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PART I of the agenda of the 6th Council Meeting of the

CITY OF TSHWANE METROPOLITAN MUNICIPALITY

(FOURTH TERM OF THE CITY OF TSHWANE)

to be held on THURSDAY, 27 JULY 2017

REPORT OF THE MAYORAL COMMITTEE

05/2017 report 17 MAY 2017

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COUNCIL AGENDA: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 27 JULY 2017

Order of business of the Council Meeting convened in terms of Section 2 (read with Section 8) of the Rules and Orders:

INDEX

Pages

A. OPENING: PRAYER OR MEDITATION

B. APPLICATIONS FOR LEAVE OF ABSENCE

C. OFFICIAL NOTICES

D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER PROPOSALS ALLOWED BY THE SPEAKER

E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS COUNCIL MEETINGS:

• Special Council: 25 April 2017 (In Committee minutes) • Special Council: 25 May 2017 (Approval of the IDP and MTREF 2017/18): • Ordinary Council: 25 May 2017 • Special Council: 29 June 2017

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F. REPORTS TO THE COUNCIL

The Chairperson (Executive Mayor) of the Mayoral Committee or member called upon by the Executive Mayor to do so, submit to Council the reports of the Mayoral Committee, as contained in the respective Parts.

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COUNCIL AGENDA: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 27 JULY 2017

F. REPORTS TO THE COUNCIL

PART I: FROM THE MAYORAL COMMITTEE MEETING: 17 MAY 2017

INDEX PAGES

(The recommendation appears on the page indicated in brackets)

1. Health Department Request for the approval of subdivision, consolidation and rezoning of various pieces of land used for the upgrading and construction of Primary Health Care Centres (Clinics) and Multipurpose Social Development Centres (From the Executive Committee: 3 April 2017 and the Mayoral Committee: 17 May 2017) …………………………..…………………. 6-12 (12)

2. Roads and Transport Department Proposed registration of right-of-way servitudes in favour of the general public over Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52 (both Municipal properties) (From the Executive Committee: 3 May 2017 and the Mayoral Committee: 17 May 2017) …………………………………..…………. 13-26 (21)

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COUNCIL AGENDA: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 27 JULY 2017

Reference No 52242/1 Seoketsa Kekana (4586) COUNCIL: 27 July 2017

1. HEALTH DEPARTMENT REQUEST FOR THE APPROVAL OF SUBDIVISION, CONSOLIDATION AND REZONING OF VARIOUS PIECES OF LAND USED FOR THE UPGRADING AND CONSTRUCTION OF PRIMARY HEALTH CARE CENTRES (CLINICS) AND MULTIPURPOSE SOCIAL DEVELOPMENT CENTRES (From the Executive Committee: 3 April 2017 and the Mayoral Committee: 17 May 2017)

1. PURPOSE

The purpose of the report is to request approval for subdivision, consolidation and rezoning of various pieces of land used for the upgrading and construction of Primary Health Care Centres (clinics) and Multipurpose Social Development Centres.

2. STRATEGIC OBJECTIVES

2.1 Promote shared economic growth and job creation

2.2 Ensure sustainable, safer cities and integrated social development

3. BACKGROUND

The Health Department has prioritised a number of infrastructure development projects including the ones listed in the table below. Planning for these projects has been finalized, contractors have since been appointed and sites handed over for construction in some areas.

List of Projects

Project Name Project status 1. Social Development Centre: Hammanskraal Construction in progress (Stinkwater) 2. Social Development Centre: Winterveldt Construction in progress 3. Social Development Centre: Mabopane Construction in progress 4. Upgrade and construction of Zithobeni Primary Construction in progress Health Care (PHC) Clinic 5. Upgrade of Clinic Dispensaries: Phahameng Procurement process in (Mamaelodi East) progress 6. Multi-purpose Development Centre near Phomolong Procurement process in (Atterigeville) progress

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For those projects that contractors have been appointed and sites handed over to them construction has since commenced and significant progress has since been achieved. Procurement process for the construction of a Multipurpose Social Development Centre near Phomolong and Upgrading of Clinic Dispensary (Phahameng) is in progress. 4. DISCUSSION

While planning for these projects was finalised, issues relating to land use for the identified construction sites remained outstanding and therefore part of the on-going work of the professional team. The professional teams have engaged the services of Town Planners to assist with land use issues like subdivision, rezoning and consolidation amongst others for the different sites.

Below follows a list of pieces of land and their respective projects for which permission is being sought from Council for subdivision, rezoning and consolidation:

Project Name Erf number Land Use Needs 1. Social Development Centre: Erf 2652 Stinkwater x01 Sub-division and Hammanskraal (Stinkwater) rezoning 2. Social Development Centre: Erf 626 Winterveldt Sub-division and Winterveldt Agricultural Holdings rezoning 3. Social Development Centre: Erf 10409 Mabopane-R Sub-division and Mabopane rezoning 4. Upgrade and construction of Erf 622 & 624 Malabe Consolidation Zithobeni PHC Clinic Street 5. Upgrade of Clinic Dispensaries Erf 19619, Mamelodi Sub-division and Phahameng, (Mamelodi East) East rezoning 6. Multi-purpose Development Erf 9848, Atteridgeville X Sub-division and Centre near Phomolong 7 rezoning (Atterigeville)

5. COMMENTS OF THE STAKEHOLDER DEPARTMENTS

5.1 COMMENTS OF THE CHIEF FINANCIAL OFFICER

Cognisance is taken of the contents of the report.

