ENCROACHMENT RIFE AT MAHWALALA ZONE 5
…..A recent study shows that 181 plots were affected by encroachments and caused delays to the Council road project.
MBABANE – An ongoing of assessment of the extent of encroachment at Mahwalala Zone 5 paints a worrying state of affairs in the bustling township.
The results of the assessment show that 181 plots are affected by encroachments, 12 properties have encroached onto public open spaces, while 85 plots have encroached onto access roads leaving other properties without access. At the moment, Council intends to engage the community about the findings and possible solutions to the problems affecting the township’s development.
| TYPE OF ISSUE | NUMBER OF PROPERTIES |
| Total Number of Plots | 810 |
| Total Number of Properties Affected by Layout | 279 |
| Plots affected by Structural Encroachment | 181 |
| Encroachments onto POS | 12 |
| Encroachment onto Access Road/Plots without Access | 85 |
| Structures encroaching onto Road Reserve | 47 |
| Undevelopable Plots (wetland/ rocky) | 9 |
The table summarises the different incidents that were identified on-site as hindering the provision of access in the township.
Following a number of complaints by residents regarding encroachments and unavailability of access roads in Mahwalala Zone 5, Council undertook an initiative to investigate the complaints in the area. Council in January 2022 then appointed a consultant, ZMCK Consulting Engineer to undertake a thorough assessment of the township and amendment of the township layout in preparation for the construction of Level 1 basic roads in the township.
The primary objective of the project is to assess the current development challenges that hinder the provision of access roads to plots and in turn to provide appropriate solutions that will enable the basic access roads to be constructed.
To date, the Consultant has managed to undertake a preliminary situational analysis of the study area which includes: a comprehensive household survey; and an analysis of socio-economic, environmental, ecological, and spatial elements of the project area. The consultant has further produced a report containing key findings following the assessments, as well as key recommendations and a way forward for Council.
SUMMARY OF KEY FINDINGS AND RECOMMENDATIONS
Key findings of the report
- Based on findings from the situational analysis, it was determined that there are approximately 181 plots in the township that have been affected by structural encroachment.
- There are at least twelve (12) properties within the township that were found to be encroaching on to Public Open Spaces.
- The findings show that there are at least 85 (eighty-five) such properties where access has been restricted or limited by an encroaching structure or other physical barriers.
- The findings show that there are at least 47 structure/property boundaries encroaching onto the Road Reserve within the township.
- There are only nine (9) plots declared as undevelopable within the township.
Key recommendations
- Consolidation of properties
This solution will be applicable for properties in the township (Zone 5) that were found to be encroaching on other properties, are owned by the same individual, and are next to each other/ form part of one homestead i.e., are located in proximity to one another.
The approach may also be implemented in instances where the neighboring plots do not belong to the same person but are both affected by an encroachment. In this instance, the encroached plot would have to be sub-dived, and the encroached portion be consolidated. This approach aims to avoid by all means the need to demolish any structures that are found to be encroaching on a neighboring plot. The consequence of using this approach is that properties that have already been allocated to other parties will be affected by the loss of property and may require reallocation.
- Reallocation to alternative plots
This solution is advisable for properties that were identified as undevelopable due to constraints imposed by the terrain, or due to being on a wetland or natural stream.
- Redesign of Layout/Adjusting of property boundaries
This solution will be implemented in the event where an encroachment onto a property is considered minimal and or adjustable in a manner that would not greatly impact any of the neighboring properties.
This solution will also be considered in the event that the encroaching structure is found to be restricting or blocking access to other properties, it is recommended that a road redesign is effected as a means of providing access to avoid the possibility of demolition. The consequence of using this approach will be that the encroaching landowners will be liable for paying to Council the additional purchase price of the property to be gained after the consolidation.
