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PART II of the agenda of the 43rd Council Meeting of the

CITY OF TSHWANE METROPOLITAN MUNICIPALITY (THIRD TERM OF THE CITY OF TSHWANE) will be held in the Council Chamber, Sammy Marks Conference Centre, cnr Lilian Ngoyi and Madiba Streets, Pretoria, on THURSDAY, 23 APRIL 2015 at 10:00 to consider the matter as set out in the agenda hereafter.

REPORT OF THE MAYORAL COMMITTEE

03/2015 report 4 MARCH 2015 AWMK MOSUPYOE-LETSHOLO SPEAKER 13 April 2015

PLEASE RETAIN THIS PART II OF COUNCIL FOR PURPOSE OF THE COUNCIL MEETING OF 23 APRIL 2015

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COUNCIL AGENDA: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 23 APRIL 2015 F. REPORT TO THE COUNCIL PART II: FROM THE MAYORAL COMMITTEE MEETING: 4 MARCH 2015 INDEX

PAGES

(The recommendation appears on the pages indicated in brackets) 3. Corporate and Shared Services Department

(Corporate Property and Logistical Services) Proposed donation of two portions of Erf 548 Ga-Rankuwa Unit 23 (From the Alienation Cluster: 5 December 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) ……... 3-36(15)

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Reference No 24730/1[12/1/1 Garankuwa Unit 23 - 548] Cynthia Ramulifho (1224) COUNCIL: 23 April 2015 3. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED DONATION OF TWO PORTIONS OF ERF 548 GA-RANKUWA UNIT 23 (From the Alienation Cluster: 5 December 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015)

1. PURPOSE

1.1 The purpose of the report is to obtain approval to donate two portions of Erf 548 Ga-Rankuwa Unit 23 to Zion Christian Church and Reformed Church of Mmakau in terms of the Municipal Finance Management Act (Act 56 of 2003) and MAT Regulations.

1.2 To rescind the Council Resolution dated 28 March 2013 to donate erf 666

Ga-Rankuwa Unit 7 to the Zion Christian Church to enable the North West Housing Corporation to finalise the sale of the property.

2. STRATEGIC OBJECTIVES

To promote good governance and active citizenry

3. BACKGROUND

Erf 548 Ga-Rankuwa Unit 23 measures 28 334 m² in extent and it is zoned “Educational” The subject property is currently vacant. This department intends to subdivide the property into three portions and donate two portions, proposed Portion 2 measuring approximately 5 000 m² indicated as figure cbDd in the attached Sketch Plan (Annexure E) to Reformed Church of Mmakau, proposed Portion 1 measuring approximately 10 000 m² indicated as figure AaeE in the attached Sketch Plan (Annexure E) to Zion Christian Church and the proposed Remainder measuring approximately 13 334 m² indicated as figure aBCbcde in the attached Sketch Plan (Annexure E) will be reserved for municipal purposes. The criterion used to qualify the Reformed Church of Mmakau for donation is based on the fact that the church has previously applied for Erf 558, Ga-Rankuwa Unit 23 without success, attached see application dated 23 June 2009. The leader of the church is Sello Kenneth Museri ID number 7006115477085 is a South African citizen. The criterion used to qualify the Zion Christian Church for donation is based on the fact that Council in its meeting held on 28 March 2013 approved the donation of Erf 666 Ga-Rankuwa Unit 7 to the church.

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However, this resolution could not be implemented as it was later found that the North West Housing Corporation had already sold the property to a third party in terms of its mandate with the former North West Administration. This department therefore intends to rescind this resolution and instead donate a portion of this property measuring 10 000 m² to the church. The representative of the church (Secretary General) is Mr Mafetsa Mohlahlego Ephraim ID number 600402 5814 084. Mr Mafetsa is a South African citizen. The donation of the property is aimed at meeting the City’s strategic objectives and to ensure social cohesion.

3.1 LEGISLATIVE FRAMEWORK

A. MUNICIPAL FINANCE MANAGEMENT ACT In terms of Section 14 of the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003) approval from Council must be obtained to alienate Municipal land. Section 14 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.

(2) A municipality may transfer ownership or otherwise dispose of a capital asset

other than one contemplated in sub-section (1) but only after the municipal council, in a meeting open to the public –

(a) Has decided on reasonable grounds that the asset is not needed to

provide the minimum level of basic municipal services; and (b) Has considered the fair market value of the asset and the economic

and community value to be received in exchange for the asset. (3) A decision by a municipal council that a specific capital asset is not needed

to provide the minimum level of basic municipal services, may not be reversed by the municipality after that asset has been sold, transferred or otherwise disposed of.

