AGENDA & MINUTES of an ORDINARY COUNCIL MEETING held on … of the Speaker... · 2017-12-11 · SOL...

AGENDA & MINUTES

of an

ORDINARY COUNCIL MEETING

held on

06-12-17

SOL PLAATJE MUNICIPALITY

Office of the Speaker

KIMBERLEY

23 November 2017

NOTICE is hereby given in terms of Section 29 (1) of the Local Government: Municipal

Structures Act, 1998 that an ORDINARY COUNCIL Meeting of the City Council will be held in

the Council Chamber, Civic Offices, Kimberley on WEDNESDAY, 6 DECEMBER 2017 at

10:00.

CLLR E JOHNSON SPEAKER

i AGENDA Ordinary Council meeting Index 06 December 2017

RES NO ITEM NO & HEADING PAGE ANNEXURE

A. APPLICATION FOR LEAVE

B. OPENING C. CONFIRMATION OF MINUTES

D1. ANNOUNCEMENTS BY THE SPEAKER

D2. ANNOUNCEMENTS BY THE EXECUTIVE MAYOR D3. ANNOUNCEMENTS BY THE CHIEF WHIP E. MATTERS ARISING

OCM - 04.10.17

1.

C179/10/17: Request for presentation re: Upper Limits for councillors

1

F1. ITEMS NOTED BY EXECUTIVE MAYOR / MAYCO

20.09.17

1. Item 1 2

18.10.17

1. Items 1 - 9 2

15.11.17

1. Items 1 - 14 2

F2. RECOMMENDATIONS TO COUNCIL BY EXECUTIVE MAYOR

MAYCO - 20.09.17

1.

EM240/09/17: The establishment and operational requirements of the Internet Café at the Ritchie SMME Incubator Centre

3

1 - 6

MAYCO - 18.10.17

1. 2. 3.

EM245/10/17: Submission of the Twinning Agreement between Sol Plaatje Local Municipality and King Sabata Dalindyebo Local Municipality EM252/10/17 / ECN65/09/17: Report on Kimfest 2016 (MTN Joyous Celebration) EM253/10/17 / ECN66/09/17: Report on Movie Night Under the Moon (MNUM)

6 8 10

1 - 6 41 – 48 49 – 65

1. 2.

Ordinary Council – 04.10.17 (C128/10/17 – C179/10/17) Postponed Special Council – 31.10.17 (C180/10/17)

ii AGENDA Ordinary Council meeting Index 06 December 2017


4. 5. 6. 7. 8.

EM245/10/17 / ECN67/09/17: Report on Metro FM Heatwave 2016 EM255/10/17 / ECN68/09/17: Report on the Gariep Arts Festival 2016 EM256/10/17 / ECN69/09/17: Report on Barney Barnato Golf Tournament EM259/10/17 / ECN72/09/17: Tram EM262/10/17 / ECN75/09/17: 053 Concert

11 13 15 17 21

66 – 76 77 – 125 126 – 131 146 – 160 161 – 171

MAYCO - 15.11.17

1. 2.

EM269/11/17: Salary increases EM289/11/17 / SS32/10/17: Firearm Management Policy

23 26

1 – 6 1 - 11

G. NEW MATTERS FOR CONSIDERATION FROM SECTION 79 COMMITTEES Ward Participatory Committee – 10.10.17

1. WP08/10/17: Ward Committee Elections 2nd Phase from 30 – 31 July 2017 & 4th August 2017

28 1 - 14

MPAC – 08.11.17

1. 2. 3. 4.

MPAC41/11/17: Irregular, Fruitless and Wasteful expenditure incurred during 2016/2017 MPAC44/11/17: Submission of Section 71 Monthly Budget Statement: July & August 2017 MPAC45/11/17: Submission of the final version of Annual Report 2015/16 MPAC46/11/17: Submission of Section 71 Monthly Budget Statement: September 2017

31 33 34 35

1 – 27 1 – 89 SEPARATE REPORT

1 - 45

SPELUM: 02.11.17

1. 2. 3. 4. 5. 6. 7.

SPL83/11/17: Proposed rezoning and subdivision of Consolidated Land Unit consisting of a Portion of Erf 42653 and Erf 14093 Kimberley, Macdougal Street, El Toro Park (For Township Establishment) SPL85/11/17: Proposed rezoning and alienation of Erf 625 Ritchie, Droogfontein Street, Rietvale SPL89/11/17: Proposed alienation, rezoning and sub-division of Portion of Erf 5414, Popham Street SPL90/11/17: Proposed alienation and subdivision of Erf 20445 Galeshewe, Ditweba Street SPL91/11/17: Proposed alienation of Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley SPL92/11/17: Proposed alienation of Erf 5632 and 5633 Kimberley, Woodman Street, Southridge SPL93/11/17: Proposed alienation, rezoning and subdivision of Erf 16960 Galeshewe 2, Nobengula Street

36 54 58 63 73 82 91

1 – 70 87 – 93 1 – 10 11 – 18 19 – 30 31 – 39 40 – 59

iii AGENDA Ordinary Council meeting Index 06 December 2017


8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.

SPL94/11/17: Proposed inclusion of Portion 18 of the Farm Roodepan 70 into the Sol Plaatje Municipality Urban Edge SPL95/11/17: Proposed rzoning and subdivision of Erf 36105 Kimberley, C/O Tulbach and Wellington Streets, Hillcrest SPL96/11/17: Proposed rezoning of Erf 1898 Kimberley, 9 Connolly Street, Beaconsfield SPL97/11/17: Proposed rezoning and subdivision of Consolidated Land Unit consisting of a Portion of Erf 42653 and Erf 14093 Kimberley, Macdougal Street, El Toro Park (For Township Establishment) SPL98/11/17: Outdoor Advertising Application: Premier Sayina Africa SPL99/11/17: Outdoor Advertising Application: Brand IQ SPL100/11/17: Outdoor Advertising Application: Grand Foods SPL101/11/17: Outdoor Advertising Application: Gift Shop SPL102/11/17: Outdoor Advertising Application: C4 Property Investment Pty Ltd SPL103/11/17: Outdoor Advertising Application: Genetic Supplements SPL104/11/17: Outdoor Advertising Application: Afm Phomolong SPL105/11/17: Outdoor Advertising Application: Desert Oil Properties (Pty) Ltd SPL106/11/17: Outdoor Advertising Application: Buco SPL107/11/17: Outdoor Advertising Application: Human Auto

100 104 107 109 111 114 117 120 123 126 129 132 135 138

1 – 19 20 – 25 26 – 31 32 – 65 66 – 104 105 – 142 143 – 148 149 – 155 156 – 166 167 – 178 179 – 225 226 – 242 243 - 279

H. MATTERS NOT CONSIDERED BY COMMITTEES OF COUNCIL

Office of the Municipal Manager

1. Approval of Dates for Council and Standing Committee Meetings for 2018

141 1 - 13

Office of the Municipal Manager / Internal Audit

1. Appointment of Audit Committee Members for Sol Plaatje Municipality

143 1 - 2

Directorate Financial Services Budget & Treasury Office

1. First Quarter of 2017/18 Financial year – Budget and Performance Assessment

147 SEPARATE REPORT

I. QUESTIONS 149

iv AGENDA Ordinary Council meeting Index 06 December 2017


J. MOTIONS 150 K. SUPPLEMENTARY REPORTS 151

L. PRESENTATIONS 152

1.

Advocating education as an apex priority amongst community members in SPM area through Quality Learning and Teaching Campaign (QLTC) (Office of the MEC: Education)

RESOLUTION REGISTER SEPARATE REPORT (October 2017)

GLOSSARY 153

1

SOL PLAATJE MUNICIPALITY

AGENDA AND MINUTES OF AN ORDINARY COUNCIL MEETING HELD ON WEDNESDAY, 4 OCTOBER 2017 AT 10:00 IN THE COUNCIL CHAMBERS PRESENT: Cllr E Johnson (Speaker)

Ald O M Matika (Executive Mayor) Cllr E L Badenhorst Cllr M J Beylefeld Cllr P D Bishop Cllr A N Boqo Cllr W J Boshoff Cllr H U Buda Cllr D S Chinkuli Cllr M S Doyle Cllr B P Francis Cllr O C Fourie Cllr J T Gomba Cllr S H Griqua Cllr N Hammer Cllr W M Keetile Cllr B J Keme Cllr S N Kika Cllr G P Kock Cllr F Kruger Cllr P P Kwagile Cllr M J Lekhatlanya (from 10:28) Cllr C B Lewis Cllrr R Liebenberg Cllr M Louw (from 10:25) Cllr R A Ludick Cllr N D Maditse Cllr B J Makhamba Cllr M Meintjies Cllr L P Meleng Cllr H B Miller Cllr P M Mohapi (from 10:28) Cllr O J Mokae Cllr M Mokgalagadi Cllr G K Monyamane Cllr R T Morwe Cllr M M Moshweu Cllr S Mpampi Cllr T C Ngoma Cllr E Niemann Cllr C Pearce Cllr G I Petoro Cllr L H S Pieterse Cllr I M Pholoholo Cllr K C Phiri Cllr O B Plaatjie Cllr Y T Qonga Cllr K M Sebego Cllr D T Setlholo Cllr B Springbok Cllr D L Steenkamp

2 AGENDA AND MINUTES Advanced Ordinary Council meeting Postponed MAYCO 04 October 2017 28 June 2017 E1. ITEMS NOTED BY EXECUTIVE MAYOR

Cllr S M Steyn Cllr B J Stout Cllr M P Thabane Cllr B P Tshite Cllr F L Thulo Cllr W A Van Rooyen Cllr P R van Wyk Cllr L Visagie Cllr P J Vorster Cllr M R Wapad

Municipal Manager (G H Akharwaray), CFO (Z L Mahloko), ED: Corporate Services (K R Sebolecwe), ED: SEDP (N Kesiamang), ED: Community & Social Services (K A Bogacwi), Acting ED: Infrastructure & Services (T Raseobi), PMU Manager (G Jele), Manager: Speaker’s Office (S Jonas), Manager: Committee Services (C S Senekal), and the Administrator: Committee Services (S Campher).

A. APPLICATION FOR LEAVE The Municipal Manager reported and it was:

RESOLVED:

That the following applications for leave be approved: Cllr L F Duba Cllr H M Mpanza Cllr O E Matshedisho Cllr L N Shushu

ABSENT WITHOUT LEAVE

B. OPENING The Speaker welcomed all present at the meeting.

C. CONFIRMATION OF MINUTES

RESOLVED:

1. That the agenda and minutes of the Advanced Ordinary Council meeting held on 1 August 2017 be adopted and approved.

2. That the Record of the Postponed Special Council meeting held on 8 August 2017 (no quorum) be noted.

3 AGENDA AND MINUTES Advanced Ordinary Council meeting Postponed MAYCO 04 October 2017 28 June 2017 E1. ITEMS NOTED BY EXECUTIVE MAYOR

D1. ANNOUNCEMENTS BY THE SPEAKER

Birthdays The Speaker, on behalf of council, congratulated the following councillors who celebrated and will be celebrating their birthdays during the month of October: Condolensces

D2. ANNOUNCEMENTS BY THE EXECUTIVE MAYOR D3. ANNOUNCEMENTS BY THE CHIEF WHIPS

1 AGENDA Ordinary Council meeting 06 December 2017 E. MATTERS ARISING: 04.10.17

1. Request for pre sentation re: Upper Limits for councillors --------------------------------------------------------------------------------------------------------------------------- At the Ordinary Council meeting held on 4 October 2017 it was resolved per resolution C179/10/17: That a Commissioner be requested to conduct a thorough presentation to Council in terms of councillors’ Upper Limits.

AWAIT FEEDBACK __________________________________________________________________________

2 AGENDA Ordinary Council meeting MAYCO 06 December 2017 F1. ITEMS NOTED BY EXECUTIVE MAYOR

The following item was noted by Executive Mayor on 20.09.17 1. EM238/09/17 / HS35/08/17: Urban Planning Progress Report: Riverton The following items were noted by Executive Mayor on 18.10.17 1. EM246/10/17 / HS48/09/17: Progress on Housing Development as at 05 September 2017 2. EM247/10/17 / TRAN12/09/17: Report on Monthly Maintenance for Projects

3. EM248/10/17 / TRAN13/09/17: Report on Planned Pothole Patching Activities

4. EM249/10/17 / TRAN14/09/17: Report on Roads and Stormwater Section Activities 5. EM257/10/17 / ECN70/09/17: Heritage Celebrations: Draai by die Y Showcase 6. EM258/10/17 / ECN71/09/17: Getaway 2017 7. EM260/10/17 / ECN73/09/17: Rapport Cape Holiday Show 2017 8. EM261/10/17 / ECN74/09/17: Report Urban Renewal Programme 9. EM263/10/17 / ECN76/09/17: NOCCI Business Expo & Trade Fair 2017

The following items were noted by Executive Mayor on 15.11.17 1. EM268/11/17: Report on the farm land owned by the municipality and agricultural

activities performed in certain farm land. 2. EM276/11/17 / CORP13/10/17: Human Resource Report: June - -August 2017 3. EM277/11/17 / CORP14/10/17: Report - Sol Plaatje - Injuries on Duty for the period

June – August 2017 4. EM278/11/17 / CORP15/10/17: Organisational Development Report: 17 June – 17 July

2017 5. EM279/11/17 / CORP16/10/17: Organisational Development Report: 18 July – 18 August

2017 6. EM280/11/17 / CORP17/10/17: Organisational Development Report: 19 August – 19

September 2017 7. EM281/11/17 / CORP18/10/17: Administration Report: July 2017 8. EM282/11/17 / CORP19/10/17: Gender & Special Programmes Report 9. EM283/11/17 / SS26/10/17: Monthly Report: May, June, July & August 2017 10. EM284/11/17 / SS27/10/17: Action Plan: May, June, July & August 2017 11. EM285/11/17 / SS28/10/17: Monthly report: May, June, July & August 2017 12. EM286/11/17 / SS29/10/17: Monthly reports: 21 April - 20 May & 21 June – 20 July 2017 13. EM287/11/17 / SS30/10/17: Winter fire safety program – 2017 14. EM288/11/17 / SS31/10/17: Establishment of a Municipal Disaster Management Advisory

Forum

FOR INFORMATION

3 AGENDA Ordinary Council meeting MAYCO 06 December 2017 20 September 2017 F2. RECOMMENDATIONS TO COUNCIL BY EXECUTIVE MAYOR

1. The establishment and operational requirements of the Internet Café at the Ritchie SMME Incubator Centre

(CFO: Ms Z.L. Mahloko) 15 September 2017

Purpose The purpose of this item is to submit a detailed proposal for the establishment and operational requirements of the internet café that has been set-up in Ritchie, at the Ritchie SMME Incubator Centre. For noting / for decision by The following options exist in terms of noting / for decision by:

Council (to approve) Background Seeing that the ownership and usage of mobile phones has reached 100% penetration as a result of the texting capital, the social media capital, the fastest growing internet population, smart phones adoption, e-learning, use of internet by government for most of its publications of legislation, policies, press statements, speeches, employment and business opportunities, it is clear that internet access can no longer be a privilege but a means to survival and better life, more so a service that must be provided. Most people and communities in rural and remote areas rely heavily on mobile phones to stay in touch and conduct business and since the mobile broadband costs are still unaffordable to many of our citizens, not only in Sol Plaatje Area, but the entire country, it became a strategic move to establish an internet café and wi-fi hotspot at the Ritchie SMME Incubator Centre. As small and noble the idea may seem to be, internet and WI-FI networks present communities with options they would normally not have. It is also a known fact that the way in which young people interact, engage and learn is changing and we understand the importance of connectivity in creating opportunity and opening up the world of knowledge for people of all ages, and this has led to the birth of the idea to set-up an internet café and wi-fi hotspot at the SMME Incubator Centre. The internet café will be accessible to any person in line with the Fair Usage Policy when using the municipal installed desktop. However, to protect young children and abuse, the management may decide which sites will be inaccessible and the size of downloadable material/files documents may also be restricted. The aim of establishing the internet café is to close the digital divide as access and usage of internet reaches to all and help stimulate economic development by providing a connected and enabling environment for business to grow and people to realise their dreams. And though government has taken a stance of internet for all, this initiative is in line with the National Development Plan and the new vision of the municipality of “Moving towards a leading and a modern city”. Operational and access matters The use of or access to internet has vast opportunities. It is transformative, developmental, informative, enabling and very pervasive. The setting of internet café in Ritchie is seen as the most transformative idea ever.


