Selibe Phikwe Cllrs block eviction of illegal churches
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Councillors in Selebi Phikwe have opposed the eviction of churches both operating illegally and occupying land illegally in the former mining town.
Presenting a church squatters report at the recently ended full council meeting, Selebi Phikwe Town Council (SPTC) Chief Physical Planner, Samuel Aaron told councillors that a total of 60 churches were operating illegally in places not designated for worship and therefore should be evicted.
Councillors moved swiftly to block the recommendation to evict opting instead for consultation and liaising with the Department of Lands for expedition of allocation of plots for churches, notwithstanding the fact that out the 60 churches, only 19 of them are legally registered.
Aaron noted in his presentation that the Local Authority undertook a study to profile places of worship and the field survey revealed that there are a total of 60 places of worship operating in areas not designated for worship, 31 of which operate in residential areas while 29 operate in open spaces.
According to the Registrar of Societies, of the 60 places of worship, only 19 churches are registered whilst others have no record of registration and therefore not recognised by the Laws of Botswana. Of the 19 registered churches, only four indicated that they have a membership size of 150 or more and 13 of all the 60 interviewed churches claim to have a membership size of 150 which is the minimum required membership size for churches to register with the Registrar of Societies as per the Act.
All these churches including the 19 which are legally registered operate from areas not designated for church use and therefore contravene the Town and Country Planning Act of 2013. Aaron revealed that the same issue has also been raised by the Selebi Phikwe Planning Area (2011-2035) which advocates for adoption of sustainable measures to meet land demands for such religious establishments.
He pointed out that the identified places of worship exist in the physical form of temporary structures of IBR sheets, wood and plastic which are aesthetically unappealing and compromises the aesthetics and safety of the town. “There are either no or inadequate provision of public conveniences in these sites hence making the site prone to environmental pollution,” he said.
He added that issues relating to illegal occupation of land by churches include noise pollution, land use conflicts, change of character of the area, environmental pollution due to some religious practices, safety of the congregates as some churches worship in the bush and mountains, as well as criminal acts perpetrated by some churches on worshippers under religious deception.
The objective of the study was to undertake an in-depth assessment of the problem, determine its root cause and come up with possible solutions, to determine the general provision of places of worship in Selebi Phikwe in terms of adequacy, to establish their background; date founded, membership size, where they were worshipping before and if they have land elsewhere, to determine reasons why the churches have resorted to squatting in open spaces and operate in residential areas as well as to develop possible solutions to the problem and make recommendations.
Out of the 60 churches operating illegally and in illegal places, 24 had indicated that that they once approached Department of Lands and Council and were informed that the plots will be advertised. According to Aaron, they complained that it takes long for civic and community plots to be allocated in Selebi Phikwe. This is despite the fact that still; only 19 of these churches are legally registered with their only wrong being operating in places not designated for worship.
Aaron presented three recommendations with the first one being eviction of all churches operating in areas not designated for church use. He had pointed out that the eviction will be preceded by consultation with churches and subject to consideration of suggestions from the consultation. Councillors did not like the eviction recommendation, with all that debated the report choosing the third recommendation on the list being to liaise with the Department of Lands for speedy allocation of church plots.
Councillor Kago Motsemme of Botshabelo said that the church plays an important role in building people’s personalities, arguing that if churches are evicted, the people may go to places where they as leaders of the people do not want them to go to. Another Councillor, Lillian Sethula said the council should investigate whether the affected churches had been allocated plots and failed to develop them.
Legal framework for eviction
Aaron stated that the need and desire to control developments is borne out of a number of concerns which include health, safety, environment, social and aesthetics as well as efficiency concerns. The challenge therefore, he said lies on how to fashion out a Development control code that address all the concerns without compromising flexibility and discretion on the part of planning authorities nor limiting the ability of the code to offer choices and not being overly prescriptive.
He noted that presently, the legal form of physical and development control in the country falls under two categories being the Town and Country Planning Act of 2013 which serves as the apex Planning Legislation that provides the legal backing, as well as the Development Control Code which provide statutory basis.
He said the preparation of development plan shows how land should be utilised and how physical developments ought to be carried out as per the Act. He explained that the Development Control Code is a set of planning regulations for land use and the activities that take place on it which are mainly physical developments, emphasising that the control of how land is carried out and affected is one of the functions of Planning Authorities also guided by the urban development standards.
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