The comments of the Group Legal Counsel should indicated whether the proposed subdivision, consolidation and rezoning are being dealt with in accordance with the applicable legislative framework.

It should be noted that for accounting and administrative purposes all the documentation relevant to the proposed subdivision, consolidation and rezoning should be submitted to the Asset Management Unit for processing the necessary entries in the Asset Register.

It is indicated in the report that there are time based costs for town planning services which have been provided as part of the professional fees in the relevant budget allocation, as indicated in paragraph 6.2 of the report.

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The following amounts are available (on 27 October 2016) in the 2016/17 Medium- Term Revenue and Expenditure Framework, for the fund transfer to be effected:

IDP Project Name Funding 2016/17 Project Name Source (R) 712948 Social Development center in Hammanskraal Social Infra 7 000 000 712954 Social Development center in Winterveldt Social Infra 2 400 727 712955 Social Development center in Mabopane Social Infra 2 977 431 712683 Upgrade and Construction of Zithobeni PHC Borrowings 0 712278 Upgrading Of Clinic Dispensaries Borrowings 14 500 000 712681 Multipurpose Development Centres: Phomolong Borrowings 5 021 638 Clinic

All expenditure to be incurred must be managed within the limitations of the department's approved 2016/17 Medium-Term Revenue and Expenditure Framework

5.2 COMMENTS OF THE GROUP HEAD: GROUP HUMAN CAPITAL MANAGEMENT

To request Council to approve subdivision, consolidation and rezoning of various pieces of land used for the upgrading and construction of Primary Health Care Centres (clinics) and Multipurpose Social Development Centres.

Cognisance is taken of the report.

5.3 COMMENTS OF THE GROUP HEAD: GROUP LEGAL AND SECRETARIAT SERVICES

The purpose of the report is for request Council for the approval of subdivision, consolidation and rezoning of various pieces of land used for the upgrading and construction of Primary Health Care Centres and Multipurpose Social Development Centres.

It transpires from the report that the request for subdivision and/or consolidation is in terms of section 92 of the Town Planning and Townships Ordinance, 15 of 1986, and the rezoning request in terms of the City of Tshwane's Land Use Management By- Law, 2016.

The purpose of the report complies with the CoT’s Constitutional developmental duties as envisaged in section 153 of the Constitution of South Africa subject with compliance to the applicable legislation with regard to subdivision, consolidation and rezoning of the affected sites as noted in the report.

Subject to the above, the recommendations are supported.

5.4 COMMENTS OF THE GROUP HEAD: ENVIRONMENTAL AND AGRICULTURAL MANAGEMENT

The Environmental Management Services Department has no objections to the application from environmental management and open space management perspective. 9

Notwithstanding the above, all other relevant National, Provincial and CoT legislative and policy requirements pertaining to the proposed development must be met including where necessary the undertaking of Environmental Impact Assessment and acquisition of Environmental Authorisation in terms of the National Environmental Management Act (NEMA) from the Gauteng Department of Agriculture and Rural Development. Further comments will be provided on receipt of Site and Landscape Development Plans where they are applicable.

5.5 COMMENTS OF THE GROUP HEAD: GROUP PROPERTY

The comments of the Department are as follows:

Project Name Erf number Land Use Comments from Department: Group Needs Property Management 1. Social Erf 2652 Sub-division • Recommendation is supported. Development Stinkwater and rezoning • There are existing illegal structures on Centre, x01 the property. Hammanskraal • Upon the approval of the subdivision, a Conveyancer should be appointed to apply for the registration of a Certificate of Registered Title for the subdivided portion, as this would ensure that the property is recorded with the correct classification in the Financial Asset and Property Register 2. Social Erf 626 Sub-division • This property is not owned by the Development Winterveldt and rezoning CoT. Centre, Agricultural • It is registered in the name of the Winterveldt Holdings Government of the Union of South Africa, and is held under title T5746/1941BP • It is recommended that the Department liaises with Legal Services to assist with the acquisition of a portion of the property or in the alternative enter into a land availability agreement. • This property, registered in the name of National Government, should first be vested to the Provincial Government of the NW before it can be transferred to the CoT. 3. Social Erf 10409 Sub-division • Recommendation is supported. Development Mabopane- and rezoning • Upon the approval of the subdivision, Centre, R a Conveyancer should be appointed to Mabopane apply for the registration of a Certificate of Registered Title for the subdivided portion, as this would ensure that the property is recorded with the correct classification in the Financial Asset and Property Register 10

4. Upgrade and Erf 622 & Consolidation • Recommendation is supported. construction of 624 Malabe • Upon the approval of the Zithobeni PHC Street consolidation, a Conveyancer should be Clinic appointed to apply for the registration of a Certificate of Registered Title for the consolidated erf, as this would ensure that the property is recorded with the correct classification in the Financial Asset and Property Register 5. Upgrade of Erf 19619, Sub-division • Recommendation is supported. Clinic Mamelodi and rezoning • Existing informal structures are Dispensaries, East illegally erected on the boundary of the Phahameng, property. Mamelodi • Upon the approval of the subdivision, a Conveyancer should be appointed to apply for the registration of a Certificate of Registered Title for the subdivided portion, as this would ensure that the property is recorded with the correct classification in the Financial Asset and Property Register 6. Multi- Erf 9848, Sub-division • Recommendation is supported. purpose Atteridgeville and rezoning • There are existing illegal structures on Development X 7 the property. Centre near • Upon the approval of the subdivision, Phomolong a Conveyancer should be appointed to apply for the registration of a Certificate of Registered Title for the subdivided portion, as this would ensure that the property is recorded with the correct classification in the Financial Asset and Property Register

5.6 COMMENTS OF THE GROUP HEAD: ECONOMIC DEVELOPMENT AND SPATIAL PLANNING

All the land use applications must comply with the requirements of the prevailing legislation.