The internet café will operate from 10h00 to 18h00 from Monday to Friday. Over weekends, only wi-fi will be accessible around the hotspot, being the SMME Incubator Centre, at a radius of 200m. Over and above free access to 500MB (weekends only) per day per device, users will enjoy free access to government websites including Central Supplier Database, CIDB, Government e-Tender and Sol Plaatje Municipality Internet. This will necessitate a policy with clear terms and conditions for the use of the internet café as well as wi-fi hotspot. It is also planned that data could be sold at very affordable rates. Wi-Fi user access Access to wi-fi will only require the machine ID (the MAC address) of a device for a user to gain access. A data volume based Fair Usage Policy shall be implemented to promote equitable distribution of the public service. The Fair Usage Policy will impose limits on the user’s amount of data transferred on a duration basis. On full deployment, the network would serve a maximum of hundred concurrent users. Users must agree to the terms and conditions of wi-fi access. Annexures ANNEXURE Proposal for the establishment of Internet Café and 1 - 6 wi-fi hotspot at the Ritchie SMME Incubator Centre. Policies to be delivered and presented in future are: Fair Usage Policy Public Internet Access Policy Terms and conditions for use of public internet and wi-fi Motivation

With the deployment of the internet café in Ritchie, which will serve the community of ward 26

and ward 27, it is believed that this initiative will unleash the potential of citizens, considering the

role of people, education, learning and knowledge for self-development, growth and identifying

economic opportunities.

This initiative is set to support early stage entrepreneurship and independence. This will also

enhance accessibility to municipal specific information and promote self-help as much as it could.

Personnel Implications The implementation of the internet café requires on-site support by a Senior Principal Clerk – Community Services, a new position that will be created under the ICT Division within the Financial Services Directorate. However, the management and operation of the SMME Incubator Centre remains the function and responsibility of the LED Unit as well as general safety and security requirements. At this stage, a contract employee will be employed at a scale of T7. A local security company has also been taken on board on a temporary basis to provide security since the equipment was installed. A month to month contract exists until a detailed security plan and costings are proposed by the LED Unit.


Financial Implications The financial implications are as follows:

- Costs of providing free wi-fi - Costs of providing free internet - Employee costs - Internet café running costs (water, electricity, paper, cartridges, printing, telephone) - Contracted services

Legal Authority and Implications

The State of the Nation Addresses of 2016 and 2017 by the President of the Republic of South

Africa

The State of the Province Addresses by the Premier of the Northern Cape 2016 and 2017

The National Development Plan

The adopted IDP for 2017 to 2022

Consultation The Executive Management Team

Contact Person Chief Financial Officer: Ms. Z.L. Mahloko For enquiries Chief Financial Officer – Z.L. Mahloko

RECOMMENDATION It is resolved to recommend to Council that:

1. The establishment and operation of an internet café in Ritchie is approved

2. That the financial and personnel implications of the establishment and operation

of the internet café and wi-fi hotspot be approved

3. That to ensure availability of service, that a Principal Clerk – Public Attendant be appointed, on a contract basis, for 6 months period, with the option to extend the contract until the organogram is approved and the positions as established are funded.

At the MAYCO meeting held on 20 September 2017 the Executive Mayor resolved per

resolution EM240/09/17: That the chairpersons of the Finance committee and the

Community Services committee inform the community of the purpose of the Internet Café.

RESOLVED TO RECOMMEND TO COUNCIL

1 – 3 As recommended

6 AGENDA Ordinary Council meeting MAYCO 06 December 2017 18 October 2017 F2. RECOMMENDATIONS TO COUNCIL BY EXECUTIVE MAYOR

1. EM245/10/17: Submission of the Twinning Agreement between Sol Plaatje Local Municipality and King Sabata Dalindyebo Local Municipality (Mr. G. Mosimane) 02 October 2017

Purpose The purpose of this item is to submit to Council the signed twinning agreement between the Sol Plaatje Local Municipality and King Sabata Dalindyebo Local Municipality. For noting / for decision by The following options exist in terms of noting / for decision by:

Council (to approve) Background It is important as a city to acknowledge own strengths and weaknesses and identify opportunities that can be gained from within and beyond the borders of the city. Though the municipality does not have a Municipal National and International Relations policy, where such opportunity presents itself, the Executive Mayor in consultation with the Municipal Manager may agree to enter into mutually beneficial intergovernmental relations or twinning agreements. Realisation of strategic objectives has become more complex, attraction and retention of investments is becoming highly competitive among the cities, it is clear that it is no longer possible to fulfil duties and accomplish goals and objectives merely through internal systems and capacity. A new paradigm is required to enable this municipality to respond effectively to increasing challenges and to enhance service delivery. Communal problems that confront local government globally emphasize the need for skills transfer and sharing of innovations to address urban challenges and opportunities. It is for this reason that International, National and City to City Relations is one of the catalysts that enable municipalities to secure a better quality of life for all people of the municipal area. However, measurable benefits for socio-economic growth and development can only be attained if a specific relations initiative and ensuing agreement are needs driven rather than demand driven. In the light of changes in the local sphere and increasing challenges, the nature of Municipal Relations should be substantial, focused and project based with measurable objectives and tangible results vis-à-vis the ceremonial character of previous international relationships. The White paper on Local Government acknowledged the value of well-co-ordinated and performance based Municipal International Relations initiatives, programmes projects, the recommendation that a National Policy Framework on municipal International Relations for South Africa devised to guide municipalities in the conduct of their international relations. The White Paper Recommendation resulted in the Municipal International Relations National Policy Framework for South Africa", issued by the Ministry for Provincial and local Government in July 1999. This National Policy Framework, hereto attached as Annexure "A" forms the basis of the Municipal International Relations Policy of the EMM. In support of the views of National and Provincial Government, as well as SALGA, international relations should be carefully selected in order to ensure socioeconomic benefits to Council.


For the purposes of this item, the following definition is provided: "twinning and/or cooperative agreement" refers to an agreement between the SPLM and foreign (national and international) cities or states concerning formalised programmes for cooperation and relations to ensure benefit to the council in achieving its goals and objectives, long term strategy, strategic priorities and priorities in terms of the IDP. With this background, during the visit at the King Sabata Dalindyebo Municipality, as part of the Nelson Mandela Memorial Precinct Project, being the municipality under which the Mvezo Tribal Village and Ward falls, the two Executive Mayors, after intensive discussions agreed to enter into a twinning agreement as informed by the following objectives:

- To support the attainment of the strategic priorities of the two cities within the national framework, to promote economic growth and development through heritage and tourism

- To mutually build leadership, technical and managerial capacity and expand the culture of learning in Financial Management and Compliance areas of performance between the municipality

Annexures Annexure A: Municipal International Relations National ANNEXURE Policy Framework for South Africa", p 1 - 6 Annexure B: Signed Twinning Agreement between Sol Plaatje Local Municipality and King Sabata Dalindyebo Municipality Motivation

As above.

Personnel Implications No personnel implications. Financial Implications The execution of the twinning agreement may involve travelling between the municipalities. Each city will carry its own cost of travelling in line with their policies and within the allocated budgets for this purpose. Legal Authority and Implications

Municipal International Relations National Policy Framework for South Africa", Consultation The Executive Management Team

Contact Person Manager in the Office of the Executive Mayor: Mr. G. Mosimane


RECOMMENDATION:

That Council notes the twinning agreement and its details

EM245/10/17 EXECUTIVE MAYOR RESOLVED TO RECOMMEND TO COUNCIL:

That the report be noted.

2. EM252/10/17 / ECN65/09/17: Report on Kim Fest 2016 (MTN Joyous Celebration) Mrs Neo Poolo 10 March 2017

Purpose The purpose of this Item is to submit report on Kim Fest (MTN Joyous Celebration) to the Economic Development, Urban Renewal & Tourism Committee as supplement to the presentation that will be made by Zimko Promotions. Background With Sol Plaatje Municipality currently positioning itself as events destination, Kim Fest was one of the events that SPM sponsored considering that it is seen as aligning to the objectives of the municipality, among which is the promotion of the city and growing tourism inflow to the city. This Gospel festival took place at Mittah Sepere Convention Centre (MSCC) on the 29th October 2016. Annexures Report on Kim Fest

ANNEXURE p. 41 – 48

(Previously distributed per agenda dated 29.08.17)

Motivation Events that draw tourists from all over the country or surrounding areas are seen as potential tourism promotion vehicle that will help the municipality to achieve its goals. Personnel Implications None Financial Implications Does this item have any financial implications? Yes X No

Vote No : 2112232360G11IQMZZ7E

Amount Budgeted : R 1 450 000.00


Amount Committed : R 300 000.00

Sol Plaatje Municipality has sponsored the event with the amount of R 300 000.00 as contribution

towards the implementation of the 2016 Kim Fest.

Legal Authority and Implications White paper on promotion & development of tourism in SA, Mzansi Golden Economy Strategy National Tourism Sector Strategy (NTSS) Provincial Tourism Strategy Frances Baard District’s Tourism Strategy Draft SPM’s Tourism Strategy Consultation Municipal Manager ED: SED&P, CFO General Manager: LED Contact Person Mrs Neo Poolo Tourism Manager Contact number: 053 830 6779/80

RECOMMENDATION

That Council approves the funding, amount to be finalised by the ED: SEDP and the CFO for the event based on availability of funds.

At the Economic Development Committee meeting held on 15.06.17 it was resolved to recommend to Executive Mayor per resolution ECN35/06/17: As recommended At the MAYCO meeting held on 19.07.17 it was resolved per resolution EM204/07/17: That the item be referred back to the Economic Development, Urban Renewal and Tourism

committee to submit a clear amount budgeted for the event in the recommendation.

FOR SUBMISSION OF CLEAR BUDGETED AMOUNT

EM252/10/17 / ECN65/09/17 EXECUTIVE MAYOR RESOLVED TO RECOMMEND TO COUNCIL:

That Council approves funding for the event in the budgeted amount of R400 000.

__________________________________________________________________________


3. EM253/10/17 / ECN66/09/17: Report on Movie Night Under The Moon (MNUM) Mrs Neo Poolo 10March 2017

Purpose The purpose of this Item is to submit report on Movie Night Under The Moon (MNUM) to the Economic Development, Urban Renewal & Tourism Committee as supplement to the presentation that will be made by Investong Events. Background With Sol Plaatje Municipality currently positioning itself as events destination, Movie Night Under the Moon was one of the events that SPM sponsored considering that it is seen as aligning to the objectives of the municipality, among which is the promotion of the city and growing tourism inflow to the city. This family out door event took place at West End Cricket Club on the 19 November 2016. Annexures Report on MNUM








towards the implementation of the 2016 MNUM, SLA to that effect was developed and entered

into by both parties ( SPM and Investong Events).

Legal Authority and Implications White paper on promotion & development of tourism in SA, Mzansi Golden Economy Strategy National Tourism Sector Strategy (NTSS) Provincial Tourism Strategy


Frances Baard District’s Tourism Strategy Draft SPM’s Tourism Strategy Consultation Municipal Manager ED: SED&P, CFO General Manager: LED Contact Person Mrs Neo Poolo Tourism Manager Contact number: 053 830 6779/80

RECOMMENDATION That Council approves the funding, amount to be finalised by the ED: SEDP and the CFO for the event based on availability of funds.

At the Economic Development Committee meeting held on 15.06.17 it was resolved to recommend to Executive Mayor per resolution ECN36/06/17: As recommended At the MAYCO meeting held on 19.07.17 it was resolved per resolution EM205/07/17: That the item be referred back to the Economic Development, Urban Renewal and

Tourism committee to submit a clear amount budgeted for the event in the

recommendation.


EM253/10/17 / ECN66/09/17 EXECUTIVE MAYOR RESOLVED TO RECOMMEND

TO COUNCIL:


__________________________________________________________________________ 4. Report on Metro FM Heatwave 2016 Mrs Neo Poolo 10 March 2017

Purpose The purpose of this Item is to submit report on Metro FM Heatwave to the Economic Development, Urban Renewal & Tourism Committee as supplement to the presentation that will be made by Wydex Promotions. Background With Sol Plaatje Municipality currently positioning itself as events destination, Metro FM Heatwave was one of the events that SPM sponsored considering that it is seen as aligning to the objectives


of the municipality, among which is the promotion of the city and growing tourism inflow to the city. The event took place at West End Cricket Club on the 17th December 2016. Annexures Report on Metro FM Heatwave



Motivation Events that draw tourists from all over the country or surrounding areas are seen as potential tourism promotion vehicle that will help the municipality to achieve its goals. Personnel Implications None Financial Implications





towards the implementation of the 2016 Metro FM Heatwave, SLA to that effect was developed

and entered into by both parties (SPM and Wydex Promotions).


RECOMMENDATION





recommendation.


EM254/10/17 / ECN67/09/17 EXECUTIVE MAYOR RESOLVED TO RECOMMEND TO COUNCIL:


__________________________________________________________________________ 5. EM255/10/17 / ECN68/09/17: Report on the Gariep Arts Festival 2016 Mrs Neo Poolo 10 March 2017

Purpose The purpose of this Item is to submit report on The Gariep Arts Festival to the Economic Development, Urban Renewal & Tourism Committee as accompaniment to the presentation that will be made by Gariep Arts Festival (NPC). Background With Sol Plaatje Municipality currently positioning itself as events destination, Gariep Arts Festival was one of the events that SPM sponsored considering that it is seen as aligning to the objectives of the municipality, among which is the promotion of the city and growing tourism inflow to the city. The event took place at Oppenheimer Gardens from the 1st – 4th September 2016. Annexures Report on Gariep Arts Festival



Motivation Events that draw tourists from all over the country or surrounding areas are seen as potential tourism promotion vehicle that will help the municipality to achieve its goals.


