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Mayor Geordin Hill-Lewis has upheld the City’s Municipal Planning Tribunal’s decision to impose a record penalty of R1 million for unauthorised building work after a developer erected an apartment building on a single residential property.

The fine was issued to Ijumba Properties developer Steven Kampies’ construction of a 22-unit apartment in violation of the development management plan, title deed restrictions, and approved building plans in addition to allowing the building to be occupied.

According to the City, “The owner is permitted to make an application for an administrative penalty, all relevant departures and land use approvals and then building plan approval.”

“In the event that he is not able to obtain building plan approval, or part of the building remains unapproved, the owner must demolish that portion within a specified time period. There is also an eviction provision.”

The Mayor explained, “The building, which includes two storeys of apartments, covered parking and a refuse room, is located in Sunkist, part of the Oakdale suburb in Bellville, and encroaches on neighbouring properties.”

“Despite the City ordering a stop to construction in September 2022, the developer continued not only building but also tenanting the unauthorised apartment block.

“Occupation of such a building poses a safety risk to tenants without the necessary safety and building plan approvals, land use rights, and occupation certification.”

The developer’s lawyer, Martin Green, said his client had been hoping for a slap on the wrist.

“Building alterations and work were done on his premises, the plans were initially approved, but he made some drastic changes to it. The other necessary applications were not approved yet.”

“My client thought it would be applied after, retrospectively approved and that he would pay a penalty and it was not maliciously done. The building is not substandard. We didn’t expect the penalties to be exorbitant and drastic. This is a high fine and he can’t afford it. If he pays the fine it will mean he’ll pay double for the extra refurbishment and we were hoping the fine would be about R150,000.”