7. IMPLICATIONS

7.1 HUMAN RESOURCES

The Departmental project management team is responsible for the execution of the projects and would accordingly coordinate efforts relating to the proposed sub- division, consolidation and/or rezoning in collaboration with other relevant stakeholders.

7.2 FINANCES

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There are time-based costs for town planning services which have been provided as part of the professional fees in the relevant budget allocations. This will differ from project to project based on town planning services required.

Budget allocations for the 2016/17 financial year is as reflected below:

Project Name Project Number/WBS 2016/17 Budget 1. Social Development Centre: 9.712948.1.017 R7.000.000 Hammanskraal (Stinkwater) 2. Social Development Centre: 9.712954.1.017 R7,000,000 Winterveldt 3. Social Development Centre: 9.712955.1.017 R7,000,000 Mabopane 4. Upgrade and construction of 9.712683.1.015 Requested Zithobeni PHC Clinic transfer of funds 5. Upgrade of Clinic Dispensaries: 9.712278.1.015 R14,500,000 Phahameng, (Mamelodi East) 6. Multi-purpose Development 9.712681.1.015 R7,700,000 Centre near Phomolong (Atterigeville)

7.3 CONSTITUTIONAL AND LEGAL FACTORS

The request for consolidation and/or subdivision is in terms of section 92 of the town- planning and townships ordinance, 1986 (ordinance 15 of 1986). In addition, the request for rezoning is in terms of the City of Tshwane Land Use Management By- law, 2016, as approved by Council, in line with section 13(a) of the Local Government Municipal Systems Act, 2000 (Act 32 of 2000).

7.4 COMMUNICATION

All communication will be handled in terms of applicable and relevant policies as will be advised by relevant internal stakeholders. Any representation and/or objections that may arise from this process will accordingly be duly considered and processed for approval.

7.5 PREVIOUS COUNCIL OR MAYORAL COMMITTEE RESOLUTIONS

Budgets for all the projects as reflected in this report were previously approved by both the Mayoral Committee and Council for implementation.

8. CONCLUSION

The handling and finalization of all town planning services as reflected in this report will put all projects in a positive position for the ultimate completion and issuing of certificates of occupation resulting in improved services delivery to communities. A process is underway to acquire a property (Erf 626 Winterveldt) from the National Government (Department of Rural Development and Land Reform) in line with the recommendation from Group Property Management. Rezoning thereof will follow successful acquisition of property.

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The Mayoral Committee on 17 May 2017 resolved to recommend to Council as set out below:

RECOMMENDED:

1. That Council approves the subdivision, consolidation and rezoning of properties as listed below for the upgrading and construction of Primary Health Care Centres (clinics) and Multipurpose Social Development Centres:

• Erf 2652 Stinkwater Extension 1 • Erf 10409 Mabopane-R • Erf 622 and 624 Malabe Street • Erf 19619, Mamelodi East • Erf 9848, Atteridgeville Extension 7 • Erf 626, Winterveldt Agricultural Holding

2. That the Health Department be authorised to finalise all town planning application and related studies to ensure that the land use is consistent with the intended purpose;

3. That the City Manager be authorised to issue and sign a power of attorney(s) to bring into effect the above recommendation; and

4. That in the event of an acquisition by purchase or land swap a report be submitted for approval to the Mayoral Committee.

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Reference No 33006/2 Pheko Letlonkane (1068) COUNCIL: 27 July 2017

2. ROADS AND TRANSPORT DEPARTMENT PROPOSED REGISTRATION OF RIGHT-OF-WAY SERVITUDES IN FAVOUR OF THE GENERAL PUBLIC OVER ERF 754, WINGATE PARK EXTENSION 1 AND ERF 6037, MORELETA PARK EXTENSION 52 (BOTH MUNICIPAL PROPERTIES) (From the Executive Committee: 3 May 2017 and the Mayoral Committee: 17 May 2017)

1. PURPOSE

The purpose of the report is to obtain approval for the acquiring and registration of right-of-way servitudes for the general public over Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52, which are both Municipal owned properties (“park” erven).

2. STRATEGIC OBJECTIVES

Strategic Objective 1: Provide Sustainable Service Infrastructure and Human Settlement Management.

3. BACKGROUND

The City of Tshwane (CoT) is the registered owner of both “park” erven, Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52. Refer to the locality plan of the area attached as Annexure A.

The owner of Erf 740 and Erven 746 to 753, Wingate Park Extension 1, which is Messrs Thumos Properties 4 (Pty) Ltd is planning to develop a Virgin Active Gymnasium on some of these properties as phase 1 of the development. The Roads and Transport Department was approached by the owner with regard to acceptable access to the proposed development from the existing road network. According to the Roads Network Plan of the area, the existing full access at Benkamma Place and De Villebois Maréuil Drive is to be changed to a restricted left-in-left-out access only, because of the substandard distance of approximately 90 metres between this intersection and the Delmas Road and De Villebois Maréuil Drive intersection. The Roads Network Plan of the area also shows that the only acceptable access point on De Villebois Maréuil Drive to provide a full intersection access point to serve this area, is at the existing T-intersection of De Villebois Maréuil Drive and Benfleur Street.