Personnel Implications None Financial Implications Does this item have any financial implications? Yes X No

Vote No : 2112259264411IJ1ZZ7E


Amount Committed : R 1 500 000.00

Sol Plaatje Municipality has sponsored the event with the amount of R 1 500 000.00 as

contribution towards the implementation of the 2016 Gariep Arts Festival.


RECOMMENDATION




recommendation.



EM255/10/17 / ECN68/09/17 : EXECUTIVE MAYOR RESOLVED TO RECOMMEND TO COUNCIL: That Council approves funding for the event in the budgeted amount of R1 600 000.

__________________________________________________________________________ 6. EM256/10/17 / ECN69/09/17: Report on Barney Barnato Golf Tournament Mrs Neo Poolo 10 March 2017

Purpose The purpose of this Item is to submit report on Barney Barnato Golf Tournament to the Economic Development, Urban Renewal & Tourism Committee as supplement to the presentation that will be made by Kimberley Golf Club. Background With Sol Plaatje Municipality currently positioning itself as events destination, Barney Barnato Golf Tournament was one of the events that SPM sponsored considering that it is seen as aligning to the objectives of the municipality, among which is the promotion of the city and growing tourism inflow to the city. The golf tournament event took place at Kimberley Golf Glub from the 22nd until 29 October 2016. Annexures Report on Barney Barnato Golf Tournament




Vote No : 2722232360G11IUQZZ7E

Amount Budgeted : R 560 000.00




towards the implementation of the 2016 Barney Barnato Golf Tournament, SLA to that effect was

developed and entered into by both parties (SPM and Kimberley Golf Club). Legal Authority and Implications White paper on promotion & development of tourism in SA, Mzansi Golden Economy Strategy National Tourism Sector Strategy (NTSS) Provincial Tourism Strategy Frances Baard District’s Tourism Strategy Draft SPM’s Tourism Strategy Consultation Municipal Manager ED: SED&P, CFO General Manager: LED Contact Person Mrs Neo Poolo Tourism Manager Contact number: 053 830 6779/80

RECOMMENDATION


At the Economic Development Committee meeting held on 15.06.17 it was resolved to recommend to Executive Mayor per resolution ECN39/06/17: As recommended At the MAYCO meeting held on 19.07.17 it was resolved per resolution EM208/07/17: 1. That the item be referred back to the Economic Development, Urban Renewal

and Tourism committee.

2. That the CFO consults with the MM, ED: SEDP and the LED Chairperson regarding the

allocation of the R25 000 seeing that the funds for grants is 100% spent.

FOR DISCUSSION EM256/10/17 / ECN69/09/17 EXECUTIVE MAYOR RESOLVED TO RECOMMEND

TO COUNCIL:



7. EM259/10/17 / ECN72/09/17: Tram Mrs N. Poolo 24 July 2017

Purpose The purpose of this Item is to report and submit to the Economic Development, Urban Renewal & Tourism Committee on:

Newly developed tram brochure, Challenges experienced with regards to tram rides, Request for clear directive/decision with regards to re-opening of Bultfontein Road, The revenue generated during the 4th quarter (April, May and June) of financial year

2016/17, Background As it is known, Kimberley was the first town in Africa to have electrical streetlights and the Kimberley tram made its first journey in 1887. The Tram first started transporting people to the ever-expanding Big Hole in 1887 and today you can take a 15 -20-minute ride on the vintage orange tram around the Big Hole for R10, starting at the Kimberley Mine Museum, the tram heads from the museum past historical features such as the original mining shaft and the authentic West End bar, round the Big Hole to the viewing deck where visitors have a visceral view into it. It also passes some of Kimberley’s most historic sites such as the Head Office of the De Beers Consolidated Mines Ltd and the original Big Hole mine dumps. In addition to tour packages that the tourism office has developed, the tram brochure has also been developed with the objective of providing more detail on the tram ride, the route and the pricing and the map attached to it. This brochure is used at the Information Centre and various exhibitions that the tourism personnel attends in order to promote Kimberley’s tourism attractions and experiences that it offers. Challenges experienced with the tram rides:

State of cleanliness along the tram route: State of the route along which the tram rides is not appealing to the tourists due to the dirt that is constantly there. The grass if cut, just gets left in heaps without being removed to the dumping sites and this further becomes a sore sight to the tourists who ride along the tram route and the comments that the tram staff usually gets are very disturbing but true about the state of the cleanliness in the route.

Shortened route due to closure of Bultfontein: It should be noted that the tram used to ride through Bultfontein Road to the City Hall, this has since changed from March 2008 when Bultfontein Road was closed to date. The tram now only rides a distance of 1,7km from the Big Hole to just behind Tile Africa where the Bultfontein has been closed. The challenge with this is that the tourists are dissatisfied with the half route that the tram takes and as result of this, there’s no way that the tourism office can even increase the pricing for tram ride as the tourists already feel that they are being ripped off by paying R10.

Public indecency caused by taxi commuters/operators where the tram turns: Another challenge is that the operators and commuters of the taxis that are believed to even be operating illegally at the Bultfontein Road, relieve themselves publicly in full view of the tourists and even when they see the tram approaching, they are never bothered.


This not only forces the tourists on the tram to be exposed to such public indecency but also to the stench and terrible smell emanating from such acts and it further portrays Kimberley which SPM through the tourism office tries to promote as a destination but the tourists leave perturbed by the horrible state of our city and word of mouth is unfortunately a powerful tool which in this case disadvantages the city.

The tourism office is usually flooded with complaints of similar nature about the state of the tram route and this is usually a challenge as the tourism office’s responsibility is to market and promote the city together with unique tourism and heritage assets such as the tram but the responsibility of ensuring that not only the tram route is clean but the entire city lies with various other departments. The Tourism office identified the risk with regards to cash collection process before the tram rides. As a way to address the risk, the cash register has been bought and installed whereby the tourists will first go to the tram ticket office, pay and then be provided with a ticket which they will present to the tram operators before they embark on the tram. This was done through the assistance and engagement with Revenue Manager, IT Department and Traffic Department. The challenge experienced is that for cash register to be managed correctly, there has to be someone it fully at all times and the tram operators can’t operate the tram and man the ticket office, and consideration also has to be made for weekends and public holidays. Annexure Description Tram Brochure Pictures taken along the tram route Email received from De Beers Marketing Manager



Motivation The tram is a vital draw card for attracting tourists into the city as it provides a unique experience of the mode of transport as was used during the era of the Diamond Rush into Kimberley. Personnel Implications LED General Manager Tourism Manager, Senior Tourism Officer, Tram Driver/Conductor, Financial Manager Traffic Department Revenue Collection Manager Financial Implications Does this item have any financial implications? Yes X

Below is the summary for income generated:


It should be noted that the cost for return-trip ride per person is R10.00 and can only be increased

if Bultfontein Road can be reopened.

Targeted Income for the year 2016/17 - R 60 000.00 Income Generated Vote Number : 2722142121011ZZZZ7E Amount Budgeted : R 60 000.00 Amount Generated/ Available : R 39 580.00 (as at 30th June 2017) First Quarter Income Generated for July 2016 : R 1 970.00 (197 tickets sold) Income Generated for August 2016 : R 3 320.00 (332 tickets sold) Income Generated for September 2016 : R 3 160.00 (316 tickets sold) Total Income Generated in the 1st Quarter : R 8 450.00 (845 tickets sold) Second Quarter Income Generated for October 2016 : R 7 240.00 (724 tickets sold) Income Generated for November 2016 : R 2 540.00 (254 tickets sold) Income Generated for December 2016 : R 8 040.00 (804 tickets sold) Total Income Generated in the 2nd Quarter : R 17 820.00 (1 782 tickets sold) Third Quarter Income Generated for January 2017 : R 600.00 (60 tickets sold) Income Generated for February 2017 : R 2 230.00 (223 tickets sold) Income Generated for March 2017 : R 3 040.00 (304 tickets sold) Total Income Generated in the 3rd Quarter : R 5 870.00 (587 tickets sold) Fourth Quarter Income Generated for April 2017 : R 4 500.00 (450 tickets sold) Income Generated for May 2017 : R 2 020.00 (202 tickets sold) Income Generated for June 2017 : R 920.00 (92 tickets sold) Total Income Generated in the 4th Quarter : R 7 440.00 (744 tickets sold) The overall tram revenue generated for 2016/17 financial year amounts to R 39 580.00 (66% was obtained). It should be noted that the Kimberley Vintage Tram operates through a supply of electricity with a voltage of 500 Direct Current (DC), in some instances the tram will not be operational because of rainy weather as this may pose serious risk to tram operators and tourists such circumstances also affect the revenue generation. Legal Authority and Implications White paper on promotion & development of tourism in SA, 1996 Railways Safety Regulator SANS Standards Consultation ED: SED&P, Chief Financial Officer, Revenue Collection Department,


LED General Manager, IT Department, Finance Manager, Traffic Department. Contact Person Mrs Neo Poolo Tourism Manager Contact number: 053 830 6780

Comments It was noted that tourists have been complaining on the state of cleanliness at the taxi rank (which forms part of the tram route). A group of volunteers have approached council for purposes of cleaning the city – that a meeting be arranged with them to pledge support and provide an incentive. That the issue of re-opening Bultfontein Road be addressed as a matter of urgency at the Mayoral Committee and further same discussions inter-departmentally to see how best the process may unfold. That local crafters become visible at the City Hall to promote economic empowerment. It was noted that the property of the Tourist Information Centre was taken over by NOCCI. The Chairperson tasked the Tourism Manager to investigate the matter and provide feedback to the committee.

EM259/10/17 / ECN72/09/17 EXECUTIVE MAYOR RESOLVED TO RECOMMEND

TO COUNCIL:

It is therefore recommended that the Economic Development, Urban Renewal & Tourism Committee recommends to the Executive Mayor and Council: 1) That the various departments assist in terms of not only keeping the tram

route clean but also the entire city. 2) That a clear directive/decision be provided with regards to re-opening of the

Bultfontein Road for tram to ride from the Big Hole to the City Hall as a matter of urgency.

3) That some control be placed by the relevant department with regards to the

operation of the taxi rank at the Bultfontein Road.


8. EM262/10/17 / ECN75/09/17: 053 Concert (Mrs N Poolo) 29 August 2017

--------------------------------------------------------------------------------------------------------------------------- Purpose The purpose of this item is to request the Economic Development, UR & Tourism Committee to endorse and support Manaka Productions with regard to the 053 Concert that they will be hosting on 30 September 2017. Background The 053 concert is an annual outdoor youth festival that takes place on 30 September at Galeshewe Arena. The event based on the two pillars of music and dance was founded by a company called Manaka Productions and named after Kimberley’s dialling code (053). The event has a well curated young line-up of Northern Cape artists and well-recognized national artists such as Okmalumkoolkat, Shane Eagle, DJ Thuli P, De Mogul SA and Big Star. The youth festival allows many young people across the province the opportunity to an event that has their identity on it and most importantly allows micro businesses to test, expand, innovate and market rapidly. Manaka Productions aims to make the event a new innovation around the city of Kimberley and Galeshewe. The following are their proposed sponsors: Event Partners, Sol Plaatje Tourism, Northern Cape Tourism Authority, Department of Arts & Culture, Audi Kimberley & Northern Cape Express & Media 24. Annexure Description Proposal (053 Concert).

ANNEXURE p. 161 - 171

Motivation The goal of constant growth and awareness around all businesses involved and the innovation of young people is aligned with the objectives of Sol Plaatje Municipality’s Tourism. 053 Concert supports the development of micro businesses for local entrepreneurs. It incorporates a policy which encourages local employment and training, healthy food stalls, art stalls, clothing and merchandise stalls. The list of small business participation and development has grown to over 20 in the 2017 addition. A significant benefit is that of the local public transport and economic investment. Together with our micro businesses in Galeshewe, the increase in spending and injection of money goes into the growth of the economy: Increased Expenditure, Creation of employment, Increase in labour supply, Increase in value of real estate, Increased local investment development. The proposal for 053 concert aligns perfectly with the objectives of the Sol Plaatje Municipality in terms of positioning and profiling as the destination for events. Their event is unique in a sense that it is managed by a group of University students with diverse skills and competencies and their target market is mainly the youth. What makes their proposal more interesting is the collaboration aspect that they indicate with regards to working with local clothing designers, food vendors, local photographers, 17 local artists and various local micro businesses. The nature of their event will attract people from various provinces to the city, thus promote tourism and also create job opportunities. National events are important motivators of tourism and


they greatly influence the development of our city and community. The 053 Concert presents a prime opportunity for visitors to get to know the local culture and experience the essence of gaining a deeper experience of the ambience and culture of Kimberley. The 053 Concert will enhance the reputation and attractiveness of certain destinations, attracts tourists and aid in raising the awareness and image of our community. Personnel Implications Tourism officials Financial Implications Does this item have any financial implications? Yes X

No ☐

Amount Required : R 20 000.00

From the Tourism sub-unit, we propose that Manaka Productions be sponsored with the amount

of R20 000. It is further requested that the office of the Executive Mayor of Sol Plaatje assists by

purchasing 100 tickets towards the event. Legal Authority and Implications White paper on promotion & development of tourism in SA, Municipal System Act 2000- Section 26 (e), National Tourism Sector Strategy, FBDM Tourism Strategy, SPM Tourism Strategy, Consultation Municipal Manager ED- SED&P, General Manager-LED, Contact Person Mrs N. Poolo Tourism Manager Contact number: 053 830 6779/80

EM262/10/17 / ECN75/09/17 EXECUTIVE MAYOR RESOLVED TO RECOMMEND TO COUNCIL

1. That Manaka Productions be sponsored with the

amount of R20 000.