(4) A municipal council may delegate to the accounting officer of the municipality

its power to make the determinations referred to in sub-section (2) (a) and (b) in respect of movable capital assets below a value determined by the council.

(5) Any transfer of ownership of a capital asset in terms of sub-section (2) or (4)

must be fair, equitable, transparent, competitive and consistent with the supply chain management policy which the municipality must have and maintain in terms of section 111.

(6) This section does not apply to the transfer of capital assets to another

municipality or to a municipal entity or to a national provincial organ of state ..."

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B. MUNICIPAL ASSET TRANSFER REGULATIONS

In terms of the Municipal Asset Transfer (MAT) Regulations published in terms of the MFMA on 22 August 2008, the municipal council must, when considering any proposed transfer or disposal of a non-exempted capital asset in terms of MAT regulation 5(1)(b)(i) and (ii), take into account – (i) Whether the capital asset may be required for the Municipality’s own use at a

later date; (ii) The expected loss or gain that is expected to result from the proposed

transfer or disposal. (iii) The extent to which any compensation to be received in respect of the

proposed transfer or disposal will result in a significant economic of financial cost or benefit to the Municipality;

(iv) The risks and rewards associated with the operation or control of the capital asset that is to be transferred or disposed of in relation to the Municipality’s interests;

(v) The effect that the proposed transfer or disposal will have on the credit rating of the Municipality, its ability to raise long-term or short-term borrowings in the future and its financial position and cash flow;

(vi) Any limitations or conditions attached to the capital asset or the transfer or disposal of the asset, and the consequences of any potential non-compliance with those conditions;

(vii) The estimated cost of the proposed transfer or disposal; (viii) The transfer of any liabilities and reserve funds associated with the capital

asset; (ix) Any comments or representations on the proposed transfer or disposal

received from the local community and other interested persons; (x) Any written views and recommendations on the proposed transfer or

disposal by the National Treasury and the relevant provincial treasury; (xi) The interests of any affected organ of state, the legal and economic interests

and the interests of the local community; and (xii) Compliance with the legislative regime applicable to the proposed transfer or

disposal. An approval in principle in terms of regulation 5(1)(b)(ii) that a non-exempted capital asset may be transferred or disposed of, may be given subject to any conditions, including conditions specifying– (i) The way in which the capital asset is to be sold or disposed of; (ii) A floor price or minimum compensation of the capital asset; (iii) Whether the capital asset may be transferred or disposed of for less than its

fair market value, in which case the criteria set out in MAT regulation 13(2) must first be considered;

(iv) a framework within which direct negotiations for the transfer or disposal of the capital asset must be conducted with another person, if the transfer or disposal is subject to direct negotiations.

(v) The full contract in terms of which a municipality transfers a capital asset must be made available in its entirety to the council of the municipality in terms of MAT Regulation 18 and may not be withheld from public scrutiny except as provided for in terms of the Promotion of Access to Information Act, 2000.

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C. ALIENATION POLICY

This report complies with Alienation Policy, as approved on 29 November 2007. The clauses of the policy framework which describe the applicable principle and prescribe the appropriate method of disposal are: 1.6 METHODS OF DISPOSAL OF COUNCIL IMMOVABLE PROPERTY 1.6.7 DISPOSAL OUT OF HAND FOR RELIGIOUS PURPOSES

The Housing, City Planning and Environmental Management will determine the need for religious sites per region/area as part of the spatial Development Framework Strategy. A church organisation which owns a site in a said region will not qualify to purchase another site within the same region. In the event there is more than one application on the available site, the CoT will call developments proposals for religious purposes and related community facilities.

4. DISCUSSION

The proposal to donate the two portions of the above mentioned property was circulated to departments for comments. Comments received were all in support of the donation of the portions as these portions are not required for basic municipal services. Said comments will be considered as conditions of donation of these portions. The donation of these portions will further be subject to standard conditions of donations applicable to transactions of this nature.

