The Free State government and Mangaung Metropolitan Municipality have been aware of hundreds of properties requiring rectification since 2017, yet progress has been painfully slow.
This was the finding on an extensive investigation by Public Protector Advocate Kholeka Gcaleka, which unearthed troubling administrative delays by the municipality and the Free State Department of Public Works and Infrastructure. The report highlights unjustified procrastinations in rectifying land registrations of erven 7164 and 3132, which have significantly affected the rightful owners, Ranthamane Nche and Billy Plaatjies, respectively.
The inquiry stems from grievances lodged by Nche and Plaatjies to the Free State Provincial Office of the Public Protector; Nche filed his complaint on 20 October 2022, and Plaatjies followed suit on 2 November 2023. Both individuals allege a perverse injustice against their property rights, stemming from negligence and oversight by municipal officials.
Nche's plight traces back to 1996, when he inherited Erf 7164 in Mokwena Village, Thaba Nchu, from his late mother, who had obtained it from the Kgotla Ya Barolong Boo Seleka Tribal Authority. Tragically, she passed away while awaiting a Permission to Occupy, leaving the property in legal limbo. Despite the Permission to Occupy being issued in Nche’s name before 1999, the municipality inadvertently registered the property under the name of a deceased neighbour, Kgware, causing a chaos of ownership disputes.
Efforts by Nche to rectify the registration have met with relentless administrative obstacles, leaving him profoundly frustrated. The title deed still erroneously lists a deceased individual as the owner, denying Nche’s rightful claim to his familial property for decades.
On a similar note, Plaatjies encountered complications with Erf 3132. After receiving a Permission to Occupy from the Mogopa Tribal Authority for Allotment Number 143—later converted to Erf 3132—he discovered an egregious error in the title deed. The title incorrectly listed him as “Paul Plaatjies,” rather than “BB Plaatjies.” Following complex steps through appointed attorneys and interactions with the department, which was initially responsible for the land, he encountered bureaucratic inertia, despite assurances of a speedy resolution.
The investigation determined that both Nche and Plaatjies have suffered undue prejudice due to the failures of the municipality and department to address their rightful claims. Alarming is the report's revelation that, as of 2017, the department was aware of hundreds of properties requiring rectification, yet progress has been painfully slow.
The Public Protector's findings confirm these allegations of undue delays and recommend a series of immediate remedial actions. Notably, it calls for the Premier of Free State and the Executive Mayor of Mangaung to publicly apologise within 30 days to all affected beneficiaries in Thaba Nchu, acknowledging the injustices they have endured.
Furthermore, the report lays out a timetable mandating the department to undertake comprehensive audits and rectify title deeds within stipulated timelines, engaging relevant stakeholders throughout the process to ensure future compliance and restoration of rightful ownerships.
