By: Sello Theletsane
The Covid-19 pandemic has wreaked havoc in the country, with many people having lost their jobs due to the poor economic climate that came with it.
Many people have found themselves at the receiving end of people’s goodwill just to survive. A Tshwane resident has been assisting low-income families in the township of Soshaguve with food and clothes for months, but his caring heart could lend him in jail, a fine or both.
Joe Nkuna, from Theresapark in Akasia, north of the city, has had social media divided with regards to the city’s by-laws and also the spirit of Ubuntu. Nkuna posted pictures of his vegetable garden, which he started on the pavement in front of his yard.
It was accompanied by a story where the Tshwane Metro Police Department commander in Pretoria North gave him until Tuesday to remove his garden or face arrest.
Nkuna said he was informed that the city’s by-laws only permitted the planting of grass and flowers outside but not vegetables.
“I was instructed to apply at the city council for the permission to plant vegetables outside or replace my veggies with grass/roses or nothing. I complied, and I was there trying to file a cabbage planting application at the Tshwane Council office in Wonderpark. The council’s land use and by-laws section have never heard of such a by-law or permit. It does not exist,” Nkuna said.
He said he left the council empty-handed and passed by the TMPD offices to inform the commander of what had transpired and to inform them there was no cabbage permit.
“Upon arrival, I was rudely ushered straight to the office of the TMPD boss. The angry Metro Police Office Commander (Mr Ndlovu) insisted that cabbage is not allowed outside, by-law or no by-law. He just does not like it, period. When I asked him to give me a written notice of my contravention, his oil and that of his subordinate boiled up. I’m told that if I don’t remove my cabbage by Tuesday, my arrest and jailing is 100% guaranteed,” Nkuna said.
He added that he was a law-abiding citizen and if there is a written law that says that, he would remove his garden.
TMPD spokesperson Senior Superintendent Isaac Mahamba said the issue was “that he planted veggies on the sidewalk and pedestrians can’t walk past there, and road traffic act 96 of 1996 doesn’t allow obstruction on the sidewalk and punishable with a fine of R150 to R1500 depending on the discretion on the member.”
Many people on Twitter asked which law was that and why was it okay for grass to be planted and not the veggies. Others posted pictures of articles showing people who had done the same thing in other parts of the country but were allowed to continue.
Nkuna, who has been running the street garden since 2019, said the idea of planting flowers did cross his mind, but it was going to be expensive and would not benefit the needy as his veggies do.
Since 2019, the street garden has produced 65 heads of pumpkins, sweet potatoes, beetroot and onions.