5. COMMENTS OF THE STAKEHOLDER DEPARTMENTS

5.1 COMMENTS OF THE CHIEF FINANCIAL OFFICER

Cognisance is taken of the purpose, contents and recommendations of the report. It needs to be noted that the City does not have a dedicated Donations Policy for the disposal of Capital Assets (Properties). Therefore, all aspects of the Municipal Asset Transfer Regulations have to be adhered to, as it has major financial and economic implications for the municipality. For accounting and administrative purpose it is noted that all the documentation relevant to the donation will be submitted to the Asset Management Unit in the Group Financial Services Department for processing the necessary entries in the Asset Register. All property donation transactions must be disclosed in it’s entirely in the corporate financial statements for the purpose of transparency and to comply with the requirements of GRAP. The Strategic Executive Director: Corporate and Shared Services 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.

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The market value for the above-mentioned property, 28 334 m² in extent, is R796 000. If consensus in respect of the proposed conditions of sale has not been reached and Council approval for such sale not been obtained before 30 November 2015 the market value must be reconsidered by this Section. In determining the said market value it has been assumed that all services are available. The proposed rental, inclusive of assessment rates, for the above-mentioned property, 28 334 m² in extent, is R7 960 per month and this amount must escalate annually by 7 % effective from 1 July 2016. In determining the proposed rental, it has been assumed that the said property will be used exclusively for institutional purposes.

5.2 COMMENTS OF THE CHIEF OF EMERGENCY SERVICES

The purpose of the report is to obtain approval to donate two portions of Erf 548 Garankuwa Unit 23 to Zion Christian Church and Reformed Church of Mmakau in terms of the Municipal Finance Management Act (Act 56 of 2003) and MAT Regulations. The Emergency Services Department takes cognisance of the content of the report and further supports the recommendation(s) as set out in the report. Any structures/buildings being erected on the premises must conform to the provisions of the National Building Regulations and the National Standard: SANS 10400. Communication channels for close liaison between the future developer’s professional team and the operational divisions of this department (Fire Brigade, Emergency Medical Services and Disaster Management) must be established in the planning, construction and commissioning phases of the development, for purposes of the fire protection, fire installation, pre-incident and emergency plans are required.

5.3 COMMENTS OF THE CHIEF OF POLICE

The purpose of the report is to obtain approval to donate two portions of Erf 548 Garankuwa Unit 23 to Zion Christian Church and Reformed Church of Mmakau in terms of the Municipal Finance Management Act, 2003 (Act 56 of 2003) and MAT Regulations.The Tshwane Metro Police Department takes cognisance of the content of the report and further supports the recommendation(s) as set out in the report. It should be noted that the property must be utilised for the purposes as stipulated within the land use zoning for the specific property and access to and from the premises must be provided in accordance with the National Road Traffic Act, 1996 (Act No. 93 of 1996), as amended.

5.4 COMMENTS OF THE GROUP LEGAL COUNSEL

It appears from the context of the report that the municipality proposes to donate portions of Erf 548 Garankuwa Unit 23 to churches. Donation is defined as an agreement whereby a person under no legal obligation undertakes to give something to another, with intention to enrich the said latter, in return for neither consideration nor advantage. Donating immovable property is tantamount to transferring ownership of a capital asset, as contemplated in section 14 of the Municipal Finance Management Act, 2003 (Act No. 56 of 2003). The Municipality is in terms of the provisions of section 14(1), prohibited from transferring ownership of a capital asset needed to provide the minimum level of basic municipal services. The municipality may, however, in terms of subsection (2) thereof transfer ownership of a capital asset other than one needed to provide the minimum level of basic municipal services in the following process:

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Accordingly, the Municipal Council must in terms of section 14(2) read with Regulation 5(1) of Municipal Asset Transfer (MAT) Regulations, authorize the transfer or disposal of a non-exempted capital asset only after the Municipal Manager has, in terms of Regulation 6, conducted a public participation process to facilitate the determinations a municipal council must make in terms of section 14(2)(a) and (b) of the Municipal Finance Management Act, 2003 (Act No. 56 of 2003). However, the said public participation is compulsory only if the capital asset proposed to be transferred or disposed of is a high value capital asset or if the value of all the capital assets a municipality intended to be transferred or disposed of by the municipality this financial year exceeds five per cent of the total value of the municipality’s assets. In terms of section 14(2)(a) and (b), Municipal Council must first in a meeting open to the public have decided on reasonable grounds that the asset is not needed to provide the minimum level of basic municipal services, and has considered the fair market value of the asset and the economic and community value to be received in exchange for the asset; and then as a consequence of those determinations approve in principle that the capital asset may be transferred or disposed of. Only upon decision of the Council as aforesaid may the asset be donated. In accordance with Regulation 13(2) of MAT Regulations, if a municipality on account of the public interest, in particular in relation to the plight of the poor, intends to transfer a non-exempted capital asset for less than its fair market value, the municipality must, when considering the proposed transfer, take into account: - 1. the interests of the State and the local community;

