from people who believe in civil liberty.  It is vitally important that all ratepayers’ associations, citizen organisations and private individuals support the NTU in this test case.  If every ratepayer in South Africa contributed R20  per annum or R100 for a five year membership towards this pivotal matter, it will provide the funding to ensure the best legal representation possible.  That contribution will be the best investment that a ratepayer can ever make, as it could prevent future abuses of ratepayers’ money by local municipalities. 

Any individuals, organisations or civil bodies who wish to support the NTU in this crucial test action must please contact their local ratepayers associations who can in turn contact NTU chairman Jaap Kelder at info@zanli.co.za  Anybody wishing to  contribute directly to the NTU can pay their contributions directly into the bank account of the  National Tax Payers Union , First National Bank, Account number 6211 203 4921 with their name and town as a reference.

 

Reports to KDM 12th April 2009

April 19th, 2009

 

30 March 2009
 
ESKOM LIGHTS NOT WORKING
 
 
 
RED= REPORTED PREVIOUSLY
 
 
31 NKWAZI DR
69 GLEN DR.
40 NKWAZI DR
100 GLEN DR.
72 NKWAZI DR
101 GLEN DR.
117 NKWAZI DR
112 GLEN DR.
 
114 GLEN DR.
16 PALM DR
115 GLEN DR.
 
LEONATIS PARK
3 MAGAI DR.
 
19 MAGAI DR.
16 PALM DR.
33 MAGAI DR.

CNR PALM/ROOIBOKKIE

 
 

34PANORAMA DR.

9 SEAGULL RD.
 

After numerous faxes to Eskom, which were ignored, we now have the co-operation of Service Agent, Stephan Naidoo. It appears he is also struggling with non-compliance or is it incapacity !

WB

Hi Wendy, 

I have requested the TSC to provide me with a deadline by which these street lights will be fixed, failing which I will escalate the request to higher management for their intervention. I will advise you on the feedback as soon as they respond.

Thanks

Regards – Stephen Naidoo

Hi Stephan

We are at our wits end in this village with poor service delivery and am most grateful to you for your prompt attention to something of a security risk

I have sent your letter on to our security committee.

Regards
Wendy
 
Hi Wilson,

Please find attached list for Zinkwazi street lights that are out of order. I know your team was suppose to have been attending to these last Monday. Please keep me up-dated on these.

Thanks – Rgrds SN

…………………………………………………………………
 
ILEMBE - WATER

Hi Seshan

Pls report a leak at  12 Kinfisher rd

Pls also advise the KDM Civils of their responsibility to repair all the damaged tar after your work is completed. 

You would not be pleased to see

1    76 Nkwazi dr - large hole with tape around it

2    Aloe drive

3    end of Panormal  - tape around work, and the pavement eroded there

4    Cnr of Shelley and Magai

5    Cnr of Kingfisher and Nkwazi dr

 

May I suggest you come and take a drive around and see how bad things are

 Wendy
——————————————————-
REPORTS   - MARCH/APRIL 2009
 
CIVILS DEPT

Hi Mike
I hope you are well.
At our last meeting with Notha Mapumulo, he was alarmed that the holes dug up to fix pipes in Zinkwazi that were supposed to be repaired by KDM Civils dept had not been attended to - it is now 3 months and we still have not had them closed and tar replaced.  I see that yesterday, Monday 6th potholes were filled but the larger obstructions are the iLembe excavations in Panorama, Nkwazi (2) and cnr of Shelley and Magai.
Pls be so kind as to follow this up with Notha and Nollie so that the work is brought to closure.    I would like this done this week
Regards
Wendy Balcomb
083-2659631

 

i will chat to the MM of kwadukuza today - i am seeing him at 15h00. we have
a signed arrangement with them on this matter, and it seems that they are
letting us down.
Thank You,
Mike Newton

……………………………………………………
NPA ROADS – P403
Dear Mr Maharaj

Thank you Mr Maharaj for the surfacing of the P403.  It looks and feels wonderful to drive.  I have heard several good comments and compliments for the NPA !

I am concerned however that it is taking so long to have the road marked.  With the Easter weekend imminent it is dangerous at night  - especially for strangers to the area.

I would also like to stress another concern, mentioned in earlier correspondence, which is not urgent, and that is the soil which your staff piled up along the edge of the road.  This will spill back into the road over time.  Please could you have this removed and used to level dongas alongside or dumped in a valley nearby

Thank you for your co-operation

Kind regards

Wendy Balcomb

 
 
…………………………………………………………..

I would like to thank the following for donations of trees or towards the purchase of trees for the rehabilitation of our village

Eve & Ian Halcomb                              R300

Mike Balcomb                                      50 trees

Ant & Ingrid Balcomb                         15 trees

Richard & Penny Rencken                10 trees

Margie Prain for the gazanias and aloe Bainsaii at the entrance of the village.

