Subcouncil 10

Resolution detail

 That Sub council 10 recommends that the proposed granting of rights to use, control or manage (lease) a portion of erf 400, Khayelitsha, situated at 8 Mfundisweni street to Moya-we Khaya for food garden purposes BE SUPPORTED, subject to the following:
 

1. In terms of provisions of Regulation 36(a) of the Municipal Asset Transfer Regulations, R.878, promulgated on 22 August 2008 (MATR), a portion of Erf 400 Khayelitsha, located at 8 Mfundisweni Street, measuring approximately 2.02 hectares, shown on Plan LIS 2410 attached as Annexure C be regarded as not being required for the municipality’s own use during the period for which the right is to be granted;
2. The Director: Property Management resolve in terms of Regulation 36(b) of the MATR, that in making the determination in 7(a), she has taken into account the extent to which any compensation to be received for the right into account the extent to which any compensation to be received for the right together with the estimated value of any improvements or enhancements to be made to the property described in 7(a) will result in a significant economic or social benefit to the municipality;
3. In terms of the provisions of Regulation 34(1)(b) of the MATR, the Director: Property Management resolve that the right to use, control or manage by way of a call for alternative proposals, public competitive process, a portion of Erf 400 Khayelitsha be granted in principle, subject to conditions to be imposed by the Director: Property Management; and
4. Any gain or loss incurred by the municipality in respect of the lease of the asset described in 7(a) be included in the adjustment budget of the municipality (sections 28 and 87 of the Municipal Finance Management Act, Act 56 of 2003), if not budgeted for in the approved annual budget.

1. Because a 10-year lease term is sought with the initial period ending 21 May 2023 and the remainder period will be on the basis of lease renewal subject to the obtaining necessary LUM extension approval.
2.  Property management department must register the subdivision before 2 May 2023.