2. the strategic and economic interests of the municipality or municipal entity,

including the long-term effect of the decision on the municipality or entity;

3. the constitutional rights and legal interests of all affected parties;

4. whether the interests of the parties to the transfer should carry more weight than the interest of the local community, and how the individual interest is weighed against the collective interest; and

5. whether the local community would be better served if the capital asset is transferred at less than its fair market value, as opposed to a transfer of the asset at fair market value.

Having regard to the aforesaid and with specific reference to the contents of the report, Group Legal Services submits as follows: 1. The properties in question constitute non-exempted capital assets, and the

provisions of section 14(1) and (2) of Act 56 of 2003 and those of Regulation 5 and 13 referred to above are applicable;

2. The municipal Council must consider the provisions of Regulation 13(2) of

MAT Regulations, since the proposed disposal is for no value in return; 3. The Council, when considering the proposed transfer or disposal of these

properties through donation, to take into account the following, inter alia,

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4. whether the capital asset may be required for the municipality's own use at a

later date; 5. the expected loss or gain that is expected to result from the proposed

transfer or disposal; 6. the effect that the proposed transfer or disposal will have on the credit rating

of the municipality, its ability to raise long-term or short-term borrowings in the future and its financial position and cash flow;

7. any limitations or conditions attached to the capital asset or the transfer or

disposal of the asset, and the consequences of any potential non-compliance with those conditions;

8. the estimated cost of the proposed transfer or disposal; 9. any comments or representations on the proposed transfer or disposal

received from the local community and other interested persons; and 10. any written views and recommendations on the proposed transfer or disposal

by the National Treasury and the relevant provincial treasury; The power to donate immovable property is reserved for Council, in terms of Annexure “A” B on page 442/44 of the Corporate System of Delegations approved by Council on the 26th January 2012.

5.5 COMMENTS OF THE STRATEGIC EXECUTIVE DIRECTOR: CITY PLANNING

AND DEVELOPMENT

APPLICATION TO DONATE ERF 548, GA-RANKUWA UNIT 23 The abovementioned application at your department has reference. Erf 548, Ga-Rankuwa Unit 23 is zoned EDUCATIONAL for the purposes as listed in Table B of the Tshwane Town Planning Scheme, 2008 including a place of public worship. In terms of the Regional Spatial Development Framework (RSDF) for Region 1, the property is situated within a suburban densification zone where community facilities in support of the residential function of the area can be supported. The proposed use is in line with the current zoning of the property and can be supported from a spatial planning point of view. The City Planning and Development Department thus has no objection to the proposed donation of the above mentioned property for church purposes subject to the following conditions:

• That confirmation from the Gauteng Department of Education is obtained that the property is not required for the purpose of a school.

• That Site Development Plans and Building plans be submitted to the Municipality for approval prior to any development occurring on the erf.

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• That any development on the erf be subject to the Town Planning scheme conditions relating to ‘Educational’ zoning.

5.6 COMMENTS OF THE STRATEGIC EXECUTIVE DIRECTOR: ECONOMIC

DEVELOPMENT

The application to donate two portions of Erf 548 Garankuwa Unit 23, for religious purposes, is supported.

5.7 COMMENTS OF THE STRATEGIC EXECUTIVE DIRECTOR: ENVIRONMENTAL

MANAGEMENT SERVICES

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 as well as Waste Management Bylaws.

5.8 COMMENTS OF THE STRATEGIC EXECUTIVE DIRECTOR: HEALTH AND

SOCIAL DEVELOPMENT

The department of Health and Social Development supports recommendations to DONATE TWO PORTIONS OF ERF 548 GARANKUWA UNIT 23, in terms of Section 14 of the Municipal Finance Management Act, 2003 (Act 56 of 2003) and Regulations thereunder. The property is not needed to provide the minimum level of Health and Social Development Services.

