Sunday Times E-Edition

DEMOLISH IT!

Pensioner’s life savings flattened

By ISAAC MAHLANGU

● A retired police officer who spent his R900,000 pension payout on building a block of flats has been ordered by the Gauteng High Court to demolish it — because he erected it illegally.

Nyepane Shilane, 64, who retired in 2016, built a double-storey block of flats with eight two-bedroom units in his yard in Parkhill Gardens, Germiston, without applying to the Ekurhuleni Metro for zoning permission.

The father of two spent a further R250,000 on legal fees, including hiring an advocate, in a failed bid to overturn the court’s initial ruling in September. He says he is now too broke to pay for the demolition.

Shilane had planned to rent out the flats and live off the income, which he estimated would be about R40,000 a month. However two neighbours, Lourens Ten Napel and Hugo du Rand, hauled him to court for building without the necessary permits. The building plans had also not been approved by the municipality.

“I am deeply hurt and very disturbed as I don’t even have the money to demolish this building as per the court’s ruling,” Shilane told the Sunday Times this week.

“I had municipal approval for a granny flat which I intended to build to rent out, but along the way I deviated from that plan and decided to use my life’s savings to build a block of flats.”

Shilane, who was in the police for 37 years, claimed he was “ill advised” by his builders who led him to believe he could begin construction without the necessary approvals.

He said the flats were central to his plans for providing for his family, including his two children and four grandchildren, “who are all relying on me”.

The initial court ruling, that the building was erected without prior approval and that the structure be demolished, was upheld on November 17.

Shilane was ordered “at his cost, to take all necessary precautions, including the employment of a structural engineer, to guard against any risk or damage being occasioned by such demolition to buildings which are situated close to the structure”.

The structure is almost complete, requiring

Along the way I deviated from that plan and decided to use my life’s savings to build a block of flats

Nyepane Shilane

only a roof, and doors and window frames on the top floor.

The appeal judgment last month came two months after the Ekurhuleni planning tribunal provisionally approved an attempt by Shilane to rectify the situation by belatedly applying for rezoning.

Minutes of a meeting on September 14, which the Sunday Times has seen, state that approval for rezoning was granted pending payment of a R116,650 fee towards the improvement of services.

But the judges who heard the appeal dismissed this development, ruling that a building needed to be approved “before commencement” of any building work.

“It is specifically noted in the resolution [by the Ekurhuleni planning tribunal] approving the rezoning that the tribunal did not condone the partly constructed building that encroaches into the building lines of the property,” the ruling stated.

It said “a site development plan including a landscaping plan as well as building plans had to be submitted and the legislation must be complied with before the commencement of the any further building work”.

The judges said Shilane had failed to comply with contravention notices issued by the council as early as March 2020, shortly after construction began.

“On November 25 2020 the appellant [Shilane] gave an undertaking to cease the works but instead the building process was accelerated. [He] therefore persisted with his unlawful conduct even when he knew that the works were not compliant.”

The judgment said the courts should not let landowners erect illegal structures “and then present the authorities with a fait accompli created by their illegal actions”.

Ten Napel has since sold his home and moved out. His lawyer, James Mannering, said he had written to Shilane on behalf of his client asking how he intended to comply with the demolition order.

Du Rand told the Sunday Times that Shilane had misled his neighbours.

“He advised that he was building a garden cottage for his elderly mother [but] it afterwards became apparent that his intention was to build an illegal block of flats,” Du Rand said.

He said Ekurhuleni officials had told Shilane he could not continue with construction but he ignored them.

“We attempted on numerous occasions to persuade Ekurhuleni to take action against Mr Shilane, but they dragged their heels. He ignored two [orders to] cease work and even breached his own undertaking that he would cease construction,” Du Rand said.

Shilane disputed this, saying the notices may have been placed on his gate and “could have easily been blown away by the wind”.

Du Randt said it appeared that there had been no oversight by an engineer or architect “and none of the building work had been certified as safe”.

“We deemed it in the public interest to take action against Mr Shilane when Ekurhuleni failed to do so.”

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2022-12-04T08:00:00.0000000Z

2022-12-04T08:00:00.0000000Z

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