Subcouncil resolution details

Subcouncil 10

Agenda item no

10SUB 12/3/2020

Subject

GRANTING OF IN-PRINCIPLE APPROVAL: PROPOSED TRANSFER BY DIRECT TRANSACTION OF CITY-OWNED LAND BEING ERF 56631, MTHI STREET, KHAYELITSHA, FOR COMMUNITY PURPOSES

Meeting date

Monday, March 16, 2020

Resolution

Approved

Date closed

Wednesday, June 10, 2020

Resolution detail

That Subcouncil 10 SUPPORTS and RECOMMENDS that:

a)    In terms of section 14(2)(a) and (b) of the Municipal Finance Management Act
      (MFMA), Act 56 of 2003;

       i)   Council resolve that erf 56631 Mthi Street, Kuyasa, Khayelitsha, zoned
            General Business (GB4) and +-541 m2 in extent, shown in the attached
            sketch is not required for the provision of the minimum level of attached
            sketch is not required for the provision of the minimum level of basic
            municipal services;

       ii)   Council confirm that the fair market value of the asset described in (s)(i) and
             the economic and community value to be received in exchange for the asset
            described in (a)(i) have been considered;

b)    In terms of Regulation 5(1)(b) of the Municipal Asset Transfer Regulations
      (MATR), R.878 promulgated on 22 August 2008, Council approve in principle the
      sale of erf 56631 Mthi Street, Kuyasa, Khayelitsha, as described in (a)(i);

c)    Erf 56631 Mthi Street, Kuyasa, Khayelitsha be sold by direct sale to Acts of
       the Apostolic Church South Arica, subject to conditions to be imposed by
       the Director: Property Management in the exercise of her delegated authority;

d)    Council confirm that when considering the transfer of the property at less than
      market value as provided for in terms of clause 15.3 of Council’s Policy on the
     Management of Certain of the City of Cape Town’s Immovable Property, the
      contents of Regulation 13(2) of the MATR have been duly taken into account;

e)    As part of the envisaged purpose, activities that will promote healthy and
      sustainable communities with a specific focus on social cohesion programmes for
     example ECD, care for the elderly, etc. must be provided.

.

Action: A Maddy; S Makhuleni