Draft Status Quo Report for the Pixley Ka Seme ... - SRK Consulting

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SRK Consulting in association with BKS Pixley Ka Seme Local Municipality EMF – Draft Status Quo Report Page 39 A chicken farm, a dairy herd and a technical high school were also planned at Daggakraal as part of this grant (African National Congress (ANC), 1997). Today, Daggakraal including Vlakplaats constitutes the largest urban centre in the municipality in terms of land coverage and possibly population numbers. Classified as a misclassified town in a StatsSA (Statistics South Africa) report of 2003, the area was incorrectly classified as rural in the 1996 census but corrected to urban in the 2001 census. In terms of the population of Daggakraal there appear to be vastly differing population estimates. The StatsSA report of 2003 indicates that Daggakraal had a population of 17,357 in 2001. According to the PKSLM SDF (2009) Daggakraal accommodated an estimated 33% of the PKSLM’s population in 2001, which according to their overall figures used would be in the region of 28,000. In an ANC daily news briefing of 1997 the area was estimated to have 80,000 people. Despite the statistical anomalies, the maps of the area indicate a vast low density urban area (Klug, 2010). Perdekop / Siyazenzela Perdekop, although situated on the prominent R23 between Volksrust and Standerton, is a very small urban area which is in a state of decline according to the GSDM SDF (2009). 3.4.5 Open space There is very limited state owned land within the PKSLM, which suggests that the vast bulk of the land is in private ownership. This further suggests that the state is going to need to work in partnership with private land owners to ensure the protection of the important wetland and grassland biospheres in the municipality. The Wakkerstroom wetland is a very important ecological wetland as a vital catchment for the Vaal, Usuthu and Thukela Rivers, and its rich diversity of plant and animal life. The wetland systems are home to all three of the crane species occurring in South Africa namely the Blue, Crowned and Wattled Cranes, as well as other protected bird, frog and plant species. There are also a number of Natural Heritage sites within the municipality. According to the data sources available, these areas are located around Wakkerstroom (Tafelkop, Boskop, Wakkerstroom and Kombewaira), as well as a large area near Warburton called Theespruit. Large portions of grassland near the Wakkerstroom region remain in near-pristine condition because this region has not been considered well-suited for the cultivation of timber or crops and the grazing animals. The areas important for bird conservation are located primarily in a broad north south axis from Wakkerstroom to Carolina. In addition, the central portion of the municipality has also been identified as a bird conservation hotspot. The Wakkerstroom Wetlands are host to one of the largest international wetland – and waterbird – conservation initiatives in the African-Eurasian region, Wings over Wetland, and is listed as an Important Bird Area. It is also home to the National Grasslands Programme's agricultural demonstration project and its grasslands have been assessed as "critically important" in terms of Mpumalanga's biodiversity plan. This programme falls under the auspices of the South African National Biodiversity Institute (PKSLM, 2009). 3.4.6 Tourism Tourism in PKSLM including agro-tourism has great potential but is currently under-developed (Mpumalanga Tourism Growth Agency (MEGA), 2010). The 2009-2012 IDP highlights the need for promotion of local tourism resources including historical sites, museums as well as local arts and culture. Public-private partnerships are seen as the means for building skills and resources for developing tourism. Of concern is that a 2009 presentation by the MTPA made no mention of the Wakkerstroom area in terms of tourism product to be developed. The Wakkerstroom Wetland Conservation area is a primary tourism focus and occupies 650 ha. It is recognized as a national asset and the town of Wakkerstroom is internationally known as a haven for birdwatchers and ecotourists. Special species occurring in the area include Rudd’s Lark, Botha’s Lark, Yellowbreasted Pipit, Blue Korhaan and Southern Bald Ibis. There are over 800 species of wildflowers, including 54 species of orchid. An initiative is also underway to establish an internationally recognised grassland biosphere reserve (MEGA, 2010). There is a further drive for the declaration of a Ramsar site. The Paardeplaas Nature Reserve is the only formal KILI/BEAT G:\404946_PIXLEY EMF\7REPORTS\Status Quo report\Draft report\Draft status quo report, July 2010.docx July 2010
