THE BISHOPSCOURT VILLAGE B V RESIDENTS’ ASSOCIATION

MINUTES OF THE ANNUAL GENERAL MEETING OF THE BVRA HELD ON TUESDAY 20th SEPTEMBER 2016 AT 19h30 AT ST. BERNARD'S CHURCH HALL, NEWLANDS.

1. WELCOME Brian Aslett, chairman of the BVRA, opened the meeting at 19h33 and welcomed the 30 BVRA members present, and four invited guests: Cllr Liz Brunette, Jannie van der Mescht from ADT, David Baker from Bishopscourt Residents’ Association and Moir Scholtz, Chairman of Fernwood Residents’ Association. Brian introduced each of the BVRA committee members and briefly outlined each member’s role. Committee members Linda Curling, Luke Brodziak and Sue Brownlee were all away on holiday.

2. APOLOGIES Apologies from 42 BVRA members were recorded on the attendance register.

3. CONFIRMATION OF QUORUM and ACCEPTANCE OF THE MINUTES OF THE BVRA AGM OF 2014 The meeting was declared to be quorate.

The minutes of the BVRA AGM of 15/9/2015 were published on the Bishopscourt Village (BV) website and a printout was available at the meeting. The minutes were adopted with no corrections.

4. ADDRESS BY CLLR LIZ BRUNETTE Cllr Brunette thanked voters for supporting the DA in the recent local elections - the DA achieved 92% of the vote in Ward 62.

She once again highlighted the aggravations caused by traffic congestion on the M3 and she expects to get a report back by the end of 2016 about plans to address the congestion between Westlake and Hospital Bend. Other problem areas being investigated are the intersection of Union and Rhodes Avenues combined with the rat run through Fernwood, and to a lesser extent through Bishopscourt Village.

The resealing of the M3 went well and the new road surface is much quieter than before.

The cycle paths through the Constantia greenbelts are proving very popular and there is now a cycle path on public open space between Monterey Drive and Bebington Avenue.

The Upper Liesbeek River Garden (ULRG) has been allocated 3 EPWP (Extended Public Works Programme) workers next month and the ULRG has been allocated R20 000 from the Ward 62 budget for 2016-17. This news was well received by BVRA members present. Cllr Brunette gave an in-depth report back on the Protea Village land restoration Issue. The document ProteaVillage.Communication_05.07.16.pdf is attached to these minutes. In summary, 86 of the original 142 claimants opted for restitution of the land and have been give Erfs 212 and 242. After due process they elected to partner with Bethel Property as their preferred Development Managers. The intention of the business plan is to design and implement a development that funds and provides 86 houses to the claimants; generates revenue for the claimants; creates annuity income that will partially and sustainably subsidise the cost of the future home owners’ association levy and maintenance for the 86 claimant home owners; and one that enables the claimants to leave a positive legacy for their descendants and beneficiaries.

Rezoning should take six to nine months and the preliminary geotechnical report with construction costs should be available shortly.

5. BVRA COMMITTEE REPORTS 5.1 CHAIRMAN'S REPORT Bishopscourt Village has continued to be a popular place to reside in the southern suburbs. Despite a great deal of building and renovations taking place, crime has been kept under control; the bicycle patrol and installation of license plate recognition (LPR) cameras have helped in this regard. Despite a dry winter, the Upper Liesbeek River Garden is thriving. The garden is a great asset to the suburb and the chairman thanked residents who have donated recently to enable Joan to maintain it.

5.2 TREASURER'S REPORT The BVRA's finances are in good shape, thanks to Sue Brownlee’s ongoing bookkeeping and collection of money for subscriptions and Upper Liesbeek River Garden (ULRG) donations. The finances of the ULRG are kept separate from the general accounting.

The finances of the bicycle patrol and general admin were shared with the meeting, as follows:

Income from subscriptions and interest was R364k. The major expense was R296k for the ADT bicycle patrol. BVRA pays monthly performance bonuses to the bicycle patrol officers plus an additional Christmas bonus. Admin expenses cover bank charges, computer software and hardware costs, and internet fees. Professional fees include a limited audit of our books, tax advice and, for this year, R6k for legal fees; this was for an objection against plans for a development in the suburb. The net result was a surplus of R20 588 for the year.