5.9 COMMENTS OF THE STRATEGIC EXECUTIVE DIRECTOR: HOUSING AND HUMAN SETTLEMENTS

Application to donate parts of Erf 548 Ga-Rankuwa Unit 23, zoned "Educational" to Reformed Church of Mmakau (5 000m2) and Zion Christian Church (10 000m2) supported on conditions that the Erf is subdivided first before the transfer. Both applicants should comply to City Planning and Development Department's regulatory framework when developing the sites especially the rezoning of the erven from educational to place of worship.

5.10 COMMENTS OF THE STRATEGIC EXECUTIVE DIRECTOR: SERVICES

INFRASTRUCTURE 5.10.1 ENERGY AND ELECTRICITY

We hereby acknowledge proof of this application. The property lies within Eskom Distribution for supply of electricity, therefore, we wish to advice that the applicant lodges an application through Eskom Northern Distribution.

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5.10.2 WATER AND SANITATION

• Water is available and the applicant may apply for a water connection at any of the One-Stop-Service-Desks for Water- and Sanitation Services, after building plan approval. The contact numbers are 012- 358 7983/7978/7984.• A sewer services are available. Should a sewer connection be required for this application at any OTHER point along the boundaries of the property all resulting costs to provide a sewer connection point as well as all costs incurred as a result of the protection by servitude / moving / provision of a private or municipal sewer necessitated by such application shall be for the account of the applicant. Such sewer and connection must be designed by a Consulting Engineer and installed by a suitably qualified private plumbing contractor under the Engineer’s certified supervision. Information and specifications are available from any of the One-Stop-Service-Desks for Water and Sanitation Services.

5.11 COMMENTS OF THE STRATEGIC EXECUTIVE DIRECTOR: SPORT AND

RECREATIONAL SERVICES

Sport and Recreational Services region 1 supports the recommendation of this report.

5.12 COMMENTS OF THE STRATEGIC EXECUTIVE DIRECTOR: TRANSPORT 1. The application to donate two portions of Erf 548 Garankuwa Unit 23 to Zion

Christian Church and Reformed Church of Mmakau in terms of the Municipal Finance Management Act (Act 56 of 2003) and MAT Regulations.

2. A complete Site Development Plan must be submitted before any building construction may commence, at the cost of the applicant, for the approval of the Division: Transport and Infrastructure Planning. Details regarding access, parking layout and storm water drainage must be clearly shown on the Site Development Plan.

6. IMPLICATIONS 6.1 HUMAN RESOURCES

None. 6.2 FINANCES

There are no financial implications for the municipality. 6.3 CONSTITUTIONAL AND LEGAL FACTORS

The donation complies with Section 14 of the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003), and Regulation 5 and 13 of the MAT Regulation(see comments of the Group legal Counsel.

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6.4 COMMUNICATION

That notice of the donation envisaged in recommendation will be given in terms of section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed donation be received, the proposed donation together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy.

6.5 PREVIOUS COUNCIL OR MAYORAL COMMITTEE RESOLUTIONS

None.

7. CONCLUSION

Comments of the relevant Departments show that the above mentioned property is not required for basic municipal purposes. It is further confirmed that conditions as laid down by the departments in their comments have been incorporated in the recommendations.

IT WAS RECOMMENDED (TO THE MAYORAL COMMITTEE: 14 JANUARY 2015): That it be recommended to Council: 1. That a portion of Erf 548 Ga-Rankuwa Unit 23 measuring 15 000 m² in extent is not

needed to provide the minimum level of basic municipal services; 2. That Council approves the donation of two portions of Erf 548 Ga-Rankuwa Unit 23

measuring 5 000 m² in extent to Reformed Church of Mmakau and measuring 10 000 m² in extent to Zion Christian Church;

3. That the Council approves the subdivision of Erf 548 Ga-Rankuwa Unit 23 into

three portions measuring a portion measuring 5 000 m², another portion measuring 10 000 m² and the remaining extent measuring 13 334 m²;

4. That notice of the donation envisaged in recommendation will be given in terms of

section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed donation be received, the proposed donation together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy;

5. That any removal, moving and/or change to the existing municipal services

networks that may become necessary due to this application, will be for the applicant's cost;

6. That all required bulk services will be provided at the costs of the beneficiary;

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7. That when required the beneficiary at its costs and risks will conduct necessary traffic impact studies, geological studies or any other study necessary for the development of the land;

8. That the beneficiary will protect municipal servitudes by registering servitudes in

favour of the municipality, and there shall be no development or trees planted next to the servitudes;

