An alleged unsafe excavation site at the intersection of Bird and Paul Kruger Street, which claimed the lives of two young adults in October 2022, remains a significant public safety hazard. Leila Lees (18) and Ethan Kirkland (19) tragically lost their lives due to what many call gross negligence surrounding the open excavation site.
Families of the victims say they have been tirelessly reaching out to the authorities and the municipality for answers.
Annene du Preez, mother of Leila, and Paul Midlane, father of Ethan, have been on the forefront of demanding action.
A petition to secure the site was signed by more 8 000 residents and students since January this year. However, subsequent communication has yielded minimal results. The only official response from the municipality, dated 23 January 2023, mentioned a compliance notice issued to the property owner earlier that month. “Since then there has been a concerning silence,” said De Preez in a heartfelt email plea.
“The fact that an entire SUV vehicle could breach that ‘fence’ without leaving a trace, and an entire vehicle could disappear for days in that excavation, should speak for itself.”
Her most recent email demanded a list of names of the current and past officials associated with the site, highlighting the alleged long-standing negligence and potential violations of safety regulations. The distressed mother also emphasised the emotional and financial impact on affected families.
Paul Midlane, echoing her sentiments, also expressed his grief and frustration in an email. “If anything at all, good could come out of the worst thing ever to happen to us . . . it must be that other lives be spared from such needless and totally avoidable catastrophic events.”
Despite Executive Mayor Adv Gesie van Deventer’s assertions of a major budget dedicated to improving service delivery and infrastructure, questions arise about the Mayor and municipality’s efficacy.
“How can they be trusted with a R2,7 billion budget while failing to address such an evident [sic] public-safety issue,” Du Preez questions.
In response to a media inquiry from Eikestadnuus, municipal spokesperson Stuart Grobbelaar said that “to address the enquiry on the status of the privately owned property in Bird Street (Erf 7565) sensibly it will be necessary to provide a brief overview of the historic development as well as the recent and current ongoing dealings with the private property owner.”
He said a development approval was granted in the early 1990s for the development of the property into a multi-residential building. “The development commenced, but because the owner was in breach of the conditions attached to the approval that was granted, which related to the refusal to develop a required slip lane to access the subject property, the development did not proceed. The owner did commence with the extensive excavations that can be seen on the property in pursuance of the development. These excavations was however undertaken without the necessary building plan approval. Due to the ongoing negotiations of the owner with the municipality for the eventual development of the subject property, the excavations were never rehabilitated.”
Grobbelaar added that the municipality has continuously engaged with the property owner to facilitate the development of the subject property and several interventions and ways of expediting the development process were proposed by the municipality.
Regardless of the assistance provided by the municipality, and consultations with the architect, the owner did not proceed with the land use process. Following further engagements and insistence to proceed with the process, the contact details of the three consultants involved in the previous land use application processes in Dennesig were provided to the owner, who eventually approached one of these town planning consultancies.
According to Grobbelaar the municipality initiated an informal briefing to ensure that the designated town planning consultant was aware of the process so far as well as to offer assistance to facilitate the speedy conclusion of the process. This process happened during September and October 2021.
“The owner, however, insisted that a lawyer first proceed to conclude an application for a required subdivision and consolidation of a small portion of land procured from the neighbouring Catholic church. Following a site inspection on the status of the subject property, and only after numerous enquiries and another meeting with the owner on 10 March 2022, the application for the consolidation of the Catholic church land was eventually submitted. This application was processed and approved on 18 October 2022.”
During the meeting on 10 March 2022, undertook to submit the application for the subdivision and consolidation of the Catholic church land, the erection of proper fencing around the property, the draining and cleaning of the property and to proceed with the application for the required land use rights.
Although the first two undertakings were complied with, to date, none of the last two undertakings of the meeting on 10 March 2022 were honoured by the property owner.
In subsequent engagements it was communicated to the municipality that the owner has suffered health setbacks and that allowance must be made for his recuperation.
Renewed attempts were made to meet with the owner’s son in early June 2022 and again in August 2023, but no meeting with the owner or his son could, however, be secured, Grobbelaar indicated. “The son did not agree to a meeting and an undertaking was made to submit an e-mail communication to the municipality on their position regarding the property. This email has not been received as yet.”
With no progress on facilitating the development of the property, the municipality has now served a notice on the property owner and will pursue that the property be returned to its former state with the rehabilitation of the exposed excavations.
“Meanwhile, the property is being monitored to ensure the fencing remains functional to prohibit undue casual access to the property, and that the rainwater is drained from the excavations regularly.”