In terms of the above-mentioned Roads Network Plan of the area, the owner of Erf 740 and Erven 746 to 753, Wingate Park Extension 1 must register the necessary right-of-way servitudes over Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52, in favour of the general public, in order to provide the required road reserve for the provision of a new link road. This planned road will be a public road, linking Benfleur Street with the existing T-intersection at Benkamma Place and De Villebois Maréuil Drive, as indicated on the layout plan attached as Annexure B. The construction of the new link road is the responsibility of the owner of this development, as this road will inter alia provide access to his development. 14

The aim of this report is therefore to request Council approval for the acquiring and registration of right-of-way servitudes in favour of the general public over Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52, which are Municipal properties, by the owner of Erf 740 and Erven 746 to 753, Wingate Park Extension 1 (Messrs Thumos Properties 4 (Pty) Ltd), in order to enable him to construct a new link road between the intersections of Benfleur Street and De Villebois Maréuil Drive, as well as Benkamma Place and De Villebois Maréuil Drive.

4. DISCUSSION

4.1 MOTIVATION FOR THE ALIGNMENT OF THE PROPOSED LINK ROAD

The proposed access layout and the alignment of the planned link road between the intersections of Benfleur Street and De Villebois Maréuil Drive, as well as Benkamma Place and De Villebois Maréuil Drive, were discussed with Mrs Sonja Hekman and Mrs Christine Myburg from the Regional Service Delivery Department: Social Development, Sport and Recreation Services at a meeting held on 9 March 2016. At this meeting it was explained that the owner of Erf 740 and Erven 746 to 753, Wingate Park Extension 1, is planning to develop a Virgin Active Gymnasium on some of these properties as phase 1 of the development and wants to integrate the existing “park” erf into a fitness park with a jogging trail and playground equipment which will be complimentary to the functions of the planned gymnasium.

The development of the existing “park” erf into a fitness park with jogging trail and playground equipment will be fully accessible by the general public. Parking for the general public will be provided on the site of the Virgin Active Gymnasium and access will be provided via the proposed right-of-way servitudes, in favour of the general public over Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52. The owner (and developer) of Erf 740 and Erven 746 to 753, Wingate Park Extension 1, propose to maintain and to develop the park erf in exchange for obtaining the required right-of-way servitudes over the existing “park” erven.

The layout of the proposed right-of-way servitudes for the general public over Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52, is shown on the sketch plan attached as Annexure C. This plan shows a required servitude area of 6 409 m² over Erf 754, Wingate Park Extension 1 and a required servitude area of 50 m² over Erf 6037, Moreleta Park Extension 52. The servitude areas were valuated at R2 419 000-00 in total (refer to the valuation letter dated 5 May 2016 from the Property Valuation Section attached as Annexure D).

4.2 COST IMPLICATIONS

The cost for the registration of the right-of-way servitude over the Municipal properties at the Registrar of Deeds office, as well as the cost for the construction of the link road will be for the account of the owner of Erf 740 and Erven 746 to 753, Wingate Park Extension 1. The owner also expressed his willingness to undertake the responsibility for the long term maintenance and security of the existing park.

Any consequential loss claims, due to the construction of the proposed link road, will also be for the account of the owner.

There will be no cost implications for the CoT.

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5. COMMENTS OF THE STAKEHOLDER DEPARTMENTS

5.1 COMMENTS OF THE CHIEF FINANCIAL OFFICER

The Group Financial Services Department has no objection to the proposed registration of right-of-way servitudes.

For accounting and administrative purposes it is noted that all the documentation relevant to the transaction will be submitted to the Asset Management Unit for processing the necessary entries in the Asset Register.

It should be noted that all the transactions related to the above request must be fully disclosed in the corporate financial statements for the purpose of transparency and to comply with the requirements of GRAP. The Strategic Executive Director: Group Property Management will therefore also have to submit full particulars to the Executive Director: Financial Reporting and Assets to capture the Public Contributions as well as the Gain/Loss on disposal of Property, Plant and Equipment.

It must be noted that all aspects of the new Municipal Asset Transfer Regulations pertaining to this transaction of municipal assets must be adhered to.

The compensation amounts for the above mentioned servitudes are as follows; Description Size (m²) Compensation 757 Wingate Park Ext 1 6 409 m² R2 400 000, 6 037 m² Moreleta park 50 R19 000. In the determination of the above compensation, it is assumed that the servitudes are for road purposes and are owned by the City of Tshwane.

5.2 COMMENTS OF THE GROUP HEAD: GROUP LEGAL AND SECRETARIAT SERVICES

REGISTRATION OF SERVITUDE OVER MUNICIPAL PROPERTY (LAND)

PURPOSE

The purpose of this report is to obtain approval for the acquiring and registration of right-of-way servitude for the general public over Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52, which are both Municipal owned properties (“park” erven).

LEGISLATION:

Section 63(1) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939), reads as follows:

The Council shall have the control and management of all:

(a) roads, streets, thoroughfares, bridges, overhead bridges, subways, including floor pavements, footpaths, side walks and lanes.

(b) squares and other open spaces, gardens, parks and other enclosed spaces;

(c) … 16

(d) …

Which have been or shall at any time set apart and appropriated by proper authority for the use and benefit of the public, or to which the inhabitants of the municipality shall at any time have acquire a common right …

Definitions

Public street means any street, road or thoroughfare shown on the general plan of a township, agricultural holding or other division of land or in respect of which the public has acquired a prescriptive or other right of way registered and/or zoned as a street in favour of the public.