Reports to KDM - Jan - April 09

March 29th, 2009

 

Letter to KDM finance
 
Dear Zanele

Seshan Pillay suggested in a meeting today that I  advise you that 19 Magai drive at Zinkwazi is occupied by squatters.  The water bill is not being paid and the water going into the geyser is pouring out due to rust. 

Zinkwazi has a water problem and  cannot afford to waste water.  I hereby request that your department close off the meter and discontinue supply of water to this property

Kind regards
Wendy Balcomb
Admin Manager
Ward 2 rep.
 
 
 
Dear Nollie

In a meeting with Seshan yesterday I was assured that in the future all repair of damage to tar caused by iLembe would be repaired by KDM, Civils dept.

May I remind you of the following iLembe excavations in need of repair

1    South end of Panorama
2    Corner of Kingfisher and Nkwazi
3    Cnr of Magai and Shelley
 

I am pleased to see your staff are working in Zinkwazi at the moment cleaning out drains and gutters and removing soil.  May I suggest that this soil be used to good effect to improve the narrow and un-walkable pavement on the east side of Nkwazi drive below Kingfisher. 

Please ensure that previous request which below are attended to:-

1    Removal of concrete pipes at the entrance of Zinkwazi from a flower bed.

2    The calming hump at the entrance to be constructed for security purposes.  Calming humps around Leonotis park to stop speedsters.

3    Steps from Sandy Cove to beach are rotting- becoming  dangerous to use

4    Wall of private property 31 Magai damaged by sand from servitude to be replaced.

5    Wooden fence eroded and falling at entrance to beach from Shelley. It needs to be relocated further back from the dune.

6    Servitude from 106/108 Glen to beach is un-usable.  Please make good.

7    Storm water drain supports and lids to be repaired as per list

8    Curbing along all Nkwazi drive requested.

9    Erosion of tar in Palm drive and several potholes in village need tar attention

10 Sharks Board rd. Soil washed down this gravel road is deposited into Nkwazi to obstruct traffic. Tar and gutter is necessary to divert water off into drains. This road is used by essential services ie Natal Sharksboard & iLembe to supply water by tanker. Pls repair.

Kind regards
Wendy Balcomb
22nd Feb 09
Letter to ilembe
 

Dear Notha and Seshan
It is Sunday and they ‘grey water’ issue mentioned below has once more surfaced.  About 20 meters of Nkwazi drive has stinking water standing in the gutter once again.
Seshan inspected this at our request last week and was surprised that the outlet had not been closed off.
Seshan contrary to what you advised me……the control centre are not able
to give a reference number, and your call centre is out of order.


Water leaks reported last week and still to be attended to:
1    75 Glen drive - leak at meter - new pipe needed
2    56 Nkwazi drive - leaking meter - reported repeatedly over past 4 mths.
3    Grey water at 74 Nkwazi dr.
New reports
1    The tap in Leonotis park needs a gate valve as the lever valve is faulty and either comes out too fast or not at all.  The meter at the base of this tap is also faulty and is leaking constantly.  Please repair this.


Kind regards
Wendy Balcomb

Letter to Parks/Grounds
 
Dear Che

I’ve had reports over the past 3 weeks about garden refuse left on verges for at least two weeks.  Your staff are not servicing parts of our village on a regular basis. 

Garden refuse should be removed twice a week - on a Tuesday and on a Friday.   This has not been happening.  We pay for this service in our rates. Apart from some abnormal circumstance preventing this - it should take place.  Please advise me if this should occur, before I have complaints from the residents

Palm fronds and cut branches of trees which do not fit into garbage bags are not being removed by your staff.  These cannot fit into bags but are neatly placed at the edge of the road for removal. Please speak to your staff regarding this.

BlackRockPark

The Civils dept are working in our village at the moment and there is sand and soil being removed from gutters.  This would be ideal to top dressing and level the lawns of Black Rock park

Soccer Field

I would like to thank you in anticipation for the start of the removal of the mound of soil on the soccer field which has for years prevented our local  staff enjoying a game of soccer.  This soil should be used to level and top dress the soccer field.

Our recycling is on hold due to concrete stone occupying the area needed to place the collection bins at the soccer field.  Please assist in having the area cleared.

The Washingtonia palm on the verge of 11 Nkwazi drive has not been removed as requested.  If you’d like to relocate it please do so or advise Marie to cut it down with a chain saw.

On the verge of 11 Aloe dr is an unsightly mound of earth with a rotting stump which should be leveled in order for the verge to be walk-able and for the contractor to cut the lawn.

Thank you for your co-operation

kind regards

Wendy Balcomb

 

and the next week - we are on the warpath !!

