April 6, 2006
By Lucille Davie
A THIRD court action has been lodged against the Gautrain. Explosives manufacturer AECI in Modderfontein has launched a high court action to obtain an interdict against the Gauteng province restraining it from expropriating land for the Gautrain.
"AECI believes that such expropriation should only be allowed to proceed once the fair and proper processes which are prescribed by law to be undertaken prior to expropriation have been completed," the company says in a statement.
Another two court disputes with the Gautrain planners have been settled. The residents of Muckleneuk in Pretoria wanted the train to be tunnelled through their suburb, instead of being on the surface. This was resolved and the Gautrain will run alongside the rail system, above ground.
A group of Centurion residents calling themselves We Care is unhappy about an elevated section of the route that they say will affect their surroundings visually. Originally a tunnelled section was proposed through Centurion, but the presence of dolomite deterred the planners from going underground. For the moment they have been supplied with more information and more time to consider other options.
In all, 1 056 properties along the route will either be fully or partially affected by the construction of the train. More than half of these – 579 properties – are in Joburg, says Barbara Jensen, spokesperson for the Gautrain.
Almost 400 properties are residential, of which 120 will require full expropriation. The remaining 280 properties will require partial expropriation (a small portion of the property), or have a servitude registered over them (a tunnel excavated beneath them). In addition, 656 business properties are due to be expropriated and relocated.
The high-speed train starts at Park Station in the Joburg CBD and runs underground through Rosebank and Sandton, surfacing at Marlboro, from where a line goes east to the airport. Another line goes north to Midrand, Centurion, Pretoria and, finally, Hatfield.
AECI owns 4 200ha of land in Modderfontein, and the route will cut eastwards and northwards through its property. It will run for about nine kilometres over AECI land and "will impact substantially on the urban design planned for the area", according to the company.
Its plans for the area include commercial, lifestyle, residential and entertainment estates, developing "new towns in town". Some of these developments are complete, others are in progress.
"The company has made four comprehensive and extensive formal submissions on Gautrain to the relevant authorities, one in December 2002 and three during 2005, all in response to deadlines set by the province. These submissions set out clearly the company's concerns regarding the proposed alignment and planning of the project," says the company statement.
AECI is concerned that the Gautrain plans do not "take adequate account of interconnectivity between the proposed railway, already agreed major roads, and large property developments already in hand at Modderfontein". Another concern is that the area needed will be wider than previously indicated, and wider than AECI considers it should be.
So far "no considered response" to the company's submissions has been received from the province. "The high court application is intended to ensure that a fair and proper process which recognises AECI's position and concerns is undertaken prior to any expropriation by the province."
The group says it regrets having to go the court route. "It is unfortunate that the company has had to resort to legal action against the province of Gauteng. However, it believes that it had no alternative in seeking to procure an outcome which ultimately will be in the best interest of all parties."
Rosebank station site
Meanwhile, the site of the Rosebank station will be cleared within a few weeks.
Construction of the Gautrain is likely to begin in May, and sections of Rivonia and Oxford roads are likely to be closed for three years.
Modutec Office Furniture at 130 Oxford Road is busy packing up shop and will vacate the building by the end of April. Modutec staff has been told that it is to be the site of the underground station. During construction three or four blocks of Oxford Road, possibly between Baker and Tyrwhitt avenues, will be closed.
Modutec owner Stuart Grant, sounding unhappy, says he built his showroom and moved to the site about five years ago. He bemoans the fact that so little information has been forthcoming. He declined to comment further, saying he is now awaiting an expropriation price on his property.
Kingsmead College, several blocks north of Modutec, on the corner of Baker Street and Oxford Road, will also be affected. Principal Pat Brink says the school has set up a committee to study the implications of the Gautrain, particularly with regard to access to the school, noise, dust and security. The school is 72 years old, with one building dating to 1894, and it is concerned about cracks developing as a result of the nearby underground construction of the station.
Some digging recently took place in Baker Street, says Brink, and a cable was hit, causing a power outage at the school for the day. "We have had R50 000 worth of damage already caused to our computer system."
Mutual Square is directly opposite Modutec, where all shops, except for Weleda Pharmacy and a new tenant, News Café, are vacant.
Weleda manager Selma Reznik is unhappy about the lack of information available. She says Weleda has been renting in Mutual Square for the past 40 years and its present lease expires in the middle of next year.
"We feel we're between a rock and a very hard place," she says, adding that she feels that construction of the Gautrain will have a negative effect on business. Weleda is looking at other premises in Rosebank.
Stef Boscia, the leasing manager of Old Mutual Properties, says "re-development of the building is a possibility", including possible demolition of the building, which has been largely empty for more than a year.
The owner of a curtain fabric store in The Mews, between Mutual Square and The Zone, who wishes to remain anonymous, is pessimistic about the changes. "Rosebank is going to die," she says, adding that she's been at her present location for 20 years.
Next door, in The Zone, is one of the only two open shops facing Oxford Road – St Elmo's. Manager Richard Hartwell says that everyone is pretty nervous and that people are projecting a 15 percent loss of business during construction. St Elmo's is also considering moving, but hopes to remain in Rosebank.
Several shops further along is Simply the Best Dry Cleaners. Manager Mighty Mowale says he is unaware of the Gautrain and any possible road closures.
Also unaware of the Gautrain and its effect on business is a group of taxi drivers at the Sandton taxi rank, on the corner of West and Rivonia roads. The rank is to be relocated when construction of the Sandton Gautrain station starts. Its new location is earmarked for the parking space outside the Sandton Library. Two blocks on Rivonia Road are to be closed, with a detour into Katherine Street.
It is thought that traffic in Rosebank will be diverted into Baker Street and around Sturdee Avenue, up into Jellicoe Avenue and back to Oxford Road. This is certain to cause problems – Oxford Road consists of three lanes of traffic whereas Sturdee Avenue consists of one lane going either way. Oxford Road will be closed between Baker Street and Tyrwhitt Avenue during construction.
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