“public place” means any open and/or enclosed place, park, street, road, bridges, public transport areas or thoroughfare or other similar area of land shown on a general plan or diagram which is for the use and benefit of the general public and is owned by or vests with the Municipal Council to which the public has a common right of access, and includes a public open space and a servitude for any similar purposes in favour of the general public as contemplated in the Act and section 63 of the Local Government Ordinance, 1939 (Ord. 17 of 1939); -

“Servitude”: refers to the right of which one person has over the immovable property of another.

A Public Servitude is a right in favour of the general public. This is not servitude where an item of immovable property (a piece of land within the main property) is burdened in favor of another property.

Discussion of the applicable legislation:

In terms of Section 14(2) of the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003) approval from Council must be obtained to alienate Municipal land, which includes granting a praedial right (such as a servitude) to the property.

Furthermore, Section 14(1) reads as follows:

"(1) A municipality may not transfer ownership as a result of sale or other transaction or otherwise permanently dispose of a capital asset needed to provide the minimum level of basic municipal services.”

The Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003) Section 14(2) and the Alienation Policy does not apply on this proposed public right of way servitude on the basis that no land or rights are alienation or transferred. The Parks are public open space; and the right of way servitude will be in favour of the general public also.

The granting of servitude over land of which the Municipality is the owner, will be in terms of the Local Government Ordinance, 1939 (Ordinance 17 of 1939) section 79 (18)(a)(ii), which reads as follows:

The municipality may … 17

79 (18)(a) Notwithstanding the provisions of the Township Act , 1907 (Act 33 of 1907, Transvaal), but subject to the succeeding paragraphs and provisions of any other law –

….(ii) grant a servitude on town lands or any other land of which the Council is the owner …

Alternative method –ROAD PROCLAMATION

Roads Ordinance, 1976, NO. 19 of 1976, as amended, includes the following definitions :

“public road” means a public road proclaimed as such in terms of section 3; Roads Ordinance No. 19 of 1976

“road” includes all works or things of whatsoever nature forming part of, connected with or belonging to a road, the roadway, motor by-passes, sidewalks, traffic circles, traffic islands, kerbing, embankments, cuttings, subways, culverts, sluits, drains, dams, fences, parapets, guards, bridges, ferries, causeways, fords, approaches, direction signposts, distance indicators, signposts, directions, warnings and any portion or diversion of a road;

In terms of this Act, a new public road, may be proclaimed, in terms of section 3, which reads as follows:

3. Power of Administrator to declare, close or divert public roads and public paths.

(1) The Administrator may, subject to the provisions of subsection (3), and either—

(a) of his own accord; (b)…

(c) on the application of—

(ii) any other municipal council (other than a village council) in the case of a proposed or existing main road in the inner municipal area of such other municipal council, [Para. (c) substituted by Proc. 87 of 1978.] by proclamation in the Provincial Gazette declare that—

(i) there shall be a public road or public path along a line where no public road or public path exists;

(ii)...

(3) No proclamation contemplated by subsection (1) or (2) shall be issued unless—

(a) the Administrator or the council concerned, as the case may be, has advertised, …or, in the case of such council, its intention to apply to the Administrator for the issue of such proclamation and has, in the case contemplated by subsection (1)

(i), specified the proposed classification of the proposed public road in the advertisement hereinbefore contemplated; (b) copies of the advertisement contemplated by paragraph (a) have been served— 18

(i) on the owners of all land abutting on the proposed or existing public road or public path or over which the proposed or existing public road or public path will pass or passes;

(ii) in the case of the closing or diversion of a public road or public path which would injuriously affect the continued existence of such public road or public path in the area of jurisdiction of any other road authority, on such other road authority, and

(iii) in the case of a proclamation contemplated by subsection (1) (a), on council or road authority concerned, as the case may be, not later than twenty-one days before the date by which objections are required to be lodged in accordance with the said advertisement together with, in the case of a proclamation contemplated by paragraph (i) or, in the case of a diversion, paragraph (iii) of subsection (1), a sketch map showing the approximate location and route of the proposed public road or public path or of the public road or public path or portion thereof which is proposed to be diverted, as the case may be; [Sub-para. (iii) amended by s. 1 (a) of Ord. 18 of 1977.]

(3A) All expenditure incurred by a road authority in consequence of or in connection with an application for the proclamation of a minor road, including the expenditure incurred in publishing the advertisement contemplated by subsection (3) (a) and (b) (i), may be recovered by such road authority, in such proportions as such road authority may determine, from the owners of properties who, in the opinion of such road authority, will benefit by the construction of such minor road. [Sub-s. (3A) inserted by s. 1 of Ord. 11 of 1978.]

The proclamation of a public road, is an established, practical method of formalising a public road, and a preferred method, where municipal land is developed for public road purposes.

RECOMMENDATIONS OF THE REPORT

The recommendations of the draft report were scrutinised for legislative compliance and legal accuracy to reach the purpose of this proposed project. The recommendation of the report, as amended, are now legally in order.

CONCLUSION

The report is supported.

5.3 COMMENTS OF THE GROUP HEAD: ENVIRONMENTAL AND AGRICULTURAL MANAGEMENT 19

The Environmental Management Services Department has no objections to the application from environmental management and open space management perspective. Notwithstanding the above, all other relevant National, Provincial and CoT legislative and policy requirements pertaining to the proposed development must be met including where necessary the undertaking of Environmental Impact Assessment and acquisition of Environmental Authorisation in terms of the National Environmental Management Act (NEMA) from the Gauteng Department of Agriculture and Rural Development.

