ZBRRA

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 28^th 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.

Record of Proceedings of Stakeholders Meeting called by the

ZINKWAZI CONSERVANCY

to discuss the protection of our biodiversity hotspots

Saturday, 14^th March, 2009

Thorny Park – farm of P Saville

1              Present:   Richard Penn-Sawyers (EKZN Wildlife), Bing Comrie, Peter Saville (CCF Trust), ZBRRA: Neil Wallace, Klaus Achtzehn, Wendy Balcomb

                Apologies:  Ryan DeMatheis, Truman Buthelezi, Fokko Fokkens, Tongaat-Huletts

2              Objectives

·       Development pressures particularly in the Tugela river area have escalated exponentially. 

·       Several proposals have been submitted which will expose the area to tourism

·       We need to find a strategy to effectively protect the unique pockets of bio-diversity within the Zinkwazi Conservancy area

3              History

·       When Tongaat Huletts were formulating a development plan about 12 years ago for this area – the Zinkwazi Conservancy tasked  Cathy Oelofse to do a biodiversity evaluation of the area.  Her findings and recommendations were incorporated into the development plans of T H.  This valuable baseline study should be brought in line with the current strong environmental controls available.

·       The ‘Zulu Roots Eco Route’ concept was locally developed as a means to protect biodiversity by making it financially viable through eco-tourism. They identified areas of Ecological, Historical and Cultural significance and developed a business plan. With limited capacity available they spearheaded the Zulu Roots Birding Route as a pilot project. This has since been incorporated into the successful Zululand Birding Route and has finally culminated in the approval of funding by Ilembe for the training of two local guides – which can then be utilised for the entire project. Simultaneously they adopted the local Bongimfundu school as a ‘responsible tourism’ project and managed to secure substantial benefits for the school on an ongoing basis. Zulu Roots would be able to develop eco-tourism once SOCS were formally established.

·       Land owners are looking for new ways to protect their SOCS viably.

·       The Zinkwazi Conservancy has been revived as a broad-based, modern conservation agent, thereby providing an enabling environment.

4              Proposal

·       The Ezimvelo KZN Wildlife ‘Stewardship’ concept was identified as a potentially very promising vehicle to achieve the desired objectives. It provides committed protection, substantial tax rebates for land owners, conservation support structure and eco-tourism potential. Various degrees of ‘Stewardship’ provide flexibility.

·       The ‘Stewardship’ system provides protection for ‘Sites Of  Conservation Significance’ (SOCS). No minimum size is required. The biodiversity merit of each site should be established (sand veld, coastal dune forest etc). Corridors should be created to link the SOCS sites where possible.

·       Protected areas within ‘residential’ developments such as Hlogwane, Harold Johnson reserve and Thorny Park bush would be favourable for Tourism and land values. Otimati valley is an ideal opportunity for tourism involving a local community.

·       We need to identify, map and justify our potential SOCS asap. We will follow the guidelines for an initial desk top evaluation as provided by EKZN Wildlife to do this.

·       Whilst this will be an agreed team effort of those present, Klaus will start the process. Help from Ezimvelo will be secured.

·       Neil will secure the involvement of the Wildlands Trust, once we have compiled our desk top data to provide advice and assistance in taking this process to the field evaluation stage

·       Stewardship applications are oversubscribed but that can be overcome.

Signed ……………………………………Date: ………………………………………

Klaus Achtzehn………..Chairman Zinkwazi Conservancy

April 2009

Mr Phiri - KDM – Please explain why the following has not been attended to

71/73 storm water drain between properties to beach clogged and causing erosion

Drain cleaning maintenance in Panorama, and Nkwazi dr not carried out regularly. 

Cracked supports at 76 Nkwazi dr reported in Oct 06 and not yet attended to.

Deep drains along Nkwazi (in front of Mdoni) not cleaned regularly

Concrete pipes requested be removed still at entrance in flower bed

31 Magai slatted wall collapsed, littered with concrete and eroded

Planned parking for future – relocation of eskom and ilembe installations, tarring etc

Erosion of pavement at cnr Palm/Rooibekkie from swimmingpool outlet

Concrete stone and builders sand in soccer field not removed after a year of requests

Maintenance of servitudes to beach responsibility of beaches and not being done

Bins still not placed at each entrance to beach or exit from servitude to beach

Directo-signs bins unsuitable – Directosigns – termination of contract ?

PublicParks and beach parking area

Venue:                        7 Idwala Lodge

Present :                     Neil Wallace - Chairman ZBRRA,  Klaus Achtzehn – Chairman Zinkwazi Conservancy,  Engela Wium – Chairlady Ward 2, Nigel Simmonds – Chairman Zinkwazi Ski Boat Club, James Gilleran – Neighbourhood Watch Rep,   Craig du Bernard – rep Zinkwazi business sector, Nic Ellender rep Zinkwazi business sector,  Wendy Balcomb - Zbrra.

1.        Apologies - none

Engela confirmed that Gerald Jack at Umgeni had kept his word in supplying information relating to the supply and loss of bulk water and flow from the reservoirs. Of interest was the finding of flow meters that 50% of day time consumption is lost at night between 11pm and 4am.

Notha Mapumulo of iLembe’s undertook (in the iLembe meeting) to replace reticulation pipes throughout the village. iLembe’s financial year ends in June and the understanding is that they cannot commit themselves until July. 

i)          commitment of a starting date

ii)         assurance that the task of laying new reticulation pipes would meet certain standards and to this end copies would be requested of the specs and of the tender. 