2. That the office of the Executive Mayor of Sol Plaatje assists by purchasing 100 tickets towards the event.

____________________________________________________________________________

23 AGENDA Ordinary Council meeting MAYCO 06 December 2017 15 November 2017 F2. RECOMMENDATIONS TO COUNCIL BY EXECUTIVE MAYOR

1. EM269/11/17: Salary increases (G H Akharwaray) 7 August 2017

--------------------------------------------------------------------------------------------------------------------------- Purpose The purpose of this item is to inform Council of the agreed upon salary increases of permanent and temporary/casual/contracted employees as well as salary increases of staff of fixed term contracts of employment, respectively. Annexures Collective Agreement ANNEXURE Employment contracts of permanent and fixed term employees p 1 - 6 Approved Budget – Table A4 Background Government Gazette No. 37245 published on 17 January 2014, paragraph 4 stipulates that a staff establishment must provide for permanent posts and fixed term posts. Additional to this, the municipality also appoints staff on a temporary/casual and contract basis to execute and complete tasks within a specified time period. The contracts of employments of the latter normally determine the terms and conditions of employment, including entitlement to annual salary increase, if the contract stretches beyond one financial year. The main collective agreement, however, is very clear in terms of exclusion and the following is a summary:

- the collective agreement does not entirely apply to Section 56 and 57 managers,

except for clauses listed in the paragraph, being Section Clause 11 and 74 and

Section O clauses 16 & 17;

- the collective agreement also indicates that employees appointed on contract basis,

shall be subjected to the terms and conditions as agreed upon at the time of signing

the agreement;

- for fixed term contract, it is stated in their contracts of employment, that their annual

salary increases shall be aligned with the outcomes of collective agreement and,

shall be subjected to all terms and conditions of the collective agreement.

SALGA, IMATU & SAMWU had signed a 5-year agreement with the expiry date of 30 June 2020, whilst the Wage Collective Agreement is definite for 3 years up to 30 June 2018. Budgeted salary increases The budget assumptions made during the budget process took note of the inflation of the last quarter of 2017 calendar year, and making reference to the percentile adjustments during wage negotiations. A 7, 36% salary increase was budgeted for, which became the final percentage increase for 2017/18 financial year as per the agreement. Contract workers, in the mainstream, including professionals, managers reporting directly to the municipal manager, seasonal workers/temporal and contract were provided for when budgeting for employee related costs for 2017/18. Budget for employee costs is based on


the approved organogram, and for posts that were occupied as at the date of approval, as well as those that were vacant and funded based on the 2014/15 financial year’s budget. No new position as per the organogram has been budgeted for, as these are subject to the approval of the financial and budgetary implications of the approved organogram, as per the resolution of Council. Employee costs as budgeted excludes the valuation of post-employment benefits, which are affected by other circumstances other than the employee earnings at the date of estimating these costs. Implementation As per the ministerial determination, all EPWP has increased from R78, 86 per day to R83, 59 per day from 1 November 2016, tariff which shall apply until the next determination is issued. All permanently employed and contract/casual and temporary worker’s salaries had been adjusted by 7, 36% as per the guidelines provided by SALGA for 2017/18. The salary packages of the Municipal Manager and the senior managers directly accountable to the Municipal Manager had been adjusted by 7, 36% on their total remuneration packages. The employment contracts of managers agree to this implementation. Other staff All permanent employment, fixed term contract, contract, temporal and casual/seasonal workers had received a 7, 36% annual increase on their salaries with effect from 1 July 2017, in accordance with the main collective agreement, salaries and wages collective agreement and terms of employment as stipulated in the contracts of employment, respectively. Summary of increases

- Section 57 (Municipal Manager) 7, 36& on TRP

- Section 56 Senior Managers 7, 36% (conditions of employment contract)

- Permanent staff – 7, 36% (Main Collective Agreement)

- Contract employees (temporal, casual, seasonal) 7, 36% (Main Collective

Agreement)

- EPWP and Project workers – daily wage as determined by the Minister of Labour

Financial implications In implementing the 7, 36% increase, the total budgeted employee costs is R679 381 000.00 for 2017/18 as per the approved budget. Consultation Executive Management, Executive Mayor and Chairperson – Corporate Services (Cllr F Kruger). Contact person Ms R Sebolecwe


ED: Corporate Services Contact number: 053 8306706 Ms Z L Mahloko Chief Financial Officer Contact number: 053 8306500 Mr G H Akharwaray Municipal Manager Contact number: 053 8306101 At the Special Council meeting held on 18 August 2017 it was resolved per resolution C114/08/17: That the matter be referred back to the Mayoral Committee for further discussion since staff increments must be performance-based in terms of the quality of services rendered. Additional Information After discussions with the Executive Mayor and the CFO the matter is re-tabled for noting. The increments are not performance based increments but SALGBE agreements on cost living adjustments. At the Mayoral Committee meeting held on 18 October 2017 it was resolved per resolution EM244/10/17: That the item be referred to a Special Mayoral Committee meeting.

FOR INFORMATION The Finance Chairperson informed the meeting that:

The Municipal Manager presented an item on salary increases for section 56

appointments to council.

The salary increases were referred pending delivery of certain matters that the

Executive Mayor addressed.

SALGA issued a circular for a cost of living adjustment which is a minimum of 5%

against the 6.36% inflation rate for the last year.

EM269/11/17: RESOLVED:

1. That the report be noted.

EXECUTIVE MAYOR RESOLVED TO RECOMMEND TO COUNCIL: 2. That council approves a 5% increase for the Municipal Manager

and section 56 appointments (i.e. executive directors and the chief

financial officer.)

3. That the increase is not performance based but an annual

adjustment which is compulsory in accordance with the

employment contracts.


2. EM289/11/17 / SS32/10/17: Firearm Management Policy (J B Anthony) 23 June 2017

Purpose: To submit the draft Firearm Management Policy to the Safety and Security Committee for approval. Background The Sol Plaatje Municipality is registered as an Official Institution in terms of the Firearms Control Act, 60 of 2000. Find attached the draft Firearm Management Policy which is a framework for the Sol Plaatje Municipality with regards to all aspects involving firearms at the Sol Plaatje Municipality. Annexure Description Draft Firearm Management Policy

ANNEXURE p. 1 - 11

Motivation The draft Firearm Management Policy to be approved. Personnel Implications None Financial Implications None Legal Authority and Implications This policy is informed by and complies with applicable national legislation, national security policies and national security standards. Consultation Security Services, Traffic Services, Executive Director: Corporate Services, Municipal Manager Contact Person J B Anthony Manager: Security Services Contact number: X 6218

RECOMMENDATION: That the Safety & Security Committee recommends to Council to approve the Draft Firearm Management Policy.


SS32/10/17 RESOLVED TO RECOMMEND TO EXECUTIVE MAYOR:

1. That the legislative and regulatory requirements as reflected in the policy be noted.

2. That Draft Firearm Management Policy be adopted and be

presented to the Executive Mayor for endorsement. 3. That the policy be placed on the municipal website for awareness

to departments.

EM289/11/17: RESOLVED:

That the Firearm Management Policy be presented at an Informal Council meeting scheduled for 22 November 2017.

EXECUTIVE MAYOR RESOLVED TO RECOMMEND TO COUNCIL:

1 – 3 As recommended.

____________________________________________________________________________

28

AGENDA Ordinary Council meeting Ward Participatory 06 December 2017 10 October 2017

G. NEW MATTERS FOR CONSIDERATION FROM SECTION 79 COMMITTEES

1. WP08/10/17: Ward Committee Elections 2nd Phase from 30 – 31 July 2017 & 4th August 2017

(Mr Josephs, Ms Oktober & Mr Suliman)

Purpose:

To report back on the Ward Committee Elections 2nd Phase from 30 – 31 July 2017 & 4 August 2017.

Background

Sol Plaatje Municipality has established Ward Committees, to enhance and promote participatory democracy in its affairs to encourage participation in governance affairs, in accordance with §72 of the Municipal Structures Act, SPM Ward Committee Policy 2016 and the Terms of Reference 2017.

The Constitution of the Republic of South Africa provides for a local government system whose objective is to:

Provide democratic and accountable government for local communities

Ensure the provision of services to communities in a sustainable manner

Promote social and economic development

Encourage the involvement of communities and community organisation in matters of local government

Chapter 4 of the Municipal Systems Act entreats municipalities and other structures of governance that complements formal representative government with a system. For that purpose, it encourages and create conditions for the local community to be heard by Council in its formulation of strategies, policies and plans. Motivation

The Policy on Ward Committees was approved by Council per resolution C315/11/16 dated 7 November 2016 and Terms of Reference per resolution C20/03/17 dated 9 March 2017 to comply with the legislative framework on participatory governance and to give voice to the broader community in the affairs of the Municipality. C20/03/17 dated 9 March 2017: 1, 3, 7, 8, 10, 11, & 12 be noted

C23/03/17 dated 22 March 2017 11, 12, 14, 15, 16, 17, 18, and 19 be noted

All the other resolved points be excluded based on the 2nd phase of the process due to some of the points refer to the initial 8-day election and its implications. Interim Electoral Committee Members

The Electoral Executive Committee conducts and oversees the election process of members of the ward committee and report to the Ward Participatory on the results. C14/02/17 (2) resolved that the committee be established. The established Committee were unable to fulfil their electoral duties for reasons unknown.

29



Therefore, the Speaker in consultation with the Chief Financial Officer identified an interim Electoral team to facilitate and conclude the Re-run/ 2nd phase of the Ward Committee Elections namely:

Ms K Oktober Mr Z Suliman Mr M Josephs

Election results

The election process ran smoothly in the respective wards, however we have encountered ailments of violence and anarchy at Phutanang were a criminal case was opened. The Election Team adapted and responded well to the situation. The 2nd phase of the Ward Committee Elections ran over a period of 2 days, however a 3rd day was necessitated to address and to deal bottle neck impediments. The results were conclusive and verified by the Internal Auditors.

ANNEXURE p. 1 - 11

Personnel Implications

Sol Plaatje Municipality officials were identified with credible election experience and provide assistance with the Re-run/ 2nd phase of Ward Committee Elections 2017.

Interim Electoral Committee:

3 members

Internal Audit:

3 members

Teams per ward 5 members:

Presiding Officer

(2x voters roll officers, 1 ballot paper issuer, 1 booth controller)

ANNEXURE p. 12 - 14

Legal authority

Municipal Finance Management Act (Act No 56 of 2003) Municipal Systems Act (Act No 32 of 2000 as amended) Municipal Structures Act (Act No 117 of 1998) Ward Participatory Committee Policy approved per resolution C315/11/16 dated 7 November 2016. Approved Terms of Reference for ward committee elections C20/3/17 dated 9 March 2017. Financial implication

The baseline for remuneration of Sol Plaatje officials will be determined by the Chief Financial Officer. The Internal Audit Unit and Security officials were also present to render its services to ensure credible results and holistically provide assistance.

30



Consultation

Speaker Municipal Manager COGHSTA and SALGA delegated members Chief Whips of all political parties Contact persons

Ms K Oktober - ext x6791 Mr M Josephs – ext x6065 Mr Z Suliman – ext x6133 RECOMMENDATION:

That wards 1 - 33 be approved as per the attached election results.

WP08/10/17: RESOLVED TO RECOMMEND TO COUNCIL:


__________________________________________________________________________

31

AGENDA Ordinary Council meeting MPAC 06 December 2017 8 November 2017


1. MPAC41/11/17: Irregular, Fruitless and Wasteful expenditure incurred during 2016/2017

(CFO: Ms Z.L. Mahloko) 30 August 2017

Purpose The purpose of this report is to submit fruitless and wasteful expenditure incurred during 2016/18 financial year. For noting / for decision by The following options exist in terms of noting / for decision by:

Council (to approve)

The item/report has been considered by a portfolio committee. This item is for decision by Council.

Background The Municipal Finance Management Act 56 of 2003 defines fruitless and wasteful expenditure as expenditure made in vain and could have been avoided had reasonable care been exercised. The approved policy defines the process for identification of fruitless and wasteful expenditure to be followed by the Accounting Officer or his delegate. During the year 2016, SARS reviewed the VAT returns submitted during the period 2010/05 to 2015/01. During the review of submissions, an onsite audit was conducted. Their audit revealed that there were items that were VAT payable and the municipality did not pay the VAT on such items and penalties were levied on late payment on such items. The total penalty that was charged amounted to R 1 324 319.59. Annexures Payment documents: SARS

ANNEXURE p. 1 - 27

Motivation

MFMA Section 32 requires that irregular, fruitless and wasteful expenditure must be

investigated, depending on the outcomes of investigations, that the committee appointed by

Council to conduct investigations make recommendations to;

- Recover the expenditure from officials or councillors involved

- Recommend write off of irregular, fruitless and wasteful expenditure

The MPAC as the committee delegated with the powers to investigate these matters, is hereby

presented with the reports for investigation and recommendation to Council.

Personnel Implications None

32



Financial Implications There shall be no additional financial implications, other than as budgeted for. Legal Authority and Implications

The Municipal Finance Management Act 56 of 2003

Consultation The Municipal Manager, all Executive Directors and Senior Managers were consulted.

Contact Person Chief Financial Officer: Ms. Z.L. Mahloko For enquiries Chief Financial Officer – Z.L. Mahloko

RECOMMENDATION:

It is resolved to recommend to Council:

That the MPAC investigates the fruitless and wasteful expenditure incurred for quarter 1 to 4 of the 2016/17 financial year as per the annexures.

Comments The reason for under-payment was as a result of system changes in VAT legislation that management was unaware of at the time. A VAT audit is required every five years via a service provider appointed by the municipality to make timely corrections, if necessary, before SARS conducts their audit. It was proposed that a process of appeal against the SARS opinion be lodged. The MPAC must meet with management to chart the way forward since SARS needs to justify their action. In future, the MPAC will be notified when this issue re-occurs in order to develop a strategic approach. At the Special MPAC meeting held on 30 August 2017 it was resolved per resolution MPAC37/08/17: That the matter be held in abeyance for investigation and be discussed further at the next meeting.

MPAC41/11/17 RESOLVED TO RECOMMEND TO COUNCIL:

1. That the MPAC agrees to write off the fruitless and wasteful expenditure incurred during 2016/17.

2. That the CFO prepares a report for a Special MPAC meeting

in which the entire payment documents for SARS will be scrutinized to formulate recommendations to Council.

__________________________________________________________________________

33



2. MPAC44/11/17: Submission of Section 71 Monthly Budget Statement: July & August 2017

(Mrs) ZL Mahloko 13 September 2017

Purpose The purpose of this report is to submit the monthly budget statement for the month of July & August 2017. Background The guidelines for the establishment of MPAC’s requires that the committee be provided with the monthly budget statement submitted to the Executive Mayor for interrogation or request for more detailed information it is for the fulfilment of this requirement that the report is submitted. Annexure description Monthly Budget Statement – July & August 2017 ANNEXURE

p. 1 - 89 Financial Implications None Legal Authority and Implications Guidelines for the establishment of MPAC; MFMA 56 of 2003; Terms of reference of MPAC Consultation Chairperson of MPAC, CFO and Accounting Officer Contact Person Mrs ZL Mahloko Chief Financial Officer Contact number: 053-8306500 FOR INFORMATION

MPAC44/11/17 RESOLVED TO RECOMMEND TO COUNCIL:


34



3. MPAC45/11/17: Submission of the final version of Annual Report 2015/16 (Executive Mayor Cllr O M Matika) 17 August 2017

--------------------------------------------------------------------------------------------------------------------------- Purpose The purpose of this item is to present the final edited, laid out and designed Annual Report for 2015/16 financial year as approved by Council.