 

 

Letter to KDM finance

Dear Zanele

Seshan Pillay suggested in a meeting today that I  advise you that 19 Magai drive at Zinkwazi is occupied by squatters.  The water bill is not being paid and the water going into the geyser is pouring out due to rust.  Zinkwazi has a water problem and  cannot afford to waste water.  I hereby request that your department close off the meter and discontinue supply of water to this property

Kind regards

Wendy Balcomb

 

To Legal dept

Hi Daren
Please be so kind as to advise me who deals with street re-naming.
I see that ‘Colenbrander’ street has been renamed ‘Colin Brander’  This is
entirely incorrect.  Please can you send this on to the relevant department
and ask them to correct the error or to contact me.
The Colenbrander name is very important in this district - as a pioneer and
as a consultant serving the Zulu nation.  He book was written about him
called the White Whirlwind if anyone needs more info.
Kind regards
Wendy

 

To Civils

Hi Daniel
We are pleased to have Mathervan and his team but so much labour is wasted by them standing in one lump today - 6 in one place.  He is not supervising them to do separate work so little is getting done.
The next problem is that the soil they remove from the gutters they are
putting on the sidewalk without leveling it or just in a lump above the
gutter where it will be washed down into the gutter again in the next rain.
We need this soil to be used to level the pavements but he is just not
putting it in the right place and doing so  Please instruct him to do a good job once and not have to repeat because of
lack of supervision
Kind regards Wendy

To Parks

Hi Che
Are you interested in the palm at 11 Nkwazi drive or can Mari cut it down
and remove it.  I have trees I would like to plant in its place.
I note your dept have done some major trimming - thank you for that. Do they intend removing the cuttings before the weekend.  Do hope so.
Please will you report to who ever that the tap in Leonartis Park has a
faulty lever valve and staff using it find that it either comes out full
blast or not at all.  I think it should have a gate valve which may be more
secure.  Ilembe said it was not their dept but that of KDM Parks dept.
Kind regards

Wendy

 

To Civils Dear Nollie

I attach a letter below from a Zinkwazi resident.  The  servitude in question was cleared by Billy from Parks some time last year.  Due to the gradient of the dune the bank is eroding and sand is falling into Magai.  Where it comes onto Magai it is too steep to negotiate without sliding down on your bottom !!

I urge you to rectify the problem by constructing a set of wooden or concrete steps as explained by the resident in the letter, to enable pedestrians from Glen drive to access the beach via this servitude.

I look forward to your response

Kind regards

Wendy Balcomb

 

From Steve Honeysett - Beaches

Hi Wendy
The following is currently being done to Black Rock Park

 Electricity to the toilet block / lighting inside and outside security
Painting ( Civils )
Tiling Floors ( Civils )
Boom Gate ( Civils )
Concrete Skirt around toilet block ( Civils )
This is being done with the money that was budgeted R 100 ,000
Che Gopi also has R 100,000 on his budget to upgrade the park which you need to address before the end June or it will be lost . Regards Steve



Week 23Feb – 6th March

 

 

To Dep director Tech. services

Attention Mr Phiri

Civils Mr N Rabie & Mr Daniel Pillay

Parks & Grounds - Mr  Che Gophi

Refuse removal – Mr Lucky Zulu

Re Christmas box demands

Dear Sirs

The New Year’s clean up this year was well done and we congratulate the Beaches and Parks department for their prompt arrival on the public holidays to attend to the disgusting state of our verges and streets.

I have had several complaints however that staff working for  refuse and garden refuse removal demand ‘Christmas’ from residents.  They reportedly ring the bells on gates and doors shouting  ‘Christmas Box’  Some residents were even woken with this demand ! 

I would like you to make it very clear to your staff that this is not acceptable behaviour, and we would like an end put to this happening in our village.

Please revert to me with your opinions

Kind regards

Wendy Balcomb

 

To Civils

Dear Nollie and Daniel,

I am not satisfied with Mr Nene’s
attitude to the tasks we need to get through in Zinkwazi.  He made a list
while he and I inspected the village.  He has not send this to me despite
several requests.  When he came here I summarised issues which
had appeared on his list, he seemed totally unable to understand what I was talking about with regard to moving soil to level pavements.
We have a good opportunity now as soil is removed from gutters, to level
the areas I brought to your attention, but the staff are not supervised,
stand in groups of 3 or 4 talking instead of being given a separate task
each day.  Bags for soil are short and no string provided to mark the grass
cutting edge of the roads so the end result is a wobbly line which will make a laughing stock of us all !!
Wendy

 

 

Attention: KDM Mayor

Municipal Manager KDM

Mr D van Rensberg

Dear Sirs

Re Advertising in Zinkwazi

Zinkwazi prides itself on being a non-commercial village. 

The local community are against advertising in the village as they believe it is will spoil the unique atmosphere of the town.

