For 15 years, manganese operators in Gqeberha have ignored municipal rules, damaging infrastructure and occupying land illegally. The city has issued compliance notices to 12 non-compliant operators and plans to accelerate court proceedings to reclaim land and recover funds. Officials expressed frustration over delays in the legal process during a recent inspection.
Manganese operations in the Markman Industrial area of Nelson Mandela Bay have posed enforcement challenges for over a decade and a half. Operators have flouted the Spatial Land Use Management bylaw, particularly Section 103, by engaging in 'noxious use' without proper approvals. This includes storing and handling manganese, a hazardous substance, without submitting required risk management and prevention plans as outlined in regulation 59 of the bylaw.
Of the 18 operators identified in a recent profiling exercise, 12 remain non-compliant. They have damaged city infrastructure through heavy truck traffic, affecting roads, stormwater systems, sewerage networks, water pipelines, and electrical lines. Some have also erected permanent structures on municipal land without permission, with one instance involving a 1.5-hectare site enclosed by a concrete wall.
A report by human settlements director for land use, Mthulisi Msimanga, approved by the mayoral committee last week, highlights the transversal nature of these issues across directorates, including the Coega Development Corporation. It recommends that legal services pursue court orders against violators. During a Friday oversight inspection in Markman, political head of human settlements, Thembinkosi Mafana, criticized delays, noting that notices served over 20 days ago had not led to action. 'I understand there was a programme to profile the manganese handlers, but what did you do after that? You just waited,' Mafana said.
Mafana faulted the appointment of a single law firm for all cases, contributing to slowdowns, and pledged to advise the mayor on faster routes to court. The city aims not only to evict operators from illegally occupied land but also to claim revenues gained from unauthorized use. Executive director Tabiso Mfeya outlined three key problems: non-compliance with zoning, unauthorized structures requiring demolition, and premature land occupation. 'We now have no option but to take the legal route,' Mfeya stated, acknowledging typical processing delays.