Background The Annual Report for 2015/16 financial year has been approved by Council. Management had since edited, laid out and designed the Annual Report for official publication. Annexures Annual Report 2015/16

ANNEXURE SEPARATE REPORT

Motivation

None

Personnel Implications None Financial Implications None other than budgeted for printing and distribution of the final print version of the Annual Report. Legal Authority and Implications

None

Consultation Executive Mayor – Cllr O M Matika Municipal Manager – Mr. G H Akharwaray Chief Financial Officer – Mrs Z L Mahloko Chairperson of MPAC Contact Person Mrs. Z.L. Mahloko Chief Financial Officer Contact number: 053 8306500

FOR INFORMATION MPAC45/11/17 RESOLVED TO RECOMMEND TO COUNCIL:


35



4. MPAC46/11/17: Submission of Section 71 Monthly Budget Statement: September 2017

(Mrs) ZL Mahloko 12 October 2017

Purpose The purpose of this report is to submit the monthly budget statement for the month of September 2017. For noting / for decision by The item/report has NOT been considered by a portfolio committee. This item is for recommendation by the Executive Mayor to Council.

Background The guidelines for the establishment of MPAC’s requires that the committee be provided with the monthly budget statement submitted to the Executive Mayor for interrogation or request for more detailed information it is for the fulfilment of this requirement that the report is submitted. Annexure description Monthly Budget Statement – September 2017 ANNEXURE p. 1 - 45 Financial Implications None Legal Authority and Implications Guidelines for the establishment of MPAC MFMA 56 of 2003 Terms of reference of MPAC Consultation Chairperson of MPAC, CFO and Accounting Officer Contact Person Mrs ZL Mahloko Chief Financial Officer Contact number: 053-8306500

FOR INFORMATION MPAC46/11/17 RESOLVED TO RECOMMEND TO COUNCIL:

That the report be noted. __________________________________________________________________________

36

AGENDA Ordinary Council meeting SPELUM 06 December 2017 2 November 2017


1 SPL83/11/17: Proposed Rezoning and Subdivision of Consolidated Land Unit Consisting of a Portion of Erf 42653 and Erf 14093 Kimberley, Macdougal Street, El Toro Park (For Township Establishment)

(Ward 26) (15/3 – 42653) Mr O. Marwane 18 August 2015

At a SPELUM committee meeting held 8 June 2017 it was resolved per resolution SPL17/06/17: That the item be held in abeyance for the applicant to conduct a presentation at a Special SPELUM committee meeting. Applicant: MVD Kalahari Town and Regional Planners

P.O. Box 5810 Kimberley 42653 8300 *Registration no. A/578/1988 (On behalf of Mr PA Els & PA Els Family Trust Registration no. IT110/2003)

Property Description: Erf 42653 Kimberley, MacDougal Street, El Toro Park Erf 14093 Kimberley, Botma Street, El Toro Park

Area: Erf 42653 Kimberley - 31.858 Ha Erf 14093 Kimberley – 0.8192 Ha

Present Zoning: Erf 42653 Kimberley - Agricultural Erf 14093 Kimberley - Private Open Space

Restrictive Title Deed Conditions: None

Locality: See Annexure 1 Annexures: 1. Locality Plan

2. Detail Plan 3. Motivation 4. Subdivision Plan 5. Proposed Layout Plan & Erf Sizes 6. Traffic Impact Study 7. Letter of Appointment (EIA) ANNEXURE

p. 1 - 70 Purpose

The purpose of the item is to request the approval of Sol Plaatje Municipality for the following:

Subdivision of Erf 42653 Kimberley into a Remainder and a Portion;

Consolidation of the proposed Portion of Erf 42653 with Erf 14093 Kimberley to establish a development area; and

Proposed rezoning and subdivision of the consolidated land unit to establish the proposed township, as provided for in the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998).

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It is the intention of the applicant to rezone from “Agricultural” zone to “Residential 1, 2 & 3” zones and Business 1, as well as the subdivision of the consolidated land unit consisting of a portion of Erf 42653 and Erf 14093 Kimberley, MacDougall Street, El Toro Park in order to develop a township with mixed uses (i.e. 102 single residential erven, 2 town houses erven, 1 erf for a commercial guesthouse with maximum of 16 units and 1 erf for business purposes (i.e. business and retail only, development of offices and combined retail and offices). Background The properties are situated in the south-western portion of the Kimberley City Centre (CBD) and also west of El Toro Park. MacDougal Street is direct to the north thereof and Bothma Street to the east. Mr PA Els has been in the property development business not only in Kimberley but in various other parts of the country. Vacant land in and around Kimberley were obtained over the years such as the two properties under discussion. Two main reasons as mentioned below to proceed with this development were for the following:

A critical need for single residential and townhouse erven in the wider Kimberley; as well as

The development of the new Medi-Clinic hospital in the south-west of the city whereby;

A need for medical accommodation and other business facilities are anticipated. The following multi-disciplinary team of professional companies were assembled in order to participate in the planning process:

Town and Regional Planners: MVD Kalahari Town and Regional Planners, responsible for the layout design and the motivation application;

Land Surveyor: Coen Fraenkel Land Surveyors, responsible for all contour and cadastral work as well as for the pegging for SG approval;

Civil and Structural Engineers: MVD Kalahari Civil and Structural Engineers, responsible for the provision of the necessary services report to support the application;

Electrical Engineers: Messrs Dihlase Consulting Engineers, responsible for the preparation of an electrical report for the reason as mentioned above; as well as

Environmentalists: Terra Works Environmental, responsible to prepare the necessary Environmental application

The properties under discussion have been in the ownership of the Els family for many years and are believed to be ready for development for reasons mentioned above. It is anticipated that development would be of middle and higher income level consisting of mixed land uses and different housing densities and typologies. History An Item for information purpose was submitted to SPELUM on the 07 November 2016 (SPL77/11/16) and to Council in December 2016 (C 342/12/16) regarding the unavailability of services within the vicinity of Bultfontein. Numerous meeting was held between the Municipality and Developer on how to resolve the issue of Water and Sanitation.

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Motivation by applicant The motivation by the applicant is attached as annexure 3. Financial Implications This development could result in increased rates and services income. Public Participation The application was advertised in the Diamond Field Advertiser (DFA) on 25 May 2015 by this office (Urban Planning Section) and letters were delivered to the adjacent owners for any objections. There were no objections received towards this application. Inter-sectoral Consultation Directorate Community Services: Traffic Services This office has no objection to the proposed rezoning and subdivision of a consolidated land on the above mentioned erven. Directorate Community Services: Health Services This section has no objection to the proposed application, provided that the requirements under the National Health Act, 2003 (Act no 61 of 2003) are complied with. This section reserves the right to call for additional environment health requirements when deem necessary after the completion of the building. Directorate Community Services: Emergency Services Requirements for the approval of the project will be in accordance with all the relevant legislation and SABS Codes (i.e SABS 0400, SABS 087, etc) to ensure that the public -/fire safety requirements are met. These requirements will include amongst others, the following;

(a) the protection of occupants or users therein is ensured and that provision is made for the safe evacuation of such occupants or users;

(b) the spread and intensity of such fire within such building and the spread of fire to any other building will be minimized;

(c) sufficient stability will be retained to ensure that such building will not endanger any

other building; Provided that in the case of any multi-storey building no major failure of the structural system shall occur;

(d) the generation and spread of smoke will be minimized or controlled to the greatest

extent reasonably practicable;

(e) adequate means of access and equipment for detecting, fighting, controlling and extinguishing such fire, is provided;

(f) to ensure that the use, storage and disposal of hazardous materials are in

accordance with legislation and that detailed plans (1:100 scale) be submitted for approval by the Emergency Services;

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(g) The storm water draining should be so developed to cater for at least a 1/10-year

rainwater storm. To provide for connection to Municipal Storm Water Drainage System, special arrangements should be made with the Municipality.

These requirements will be set with receipt of the detail plans of the project. The plans must be circulated to the Emergency Services. Directorate Infrastructure and Services At present no bulk electrical services exists to provide the 11kV backbone supply to the proposed development of a portion of erf 42653 and the consolidated erf 14093, MacDougal Street. The indicated 11kV cable crossing section of Rem erf 42653 cannot be utilized to provide an electrical capacity to this development, as it forms part of the 11kV network that provides electricity to the present Minerva Gardens Retirement Village and proposed future development in the Minerva Garden township, as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street, Kimberley. The following should be included as conditions of approval. 1.) At present no bulk electrical infrastructure exist along section the applicant wishes to develop in MacDougal Street, other that the dedicated 11kV cable installed from MacDougal Street main 66/11kV sub-station to the new Gariep Medi-Clinic hospital that is full reserved for their use only as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street, Kimberley. 2.) This Sub-Directorate Electrical Services has no objection to the development of proposed erven 42653 and rem erf 14093 as applied for by the applicant whom would be responsible for the full cost to extend the present 11kV from the ring main unit situated along the front at erf boundary of the Care line Clinic on erf 43870, along the developed road way of MacDougal Street that is supplied from the new MacDougall Street 66/11kV sub-station as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street, Kimberley. 3.) This Sub-Directorate Electrical Services would permit the applicant appointed registered electrical consultant to install 11kV cable from the erf boundary at erf 43870 Care line Clinic that would have to comply with all municipal standards, which would have to be by an official written application to this Sub-Directorate Electrical Services in order to set out all the requirements that would apply to this application. 4.) On receipt of scaled registered township layout of the proposed development with supporting drawings from the applicant appointed registered electrical consultant from a submit written application indicating the proposed electrical cable layout with load flow studies for this development, including the positioning of all the mini substation within the development of which all electrical equipment, to be utilized in this development would have to comply with all municipal standards before this electrical network is to be energized. 5.) This Sub-Directorate Electrical Services would like to also indicate to the applicant from supporting documentation marked Annexure “A” and “B” that an 11kV cable has been installed

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along the erf boundary of erf 14100 on section of rem erf 42653 as marked up on sketch plan that is protected by a two metre (2m) wide electrical servitude that was agreed upon by the landlord of erf 42653 form supporting documentation Annexure “A” in which no building or construction of any kind may be erected or built and that technical staff from this Sub-Directorate Electrical Services have an unobstructed twenty-four hour (24hr) access to this cable route for maintenance and repair work. 6.) Should any of owners install any three (3) phase machinery on their premises they will be responsible to ensure that the adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate. 7.) The applicants has the responsibility to protect machinery, electronic equipment or any sensitive equipment against power surges. 8.) Where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the installation and commissioning of such units, including PV Solar systems and their metering systems. 9.) Given that occasional power interruptions are inevitable; the customer has the responsibility to take appropriate measures to counter the consequences. 10.) All electrical work done at the above-mentioned erf must be done by a registered electrical contractor acknowledged by this municipality. 11.) All electrical work done at above-mentioned erf would have to comply with the wiring code of practice for premised as set out in the SANS 10142-1 and Occupational Health and Safety Act. 12.) All electrical work done at the above-mentioned erf must be done by a registered electrical contractor acknowledged by this municipality. No person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done. Provided that the supplier may on request connect the supply to the installation for the purpose of testing and completion of the certificate of compliance by the appropriate person. City Engineer: Roads and Stormwater The office of the City Engineer (Roads and Storm Water) raises no objection to the rezoning and subdivision of consolidated land unit consisting of a portion of erf 42653 and erf 14093 Macdougal Street, El Toro Park as presented above. Further submissions must be made to obtain approvals with regards to any intent to changes or affects, which could influence the existing roads and storm water systems in the vicinity, of the proposed site. It is recommended that an Engineer shall be appointed to design any related engineering structures related to any new infrastructure linking to existing roads and stormwater amenities (if needed). Should there be a need for any said additional infrastructure; design shall be submitted to the Office City Engineers (Roads and Stormwater) for approval. Only once approval is granted shall construction commence. This includes (but is not restricted to) the

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construction of the parking area, accesses and the provision of road and stormwater. If there arises any cost from any of the conditions relayed above, it shall be solely for the account of the applicant. City Engineer: Water and Sanitation All new services must be designed by a Consulting Engineer to the depth and location of existing services and construction thereof would be for the cost of the applicant, designs must also take into consideration the existing infrastructure so that the capacity of the existing infrastructure not be exceeded, mentioned designs must be submitted to the City Engineer for approval before construction can commence. All meter points to be situated outside the erf boundary. Once plans have been submitted for approval can commentary be made regarding the capacity of the services that would be needed and whether the existing services can accommodate the new demand; therefore, Sol Plaatje does not take responsibility should the existing infrastructure not meet the required demand. Please note: At this stage the existing sewer infrastructure will not be able to accommodate an increase in demand. In order accommodated the new demand, the existing infrastructure will have to be upgraded. Either the Hillcrest sewer pump station will have to be upgraded or a new pump station and sewer lines will have to be constructed in order to facilitate new demand. For approval of this application the developer will be responsible to facilitate the upgrading of the sewer network at his / her own cost in order to accommodate the new demands that will be placed on the network. Urban Planning The purpose of the item is to request the approval of Sol Plaatje Municipality for the following:

Subdivision of Erf 42653 Kimberley into a Remainder and a Portion;

Consolidation of the proposed Portion of Erf 42653 with Erf 14093 Kimberley to establish a development area; and

Proposed rezoning and subdivision of the consolidated unit to establish the proposed township

, as provided for in the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998).

The proposed development will entail a new mixed land use township, which will consist of 102” Single Residential” erven, 2 “town houses” erven, 1 erf for a commercial guesthouse with maximum of 16 units and 1 erf for business purposes with business and retail land use rights only, development of offices only retail.

A site inspection was conducted on 10 September 2015 revealed the following:

The property is vacant and comprises of widespread vegetation

A newly-build hospital (Gariep Medi-Clinic) is situated directly opposite the proposed site of development

Access to the property is easy gained via MacDougal Street

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The land uses to the east, north-east and south-east is of residential nature, mainly consisting of single residential houses and townhouses.