Of particular concern was the need for isolation valves, pressure release mechanisms and sensors to monitor leaks.   Nic Ellender was asked to view the plans and to verify they were suitable.

E W said Seshan has replaced old meters in most areas of the village but when new pipes are installed, new meters may be required.

It has hoped that Zinkwazi would be self sustaining in water from boreholes if the loss through reticulation was solved. Piped water was promised from the Tugela and from Hazelmere dam in the future. 

Mr Phiri of KDM who was to direct the various departments to handle NY problems and failed to do so, has not answered letters or returned phone calls. We understand he has been absent form  work due to illness.  It was resolved that a letter be sent to the Municipal Manager and Mayor of KDM. The past correspondence to Mr Phiri to which he did not respond, to be copied to them with a request that some solution be found.

Nic Ellender and James suggested that some protocol be established in dealing with crowds throughout the year. KDM to install boom gates at parks and at the beach parking. These to be locked at night throughout the year. Limited parking in public areas and the amenities in the public areas should limit the number of visitors coming into the village.   The KDM acknowledge that with past experience New Year constitutes a ‘disaster’ and KDM therefore are permitted to implement exceptional measures to control crowds. Klaus supplied the KDM by-laws and these should be adhered to by KDM

With regard to a lack of service delivery, W B to compile a list of village issues which the KDM have not attended to over the past 2 years - these will be submitted in writing to the Mayor of KDM and the MM.

Di Jones and KDM had suggested, in their proposals for beach restoration, that the toilet block on the beach be demolished and be rebuilt at the car park. Neil proposed that since the alternate building would still be in the Admiralty reserve this was not the solution. He suggested to solve the pollution of the river/beach from the toilets, the sewage be pumped into a conservancy tank at the car park along with the sewage from the toilets within the Ski Boat Club. The position of the existing toilets, although ecologically incorrect, is closer to the bathing area and would be monitored and maintained by the Ski Boat club. Whereas those constructed in a deserted car park at night are likely to be vandalized. Nic explained that there were alternatives to conservancy tanks such as the Liliput system to deal with sewage and this could be investigated. 

Nic to investigate the number of parking bays at the beach parking, before the high seas. The equal number would be replaced by KDM elsewhere

The next forum meeting will be in April on a date to be decided.

Signed ……………………………Chairman N. Wallace - ZBRRA

 ……………………………Admin manager. W Balcomb - ZBRRA

ZINKWAZIBEACH RATEPAYERS & RESIDENTS ASSOCIATION   MINUTES OF MEETING

Present Neil Wallace (Chair), Klaus Achtzehn, Nic Ellender, Craig du Bernard, Margo Thiel, Ian Masson, Wendy Balcomb.

Co-opted members: James Gilleran (Security) E Wium (Ward 2)

Apologies: R Hofmeyr, R. Armstrong

2          Signing of Minutes of AGM December 08. These were approved would be signed by N Wallace

3          Office bearers. N Wallace agreed to stay on as Chairman, Rob Hofmeyr had confirmed that he would continue to serve as Vice Chairman until a replacement could be found, Ian Masson would remain the treasurer.

i)          Engela Wium as ward Chairperson, is to communicate with iLembe and to ask for the minutes of the March meeting where Notha Mapumulo of iLembe undertook to replace all reticulation pipes. iLembe would be requested to name a date whereby work would commence and be completed. Relevant engineering plans and documents would be requested for Nic Ellender (engineer) to review.

ii)         The resolution of the Forum meeting held prior to the ZBRRA meeting was endorsed by the ZBRRA meeting. i.e. that the Mayor of KDM and the Municipal Mayor were to be advised that their employee Mr Phiri had not attended to the New Year problems made known to him and to the non-delivery of services over the past two years. They would be asked to take over the responsibilities of Mr Phiri since he is never available to do so.

(This letter was sent by email to KDM Mayor, KDM MM, Clr A Mc Donelle, Madam Speaker V Luthuli on 29^th April 09)

iii) Parking for the beach. Modified plans that the toilets on the beach remain and the septic tank system be replaced were accepted by the Forum. The conservancy to draft a letter to this effect to Bing Comrie who would forward it to relevant departments.

(Letter sent by email  to Bing Comrie for the Beach restoration team,  on 29^th April)

iv)Ski boat club.

 Nigel is to compile relevant information regarding ROD of Ski Boat club to make available to visitors. Beach and Boating regulations should be displayed and included on the ZBRRA website

Klaus stressed the importance of the conservancy in consolidating the eco-tourism of our area. Birding tours, visits to historical battle fields and areas of Biodiversity interest are suitably situated for daily excursions. Klaus reported that funding was available from iLembe to train two guides to work in our area for the conservancy. Tour group operators are to be encouraged to service our area.

Since the closure of the Nkwazi News, our association no longer has exposure to the community

Neil stressed the need to encourage more members to join. To encourage the growth of membership our achievements are to be made known to the greater community through email to members and non-members. He stressed the need to include younger people on the committee. Craig explained that Zinkwazi has a largely an ageing community of retired people who may have the expertise but did not want to be committed to as office bearers on committees. Expertise could be co-opted onto the committee without them becoming members. 

The membership fee is flexible and can be reduced for pensioners and those on a fixed income who could not afford the full fee.  

Wendy to arrange a social evening and report back for members and interested Zinkwazi residents to take place in July at Lagoon lodge

The next forum meeting will be in April on a date to be decided.

Signed ……………………………Chairman N. Wallace