THE Mangaung Metropolitan Municipality has been ordered by the Public Protector to take immediate remedial action to correct long-standing property registration errors in Thaba Nchu.
These actions include issuing a public apology to affected residents and ensuring the rectification of incorrect title deeds within specific timeframes.
The Public Protector’s report, issued on 30 December after a detailed investigation, found that both the Mangaung Metropolitan Municipality and the Free State Department of Public Works and Infrastructure (DPWI) were responsible for maladministration that delayed rightful property ownership in the area.
The investigation was initiated following complaints from residents whose properties had been wrongly registered under other names due to municipal errors dating back to the 1990s.
Ranthamane Isaac Nche and Billy Boy Plaatjies filed complaints with the Public Protector’s Free State provincial office on 20 October 2022 and 2 November 2023, respectively.
They reported issues with their property registrations, Erven 7164 and 3132, which were incorrectly registered under different names.
Nche inherited Erf 7164 Mokwena Village, Thaba Nchu, from his late mother, Mabatho Evodia Nche.
However, the property was erroneously registered in the name of a deceased neighbour.
Despite repeated requests for correction, the title deed remains incorrect.
Plaatjies encountered a similar issue with Erf 3132, which was registered under a different name.
He sought legal assistance, but despite confirmations from attorneys that the DPWI was responsible for the error, no corrective action was taken.
The Public Protector’s investigation confirmed that both the Mangaung Metropolitan Municipality and the DPWI were aware of these errors but failed to address them.
Nche first approached the municipality in 1999 to rectify the registration of Erf 7164, but the matter was ignored.
The DPWI has been aware of widespread registration issues affecting approximately 480 properties in Thaba Nchu since 2017 but failed to resolve them.
Plaatjies’ case was also neglected by both institutions, leading to ongoing prejudice against him.
The report found that these actions constituted improper conduct, maladministration, undue delay and improper prejudice.
The Public Protector outlined specific remedial measures to address the identified issues:
- The Premier of the Free State and the Executive Mayor of Mangaung must issue a public apology to all affected beneficiaries in Thaba Nchu within 30 days.
- The DPWI must appoint conveyancers to correct title deeds for Erven 7164 and 3132 within 90 days and address other incorrect registrations within 180 days.
- The Director-General of the Office of the Premier must coordinate with relevant stakeholders to ensure the implementation of corrective actions.
- The Municipality and DPWI must conduct audits to identify additional properties with incorrect registrations and develop action plans to rectify them.
- The Free State Department of Human Settlements and DPWI must appoint officials to oversee the implementation of the remedial actions and ensure timely resolutions.
- The delays in rectifying property registrations have had serious implications for residents in Thaba Nchu, who have faced difficulties accessing their properties, securing loans, or transferring ownership due to incorrect title deeds.
The Public Protector’s report emphasises the need for government accountability and efficiency in handling property matters to prevent further prejudice against residents.
The implicated officials and departments are required to report on their progress in implementing the remedial actions within the specified timeframes.
Failure to comply with the Public Protector’s recommendations could result in further legal consequences. – Staff Reporter