9. That no development on the property will take place before approval of

development plans; 10. That the property will only be utilised for religious purposes and will revert back to

the municipality if not required for this purpose and that the Title Deed be endorsed accordingly;

11. That access to and from the site/development be to the satisfaction of the

Municipality; 12. That proof thereof that the Reformed Church of Mmakau and the Zion Christian

Church has been registered in terms of Non-Profit Organisation Act of 1997 or if it is not registered in terms of Non-Profit Organisation Act of 1997, it must do so within 6 months;

13. That proof in the form of the Church’s Constitution or founding document to confirm

that it’s income and property are not distributable to its members or office-bearers, except as reasonable compensation for services rendered;

14. That the Strategic Executive Director: City Planning and Development be

authorised to implement all town planning related processes necessary to finalise this transaction;

15. That the Group Legal Counsel be authorised to issue and sign a Power of Attorney

to bring into effect the above recommendation; 16. That the Municipality’s further conditions of donation usually applicable to

transaction of this nature or any other condition that will be set by the Municipality will be applicable; and

17. That Council rescind its decision to donate Erf 666 Ga-Rankuwa to the Zion

Christian Church in order to enable the North West Housing Corporation to proceed with the sale of the property as agreed upon with the third party.

IT WAS RESOLVED (BY THE MAYORAL COMMITTEE: 14 JANUARY 2015): That the report be referred back for the Corporate and Shared Services Department to ensure that the report be corrected.

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IT WAS RECOMMENDED (TO THE ALIENATION CLUSTER: 9 FEBRUARY 2015): That it be recommended to the Mayoral Committee: 1. That cognisance be taken that comments received from various CoT departments,

Erf 548 Ga-Rankuwa Unit 7 measuring 15 000 m² is not required to provide the minimum level of basic municipal services;

2. That the council approves the donation of two portions of Erf 548 Ga-Rankuwa Unit

23 measuring 5 000 m² in extent to Reformed Church of Mmakau and measuring 10 000 m² in extent to Zion Christian Church;

3. That the Council approves the subdivision of Erf 548 Ga-Rankuwa Unit 23 into

three portions measuring a portion measuring 5 000 m², another portion measuring 10 000 m² and the remaining extent measuring 13 334 m²;

4. That notice of the donation envisaged in recommendation will be given in terms of

section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed donation be received, the proposed donation together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy; and

5. That proposed conditions and possible implications set out in paragraph 4 be

approved. IT WAS RESOLVED (BY THE ALIENATION CLUSTER: 9 FEBRUARY 2015): That among others the following amendments be made to the report prior submission to the Mayoral Committee: (a) That the following be a standard recommendation in all alienation reports: "That any

further structures/buildings being erected on the premises must conform to the provisions of the National Building Regulations and the mentioned National Standard: SANS 10400";

(b) That section 14(2) of the MFMA finds expression in both the purpose and the

recommendations of the report; (c) That the application date be indicated in the report; and (d) That the spelling of "mendate" be corrected; and (e) That the phrases "leader of the church" be changed to "local leader of the church";

and (f) That the recommendation regarding the rescindment of the Council resolution be

included. The Mayoral Committee on 4 March 2015 resolved to recommend to Council as set out below:

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ANNEXURES: A. Garankuwa Unit 23 - 548 Zoning.pdf B. Garankuwa Unit 23 - 548 Map.pdf C. Garankuwa Unit 23 - 548 Deed.pdf D. Donation of Erf 666 GaRankuwa Unit 7.pdf E. Garankuwa Unit 23 - 548 Sketch Plan.pdf F. Garankuwa Unit 23 - 548 Valuation.pdf G. GARANKUWA UNIT 23 548 - APPLICATION FORM.pdf RECOMMENDED: 1. That the proposed portion 1 and proposed portion 2 of Erf 548 Ga-Rankuwa Unit 23

indicated as figure AaeE and figure cbDd in the sketchplan attached as Annexure E measuring approximately 15 000 m² in extent are not required to provide the minimum level of basic municipal services;

2. That Council approves the donation of the proposed Portion 1 indicated as Figure

AaeE in the Sketch Plan attached as (Annexure E) measuring approximately 10 000 m² in extent to Zion Christian Church, and the donation of the proposed Portion 2 indicated as figure cbDd measuring 5 000 m² in extent to the Reformed Church of Mmakau in terms of section 14(2) of the Local Government: Municipal Finance Management Act (Act 56 of 2003);