5.4 COMMENTS OF THE GROUP HEAD: ECONOMIC DEVELOPMENT AND SPATIAL PLANNING

5.4.1 SPATIAL PLANNING

In terms of the Tshwane Town-Planning Scheme, 2008 (revised 2014), the mentioned erven are zoned Public Open Space, and are registered as parks.

In principle this Department has no objection to the proposed registration of the right- of-way servitude over Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52, in favour of the general public, subject to the following conditions:

The parts of the park erven to be utilized for the right-of-way servitude, shall be permanently closed as parks by the applicant. All costs will be for the applicants account.

The remaining areas of these parks must be available and accessible by the general public at all times.

5.5 COMMENTS OF THE WARD 47

The following comments on the report were given by Cllr Rita Aucamp (Ward 47) in her e-mail dated 13 November 2016:

"Please note that I have no objection to the said application and support the report."

6. IMPLICATIONS

6.1 HUMAN RESOURCES

None.

6.2 FINANCES

The owner of Erf 740 and Erven 746 to 753, Wingate Park Extension 1, which is Messrs Thumos Properties 4 (Pty) Ltd, will be responsible for all the related cost for the registration of the right-of-way servitudes at the Registrar of Deeds office.

Any consequential loss claims, due to the construction of the proposed link road, will also be for the account of the owner.

6.3 CONSTITUTIONAL AND LEGAL FACTORS

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The granting of servitudes over land of which the Council is the owner, will be in terms of the Local Government Ordinance, 1939 (Ordinance 17 of 1939).

6.4 COMMUNICATION

The Council is the registered owner of Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52, over which the right-of-way servitudes are to be registered.

The proposed access layout and the alignment of the planned link road between the intersections of Benfleur Street and De Villebois Maréuil Drive, as well as Benkamma Place and De Villebois Maréuil Drive, were discussed with Mrs Sonja Hekman and Mrs Christine Myburg from the Regional Service Delivery Department: Social Development, Sport and Recreation Services at a meeting held on 9 March 2016. At this meeting, the mentioned officials supported the alignment of the proposed new link road, as well as the proposal from the owner that he will be responsible for the long term maintenance and security of the existing park.

6.5 PREVIOUS COUNCIL OR MAYORAL COMMITTEE RESOLUTIONS

None.

7. CONCLUSION

The City of Tshwane (CoT) is the registered owner of both “park” erven, Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52. The owner of Erf 740 and Erven 746 to 753, Wingate Park Extension 1, which is Messrs Thumos Properties 4 (Pty) Ltd is planning to develop a Virgin Active Gymnasium on some of these properties as phase 1 of the development. In order to provide acceptable access to his development, right-of-way servitudes in favour of the general public will have to be registered over the above-mentioned “park” erven.

The cost for the registration of the right-of-way servitude over the Municipal properties at the Registrar of Deeds office, as well as the cost for the construction of the link road will be for the account of the owner. The owner also expressed his willingness to undertake the responsibility for the long term maintenance and security of the existing park. Any consequential loss claims, due to the construction of the proposed link road, will also be for the account of the owner.

The owner must construct the link road at his cost, as this road will inter alia provide access to his development.

The Mayoral Committee on 17 May 2017 resolved to recommend to Council as set out below:

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ANNEXURES:

A. Locality plan B. Plan indicating the alignment of the proposed link road C. Servitude diagram for required right-of-way servitudes over Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52 D. Valuation letter of the right-of-way servitudes over Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52, compiled by the Property Valuation Section

RECOMMENDED:

1. That Council consent to the granting of the right-of-way servitude over Erf 754, Wingate Park Extension 1 and Erf 6037, Moreleta Park Extension 52, in favour of the general public in terms of the Local Government Ordinance 1939 (Ordinance 17 of 1939) section 79(18)(a)(ii) at no cost for the City of Tshwane. The right-of-way servitudes measures a total area of 6 409 m² over Erf 754, Wingate Park Extension 1 and a total area of 50 m² over Erf 6037, Moreleta Park Extension 52. The servitude diagram is attached to the report, marked Annexure C;

2. That Council authorises the Group Head: Roads and Transport, in collaboration with the Group Head: Group Legal and Secretariat Services, to enter into a Service Agreement with the land owner and developer of Erf 740 and Erven 746 to 753, Wingate Park Extension 1, which is Messrs Thumos Properties 4 (Pty) Ltd, for the construction of the proposed public link road on this proposed servitude area, at the cost of the said land owner;

3. That the cost of the registry in the Land Surveyors Office and Deeds Office of the public servitude as set out above, as well as the cost of the construction of the public link road, will be for the account of the owner of Erf 740 and Erven 746 to 753, Wingate Park Extension 1, which is Messrs Thumos Properties 4 (Pty) Ltd. This also includes any possible consequential damage claims due to the construction of the proposed link road;

4. That Council authorises the permanent park closure in terms of Section 67 of the Local Government Ordinance, 1939 (Ordinance 17 of 1939) of the parts of the park erven to be utilized for the right-of-way servitude, a total area of 6 409 m² over Erf 754, Wingate Park Extension 1 and a total area of 50 m² over Erf 6037, Moreleta Park Extension 52, according to the servitude diagram attached to the report, marked Annexure C;

5. That the owner of Erf 740 and Erven 746 to 753, Wingate Park Extension 1, be authorised to comply on behalf of the Municipality for a Environmental Impact Assessment and acquisition of Environmental Authorisation in terms of the National Environmental Management Act (NEMA) from the Gauteng Department of Agriculture and Rural Development;

