ABOUT 1 000 families living at the award-winning Tutaleni low-cost housing project at Walvis Bay are crying foul.
They claim they have been deprived of ownership of their houses because of an allegedly misleading contract with the local Municipality. The Walvis Bay Municipality has denied the charge.It says the residents got it wrong and that they had signed a lease agreement – not a contract promising future ownership.Kornelius Nakapela of the Tutaleni Residents’ Committee told The Namibian that those living on the erven still have to pay the Municipality a rental fee of N$140 per month.Nakapela claims that residents had been led to believe that ownership would automatically revert to them after a period of five years.The families occupied the erven in 2001.He said when the project was introduced and people were told to move there, they at first refused due to the fact that they would have had to pay rent.They were only persuaded to move when the Municipality promised that they could build and own houses after a period of five years.A contract to that effect was ostensibly drawn up, although they have never seen a copy.He said the residents, most of them former ‘backyard squatters’ (tenants of shacks on existing properties), were given the impression that they would have to pay a monthly fee of between N$100 and N$200 for five years to become the owners of their erven.”It was like dangling a carrot on a stick before our noses that none of us could resist”, said Nakapela.At the end of the five-year period the residents sought proof of ownership from the municipality, only to be shown away, he said.They were told that there was no such provision in the contract and that they would have to continue paying rent.”Some of us who managed to put a little money aside to build houses and make improvements under the impression that we would own the erven, feel deceived and cheated,” Nakapela said.”There are many others who could not afford to build, and still live in shacks.Now there is a suburb of shacks and houses, but all of us are being treated the same way: pay rent or be evicted.”In addition to the rental fees, residents have to pay for utilities too, which many of them cannot afford anymore.”Now people are getting letters saying that if they do not settle their accounts, they must move.Where to? Into someone’s backyard again where all the problems, which this project was supposed to address, will start all over again?” he asked.Nakapela said the residents want to renegotiate the contract with the local authority.Jacky Manhale, Manager of the Walvis Bay Municipal Property Department, said the impression the residents had was wrong.They had signed a lease agreement and not a contract promising future ownership.”This was explained to all of them from the start,” he told The Namibian.He said the Tutaleni was a Walvis Bay Council initiative aimed at curbing ‘backyard squatting’ and all is attendant problems (sewerage, services and safety).He described the project as “controlled settlement” where poor people were given an opportunity to live on fully serviced erven.In 2002, the initiative won the Dubai International Award for best practices because it “greatly contributed towards solving some of the problems related to squatter settlements”.Manhale said the municipality got the go-ahead from the Ministry of Regional and Local Government, Housing and Rural Development to take a 300m² erf and divide it into four sections consisting of a concrete floor slab and a toilet with municipal services.He said national housing regulations prohibited people from obtaining ownership of an erf smaller than 300 square metres, adding that the lease contract specified that lessees could build structures on the erven although were not for sale.”Those who spent, let’s say N$6 000 to erect a structure on the land, and decide to move, should give us proof of the amount they spent on building materials.We will then present it to the next applicant, for them to decide whether they are willing to refund the previous lessee for the work done.The new lessee would then carry on paying the rent as per agreement,” Manhale explained.He said new legislation was being drafted to make it easier for people such as those living in the Tutaleni settlement to own houses.The Walvis Bay Municipality has denied the charge.It says the residents got it wrong and that they had signed a lease agreement – not a contract promising future ownership.Kornelius Nakapela of the Tutaleni Residents’ Committee told The Namibian that those living on the erven still have to pay the Municipality a rental fee of N$140 per month.Nakapela claims that residents had been led to believe that ownership would automatically revert to them after a period of five years.The families occupied the erven in 2001.He said when the project was introduced and people were told to move there, they at first refused due to the fact that they would have had to pay rent.They were only persuaded to move when the Municipality promised that they could build and own houses after a period of five years.A contract to that effect was ostensibly drawn up, although they have never seen a copy.He said the residents, most of them former ‘backyard squatters’ (tenants of shacks on existing properties), were given the impression that they would have to pay a monthly fee of between N$100 and N$200 for five years to become the owners of their erven.”It was like dangling a carrot on a stick before our noses that none of us could resist”, said Nakapela.At the end of the five-year period the residents sought proof of ownership from the municipality, only to be shown away, he said.They were told that there was no such provision in the contract and that they would have to continue paying rent.”Some of us who managed to put a little money aside to build houses and make improvements under the impression that we would own the erven, feel deceived and cheated,” Nakapela said.”There are many others who could not afford to build, and still live in shacks.Now there is a suburb of shacks and houses, but all of us are being treated the same way: pay rent or be evicted.”In addition to the rental fees, residents have to pay for utilities too, which many of them cannot afford anymore.”Now people are getting letters saying that if they do not settle their accounts, they must move.Where to? Into someone’s backyard again where all the problems, which this project was supposed to address, will start all over again?” he asked.Nakapela said the residents want to renegotiate the contract with the local authority.Jacky Manhale, Manager of the Walvis Bay Municipal Property Department, said the impression the residents had was wrong.They had signed a lease agreement and not a contract promising future ownership.”This was explained to all of them from the start,” he told The Namibian.He said the Tutaleni was a Walvis Bay Council initiative aimed at curbing ‘backyard squatting’ and all is attendant problems (sewerage, services and safety).He described the project as “controlled settlement” where poor people were given an opportunity to live on fully serviced erven.In 2002, the initiative won the Dubai International Award for best practices because it “greatly contributed towards solving some of the problems related to squatter settlements”.Manhale said the municipality got the go-ahead from the Ministry of Regional and Local Government, Housing and Rural Development to take a 300m² erf and divide it into four sections consisting of a concrete floor slab and a toilet with municipal services.He said national housing regulations prohibited people from obtaining ownership of an erf smaller than 300 square metres, adding that the lease contract specified that lessees could build structures on the erven although were not for sale.”Those who spent, let’s say N$6 000 to erect a structure on the land, and decide to move, should give us proof of the amount they spent on building materials.We will then present it to the next applicant, for them to decide whether they are willing to refund the previous lessee for the work done.The new lessee would then carry on paying the rent as per agreement,” Manhale explained.He said new legislation was being drafted to make it easier for people such as those living in the Tutaleni settlement to own houses.