The Upper Liesbeek River Garden: this year ULRG received income of R294k in donations, including approximately R100k from the lottery (NLC) fund, R30k from Nussbaum Foundation as well as R131k from BV & Fernwood residents. ULRG also earned interest of R17k on reserve funds held for future use. The expenditure for Wages was R124k, which decreased from last year because ULRG no longer employ a horticulturalist. R44k was spent on plants & materials. This gives a surplus of R125k as at the end of June 2016 for future expenditure; some of the lottery money needs to be spent in the new financial year.

In total, BVRA had R974k in the bank at our financial year end, of which R149k is subscriptions received before June for 2016/7 and R105k is due to be paid for the LPR cameras. 5.3 SECURITY REPORT Our team of patrol officers, Xabendlini, Madlebe and Mjuza, remained stable through the year. The bicycle patrol (BP) process consists of 24 patrols per day; each patrol has to record 11 baton point tags. This year’s average monthly patrol efficiency rate stands at over 97% - in all weather conditions and temperatures. This year we started an ADT BP WhatsApp group, supplying each officer with a smart phone and a monthly contribution to air time. This allows for a much faster response time in case of any incident reported. The BVRA Bicycle Patrol Scheme is judged by ADT as the best in terms of performance. We achieve this by: on a daily basis monitoring the report for the previous 24 hours, which records each officers performance; paying each officer a monthly bonus, dependant on how good the patrol team’s patrol statistics have been; payment of a bonus to an officer if he assists in the prevention of a crime and/or the apprehension or arrest of a criminal; organising a band of volunteers who make sure that the officer on duty has a fresh flask of hot coffee/tea and something to eat each night; at Christmas, each officer receives an extra bonus; should the officers have a problem they are able to discuss it with the committee member responsible for security who, if relevant, will attempt to resolve it with ADT. In short, we care about our ADT BP officers, this together with the incentives we offer, greatly contributes, we believe to better patrolling and a safer village.

The summary of the Crime statistics for 2015-2016 were: Arrests 4; Robbery 1; Housebreaking and theft 5; Housebreaking 1; Common theft 1; Attempted theft of motor vehicle 1; Theft out of motor vehicle 1. A comparison of the proactive patrolling figures for 2014-2015 (221) and 2015-2016 (194) shown a similar result with reports of open gates and garages being the majority of issues.

The BVRA would like to thank the following persons: all of those residents who provide refreshments to our night patrol officers, as well as Glynis Williams who manages the team; our ADT contacts Iain Williamson and Jannie van der Mescht, for their assistance during the year; and finally Inspector Sean Wentink and the SAPS Sector 3 patrol van staff from SAPS Claremont.

5.4 RIVER GARDEN REPORT It is now nearly 13 years since the start of the ULRG. Joan showed a selection of photos taken in 2004 compared with what can be seen now in 2016.

During the past year, the River Team experienced a few ‘lows’ but many ‘highs’. Firstly the lows – we said goodbye to Miranda, our horticulturist who had been with us for nearly 5 years. We also said farewell to the last of our CPUT students; they had been with us for 6 months. The river was incredibly low during the long hot summer which prevented us using the river for watering and as a result quite a few plants died. The stress caused by the drought conditions took its toll on 6 of our Ilex Mitis (Cape Holly) trees which succumbed to honey fungus and they all died and had to be removed. There were two serious sewerage spills from the Fernwood side. The inevitable flower thieves were active and stole our proteas and arums. For the first time we had the muti strippers and they stripped the bark off two boekenhout trees – one has died and been removed and the second one is dying and will have to be removed. We painted the bark of the third one which saved it. The metal thieves are now targeting us and more than 200 of our metal stakes which hold the retaining logs in place have been stolen. We are investigating a plastic rod as a replacement but in the meantime we are using wooden stakes. Other lows have been graffiti painted on our signboards, the slashing of some flower heads and the wanton removal of our donation slips from their boxes and they get thrown into the plant beds. Now for the highs – we had an unexpected windfall when we received a grant from the National Lotteries Commission (NLC), having applied a couple of years previously and heard nothing. We also received R30 000 from the Nussbaum Foundation. Matthews is still with us, now for nearly 13 years, and he is taking on more responsibility as Garden Manager. In September 2015 we employed Lala as a temporary gardener and he is still with us but he is trying to get accepted on the Chrysalis Academy Programme. We are assisting him with this and hopefully he will get accepted next year. Four EPWP workers were assigned to us for 3 months at the beginning of this year which was a great help with mulching the banks and re-chipping the paths – both labour-intensive jobs. We installed two new benches in the garden. “Pollington the Pollywog”, carved out of a large piece of Table Mountain sandstone was donated by resident Sven Welzel. New steps on the Fernwood side across from the stepping stones were financed with a donation from Fernwood resident, Naseem Ameer-Mia. We had good rains in April which were very welcome. We were able to get the last of the black alders removed below the boardwalk and now the 15+ trees we have planted are doing well; more will be planted. We are seeing much more bird life and the swee waxbills on the Setaria megaphylla are a constant source of enjoyment. The Nursery has been further improved and we are able to propagate most of the plants we require for the ULRG and hopefully we will have more to sell.

