Council short-circuits Eskom

Johannesburg - Almost a month ago Eskom received a letter from the Delmas municipality in which it was ordered to cease all construction work at its Kusile power station.

But Eskom shrugs off the letter.

In the missive the municipality says Eskom is contravening the National Building Regulations Act. This is in respect of the construction of illegal buildings on portion 58 of farm Klipfontein 566 JR without approved building plans, states the letter.

Sake24 has established that portion 58 is still zoned as agricultural land. The whole portion must be rezoned as industrial land before development can take place.

Eskom spokesperson Fani Zulu confirmed that the rezoning of all the land on which Kusile is being built has not been finalised.

He did, however, say Eskom was not transgressing any municipal regulations or any other laws because no construction is currently under way on portion 58.

Permits and impact studies have been obtained for the area, but Sake24 understands that before construction can begin the original building plan has to be amended because of a wetland within the area.

To provide for the changes Eskom was obliged to buy additional land, namely portion 58.

The new power station will now be constructed partly on this portion, which is still zoned by the municipality as agricultural land.

Conrad Wiehahn, a town and regional planner at Plan Practice, says before any work may start on a building site all the rights first have to be awarded. These include environmental impact studies and an approved permit, known as the Record of Decision or ROD. The building plan also has to be authorised.

"Strictly speaking, it's an offence to begin development before all these rights and permits are obtained."

Wiehahn warns that an ROD can be withdrawn if the regulations it contains are not complied with.

One of these regulations actually stipulates that the project must comply with all the municipal regulations in the area where the development takes place.

The Department of Environmental Affairs, which awarded Eskom the ROD, says it is not aware of the zoning problem.

Departmental spokesperson Albi Modise however reckons that an ROD will not summarily be withdrawn.

"Such a withdrawal is generally considered only in cases where violation of the ROD regulations holds serious detrimental consequences for the environment."

Modise says the department will however investigate the matter. According to Zulu soil is currently all that is being stacked on portion 58.

"This transgresses no municipal regulations," he pointed out. Wiehahn believes rezoning could take four to six months.

"Should everything go well and pressure be exerted, it could be done in two-and-a-half months."

Zulu comments that Eskom is not worried about the letter. "We are continually talking to the municipality and are positive that uncertainties will be resolved."

- Sake24