3. That Council approves the subdivision of Erf 548 Ga-Rankuwa Unit 23 into three

portions, proposed Portion 2 measuring approximately 5 000 m² indicated as Figure cbDd in the attached Sketch Plan (Annexure E), proposed Portion 1 measuring approximately 10 000 m² indicated as Figure AaeE in the attached Sketch Plan (Annexure E) and the proposed Remainder measuring approximately 13 334 m² indicated as Figure aBCbcde in the attached Sketch Plan (Annexure E);

4. That notice of the donation envisaged in recommendation will be given in terms of

section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed donation be received, the proposed donation together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy;

5. That any removal, moving and/or change to the existing municipal services

networks that may become necessary due to this application, will be for the applicant's cost;

6. That access to and from the site/development be to the satisfaction of the

Municipality; 7. That all required bulk services will be provided at the costs of the beneficiaries; 8. That when required the beneficiary at its costs and risks will conduct necessary

traffic impact studies, geological studies or any other study necessary for the development of the land;

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9. That the beneficiary will protect municipal servitudes by registering servitudes in favor of the municipality, and there shall be no development or trees planted next to the servitudes;

10. That no development on the property will take place before approval of

development plans; 11. That the property will only be utilized for religious purposes and will revert back to

the municipality if no longer required for this purpose; 12. That proof thereof that The Reformed Church of Mmakau and the Zion Christian

Church have been registered in terms of Non-Profit Organization Act of 1997 or if they are not registered in terms of Non-Profit Organization Act of 1997, they must do so within 6 months;

13. That proof in the form of the above mentioned churches constitution or founding

document to confirm that their income and properties are not distributable to their members or office-bearers, except as reasonable compensation for services rendered;

14. That any further structures/buildings being erected on the premises must conform

to the provisions of the National Building Regulations and the mentioned National Standard: SANS 10400;

15. That the Group Legal Counsel be authorised to issue a Power of Attorney to the

beneficiaries so that they can lodge the applications necessary for the development of the property;

16. That the Municipality’s further conditions of donation usually applicable to

transaction of this nature or any other condition that will be set by the Municipality will be applicable; and

17. That the Council Resolution dated 28 March 2013 to donate erf 666 Ga-Rankuwa

Unit 7 to the Zion Christian Church be rescinded.

Kgoro ya Peakanyo le Tlhabollo ya Toropokgolo • Departement Stadsbeplanning en - ontwikkelingLefapha la Thulaganyo le Tlhabololo ya Toropo • Ndzawulo ya Nhluvukiso wa Vupulani bya Dorobankulu

UMnyango Wezentuthuko Yokuhlelwa Kwedolobha • City Planning and Development Department UmNyango wokuHlelwa kweDorobha neTuthuko

Document Ref: e4147cb5-deda-4150-b5b0-faa1b2c22cdc

TO WHOM IT MAY CONCERNDate 2014/07/15

ZONING SUMMARY IN TERMS OF TSHWANE TOWN-PLANNING SCHEME, 2008

PROPERTY KEY: 066400548PROPERTY DESCRIPTION: 548 GA-RANKUWA UNIT 23 (6165 A23679)

1. USE ZONE 13: EDUCATIONAL

2. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED IN TERMS OF TABLE B (COLUMN 3):

Place of Child CarePlace of InstructionPlace of Public WorshipSocial HallSport and Recreation Club

3. PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED AND USED ONLY WITH THE CONSENT OF THE MUNICIPALITY IN TERMS OF TABLE B (COLUMN 4):

Dwelling-unitsInstitutionPlace of RefreshmentResidential BuildingSpecial UseTelecommunication MastWall of Remembrance

4. PURPOSES FOR WHICH BUILDINGS MAY NOT BE ERECTED OR USED IN TERMS OF TABLE B (COLUMN 5):

Uses not in Columns 3 and 4, that is uses not specified in the above-mentioned Paragraphs 2 and 3.