Although not part of the river garden, mention must be made of the efforts of Kevin Kelly in planting and maintaining the verge and grounds of the electricity substation at the bottom of Robinson Avenue. Thank you also to Sue Brownlee for sponsoring her gardener to do periodic tidy-ups at the M3 traffic light garden. In concluding, Joan Parker thanked the wonderful residents for continuing to support the ULRG with their donations.

5.5 LEGAL and LAND USE REPORT The BVRA Committee seeks to monitor development within the Village to ensure that planning by-laws are complied with.

The BVRA is formally registered with the City Council as a “Representative Organisation”. Going forward, the BVRA should be automatically notified in writing of any listed planning applications that fall within the geographical boundaries of the BVRA.

During the year under review the Committee considered a limited number of property renovations in the area, not all of which required departure consent.

The Committee objected to a particular application for a second dwelling on a property on grounds that the proposed additional driveway posed a potential hazard to road users. The Committee made certain submissions to Council. These submissions were supplemented by the input of a town planner that the BVRA engaged for specialist advice. The developers subsequently amended the plans to cater for these objections. The new plans did not require any formal departures from the Planning Regulations.

The BVRA also noted a proposed sale of a small portion of Council land to the owner of the adjacent property. Certain improvements had already been made to the land in question by the proposed owner and the BVRA did not see fit to object.

As a general note on building renovations, it is encouraging that residents are investing in improvements and renovations to their properties. The inevitable noise, dust and road congestion impacts adversely on affected neighbours. We urge residents to notify their neighbours, in advance, of any planned renovations and the expected duration. In addition, a provision should be included in the building contract that obliges the builder to strictly abide by the environmental, building and traffic regulations. Financial penalties can be imposed for any breaches thereof by the builder.

6. UPDATE ON LPR CAMERAS The BVRA Committee has been cooperating with Bishopscourt Residents’ Association (BCRA). There are now eight cameras in the combined area. BVRA is paying for the capital outlay, and operating costs of 1½ cameras are paid by residents; the cost per resident is R20pm. Chairman Brian Aslett asked David Baker from BCRA to give an update on the final installation. David reported that there was a problem beaming data from the cameras to Rycroft Gate at Kirstenbosch where the main server resides. There had also been delays with the supply of electricity to the cameras. He reported that the whole system should be up and running in the next 4-6 weeks.

7. PROPOSAL TO FORMALISE THE NAME “BISHOPSCOURT VILLAGE” The Chairman requested input from the floor on the proposal. The consensus was for the BVRA Committee to proceed with meeting the Western Cape Provincial Geographical Names Committee in November and then report back to the residents regarding the way forward. To date, there has been an overwhelmingly positive response: support from 61 residents, one objection and one “partial objection”.

8. ELECTION OF NEW BVRA COMMITTEE Residents had been invited to nominate members or volunteer to be on the BVRA committee. One resident had volunteered via email to become involved - Rosie Biden will take over the legal portfolio as Luke Brodziak would like to step down. Brian invited nominations or further volunteers from the floor but there were none. Derek would like to stand down form the Security Portfolio and he said the position was suitable for a semi- retired person. Jens von Bulow expressed interest and Derek agreed to chat to him later. Sue Brownlee would also like to resign from the committee, so a bookkeeper is needed. All other current committee members were willing to serve for another year. The roles of office bearers are decided at the first meeting after the AGM, scheduled to take place at the end of September. There were no objections to the appointments.

