Proposed Khayelitsha mall developer seeks Public Protector’s aid, claims City stalling project

The developer, Zandisile Balasana, standing in the middle of the controversial plot of land. Picture MWANGI GITHAHU/Cape Argus

The developer, Zandisile Balasana, standing in the middle of the controversial plot of land. Picture MWANGI GITHAHU/Cape Argus

Published Nov 9, 2022

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Cape Town - A Khayelitsha property developer has contacted the Public Protector over a stalled shopping mall project he proposed to the City a decade ago.

The developer, Zandisile Balasana, said his company Ziba Property Development expressed an interest in acquiring the plot of vacant land situated at the corner of Spine Road and Makabeni Street, next to the Lingelethu Police Station, for a mixed-use mall back in 2012.

Balasana said he had followed all the right processes and did all that was instructed by the City, but a decade later, there was still no update.

He said he had even submitted a letter of support from police for the project and showed the City proof of community participation as well as viability and economic studies.

“I proposed mixed-use development at ERF 564, but from 2012 until today, there has been no progress, even though a resolution was taken by the council for this land to be disposed of.”

Balasana said his frustrations with the City had led him to complain to the public protector.

He said these frustrations grew from the knowledge that he had an anchor tenant waiting for the mall project to begin.

He said he had learnt that the City had recently opted to sell the plot of land on the other side of Makabeni street to another developer with a similar proposal to his.

Contacted for comment on this claim and other allegations Balasana made against the City, spokesperson Luthando Tyhalibongo refused to be drawn into the issue.

All Tyhalibongo would say was: “The issues cited by Balasana form the subject of an active investigation before the Public Protector South Africa and litigation before the courts.

“The City is therefore unable to comment on or address these issues outside of these processes.”

The City had previously said that the property would undergo a rezoning process in terms of the Municipal Planning by-law of 2015 to give potential developers of Erf 564 an adequately zoned property to expedite development.

The City envisaged that the land use process would be completed by the end June 2022.

An artist’s impression of the proposed proposed mixed-use development Mall situated at the corner of Spine Road and Makabeni Street, next to the Lingelethu Police Station. Picture supplied

After this time the property will be placed on public auction to the highest compliant bidder. Balasana said this move had not yet taken place.

The Office of the Public Protector has confirmed it is aware of the matter.

In his letter appealing to the public protector to intervene, Balasana said: “We are seeking your assistance to expose and resolve these issues as we have tried many avenues to try and resolve these issues with no luck.

“Your intervention will be highly appreciated.”

In December last year, Balasana received the support of community activists for the proposed shopping centre, but even that support was to no avail.

The Khayelitsha Development Forum wrote a letter to the City inquiring about the project in which they asked why the project had been delayed.

The South African National Civic Organisation (Sanco) said they had been hopeful as the proposed mall had promised over 60% employment for people from Ilitha Park, especially the youth.