5. TEMPORARY USES MAY BE PERMITTED IN TERMS OF CLAUSE 14(8).

6. DENSITY:

7. HEIGHT: Table D, Height Zone 9, subject to Clause 26.

8. FLOOR AREA RATIO: Table C, FAR Zone 15, subject to Clause 25./2

City Planning & Development DepartmentRoom 1-010 I Isivuno Building I 143 Lilian Ngoyi (Van der Walt) Street I Pretoria I 0002PO Box 3242 I Pretoria I 0001Tel: 012 358 7987/8Email: geoinfoservices@tshwane.gov.za I www.tshwane.gov.za.| www.facebook.com/CityOf Tshwane

Contact Person: GeoWeb

17

Kgoro ya Peakanyo le Tlhabollo ya Toropokgolo • Departement Stadsbeplanning en - ontwikkelingLefapha la Thulaganyo le Tlhabololo ya Toropo • Ndzawulo ya Nhluvukiso wa Vupulani bya Dorobankulu

UMnyango Wezentuthuko Yokuhlelwa Kwedolobha • City Planning and Development Department UmNyango wokuHlelwa kweDorobha neTuthuko

2 Document Ref: e4147cb5-deda-4150-b5b0-faa1b2c22cdc

9. COVERAGE: Table E, Coverage Zone 19, subject to Clause 27.

10. BUILDING LINES:

Streets : Subject Clause 9(a),(b),(d) and (e)Other : Subject to Clause 12

11. CONSENT USES: N/A

Disclaimer: Please note that the validity of the Consent Use cannot be verified as the rights may have elapsed in terms of the conditions of the Consent Use approval. The validity will have to be proven by the owner of the property.

12. ATTACHED DOCUMENTS:

NOTE:

The above zoning information must be read in conjunction with the relevant Annexure T, if any, and the rest of the Clauses of the Tshwane Town-Planning Scheme 2008. Where an Annexure T does not specify or stipulate a land use or development control (for e.g. Height, F.A.R. etc.) the stipulations of the said Scheme clauses and the above Zoning Certificate shall prevail.

Kind regards

MA Makgata

f: STRATEGIC EXECUTIVE DIRECTOR: CITY PLANNING & DEVELOPMENT

On request, this document can be provided in another official language.

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MY MAP PRINTOUT

2014/07/15

1:2500

19

20

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137.12

72.93

72.94

137.12

14.14

124.07

70.71

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63.35

70.71

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56.41

A

B

C

D

E

a

b

c

d

e

Erf 9421

Erf 9564

Erf 9490

Erf 9739

Erf 9495

Erf 9488Erf 9487

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Erf 9420 Erf 9565

Erf 9486

Erf 9494Erf 9497 Erf 9418

Erf 9432

Erf 9491 Erf 9424

Erf 9422Erf 9493 Erf 9582

Erf 9484

Erf 9496 Erf 9566 Erf 9567

Erf 9485

Erf 9425

Erf 9583

Erf 9585

Erf 9431

Erf 9588

Erf 9423

Erf 9483

Erf 9419

Erf 9581

Erf 948

1

Erf 9589

Erf 9426

Erf 9587

Erf 9584

Erf 9428Erf 9429

Erf 9586

Erf 9568

Erf 9427

Erf 9430

Erf 9482

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Erf 830Erf 831 Erf 832Erf 833

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Erf 549

Erf 1730Erf 612

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Erf 622Erf 623Erf 624Erf 625

Erf 627Erf R/GRK-U-23

GA-RANKUWAUNIT 23

GA-RANKUWAUNIT 17

STREET

STREET

STREET

STREET

STREETST

REET

STRE ET

STREET

STREETProposedPortion 1

ProposedPortion 2

ProposedRemainder

G E O M A T I C SG E O M A T I C S

S K E T C H P L A NPROPOSED SUBDIVISION OF

ERF 548

1:1 000SCALE:

NOTES

1. The figure ABCDE = Erf 548 = 2,8334 ha2. The figure AaeE = proposed Portion 1 = 1,0000 ha3. The figure cbDd = proposed Portion 2 = 5000m²4. The figure aBCbcde = proposed Remainder = 1,3334 ha5. The hatched area indicate an existing structure6. This plan was prepared from the 2013 aerial photography. No survey was done7. All dimensions are subject to final survey

L O C A L I T Y P L A NL O C A L I T Y P L A N 1 : 7   5 0 01 : 7   5 0 0

Attention: E. MbowanaYour Ref: Our Ref: CPD GRK-U-23/664/548RF Mlambo Tel: 012 358-6590Date: November 2014Sheet No: 1Job No: S581/14S581/14

AB

GA - RANKUWA UNIT 23©Water PipeSewer Pipe

(A3 Landscape)

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