9. GENERAL Glynis Williams reported a rogue cat terrorising her animals and asked whether anyone knew who the owner might be. She was requested to photograph the cat and send it to the committee who would send it out to all residents. Cllr Brunette had three pamphlets for distribution – one on the Protea Village land claim, one on ‘Supporting Shelters, Not Begging’, and one with DA Ward 62 officials and City of Cape Town (CCT) contact details.

With no other matters for discussion, Brian thanked Derek McMahon for providing refreshments and arranging use of the hall. Residents were thanked for attending and invited to stay and enjoy the refreshments.

The meeting closed at 20:40

SIGNED BY: ……………………………… …………………………….. CHAIRMAN SECRETARY Appendix – Update on Protea Village ProteaVillage.Communication_05.07.16.docx ProteaVillage.Communication_05.07.16.docx

T h e P r o p e r t i e s P o s t F o r c e d R e m o v a l s :

Erf 212 vested in the City of Cape Town in terms of the provisions of Section 24(1) of Ordinance No. 33 of 1934 on 07 October 1974 and was designated as a public space for the Bishopscourt township. Erf 242 vested in the State on 05 August 1968. Erf 242 has a mixed zoning of Group Housing and Agriculture.

T h e L a n d C l a i m :

TPherPoroteea VaillagVe Ciolmlamugnitey loPdgerdothjeeClacimt(CClaiom Rmefemrencue Nnumibcera: KtRiK6o/2n/3/A/1/0/9574/73 (P745)) on 04 February 1995. The Commission verified the Land Claim and all 132 Claimants. The Land Claim was gazetted on 16 DFeabtreu:ary 2001 (No0t5icJeul3y7240o1f62001 GG Number 22047). A further corrective notice was published as Notice 2219 Pofro2v0i0d1e.d46too:f theM13r.2NCilailml Barnotws onp|teCdhfaoirrmfinaanncoiafltrheestBitiusthionp,swcohuicrht wRasteppaaidyetorsthAesmsodcuiartiniognthe course of 2002. 86 Claimants opted for the restitution of land. The City of Cape Town and State agreed to release the properties to the CPA for no conMsird.eMraotiiornS.cAhnoaltgzre|eCmheanirtminatnhios fretghaerdFewransweonotedreRdaitnetpoaiyneSrespAtesmsobceiar t2i0o0n6. Ms. Elizabeth Brunette | Councillor of Ward 62, City of Cape Town An area of approximately 28.4 hectares of land was claimed in terms of the Claim relating to the properties that Twheisrceomlomstunbicyatihone iPs rporotveidaeVditlolatghee Choamirpmerusonnitoyf wthheeBnishfooprscceoudrtreRamteopvaayelsrstAososokcipatlaiocne, .thNeoCthailrlpeorfsotnheofdthisepFoesrnewdoloadnRdatceapnayberes AressotcoiarteiodntaondththeeCWlarimd 6a2nCtosu(nacsilltohr ifrodr-inpfaorrtmyatpiorno puerrptoiesesshaandvetoneonwablbeetheenmdteovhealvoepsoemdeohnistpoarirctaondf tchurerelnatnpdropjeoctstintfohremfaotirocnetdo rbemabolevtaolsc)o.mTmheunaicraetea ttohtahteicracnonbsteiturenstso. rTehdis idsocaupmpernotxiismnoattealfyor1m2a.l3p5rohjeeccttsaurbemsi.ssion nor is it part of any formal public participation process. The aim of the document is to provide some general information in response to concerns by ratepayers who wish to know what is ThahpepenHinigs at toPrriocteLa eVigllaagle.A c t i o n A g a i n s t t h e C l a i m :