SRK Consulting in association with BKS Pixley Ka Seme Local Municipality EMF – Draft Status Quo Report Page 40 conservation area within PKSLM, but a further area which is receiving development support from authorities, is the Uthaka Game, Bird and Nature Park. Sites of cultural and historical importance include the San (Stone Age) paintings situated at the foot of the Amajuba Mountain, and the Mahatma Ghandi museum. PKSLM also has some of the key battle sites of South Africa, including Majuba Hill near Volkrust where the Transvaal won independence from the British. Memorials in the town commemorate the Anglo-Boer wars in honour of concentration camp victims and those in active service (MEGA, 2010). Besides birding, outdoor recreation is based on resources including the Mahawane Waterfall, the Amersfoort and Martins Dams. A well-known paragliding venue is situated at the Tamatiesberg to the north of Volksrust (PKSLM, 2009). Fly-fishing is a further popular outdoor pursuit in PKSLM. The southeastern portion of PKSLM is mountainous and probably attracts ecotourism activities such as hiking and climbing. Tourism resources in PKSLM are depicted in Map 27. 3.4.7 Spatial planning An outline of how legislation guides spatial planning is provided below. Key legislation with relevance for land use development within PKSLM, is the NEMA, DFA, Municipal Systems Act (Act No. 32 of 2000) and Town-planning and Townships Ordinance, 1986 (Ordinance No. 15 of 1986) (Transvaal) (also see Section 1.4). NEMA and the DFA deal with the pace and impact of development. NEMA effectively sets out the provisions for EIA authorisation for all listed activities. The DFA was promulgated to establish appropriate integrated development principles as well as to expedite development of low income housing developments. However, the legislation has been used for a wide range of developments. If an application for a land development in the GSDM is made to the development tribunal for Mpumalanga, in theory, that tribunal may suspend the application of any laws and plans in order to facilitate that land development. The majority of Land Use Management Schemes (LUMSs) around the country are being legally enabled using the old provincial ordinances in the absence of the Land Use Management Bill being enacted. In the case of PKSLM it would be the Town-planning and Townships Ordinance, 1986 (Ordinance No. 15 of 1986) (Transvaal). In the case of a conflict arising between a designated land use in the LUMS and the EMF, these would have to be viewed together by legal specialists to come up with an amicable solution. The enactment of the Land Use Management Act in the future may alter this situation. At present however, it should also be noted that a recent Constitutional Court decision on the DFA declared chapters V and VI of the DFA non-Constitutional,. Chapter V consists of sections 30 to 47. It defines the process that must be followed in submitting applications to a development tribunal and outlines some of the powers and functions of the tribunals. Chapter VI consists of sections 48 to 60 and governs applications for development relating to small-scale farming. In so doing the court affirmed that the function of granting the change in land usage and for establishing townships is that of the local municipality and not that of the Province, in terms of the Constitution. However, given the lack of alternative legislation the court has suspended the ruling for two years to enable the government to amend and enact the Land Use Management Bill within this period. The implications for the PKSLM is that there is renewed pressure on national government to enact the Land Use Management Act and therefore the proposed LUMS for the municipality needs to be prepared in accordance with the new Act to be amended. Furthermore, any proposed major land developments that conflict with the future EMF, that are applied for via a DFA tribunal process should possibly be deferred until the National Land Use Management Act is enacted to avoid any future legal conflicts. The Municipal Systems Act (Act No. 32 of 2000) was enacted to empower local government to fulfil its Constitutional obligations. Section 26(e) of the Act requires municipalities to produce ‘a SDF which must include the provision of basic guidelines for a land use management system for the municipality'. In terms of Chapter 5 of the Municipal Systems Act, local authority in South Africa is required to compile an IDP for its area of jurisdiction, which according to Section 26 KILI/BEAT G:\404946_PIXLEY EMF\7REPORTS\Status Quo report\Draft report\Draft status quo report, July 2010.docx July 2010
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