By Lerato Mpembe
Businesses illegally occupying government properties in Mthatha have been given a 14-day ultimatum to secure legal leases from the Eastern Cape Department of Public Works and Infrastructure (DPWI). This directive comes as part of “Operation Bring Back” (OBB), an initiative aimed at reclaiming hijacked and illegally occupied government-owned premises. The campaign targets businesses that are currently paying rent to unauthorised individuals who unlawfully control these properties, instead of the rightful government authorities.
During a visit to the Mthatha Central Business District (CBD) on Wednesday, 25 September 2024, Deputy Minister of Public Works and Infrastructure, Sihle Zikalala, alongside DPWI MEC Siphokazi Lusithi, issued eviction notices to several businesses. The leaders stressed that the operation was not intended to shutter legitimate enterprises but to ensure that businesses operating from government properties did so under lawful leases.
Ensuring Fairness for Small Businesses
Addressing local business owners and employees, many of whom expressed anxiety about the potential loss of their livelihoods, Deputy Minister Zikalala was clear in his message. “Our aim is not to shut down legally operating businesses, but we want these businesses that are paying rent to criminals, who have stolen government properties, to start paying the rent to the rightful owners of these properties,” he explained. He assured that those who adhere to the legal processes would not be driven out of business.
Businesses occupying premises such as driving schools, salons, tombstone retailers, and hardware stores were among those targeted during the operation. The DPWI team interacted directly with business owners and workers, listening to their concerns while reassuring them of the government’s commitment to resolving the matter in a fair and just manner. Business owners were informed that, provided they follow the legal procedures to regularise their leases, they would be allowed to continue operating on the premises.
Operation Bring Back: Restoring Government Control
Operation Bring Back, launched by the Department of Public Works and Infrastructure, seeks to restore government ownership and control over hijacked properties, both residential and commercial, across the Eastern Cape and other provinces. The illegal occupation of these properties undermines the state’s capacity to generate much-needed revenue, which could otherwise be used to maintain and develop the properties further. Additionally, small business owners are often unaware that they are paying rent to individuals who have no legal claim to these buildings, leaving them vulnerable to exploitation.
MEC Siphokazi Lusithi emphasised the importance of restoring these properties to the government and protecting legitimate businesses. “As the province, we are undertaking Operation Bring Back, which aims at bringing back government properties that are illegally occupied. The illegal occupation of government properties, both commercial and residential, undermines the state’s capacity to generate revenue and maintain our properties, but even more tragically, it victimises small business owners who are unaware they are being taken advantage of by these bogus landlords,” Lusithi said.
She also highlighted the proactive approach being taken by the DPWI to negotiate with small business owners and regularise their leases, ensuring that they remain protected. “In response, we have entered into negotiations with these small businesses to regularise their leases, ensuring that they are protected, and that government assets are not exploited for personal gain.”
Legal Eviction Orders in Progress
The Eastern Cape DPWI revealed that a total of 82 government-owned properties are currently going through legal processes to reclaim ownership. Of these, 57 eviction orders have already been issued, with 21 properties recommended for immediate execution. The department has set a target to complete 36 evictions by the end of the 2024/2025 financial year.
All eviction proceedings are being conducted in strict adherence to legal standards to ensure that the rights of tenants, even those illegally occupying the properties, are respected. The goal is not only to remove illegal occupiers but also to bring them into compliance with the law, where possible, by offering them the opportunity to secure legal leases.
MEC Lusithi further assured business owners that they had a 14-day window to apply for legal leases should they wish to continue operating on their current premises. “We are offering a pathway for businesses to remain on the properties legally. The eviction orders are targeted at individuals who refuse to comply with the legal process, but we are committed to working with small businesses to find solutions that benefit all parties,” she stated.
The Economic Impact of Illegal Occupation
The illegal occupation of government properties has far-reaching economic consequences, not only for the state but also for the businesses operating from these buildings. When businesses pay rent to unauthorised individuals, the government loses out on revenue that could be reinvested into public infrastructure and services. This also contributes to the deterioration of the properties, as hijackers often fail to maintain the buildings, leaving them in disrepair.
Deputy Minister Zikalala pointed out that the recovery of these properties is crucial for the state’s financial health and its ability to provide quality infrastructure to the public. “Government properties are public assets that belong to the people of South Africa. When these properties are hijacked, it deprives the state of the resources needed to maintain them and to fund other critical services. By reclaiming these properties, we are taking back what rightfully belongs to the people and ensuring that the revenue generated is used for public good.”
Furthermore, businesses operating under illegal landlords often find themselves in precarious positions, with no formal leases or security of tenure. This can lead to disputes and potential displacement, creating instability for the business owners and their employees. By regularising their leases with the government, these businesses can gain peace of mind knowing that they have legal protection and the support of the DPWI.
A Collaborative Effort
Operation Bring Back is a collaborative effort that involves multiple government departments, law enforcement agencies, and local municipalities. The goal is to ensure that all government properties, whether residential or commercial, are accounted for and properly managed.
The DPWI is working closely with law enforcement to ensure that eviction orders are carried out smoothly and in accordance with the law. The department has also enlisted the help of property management experts to assess the condition of the reclaimed properties and determine the best course of action for their future use.
In addition to reclaiming properties in Mthatha, the DPWI is also focusing on other regions within the Eastern Cape, where the illegal occupation of government buildings has been a long-standing issue. The department has prioritised properties that have the potential to generate revenue for the state or provide essential services to the community, such as schools, hospitals, and government offices.
Support for Small Business Owners
While the focus of Operation Bring Back is on reclaiming government properties, the DPWI has also made it clear that it will support small businesses throughout the process. The department is offering assistance to business owners who may be uncertain about how to navigate the legal system or secure a government lease.
MEC Lusithi announced that a dedicated team within the DPWI will be set up to help businesses with the application process, ensuring that they have the necessary support to regularise their leases. “We understand that many of these small businesses are the lifeblood of the local economy, providing jobs and services to the community. Our goal is to ensure that they are not unfairly penalised but are given the opportunity to legalise their operations and continue contributing to the economy.”
The department is also working to raise awareness among business owners about the risks of dealing with illegal landlords. Through public education campaigns and community outreach, the DPWI aims to inform business owners about their rights and the steps they can take to protect themselves from exploitation.
Long-Term Goals for Public Asset Management
Operation Bring Back is part of the DPWI’s broader strategy to improve the management of public assets across South Africa. The illegal occupation of government properties has been a pervasive issue in many provinces, and the department is taking a proactive approach to addressing it.
Deputy Minister Zikalala highlighted the importance of maintaining government properties and ensuring that they are used for their intended purposes. “Government properties are meant to serve the public, whether by housing essential services, providing office space for government departments, or generating revenue through leases. When these properties are hijacked or misused, it undermines the government’s ability to deliver services and support economic growth.”
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