During 2007 Mr. William Booth, the Trustees for the time being of the Tatenda Trust and Electroprops 4 PA roBprriieetf aHryi sLtimo rityedo fint thheeiPr cr ao pt aecaitiVesi l al asgthe eCroegmismteruendi ot yw:ners of erven adjacent to Erf 212, lodged an application at the Land Claims Court of South Africa to seek to review the decisions of the Minister of Land Affairs and the RTheegioPnroalteLaanVdillCalgaeimSsetCtolemmmeinstsiownaesrersetgaabrldisihnegdthoenatphperofvaarml ofPrtohteealanind 1c8la3im4, baryotuhnedCtlhaeimtaimntes itnhartessplaevcetroyf wthaes pabrooplieshrteieds..A community was established on the farm. When Bishop Gray, the first Anglican Archbishop of Cape Town, bought the farm Protea, he changed the name to Bishopscourt, although the Protea Village Settlement Trehteailneeadrnitesdnacmtien.gBJisuhdogpe GMraiay mpraedsiedainpgaortviecur ltahreefafoforrtetsoacidonavpeprltictahtoiosen lhivoinwgeivnetrhheePldrootena1V5illJaugneeSe2t0t1le1mtehnat atnhde MthienriesftoereanedstathbelisChoemd maissmioanllecrhhaapdelnocatlelerdretdheinGaopopdroSvhinegpthheerdc.laTihmeoffirtshtechCularicmhasnetrsvaicnedwthitaht theirPrdoetceiasioVnillwagaes cCormremctuinnitoyrdwearsinhgetldheinparopperortxiiemsatoteblye1r8e6st4o.rTehdetoprtehseenCtlaCimhuarncths binutiledrimngs wofatshbeuAilctti.n 1886 by the residents of the Protea Village Settlement, using stones from the nearby Liesbeek River, with extensions added in 1904 and 1990. R e s t o r a t i o n & t h e B u s i n e s s P l a n : Protea Village grew into a vibrant community, especially during the establishment of Kirstenbosch Botanical Gardens in 1913, where many of the men worked as gardeners and provided their skills and labour. The women The 86 Claimants who opted for the restitution of land wish to return to homes on the properties and to create a worked mainly as domestic workers and flower sellers in the surrounding areas. The community flourished, having desirable place for families to make Protea Village their home. The intention is to create an inclusive development; its own character and community spirit with strong family, community and spiritual values. Everyone knew each and one that considers the value of the properties in the surrounding area, as this will enable not only the other. The community lived peaceably on the property among the trees, river and the beauty of the mountain. Claimants’ homes to be restored, but will also enable the restoration of the Claimants’ wealth. Protea Village had its own church, school, playing fields, spring to supply the drinking water and a shop run by the Hussein family. The community worshipped at the Good Shepherd. In July 2015, the Claimants and the Commission publically advertised and called for proposals for the development of the properties awarded to the Community. After due process, the Claimants elected to partner with Bethel Protea Village was declared a “White Group Area” in terms of Proclamation 190 of 1957 and Proclamation 34 of Property and appointed them as their preferred Development Managers. The commercial terms were negotiated 1961. The forced removals of the Protea Village Claimants from the Property took place over a decade from and agreed and the Community formally appointed Bethel Property as the development managers and joint- approximately 1959 to approximately 1970. The majority of Protea Village Claimants were forcibly removed to the development partners for the project on 18 June 2016. Cape Flats, in particular to Grassy Park. No compensation was paid to the Protea Village Claimants at the time of the forced removals. 132 families were forcibly removed over a decade. The school was closed, the church closed The intention of the business plan is to design, plan and implement a development that funds and provides 86 for regular worship and all of the houses, except for the 3 stone cottages on Farm 875, were destroyed and houses to the Claimants; generates revenue for the Claimants; creates annuity income that will partially and bulldozed flat. The Apartheid state tried to destroy the Community. Many elderly community members died as a sustainably subsidise the cost of the future home owners’ association levy and maintenance for the 86 Claimant result of the stress and pain caused by the forced removals. The painful memories remain in the Community. home owners; and one that enables the Claimants to leave a positive legacy for their descendants and beneficiaries. Furthermore, the development should, as far as possible, respond appropriately to the The Protea Village Community were able to return to the Church on a monthly basis. The sense of community environmental, economic and social context of the property; generate the best financial returns for the remained. On Advent Sunday, 1978, the church reopened for regular Sunday worship; and there was great participants; and due consideration should be given to, as far as reasonably possible (but without compromising rejoicing. People from the surrounding (now very affluent) areas and those who had been dispossessed and the primary intent of funding and providing 86 houses to the Claimants), preserving and enhancing the scattered, started worshipping together: building a new congregation which through the years has grown together environmental assets on the properties. in love, understanding and acceptance.