The proposed development will not have any negative impact to the surrounding neighbourhood

Subdivision The proposed subdivision of Erf 42653 Kimberley will unfold as follows:

Extent

Remainder of Erf 42653 Kimberley 219 300 m2

Portion of Erf 42653 Kimberley 99 280 m2

Total 318 583 m2

Consolidation The proposed consolidation of Erf 14093 Kimberley and Portion of Erf 42653 Kimberley will unfold as follows:

Extent

Erf 14093 Kimberley 8 192 m2

Portion of Erf 42653 Kimberley 99 280 m2

Total 107 472 m2

Rezoning and Subdivision of Consolidated units consisting of Erf 14093 Kimberley and Portion of Erf 42653 Kimberley Broad-base residential and commercial development choices are catered for in the proposed development. This will include:

Single residential erven of various sizes;

Townhouse development opportunities;

Development of large guest house; as well as

A shopping facility to serve the area The consolidated site will be subdivided and rezoned in terms of the provisions of the Sol Plaatje Land Use Management Scheme (LUMS) 2008. The proposed subdivision and rezoning of the consolidated units of Erf 14093 Kimberley and Portion of Erf 42653 Kimberley is summarised as follows: Residential The proposed residential component will comprise of three (3) housing typologies:

1. Single residential units - “Residential 1” zoning – 102 erven average erf size of between ± 530m2 (25m x 21m)

2. Townhouse units – “Residential 2” zoning – 42 erven with a total area of 5 893 m2 for high density development

3. Commercial guesthouse – “Residential 3” zoning – with maximum of 16 units and total area of 2 427 m2

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Retail, Offices and Business One (1) site has been identified for business purposes; and has been allocated a “Business 1” zoning. The developer intends to accommodate for business and retail uses, development of offices as well as for the combined development of retail and offices. The total area of 19 280m2

is proposed for business purpose development. Roads External Linkages The main external linkage facility is MacDougal Street to the north. The existing road links the area with the rest of Kimberley and also the N12 Route situated to the east thereof. A 16m road is proposed, whereby it will accumulate traffic from within the proposed development area and direct it into MacDougal Road. Future linkage with existing vacant land to the south is also catered for as well as access to the newly established hospital and the proposed shopping centre is ensured. Internal Linkages According the motivation by the applicant, the internal roads will comprise of paved roadways with semi-mountable kerbs on both road edges. The width of the paved area would be between 4m and 6m according to the status and service area of the road. Land Use Parameters Zoning The planning requirements for “Residential 1”, “Residential 2’, “Residential 3”, “Business 1” and “Public Roadway” zonings in terms of the Sol Plaatje Municipality Land Use Management Scheme, 2008 are outlined in the table below:

Use Zone Notation as shown on the Map

May be erected and/or used

May be erected and/or used with the Consent of the Municipality

Buildings which may not be erected

(1) (2) (3) (4) (5)

1 Residential 1

Dwelling houses Place of public worship, place of instruction, social hall, residential guest house, tuck shop, medical, dental and veterinary consulting rooms.

Buildings not under columns (3) and (4)

2 Residential 2

Dwelling units Place of worship, place of instruction


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3 Residential 3

Dwelling units, residential building, hotel, guest house

Place of public worship, place of instruction, institution, mobile home accommodation, social hall


4

Business 1

Hotels, guest houses, places of refreshments, shops, business premises, dwelling units, residential building, place of amusement, place of worship including funeral parlours with chapels, dry cleaners, public garages, parking, car wash, social halls


Noxious industrial buildings, scrap yards, panel beating and spray painting workshops

5 Public Roadway

Street or road Buildings not under columns (3) and (4)

Building Restrictions: The applicant must strictly adhere to the building restrictions as required by the Sol Plaatje Municipality Land Use Management Scheme, 2008:

Use Zone Residential 1 Residential 2 Residential 3 Business 1

Density 1 dwelling per Erf 40 dwelling units per hectare

- -

Height 2 storeys 2 storeys - -

FAR - - 3.0 6.0

Coverage 60% 60% 60% 90%

Building Lines The applicant must strictly adhere to the requirements for buildings lines as stipulated by the Sol Plaatje Municipality Land Use Management Scheme, 2008:

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Parking The table below shows the parking requirements in terms of the Sol Plaatje Municipality Land Use Management Scheme, 2008:

Use Zone Minimum parking requirement

Dwelling units, excluding dwelling units in Residential 1, but including mobile homes

1 parking space per dwelling unit 3 or less habitable rooms;

2 parking spaces per dwelling unit of 4 or more habitable rooms;

In addition to the above, I parking space for every 3 dwelling units for visitors.

Guest Houses parking spwace per bedroom or suite; plus

1 parking space for staff; and

1 parking space for visitors

Existing and proposed registered servitudes 3m wide sewer line servitude: A sewer line servitude of 3m wide is registered over a small portion of Erf 42653 Kimberley. According to the proposed layout plan submitted by the applicant, the above mentioned servitude has been accommodated for. 4m wide storm water servitude: Furthermore, a 4m wide storm water servitude needs to be registered on the south-western corner of the site proposed for business development. The purpose thereof is to allow storm water to drain from the layout area. Impact of the Development Spatial impact The provision of the planning for a cost effective form and shape of the layout is the first step towards future sustainable development. An attempt was made to provide a basic grid pattern. Straight erf block and mid-block lines have been provided with 90 degree intersections. The development of an urban node is used as urban building block to support an urban fabric with imagination.

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Economic Impact

Formal erven would be established and an additional source of income generated for the local authority;

Job opportunities would be created during the construction phase Social Impact

Community needs would be catered for and the accommodated in the layout;

Services will be rendered to the newly established hospital; as well as

The provision of much needed residential opportunities

Environmental Impact Natural veld grass and indigenous thorn trees are situated on the site. It is anticipated that there are no sensitive fauna and flora present on the site. All environmental issues would be addressed in detail by an environmentalist that has been appointed by the applicant. Safety and Security

Through traffic is discouraged; while

The provision of street lights and decent road reserves are catered for Traffic Impact Study Report According to the traffic impact study (see annexure 6), conducted in June 2015 that was submitted by the applicant, it is stated that the development could potentially generate up to 697 trips during the critical afternoon peak period. It was found that the development will have an impact on most of the analysed intersections and with normal traffic growth, as well as the additional trips, some improvements are required to the relevant intersections. The study further found that the site layout plan is in principle acceptable. Based on the conclusions the study report recommended that the development be approved from a traffic point of view. EIA Report (Basic Assessment) An environmentalist consultant (Terra Works Environmental) has been appointed on behalf of the applicant to prepare and submit an Environmental Impact Assessment in the form of a basic assessment to the Northern Cape Department of Environment, Nature and Conservation. The approach and methodology proposed is aimed at satisfying the full scope of work as described under the National Environmental Management Act, Act 107 of 1998 and its regulations as amended. The assessment process will be followed in terms of GN R 543. Geotechnical Conditions According to the motivation report by the applicant, detailed tests would be conducted during the planning phase of the internal services, however sound foundation and construction conditions are anticipated.

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Sol Plaatje Municipality SDF (2008-2012) Urban Edge The proposed township establishment development area falls within the Urban Edge of the Municipality and is situated in Sub-Area 7, thereby giving effect to the discouragement of urban sprawl; and further protecting certain naturally sensitive areas. Road Network The proposed road network designed has been planned to link with the surrounding areas and road systems. The intention is to achieve a design that will provide easy movement as well as access for vehicles and pedestrians. Residential Densification Policy The layout proposals acknowledge the densification policy whereby various principles were implemented:

Single residential erven with a size of between 480m2 and 650m2 are catered for. This design principles moves away from traditional larger higher income erf principle of 1000m2 to 1300m2

Two sites for the development of approximately 45 townhouse units are proposed Hereby urban sprawl would be countered and housing provided close to places of employment (hospitals to the west and Medi-Clinic to the north). The viability of public transport would be enhanced and the quality of life the residents increased because of the proximity to facilities. Nodal Policy The application has endorsed the Sol Plaatje Municipality SDF Nodal Policy whereby:

Economic activities clustered together;

Accessibility of public and private transport is secured; and

Mixed land uses would be implemented The development and construction of the new private medical hospital on the edge of the existing El Toro Park residential area will stimulate the development of a “medical node” within that area. This medical character is also stimulated by private psychiatric hospital as well as the well-known provincial facility further to the west. Land uses such as smaller medical offices and overnight accommodation would settle in the vicinity in order to provide support services. Such activities are driven by strong market forces based on supply and demand and cannot be postponed. Opportunities are created for the development and establishment of smaller business. Infrastructure Policy

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The infrastructure services of the proposed development are in line with the Infrastructure Policy of the Sol Plaatje Municipality and have been guided and done according to the “Guidelines for Human Settlement and Design” or “Red Book”. Land use management also factors in the importance to note the City’s Engineers comments regarding the infrastructure on site and have no objection to the proposed township establishment application. The Electricity Department states that, they have no objection to the development proposal as applied for by the applicant and would permit the applicant appointed registered electrical consultant to install 11kV cable from the erf boundary at erf 43870 Kimberley (Care Line Clinic) that would have to comply with all municipal standards, which would to be done by an official written application to sub-Directorate Electrical Services in order to set out all the requirements that would apply to this application. Roads & Storm Water section has no objection to the proposed application. Water and Sanitation Section states that, at this stage the existing sewer infrastructure will not be able to accommodate an increase in demand. In order to accommodate the new demand, the existing infrastructure will have to be upgraded which the developer will be responsible to facilitate upgrading of the sewer network at his/her own cost in order to accommodate the new demands that will be placed on the network. Roads and Stormwater Section has no objection to the rezoning and subdivision of consolidated land unit consisting of portion of Erf 42653 and Erf 14093 Kimberley, MacDougal Street, El Toro Park, and states that if there arises any costs from any of the conditions relayed, it shall be solely for the account of the applicant. In view of all the aforementioned the applicant must specifically adhere to the following:

The proposed application must not impact negatively on the neighbouring properties and streetscape/architectural character of the immediate surrounding properties;

Suitable access to the township and within erven of the township should be adequate;

The planning requirements for the proposed zonings as per the Sol Plaatje Land Use Management Scheme, 2008, must be adhered to (i.e. building lines, coverage, parking, floor area ratio, height).

In order to improve the efficiency of service delivery to communities the Urban Planning Division, guided by the mentioned statutes, planning regulations and extensive technical expertise from inter-sectoral departments, assumes a pivotal role of regulating and managing the uses taking place on land. This ensures the most holistic development and use of this limited resource. Based on the application submitted, motivation and current status quo on a Portion of the Remainder of Erf 42653 and Erf 14093 Kimberley, the Urban Planning Division recommends the application to the SPELUM Committee for Council approval. Legal Authority This item is compiled in line with the provisions of the:

Northern Cape Planning and Development Act, 1998 (Act 7 of 1998).

Sol Plaatje Land Use Management Scheme 2008;

Sol Plaatje Municipality Spatial Development Framework (2008-2012)

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Contact Person: Town Planner : Mr O. Marwane, Ext. 6475 Compiled by: Ms N. Swarts, Ext. 6330 At the SPELUM Committee meeting held on 26 July 2017 it was resolved per resolution SPL40/07/17: 1. That the item be held in abeyance and the following officials be summanced to attend the next meeting for their inputs regarding the rezoning and subdivition of consolidated land:

Municipal Manager

Chief Finacial Officer

ED: SEDP

Acting ED: Infrastructure Services ( T Raseobi )

Chief Town Planner

Valuator 2. That the Executive Mayor and officials from MVD Kalahari, Coghsta and National

Treasury be invited to attend the next meeting. 3. That MVD Kalahari be requested to compile a cost analysis on a sewerage plant for

township development on erf 42653 and 14093 in Macdougal Street, El Toro Park. At the SPELUM Committee meeting held on 7 September 2017 it was resolved per resolution SPL45/09/17: “That the item be held in abeyance pending the inputs from the above officials.” SPL83/11/17 RESOLVED TO RECOMMEND TO COUNCIL:

That the application for the proposed: a) Subdivision of Erf 42653 Kimberley into a Remainder and a Portion; b) Consolidation of the proposed Portion of Erf 42653 with Erf 14093 Kimberley to

establish a development area; and c) Rezoning and subdivision of the consolidated land unit to establish the proposed

township

in terms of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) be approved subject to the following conditions:

1. That the applicant provides acceptable and adequate services for the area stipulated;

2. That the entire 106 erven (as depicted on in the proposed layout plan) be approved

for township establishment, for the following uses:

Zoning Erven Area

Residential 1 1 - 102 54 563m2

Residential 2 103 - 104 10 711m2

Residential 3 105 2 427m2

Business 1 106 19 164m2

Public Roadway - -

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3. That the exact area(s) to be subdivided must be determined before surveying and pegging takes place;

4. That the Municipality and the developer sign a Service Level Agreement for the services to be provided on-site for the proposed development;

5. That the proposed area(s) of subdivision be surveyed and pegged by the appointed land surveyor, and that the approved General Plans or Surveyor General’s diagrams of newly formed Erven be forwarded to Council (Directorate: Strategy, Economic Development and Planning) for record purposes;

6. That until the registration of the General Plan (GP) or Surveyor General (SG)

diagram(s), issuance of new title deeds and adherence to legal aspects (e.g. land use procedures) have taken place and proof thereof submitted to Council, no further alterations to any physical structure i.e. erection of building(s), may take place;

7. That all servitudes must be adhered to and protected;

8. That EIA and Geotechnical Reports be submitted subject to prior to any development;

9. That no land use activities with any adverse negative impact on the immediate

surrounding neighbourhood i.e. panel beating, spray painting, and etc. shall be permitted on the Erven;

10. That all costs applicable to this recommendation will be payable on submission of the building plans for scrutiny and recommendation for registration purposes;

11. That the fees applicable are building plan inspection fees, electrical fees, water

and sewerage connection fees, water deposit fees and any other that are specific to the development application;

12. That building plans and site development plan be submitted to the Municipality for

scrutiny and recommendation;

13. That the Building Plans, drawn to a scale of 1: 100 be submitted to the Urban Planning Division for scrutiny and recommendation prior to the approval of building plans, and must show the following:

a) Siting, height, coverage and where applicable the floor area ratio of all

buildings and structures (actual and proposed); b) Vehicular entrances and exits to and from the Erf; c) Access to buildings and parking areas, roads and road widths; d) Building lines and building restriction areas, if any; e) Parking layout and dimensions and, where applicable and required by the

Municipality, vehicular and pedestrian traffic system; f) Elevation and architectural treatment of all structures; g) Contours with values and floodlines, where applicable; h) Stormwater management, where applicable; i) North point

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14. That all illegal building work that commences prior to municipal approval be dealt with in accordance with applicable and relevant legislation;

15. That the following requirements of the Directorate Community Services, Health

Services be adhered to: -

(a) That this section has no objection to the proposed application, provided that the requirements under the National Health Act, 2003 (Act no 61 of 2003) are complied with.

(b) That this section reserves the right to call for additional environment health requirements when deem necessary after the completion of the building.

16. That the following requirements of the Directorate Community Services,

Emergency Services be adhered to on receipt of the detail plans: -

(a) That the protection of occupants or users therein is ensured and that provision is made for the safe evacuation of such occupants or users;

(b) That the spread and intensity of such fire within such building and the spread of fire to any other building will be minimized;

(c) That sufficient stability will be retained to ensure that such building will not endanger any other building; Provided that in the case of any multi-storey building no major failure of the structural system shall occur;

(d) That the generation and spread of smoke will be minimized or controlled to the greatest extent reasonably practicable;

(e) That adequate means of access and equipment for detecting, fighting, controlling and extinguishing such fire, is provided;

(f) That to ensure that the use, storage and disposal of hazardous materials are in accordance with legislation and that detailed plans (1:100 scale) be submitted for approval by the Emergency Services;

(g) That the storm water draining should be so developed to cater for at least a 1/10-year rainwater storm. To provide for connection to Municipal Storm Water Drainage System, special arrangements should be made with the Municipality.