6. That the granting of the right-of-way servitudes be registered by way of a Notarial Deed, including the conditions set out in this report and also including conditions normally applicable to municipal servitudes;

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7. That notice of the granting of the right-of-way servitudes be given in terms of Section 79(18)(b) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should no objections and/or representations be received, the process must be proceeded with. That should there be any objections to or representatives in respect of the granting of the right-of-way servitudes, the granting of servitudes together with such objections and/or representations, be submitted to the Council for consideration and a final resolution; 8. That the servitudes as described in paragraph 1 above be carried out:

a) The Surveyor General and the Registrar of Deeds, in accordance with Section 67(9)(a) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939), be informed in writing of the servitudes, as described in paragraph 1 above; and

b) The alteration of the general plans of the affected townships be authorised by virtue of the delegation of such power to Council in accordance with Section 30(2) of the Survey Act, 1927 (Act 9 of 1927).

9. That the owner (and developer) of Erf 740 and Erven 746 to 753, Wingate Park Extension 1, maintains and develops the park erf in exchange for obtaining the required right-of-way servitudes over the existing “park” erven.

ANNEXURE A 23 R R/52

7112 7113 7114 7115 7116 7117 7128 7129 7130

7178 7178 7111 7118 7127 7168 7163 7126 R 7125 767 7110 7119 7120 7124 R/WNPX03 769 7167 7164 768 7109 7123 7152 7166 7165 7121 7122 7153 ST ANDREWS DRIVE

7162 7161 7160 7159 7158 7157 7156 7155 7154

691 690 R 692 723 BE NFLEU 725 R ST REET 6263 693 722 726 724 727 705 694 706 764 T 707 731 N 708 709 728 E 710 C S 704 695 729 E R C 6265 703 730 M W715 I7N65 GATE PARK X 1 696 A 713 755 ERF 6037 LG 716 714 A 702 429 M MORELETA PARK X 52 D 697 A 717 1510 E 701 ARÉUIL DRIVE L DE VILLEBOIS M M 718 E A 700 V 1513 S 698 I 719 R R D O IL 753 6264 699 U 750 A 720 É 752 D R 749 1514 A 1/721 M IS O 746 1515 R/721 B 748 E 6037 L 745 ERF7 5 1754 1517 IL 766 V WINGATE PARK 1516 E 747 X 1 D 744 1518 732 740 MORELETAPARK X 52 AD O 743 1519 R B G E 1/1520 N 733 N 5913 RI K 1520 IE A 742 P M 1531 R/1520 M 741 734 A P L A 1532 735 C E 754 736 763

R/738 T 737 N 1599 E 2/738 C D S 1589 E 1/738 E L R M C A S 739 N R O A 1592 A 5914 E D B 6038 R/25 (R Y 1590 5 0 K ) C U 1593 L

1597 5987 5984 5983 1591 ELARDUS PAR159K4 X 3 5986 5982 5978 5985 5979 1596 5981 5980 1598 5915 5916 6003 5917 5918 1595 5919 HOE 5920 WE R OAD 5921 R/74 806 509 807 808 967 5922 832 833 952 R/RVRX57 966 820 953 831 809

T 965 1/74 E 819 810 954 291 830 E 964

R 968

T 818 811 955 1/77

829 S

963 LOCALITY PLAN T 78 ERF 754 828 E 817 812 956

1/75 L 962 WINGATE PARK X 1 L I AND ERF 6037 V 816 813 827 957 R/1 961 66 826 815 814 60 MORELETA PARK X 52 24 703 714 6263 765 713 755 25 702 716 715 S K E T C H P L A N 717 PORTION 429 GARSTFONTEIN 374-JR 718 ÉUIL DRIVE 9.97 701 DE VILLEBOIS MAR Q RIVE PROPOSED SERVITUDE OVER ERF 754(Park) LEBOIS MARÉUIL D B h DE VIL MORELETAPARK 2 2 35.00 .5 WINGATE PARK EXTENSION 1 A 0 4 X 48 . 1 766 0 719 749 0 4 k AND 753 2

. 750 P 10.06 5 9 6264 PROPOSED SERVITUDE OVER ERF 6037(Park) 42 40. © N 6037 MORELETAPARK EXTENSION 52 720 752 a 748 754 746 94 84. SCALE: 1:1 750 751 0 .1 R 9 Consolidated Erf 766 vide 5 (A3 Landscape) 745 S.G. Diagram No. 6545/2008 3 .2 6037 4 744 M 1 b 747 c NOTES 732 B E 740 4 8 Water Pipe N 743 2 8 . . 763 K 0 2 6 A 6 Sewer Pipe M M 1. The figure ABCDEFGHJKLMNP = Erf 754 = 4,0702 ha A 754 L 2. The figure BQRST = Erf 6037 = 8786m² 733 P L 5913 A 3. The figure ABabcdefgKLMNP = proposed servitude over C 742 d S E Erf 754 = ±6409m²

0 4

0 2 . 741 . 4. The figure Bhk = proposed servitude over Erf 6037 = ±50m² 9 2

3 3 C 5. This plan was prepared from the 2013 S o . n T aerial photography. No survey was done G s e . o 734 2 D li 6. All dimensions are subject to final survey i d K 6 a 2 a . g t 9 5 7. Also see proposed partial closure of Erf 754 vide sketch plan r e 736 . 2 a d 9 735 m 0 E No. S115/01 and S050/13 and proposed partial closure of N rf .85 o 7 19 . 6 f Erf 6037 vide sketch plan No. S051/13 6 3 737 3 5 g 6 4 v 2