Page 1 of 4 Page 2 of 4 ProteaVillage.Communication_05.07.16.docx

T h e L a n d U s e R i g h t s P r o c e s s e s :

The National Environmental Management Act (No. 107 of 1998, as amended) (NEMA) sets out the principles which govern environmental management. This includes, but is not limited to, the protection of sensitive natural and social environments, promotion of a clean and healthy environment, general duty and care, sustainable development and public participation. The NEMA defines the “environment” as: “the surroundings within which humans exist and that are made up of - (i) the land, water and atmosphere of the earth: (ii) micro-organisms, plant and animal life: (iii) any part or combination of (i) and (ii) and the interrelationshipsamong and between them: and (iv) the physical, chemical, aesthetic and cultural properties and conditions of the foregoing that influence human health and well-being.” It is therefore important to holistically consider the impacts associated with the proposal and to involve all stakeholders in the process.

The proposed development may trigger certain listed activities promulgated under the NEMA, which would require Environmental Authorisation from the relevant authorities, namely the Department of Environmental Affairs and Development Planning (DEA&DP). The process required for obtaining the aforementioned Environmental Authorisation would be a Basic Assessment. The need for a Basic Assessment will be confirmed based on the development proposal and the outcome of various specialist baseline assessments and reports. This process would incorporate an assessment of the potential environmental impacts of the proposed development, including the necessary heritage assessment and comment from the heritage authorities in terms of the National Heritage Resources Act (No. 25 of 1999). These findings would be presented in a Basic Assessment Report (BAR), which would be made available to the public for comment. The final decision by the DEA&DP would also be made available to registered Interested and Affected Parties (I&APs). Public engagement would take place throughout the process, starting early on in order to uncover key issues from Interested and Affected Parties (I&APs) and to ensure plenty of opportunity for parties to register as I&APs.

The Basic Assessment process requires public engagement. Given the nature of the proposal and anticipated public interest that it would generate, the Basic Assessment process is anticipated to go beyond the minimum legal requirements for public engagement. Prior to the circulation of the BAR, the proposal would be advertised, notification letters would be sent to I&APs and Focus Group Meetings with key parties and an Open House event would be held. Following publication of the BAR for comment additional Focus Group Meetings with key parties and an Open House will be held. Notification letters will also be distributed to registered I&APs upon receipt of the Environmental Authorisation from the DEA&DP. Comments and registrations will be received throughout the process and all comments received prior to the publication of the BAR will be directly responded to in the BAR itself.

It is anticipated that a process and application in terms of the National Water Act (No. 36 of 1998) may also be required, however this would be combined with the Basic Assessment process.

In parallel with the environmental process, there will be a town planning process which will include rezoning and subdivision in order to obtain the necessary development rights in terms of the Municipal Planning By-law. This will include statutory applications submitted to the Municipality, advertisement for public comment, review by Municipal Departments and conditions of approval. This process is expected to take between 6 and 9 months. During this process, residents and ratepayers will be consulted.

T h e P r o j e c t P r o g r a m m e :

We expect that the business plan will be developed for internal approval over the next 3 to 6 months. We expect that the land use rights process will commence shortly thereafter. We thus expect that the first formal public engagement will commence in either Q4 2016 or Q1 2017.

Page 3 of 4

ProteaVillage.Communication_05.07.16.docx

C l o s i n g & T h a n k Y o u :

The Claimants were forcibly removed from the properties approximately 50 years ago. Despite many challenges and hurdles, they have spent 21 years striving for restitution and the restoration of their lost land and wealth. A number of the originally displaced people have passed away and a number of them are old. Whilst we can assure of a professionally run land use rights process and that the intended development will be informed by the environmental, economic and social context of the property, it is our primary intention to create and implement a project that facilitates and enables the restoration of the Claimants’ homes and wealth on a sustainable basis. This is a philosophical, social, economic, political and moral imperative for our context and our City.

Thank you for making the time to informally engage with us on Thursday 23 June 2016. We sincerely hope for continued future engagement on a professional and constructive basis and that we are able to work together, as we navigate the many complexities of this project, to ensure that the land claim is successfully implemented, so that we bring restoration to the Protea Village Claimants.

We trust that this brief project communication proves to be helpful to you. Please do not hesitate to contact us should you require any further clarification:

· Pastor Cedric van Dieman | c: 079 757 8593 | e: [email protected] · Richard Glass | c: 083 940 7812 | e: [email protected]

- end -

Page 4 of 4