I understand that changes are imminent to ‘contract out’ advertising in parks, beaches and shopping centres.  We do not want advertising in the village, except for the necessary ‘for sale’ boards used by estate agents. 

Directosigns have a contract with Kwadukuza Municipality to supply ‘combobins’.  This contract terminates in 2010. We request that this not be renewed.  The bins supplied by Directosigns are large unsightly  triangular pink concrete blocks which are placed on street corners.  Adverts appear on the sides of the bin from which Directosigns derive an income.  The centre of the block holds a small refuse bin – too small to be convenient  

Please ensure that the council is well advised that we would like the Directosign contract to be terminated and all future advertising to be referred to the Ward 2 committee and the Zinkwazi Ratepayers Association for approval of the community

Kind regards

Wendy Balcomb

 

Beaches – re Billy Kullen

Dear Mr Phiri

I would like to commend your Manager of Beaches, Mr Billy Kullen on his exceptional work ethic.

I inspect Zinkwazi village daily between 6.30am and 8am.  Billy is at his office adjacent to the soccer field daily by 6.30am.  He is at his desk before his staff arrive at 7am or 7.30am.  I note too, that he is meticulous at keeping  records. 

I believe you are very fortunate indeed in KDM to have a man of this calibre, who in his humble manner, quietly progresses with his work. 

Billy has great wisdom in his field having worked for the previous Zinkwazi Health Committee in the past.  His knowledge of our area, and experience is invaluable to KDM and to the residents of Zinkwazi.  His responsible attitude and good manners bring pleasure to all that meet him

Kind regards

Wendy Balcomb

 

27/02/09 To Civils
Dear Nollie and Daniel
We have had the staff of the Civils dept in Zinkwazi for the past 2 weeks.
In that time I repeatedly pointed out to you that they need supervision.
They are removing soil from gutters and cutting edges of the tar road with
spades.
1    The edges are cut without a marker and are therefore jagged.
2    The loose soil is placed on the lip of the gutter to be washed back
into the gutter in the next rain.

The soil is useful to:-
1    Level uneven and unwalkable pavements and servitudes.
2    Topdress the lawn in Black Rock Park
3    Level the soccer field

Your unskilled staff need supervision if these tasks are to be addressed.
What has been done these past weeks is merely ‘Window Dressing’and a waste
of ratepayer’s money.

I look forward to your response
Wendy Balcomb

 

To iLembe  05/03/09

Public Participation Meeting – IDP to be held at Zinkawzi 17th March.

Dear Sir

We are in receipt of your invitation to partake in the above meeting. 

A sentiment of fatigue colours our desire to participate in this meeting with you.  Issues raised with iLembe over the past year have been completely ignored.  Not one of the needs put forward to you in meetings and through correspondence have been resolved:-

·       Water reticulation.  Delivery pipes throughout the village need replacing. Leaks and breaks occur daily.  Most are reported at least twice before being attended to.

·       The iLembe helpline is unreliable.  The alternate control room phone is no better.  Some calls are answered and other not

·       Plumbers drive from Stanger to Zinkwazi to ‘take a look’ at the problem.  They return for parts, in the time that it should take to repair the fault.

·       Water meters are flimsy, faulty, badly

·       placed, non existent or un-readable.

·       iLembe’s accounts department is a disgrace.  Accounts are inaccurate.  Queries go unanswered.  Clients wait months if not years for resolution to faulty bills

·       In Zinkwazi a grey water problem at 74 Nkwazi drive has been reported repeatedly and is still unresolved after a year.

·       iLembe excavations are left gaping for months.  Magai/Shelley drive is still in disarray after 6 month.  The tarring of Magai after a pipe was laid is a joke.

·       Appointments made with your staff are not kept.  Emails, phone calls and messages are not returned or responded to by your senior staff.

·       Sharksboard road is used by you to deliver water to iLembe reservoirs.  The road is in a disgraceful state as tankers spill water and degrade the surface ploughing up the hill. iLembe fob off repair saying it is the responsibility of the KDM Civils department.

·       Management of the reservoirs is unsatisfactory.  The village is frequently out of water in peak season despite prior knowledge of an increased in demand for water in  peak holiday season.   Contingency plans are non-existent.

 Please ensure that these grievances are raised at your public participation meetings as a record of iLembe’s non-delivery of service to Zinkwazi.

Yours truly

Wendy Balcomb

 

I am pleased to report that as a result of the letter in bold, a meeting was scheduled with iLembe for Wednesday 24th March 09 at which our committee and the ward reps - myself and Engela Wium, where there was a breakthrough.  We had made it very clear that a disput would be declared if we had to be subjected to the ineffeciency of iLembe’s water supplyThey have undertaken to replace all reticulation pipes in Zinkwazi and the work commences after Easter at the end of April 09.

Wendy