The Nelson Mandela Bay Municipality wants to expropriate land without compensation so residents of 300 RDP houses in Bethelsdorp can finally receive title deeds.
The houses were built in 2007 on land later found to include privately owned portions.
The municipality says it has been unable to trace the registered owner, identified in a municipal report as Dr Ravindran, who is believed to have emigrated.
Political head for Human Settlements Thembinkosi Mafana said expropriation was being considered as a last resort.
“We have done everything possible to locate the owner, without success,” Mafana said.
He said the municipality had even been prepared to compensate the owner, but could not find him.
Township registration stalled
A report recommending expropriation was expected to be tabled before council by Mayor Babalwa Lobishe later this week.
According to the report, township establishment and the transfer of title deeds cannot proceed because parts of the affected land are privately owned.
The municipality owns a 20% share of the affected properties, while the untraceable owner holds the remaining 80%.
Brown Braude Attorneys was appointed to help acquire the privately owned portions, but the firm could not locate the registered owner.
The report says the former Town Planning and Land Use Committee approved rezoning, subdivision and the layout plan for the RDP development on 5 June 2000.
However, during the township registration process at the Deeds Office, officials discovered that portions of the land needed for the development were privately owned.
Expropriation proposed without compensation
The report says expropriation proceedings without compensation are needed under Section 25 of the Constitution to secure the land for township establishment and title transfer.
Mafana said the municipality had to provide housing and services to residents, despite the unresolved ownership issue.
But opposition parties have criticised the proposal.
Patriotic Alliance mayoral candidate Bradley Murray described the report as a “cover-up”.
He said the city first needed to establish how many houses were built on private land and what the financial implications were.
DA wants legal opinion first
DA councillor Mxolisi Breakfast said his party would not support the item in its current form.
He said council should first receive the full report from the attorneys and a comprehensive legal opinion.
Breakfast said it was not clear whether every avenue had been exhausted to locate the owner.
He warned that if the process was not handled correctly, the municipality could face future litigation.
While the DA supports faster title deed transfers, Breakfast said it could not back the proposal as it stands.