17. That the following requirements of the sub directorate Civil engineering, Water &

Sanitation Section must be adhered to: -

(a) That all new services must be designed by a Consulting Engineer to the depth and location of existing services and construction thereof would be for the cost of the applicant, designs must also take into consideration the existing infrastructure so that the capacity of the existing infrastructure not be exceeded, mentioned designs must be submitted to the City Engineer for approval before construction can commence.

(b) That all meter points to be situated outside the erf boundary. (c) That once plans have been submitted for approval can commentary

be made regarding the capacity of the services that would be needed and whether the existing services can accommodate the new demand; therefore, Sol Plaatje does not take responsibility should the existing infrastructure not meet the required demand.

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(d) That please note: At this stage the existing sewer infrastructure will not be able to accommodate an increase in demand. In order accommodated the new demand, the existing infrastructure will have to be upgraded.

(e) That either the Hillcrest sewer pump station will have to be upgraded or a new pump station and sewer lines will have to be constructed in order to facilitate new demand.

(f) That for approval of this application the developer will be responsible to facilitate the upgrading of the sewer network at his / her own cost in order to accommodate the new demands that will be placed on the network.

18. That the following requirements of the sub directorate Civil engineering, Roads

& Storm water Section must be adhered to: -

(a) That further submissions must be made to obtain approvals with regards to any intent to changes or affects, which could influence the existing roads and storm water systems in the vicinity, of the proposed site.

(b) That it is recommended that an Engineer shall be appointed to design any related engineering structures related to any new infrastructure linking to existing roads and stormwater amenities (if needed).

(c) That should there be a need for any said additional infrastructure; design shall be submitted to the Office City Engineers (Roads and Stormwater) for approval.

(d) That only once approval is granted shall construction commence. (e) That this includes (but is not restricted to) the construction of the

parking area, accesses and the provision of road and stormwater. (f) That if there arises any cost from any of the conditions relayed

above, it shall be solely for the account of the applicant.

19. That the following requirements of the sub directorate Electrical Engineering must be adhered to: -

(a) That at present no bulk electrical infrastructure exist along section

the applicant wishes to develop in MacDougal Street, other that the dedicated 11kV cable installed from MacDougal Street main 66/11kV sub-station to the new Gariep Medi-Clinic hospital that is full reserved for their use only as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street, Kimberley.

(b) That this Sub-Directorate Electrical Services has no objection to the development of proposed erven 42653 and rem erf 14093 as applied for by the applicant whom would be responsible for the full cost to extend the present 11kV from the ring main unit situated along the front at erf boundary of the Care line Clinic on erf 43870, along the developed road way of MacDougal Street that is supplied from the new MacDougall Street 66/11kV sub-station as applied for the proposed Rezoning and Subdivision of Consolidated land unit consisting of a portion of erf 42653 and erf 14093, MacDougal Street,

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Kimberley. (c) That this Sub-Directorate Electrical Services would permit the

applicant appointed registered electrical consultant to install 11kV cable from the erf boundary at erf 43870 Care line Clinic that would have to comply with all municipal standards, which would have to be by an official written application to this Sub-Directorate Electrical Services in order to set out all the requirements that would apply to this application.

(d) That on receipt of scaled registered township layout of the proposed development with supporting drawings from the applicant appointed registered electrical consultant from a submit written application indicating the proposed electrical cable layout with load flow studies for this development, including the positioning of all the mini substation within the development of which all electrical equipment, to be utilized in this development would have to comply with all municipal standards before this electrical network is to be energized.

(e) That this Sub-Directorate Electrical Services would like to also indicate to the applicant from supporting documentation marked Annexure “A” and “B” that an 11kV cable has been installed along the erf boundary of erf 14100 on section of rem erf 42653 as marked up on sketch plan that is protected by a two metre (2m) wide electrical servitude that was agreed upon by the landlord of erf 42653 form supporting documentation Annexure “A” in which no building or construction of any kind may be erected or built and that technical staff from this Sub-Directorate Electrical Services have an unobstructed twenty-four hour (24hr) access to this cable route for maintenance and repair work.

(f) That should any of owners install any three (3) phase machinery on their premises they will be responsible to ensure that the adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate.

(g) That the applicants have the responsibility to protect machinery, electronic equipment or any sensitive equipment against power surges.

(h) That where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the installation and commissioning of such units, including PV Solar systems and their metering systems.

(i) That given that occasional power interruptions are inevitable, the customer has the responsibility to take appropriate measures to counter the consequences.

(j) That all electrical work done at the above-mentioned erf must be done by a registered electrical contractor acknowledged by this municipality.

(k) That all electrical work done at above-mentioned erf would have to comply with the wiring code of practice for premised as set out in the SANS 10142-1 and Occupational Health and Safety Act.

(l) That all electrical work done at the above-mentioned erf must be done by a registered electrical contractor acknowledged by this municipality.

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(m). That no person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.

(n). That provided that the supplier may on request connect the supply to the installation for the purpose of testing and completion of the certificate of compliance by the appropriate person.

20. That in the event of any Telkom apparatus being affected, this will take the form

of a separate agreement between the Telkom authorities and the applicant;

21. That the applicant acknowledges receipt of conditions within a period of thirty (30) days after acceptance of the letter of notification on the outcome of the council decision or risk the cancellation of council approval, if deemed necessary.

___________________________________________________________________________ 2. SPL85/11/17: Proposed Rezoning and Alienation of Erf 625 Ritchie, Doringfontein

Street, Rietvale. 15/3 – 625 Ritchie (N Modiba)

Applicant : Holy Spirit Revival Ministries 627 William Peters Street Rietvale Ritchie 8701 Property Description : Erf 625 Ritchie, Doringfontein Street,

Rietvale Extent : 1300 m² Present Zoning : Residential 1 Proposed Zoning : Institutional Restrictive Conditions : None

Locality : See annexure 2 Annexures 1. Application

2. Locality Plan

3. Detail Plan

4. Valuation Certificate

5. Copy of Council Resolution (C357/12/16 dated 7 December 2016)

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ANNEXURE p.87 - 93 Purpose The purpose of the application is to request Council approval for the alienation of Erf 625 Ritchie, Doringfontein Street, Rietvale to the applicant, Holy Spirit Revival Ministries. Background The property, Erf 625 Ritchie was once an item sent through to Council. Initially an application had been put forward by United Apostolic Faith Church in 2011 of which the Properties Section submitted the application to Council and was not approved in terms of Resolution C357/12/16 dated 7 December 2016. See Annexure 6. The applicant (United Apostolic Faith Church) wished to extent their existing church erf for parking purposes. In the meantime the new applicant (Holy Spirit Revival Ministries) erected their church building on the said erf. Council did not approve the application for the alienation of the erf to the United Apostolic Faith Church for parking purposes as there are ample parking available on the opposite erf and recommended that the erf be alienated to the Holy Spirit Revival Ministries as they already erected their church building on the said erf. The Holy Spirit Revival Ministries now submitted their application and wishes that the erf be transferred into their name. Inter Directorate Consultation (1) Sub-Directorate Properties

The applicant (Holy Spirit Revival Ministries) has applied for the subject land parcel in order to transfer the erf into the name of the church as the church building has already been erected thereon. The Properties Section, in principle, has no objection to the proposed alienation of the subject land parcel (Erf 625 Ritchie) to the applicant. Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset: “(2) A municipality may transfer ownership or otherwise dispose of a capital asset other than one contemplated in subsection (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. Seeing that the applicant (Holy Spirit Revival Ministries) has already erected their church building on the erf, it will be alienated to them directly. The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The item is recommended to the SPELUM Committee for Council approval. Legal Authority The application is regarded as a disposal of a capital asset in terms of:

Section 14 of the Municipal Finance Management Act, 2003 (Act 56 of 2003)

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The Local Government: Municipal Asset Transfer Regulations, 2008 (Government Gazette Number 31346)

Sol Plaatje Municipality Policy on Land and Other Immovable Capital Assets (2016). Financial Implication

There are none for Council. All costs in this regard will be for the account of the applicant. A valuation of R 1437.00 (VAT exclusive) was determined by Valudata Valuers, Assessors and Property Consultants. Contact Persons Acting Manager Properties: Mr N Modiba, Ext. 6457 At the SPELUM Committee meeting held on 7 September 2017 it was resolved per resolution SPL69/09/17: “That the matter be held in abeyance to conduct a site visit.”

SPL85/11/17 RESOLVED TO RECOMMEND TO COUNCIL:

That the alienation of Erf 625 Ritchie, Doringfontein Street, Rietvale be approved for an amount of R 1437.00 (VAT exclusive) in favour of Holy Spirit Revival Ministries subject to the following conditions as per Council resolution C357/12/16 dated 7 December 2016: 1. That the standard reversionary clause be included in the Deed of Sale. 2. That both water and sanitation services can be made available at full cost to

the applicant. 3. That all new services must be designed to depth and location of existing

services and mentioned designs must be submitted to the City Engineer for approval before any construction can commence; all water meters to be situated on municipal property.

4. That it be noted that an existing sewer line is running through the mentioned

Erf, therefore the following conditions had to be adhered to:

a) That no buildings or structures or walls to be erected over services. b) That municipal officials to have access for inspections, maintenance or

construction work, as and when required (including after hours or on weekends).

c) That the Municipality will not be liable for the replacement or repairs, or

for the cost thereof, to any structure or paving materials in the road reserve;

d) The Municipality will not be liable for any claims or costs which may

arise as a result of direct or consequential damages attributable to any event or consequence of events associated with the services situated on the Erf.

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5. That Engineering services in terms of roads and stormwater will not be affected and on-site parking to be provided and no traffic obstruction will be allowed.

6. Should there be a requirement for any additional infrastructure, all costs for

the above mentioned proposal will be carried by the applicant. 7. This Sub-Directorate Electrical Services has no objection to the proposed

alienation of Erf 625, Ritchie, Rietvale as applied for. 8. The present electrical infrastructure providing services in Ritchie has been

installed and maintained by Eskom, which would result in that the applicant would have to make an application to Eskom regarding the availability and cost regarding the provision of an electrical supply point to Erf 625, Ritchie, Rietvale, by contacting the call service centre in Bloemfontein at telephone number 0824640265.

9. The applicant must provide adequate electrical apparatus on the consumer’s

side of the electrical connection to prevent damage from single phasing where three phase equipment is to be installed on the consumer’s side.

10. The applicant’s appointed electrical contractor or consultant must ensure that the correct service cable is installed from the suppliers metering point to the consumers meter box in order to ensure that the consumer does not suffer from the effects of low voltage on the consumer side of the electrical installation.

11. The appointed electrical contractor is to issue a certificate of compliance

(CoC) to the owner on completion of the electrical installation. 12. That the applicant will be responsible for all costs incurred as a result of this

application. 13. That the applicant pays any levies due to Council. 14. That the proposed development be restricted to “Public Open Space” and

conditions attached thereto as per the Kimberley Land Use Management Scheme.

15. That a separate complete application for Open Space closure, Rezoning, be

submitted in terms of Chapter V1 of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) be submitted to the Urban Planning Division for evaluation.

16. That in addition to the above mentioned the applicant follows due procedure

with regard to land use management aspects as outlined in the approved Policy on Land and Other Immovable Capital Assets, specifically: Clause 8.2 - Public Participation Process Annexure A Clause 1.1 - Associated and relevant costs to be borne by the

applicant.

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Clause 1.4 - Application to be subjected to relevant town planning procedures.

Clause 1.10 - The immovable asset may only be used for the purpose as approved by Council and purposes regularized by town planning

Clause 1.12 - Finalization of sale agreements should also consider the requirements of removal of restrictions, Rezoning, Subdivision and Consolidation procedures.

Annexure B Clause 1.11 - The asset may only be used for the purpose of which it

was let and purposes regularized by town planning schemes

17. That in the event of any Telkom apparatus being affected this will take the form

of a separate agreement between Telkom authorities and the applicant. ___________________________________________________________________________

3. SPL89/11/17: Proposed Alienation, Rezoning and Sub-division of Portion of Erf

5414, Popham Street.

15/3 – Portion of Erf 5414 N. Modiba

Applicant : Bophelong Care Centre

20 Popham Street Kimberley 8301

Property Description : Portion of Erf 5414, Popham Street Ownership : Municipality Current Extent : +- 29719 m2 Proposed Extent : +- 3500 Present Zoning : Roadway Proposed Zoning : Institutional 1 Restrictive Conditions : None Locality : See annexure 2 Annexures 1. Application 2. Locality Plan 3. Detail Plan

59



4. Valuation Comments 5. Technical Committee meeting, 09-12-1996, T293.

ANNEXURE p. 1 - 10 Purpose The purpose of the item is to request Council’s approval for the alienation of Portion of Erf 5414, Popham Street. Background The subdivision, rezoning and alienation of a portion of erf 5414 was approved at a Technical Committee meeting held on 09-12-1996, T293. The erf was permanently closed as a public street and the subdivision was approved, SG diagram (SG No: 879/1999). The application for subdivision was never registered at the Deed Office hence the Erf number still remains Erf 5414. Furthermore, no development has occurred to date. Thereafter Bophelong Care Centre and 3 other applicant applied for the lease/alienation of the said portion of land. Inter Directorate Consultation Executive Director Strategy, Economic Development and Planning (1) Sub-Directorate Urban Planning Portion of Erf 5414 (32321) Kimberley is zoned “Roadway in terms of the Land Use Scheme 2008; and is owned by Sol Plaatje Municipality. The attributes of the site are as follows:

Access is gained from Popham Street, West End.

The property is currently vacant

The intention of the applicants (Bophelong Care Centre) is to purchase a portion of Erf 5414 (32321) to develop a Care Centre / Drop in Centre. A portion of the Erf 5414 (32321) was permanently closed as a public street as per the Advert dated 17 August 1998 (No 72/98). An application for alienation, subdivision, rezoning was lodged to the Municipality with the approved SG diagram (SG No: 879/1999) however, the application for subdivision was never registered at the Deed Office hence the Erf number still remains Erf 5414. Furthermore, no development has occurred to date. The SDF 2008-12 objectives for Sub area 21 (West End) is to support and promote the establishment of low impact recreational and tourism facilities in support of the World Heritage status, to support strategic residential densification and to support tourism and hospitality ventures.