2 id R/738 . /2 e 0 0 9 0 5 8 5914 3

. 5

3

2/738 LL OO CC AA LL II TT YY PP LL AA NN 11 :: 11 00 00 00 00

2 2

5 3 2 8 9 1 / 723 R/WNPX03 H 4 6287 3324 3325 1503 693 705 E

2 764 BEN 429 2 1505 A 722 726 FLEUR S MORELETAPARK 5 B TR EE S D 1 T 3288 / M 706 3323 1 E 727 W ING AT E / 724 707 K R 694 A 6266 N 1504 709 E 6286 X 36 3326 E 1506 L 728 708 710 PA RK X 3 3287 D 695 G 731 T H L O A 729 704 6263 E 6285 3337 6 V 3 1523 R 1507 M 713 I D 3286 715 R 3 5 M 1509 730 703 D 3 1/738 S 696 755 L R 3 C I U 6284 3 T R T 716 É I A R N 702 714 AR V 3285 3 1 1524 765 E 717 M E 5 E 1508 1510 E IS 4 4 C BO 6283 8 6 E S LE S 697 701 VIL 6264 2 3 J 1525 T 718 DE 3 8 700 6265 2 1511 1513 698 6282 1 3 1/6267 R 1545 8 1526 719 G 2 750 752 753 6 0 8 699 8 R /6267 6 O 720 MORELETAPARK 2 2 1512 1514 749 6 6 1544 1527 21 A /7 X 48 6298 1 21 746 748 155 9 1515 7 D 1543 1517 R/ WINGATE 751

0 1528 745 766 O

6 6277

5 6037 T R PARK X 1 R 1 1542 747 6288 T 1529 1516 1518 732 B 744 5 H T N 1 E 743 6289 O N 0 6 N 740

1592 5 1519 E C 1530 D E 1 1540 1541 1520 A 733 K C L O A 742 S

A

2 R M E

6 G

C S M 1531 R/1520 IN 734 741 R 5 R A E 739 1 E C S 1539 PI P S 1532 ELARDUS L PL A TI N U M S T R E E T 1535 735 A N T C 5913 H E A E 6038 R 1533 PARK X 3 E 736 R 6038 E B 1577 1538 /7 E 1534 1599 737 3 R 8 Y T 2 K /7 C C 1536 38 1589 U 1593 1537 1 /73 8 L 5950

1 739 N 5 1578 7 5951

9

2

763 5 9 A 1588 1592 5

1590 3

T 5973 5 9

E 1587 N R/25 597 4 5 G CE 6 CE 4 6 S LA 5972

UAR P 5

6 Q 1586 S 1 0 6 754 9 6 0

0 1 5 E 1 B Y 0

R 0 1

0 2 1593 0 0 0 0 B 5971 9

C 5914 6 5970 5955 8 59 5975 7 IS 1597 4 7 REET A T 8 3 6 T 5968 F 598 7 5 S 6006 S 5969 Y E 1596 9 8 9 5 6013 5 9 2 7 0 7 R 6014 M 5 8 59 60 5988 6036 6035 TI P U P L A C E 5967 5 9 E TU L P P LA C E 5 986 C A 7 K 1594 E 5 8 6015 8 C G A R 5966 9 L 5 L 6004 5989 ACE 6034 MORELETAP PAR9 K I PEPO PL 5965

5 R 79 E 81 60 17 E D W 1 C L 9 0 6033 6016 1598 5 E 5 0 596 4 5963 R 0 0 S 1591 1 5980 6 0 5990 6032 6 X 52 U 9 6018 6 6019 C T 9 3 9 6 E 2 6030 5962 5 1 0 9 9 5 6031 TA R O P L A C E U D 7 E R 0 0 5 9 TA N S Y P LA C E E E 9 6 E 9 5 1 T 0 C 9 6020 L 8 A 5 5 N E 9 6 L U MI T S A P L A C E 6029 L M 5 1 P 8 5960 1/57 A 7

9 9 6 T R A 9 AV 9 602 2 5961 RIETVALLEIRAND S L 5 9 E 5994 0 6021 5 1 F C 2

T 0 9 A 6028 R 9 6 RIETVALLEIRAND 2 L 7 O 5 5 P 1 3 0 6023

S S 5 A 9 99 2 6

U D 2 5 2 X 57 833 X 53 5 H 9 0 6024 9

R/74 2 R 9 5 5 T 9 5 2 3 806 OA K LE Y S T R E E T 5 2 5 9 9 3 6 6 R HO 291 2 5991 5 9 3 EET E 5 4 5 EM STR 8 W 9 9 3 JOCH O 807 967 E VI L L E T S T R E E T 808 6 RO 1595 509 5 2 3 4 9

K 952 A 9 71 1/74 R/RVRX57 966 1 /77 D 5 5925 5926 5930 5931 5932 3 R/389 1594 5987 PORTION 25/R E WATERKLOOF 345-JR 5984

ELARDUS 5986 5983 Attention: B. Molleman PARK X 3 5978 Your Ref: D MORELETAPARK 5982 X 52 5985 5979 Our Ref: CPD WNPX01/761/754 C L 5981 UC IS Bredenkamp Tel: 012 358-7870 KY 1595 B 5980 5916 EA N Date: April 2016 CR 5917 ES 6003 CE Sheet No: 1 5915 NT PORTION 509 5918 Job No: 5919 5920 SS119933//1166 GARSTFONTEIN 374-JR AB GG EE OO MM AATT II CC SS 26