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The Urban Planning Division recommends in principle for the alienation of a portion of Erf 5414 (32321) highlighted in blue. In addition, the extent of the Erf is approximately 29719 square meters in size. Recommendation: The Urban Planning Division recommends the proposed alienation of a portion of Erf 5414 (32321) Popham Street, West End, Kimberley for approval, subject to the following conditions:

1. That the applicant will be responsible for all costs incurred as a result of this application.

2. That the applicant pays any levies due to Council.

3. That an extent of 3500 square metre be alienated to the applicant;

4. That in addition to the abovementioned the applicant follows due procedure with regard to land use management aspects as outlined in the approved Policy on Land Other Immovable Capital Assets, specifically;

Clause 4.3(d) Use of land (residential vs. non-residential uses) Clause 8.2 Public Participation Process Annexure A Clause 1.10 The immovable asset may only be used for the purpose as

approved by Council and purposes regularized by town planning Clause 1.12 Finalization of sale agreements should also consider the

requirements of removed restrictions, subdivision and rezoning procedures.

Annexure B Clause 1.11 The asset may only be used for the purpose of which it was let and

purposes regularized by town planning schemes 5. That a separate application for rezoning be submitted to the Municipality in terms of the

Sol Plaatje Land Use Management By-laws read together with the Spatial Planning and Land Use Management Act.

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6. That until the registration of the General Plan (GP) or Surveyor General (SG) diagram(s)

issuance of new title deeds and adherence to legal aspects (e.g land use procedures) have taken place and proof thereof submitted to Council, no development or submission of building plan should commence.

7. That in the event of any Telkom apparatus being affected, this will take the form of a separate agreement between Telkom authorities and the applicant.

(2) Sub-Directorate Properties

The applicant who have applied for Portion of Erf 5414 Galeshewe is a non-profit organisastion whom intends to develop a daycare centre for the erderly, children and families whom are homeless and also provide a drop-in certre facility.

Moreover initiatives of this nature will complement the surrounding land uses and also lead to improved quality of life for the homeless. The Daycare Centre will seek to address the principle of sustainability contained in SPLUMA (Spatial Planning and Land Use Management Act 16 of 2013) The Properties Section, in essence, has no objection to the application but as and when municipal land is alienated the following Section of MFMA should be considered: Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset:

“(2) A municipality may transfer ownership or otherwise dispose of a capital asset other than one contemplated in subsection (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. The proposals will have a more competitive community value as current social ills such as poverty will be partially addressed in the community. The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The alienation is recommended to the SPELUM Committee for Council approval. Financial Implications

Portion Size Land Use Applicant

Portion of Erf Portion of Erf 5414

3500 m² Institutional Bophelong Day Care Centre

Remainder Portion of Erf 5414

26219 m²

Total 29719 m²

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There are none for Council. The prices will vary as per the size of property

Erf Size Market Valuation

+-3500 m2 R 650 000.00 m² vat exclusive

Legal Authority The application is regarded as a disposal of a capital asset in terms of:



Sol Plaatje Municipality Policy on Land and Other Immovable Capital Assets (2016) Contact Person Acting Properties Manager: Mr N. Modiba, Ext. 6457 SPL89/11/17 RESOLVED TO RECOMMEND TO COUNCIL:

1. (a) That alienation, rezoning and sub-division of Portion of Erf 5414,Popham Street for “Institutional” purposes be approved and alienated to the following applicants subject to resolution T293, Technical Committee, 09-12-1996, and the following conditions:

2. That the Erven for NPO/NGO be sold at 30 % of market value as per Section

1.4 of the Policy on Land and Other Immovable Capital Assets advocates for the sale of land for social benefit organisations, including churches.

3. That the applicant be selected on the basis of social need and community

value. 4. That the standard reversionary clause be included in the Deed of Sale. 5. That the proposal be advertised and if any objections are received, a further

report be submitted to the Spelum Committee. 6. That the applicant will be responsible for all costs incurred as a result of this

application. 7. That a permit/licence from Social Development be submitted to Sol Plaatje

Municipality prior to approval. 8. That an extent of 3500 square metre be alienated to the applicant;

Portion Size Price Applicant

Portion of Erf Portion of Erf 5414

3500 m² R 650 000.00 (vat exclusive)

Bophelong Day Care Centre

Remainder Portion of Erf 5414

26219 m²

Total 29719 m²

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with regard to land use management aspects as outlined in the approved Policy on Land and Other Immovable Capital Assets, specifically:

Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.10 - The immovable asset may only be used for the

purpose as approved by Council and purposes regularized by town planning

Clause 1.12 - Finalization of sale agreements should also consider the requirements of removed restrictions, subdivision and rezoning procedures.

Annexure B Clause 1.11 - The asset may only be used for the purpose of

which it was let and purposes regularized by town planning schemes

10. That a separate application for rezoning be submitted to the Municipality in

terms of the Sol Plaatje Land Use Management By-laws read together with the Spatial Planning and Land Use Management Act.

11. That until the registration of the General Plan (GP) or Surveyor General (SG)

diagram (s) issuance of new title deeds and adherence to legal aspects (e.g land use procedures) have taken place and proof thereof submitted to Council, no development or submission of building plan should commence.


of a separate agreement between Telkom authorities and the applicant.

__________________________________________________________________________

4. SPL90/11/17: Proposed Alienation and Sub-division of Erf 20445 Galeshewe, Ditweba

Street.

15/3 – 20445 N. Modiba

Applicants : Thandanani Feeding Scheme

142 Ernest Mahoko Street Retswelele 8345

Nomsa Norah Mazibuko

23463 Frank Chikane Street Phuthanang

8345 Mr Bonginkosi Mabuyangwe 23276 Frank Chikane Street

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Phuthanang Kimberley 8345 Property Description : Erf 20445 Galeshewe, Ditweba Street Ownership : Municipality Current Extent : 1865 m2 Present Zoning : Business 1 Restrictive Conditions : None Locality : See annexure 2 Annexures 1. Applications 2. Locality Plan 3. Detail Plan 4. Valuation Comments

ANNEXURE p. 11 - 18 Purpose The purpose of the item is to request Council’s approval for the alienation of Erf 20445 Galeshewe, Ditweba Street. Inter Directorate Consultation Executive Director lnfrastructure Services (1) Sub-Directorate Water and Sanitation

Water and sewer connections can be made available at full cost to the applicant from existing municipal services. All new domestic sewer lines and manholes must be shown on building plans. All new services must be designed by a Consulting Engineer to the depth and location of existing services and construction thereof would be for the cost of the applicant, mentioned designs must be submitted to the City Engineer for approval before construction can commence. All meter points to be situated outside the erf boundary. Therefor this section has no objection to this proposal. Please note that this only indicates the positioning of existing services. Once plans have been submitted for approval can commentary be made regarding the capacity of the services that would be needed and whether the existing services can accommodate the new demand; therefore Sol Plaatje Municipality does not take responsibility should existing infrastructure nit meet the required demand. Should it be required that the existing infrastructure needs to be upgraded in order to accommodate the new development, the applicant will be responsible for a percentage of the costs that would be required to facilitate this upgrade.

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(2) Sub-Directorate Roads and Stormwater The office of the City Engineer Roads and Storm water raises no objection to the alienation of erf 20445, Galeshewe as presented above. Further submissions must be made to obtain additional approvals with regards to any intent to changes or affects, which could influence the existing roads and stormwater systems in the vicinity of the proposed site. It is recommended that a Consulting Engineer be appointed to design any related engineering structures related to any new infrastructure linking to existing roads and stormwater amenities (if needed). Should there be a need for any additional infrastructure, design shall be submitted to the office of the City Engineer (Roads and Stormwater) for approval. Only once approval is granted shall construction commence. This includes (but is not restricted to) the construction of the parking area accesses (lowering of kerbs and additional entrances) and the provision of roads and stormwater. If there arises any costs from any of the conditions relayed above, it shall be solely for the account of the applicant. (3) Sub-Directorate Electrical At present a low voltage overhead lines exist along the front erf boundary of erf 20445 in Zeth Mothopeng Street and on the opposite Ditweda Street from where the standard 60-Ampere supply point can be provided to erf 20445 as applied for. The following should be included as conditions of approval. 1) At present a low voltage overhead line is positioned along the erf boundary of erf 20445 and on the opposite side of the roadway of Ditweda Street from where the standard 60-Ampere supply point can be provided. 2) The standard 60-Ampere single phase or the standard 60-Ampere three phase Airdac connection from overhead supply systems with prepayment meter and ready board can be provided at erf 20445 at the present day cost as applied for. 3) Should the applicant of erf 20445, Vergenoeg Ext 2, Galeshewe require a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network. 4) Each dwelling must be supplied with its own individual electrical supply cable and individual meter point at each dwelling including the ripple relay. 5) All electrical wiring to be done at the proposed development would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act. 6) All pre-payment meters and ripple relays to be utilized by the consumer is to be purchased at the client services on the 4th floor of the new building at the Civic Centre and that a compliance certificate (CoC) is to be handed in at the abovementioned offices for every electrical connection done.

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7) The registered electrical contractor would have to provide the Client Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling. 8) The municipality will not be held responsible to refund or replace any of the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application. 9) Should the client install any three (3) phase machinery on the premises he will be responsible to ensure that adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate. 10) The consumer has the responsibility to protect machinery, electronic equipment or any sensitive equipment against power surges. 11) All electrical work done at above-mentioned erf would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act. 12) Where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the distribution of electricity. 13) Given that occasional power interruptions are inevitable, the customer has the responsibility to take appropriate measures to counter the consequences. 14) All electrical work done at the above-mentioned erf is to be done by a registered electrical contractor acknowledged by this municipality. No person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done. Provided that the supplier may on request connect the supply to the installation for the purpose of testing and completion of the Certificate of Compliance by the appropriate person. Executive Director Strategy, Economic Development and Planning (1) Sub-Directorate Urban Planning

Erf 20445 Galeshewe is zoned “Business 1” in terms of the Land Use Scheme 2008; and is owned by Sol Plaatje Municipality. The site is approximately 1865 square metres in extent. The attributes of the site are as follows:

Access to the property is gained from Ditweba Street, Zeth Mathopeng and Allan Boesak Street.

There are two (2) containers on the property.

The intention of the applicants (Thandanani Feeding Scheme and Mr Bonginkosi J Mabuyangwe) are as follows. The first applicant being the Thandanani Feeding Scheme request to lease a portion of Erf

67



20445 for the purpose of developing Feeding Scheme facility for the people who visit the clinic. The applicant is therefore requesting approximately 1000 square meter of the site. The second applicant being Mr Bonginkosi J Mabuyangwe request to alienate a portion of approximately 900 square metres in order to operate a juice den and an internet café for the community of Phuthanang.

The Urban Planning Division, in principle, has no objection to the proposed leasing and alienation application. The proposed site for alienation and lease is highlighted in blue to the above image with an extent to approximately 1865 square metres in total extent. Recommendations: The Urban Planning Division supports the proposed alienation and lease application for Erf 20445 in Galeshewe, Phuthanang and recommends it for approval. However, the following conditions must be adhered to: 1. That the applicant will be responsible for all costs incurred as a result of this application. 2. That the applicant pays any levies due to Council. 3. That the proposed erf be subdivided into a Portion A with an extent of 900 square metre

for the Juice Den and Internet Café and a remainder with an extent of 965 square metres for the Feeding Scheme;

4. That in addition to the abovementioned the applicant follows due procedure with regard to

land use management aspects as outlined in the approved Policy on Land Other Immovable Capital Assets, specifically; Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.10 - The immovable asset may only be used for the purpose as

approved by Council and purposes regularized by town planning

68




Annexure B Clause 1.11 - The asset may only be used for the purpose of which it was

let and purposes regularized by town planning schemes

5. That in the event of any Telkom apparatus being affected, this will take the form of a separate agreement between Telkom authorities and the applicant.

6. That the applicants comply with Clause 5.5 which stipulates that if there is more than one applicant, the application should be on tender according to Municipal Chain Supply management Policy.

Sub-Directorate Properties

There are three (03) applicants who have applied for Erf 20445 Galeshewe for various land uses for purposes as illustrated below:

Moreover initiatives of this nature will complement the surrounding land uses and also lead to increased rates and taxes for the municipality. The Business will seek to address the principle of sustainability contained in SPLUMA (Spatial Planning and Land Use Management Act 16 of 2013) The Properties Section, in essence, has no objection to the application but as and when municipal land is alienated the following Section of MFMA should be considered: Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset:


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.

The proposals will have a more competitive community value as current social ills such as poverty will be partially addressed in the community. The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The alienation is recommended to the SPELUM Committee for Council approval.

Portion Size Land Use Applicant

Portion of Erf 20445

700 m² Business 1 Thandanani Feeding Scheme


700 m² Business 1 Nomsa Norah Mazibuko (Soup Kitchen)

Remainder of Erf 20445

465 m² Business 1 Mr B Mabuyangwe Juice Den and Internet Cafe

Total 1865 m²

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Financial Implications There are none for Council. The prices will vary as per the size of property


1865 m2 R 120/ m²




Sol Plaatje Municipality Policy on Land and Other Immovable Capital Assets (2016) Contact Person Acting Properties Manager: Mr N. Modiba, Ext. 6457

RECOMMENDATION:

1. (a) That alienation and sub-division of Erf 20445 Galeshewe, Ditweba Street for “Business 1” purposes be approved and alienated to the following applicants subject to the following conditions:

2. That the Erven for NPO/NGO be sold at 30 % of market value as per Section

1.4 of the Policy on Land and Other Immovable Capital Assets advocates for the sale of land for social benefit organisations, including churches.

3. That the applicant be selected on the basis of social need and community

value. 4. That the standard reversionary clause be included in the Deed of Sale. 5. That the proposal be advertised and if any objections are received, a further

report be submitted to the Spelum Committee. 6. That water and sewer connections can be made available at full cost to the

applicant from existing municipal services.

Portion Size Price Name


700 m² R 84 000.00 (vat exclusive)

Thandanani Feeding Scheme



Nomsa Norah Mazibuko (Soup Kitchen)



Mr B Mabuyangwe Juice Den and Internet Cafe

Total 1865 m²

70



7. That all new domestic sewer lines and manholes must be shown on building plans.

8. That all new services must be designed by a Consulting Engineer to the depth

and location of existing services and construction thereof would be for the cost of the applicant, mentioned designs must be submitted to the City Engineer for approval before construction can commence.

9. That all meter points to be situated outside the erf boundary. 10. That it be noted that this only indicates the positioning of existing services.

Once plans have been submitted for approval can commentary be made regarding the capacity of the services that would be needed and whether the existing services can accommodate the new demand; therefore Sol Plaatje Municipality does not take responsibility should existing infrastructure nit meet the required demand.

11. That should it be required that the existing infrastructure needs to be

upgraded in order to accommodate the new development, the applicant will be responsible for a percentage of the costs that would be required to facilitate this upgrade.

12. That further submissions must be made to obtain additional approvals with

regards to any intent to changes or affects, which could influence the existing roads and stormwater systems in the vicinity of the proposed site.

13. That it is recommended that a Consulting Engineer be appointed to design

any related engineering structures related to any new infrastructure linking to existing roads and stormwater amenities (if needed).

14. That should there be a need for any additional infrastructure, design shall be

submitted to the office of the City Engineer (Roads and Stormwater) for approval. Only once approval is granted shall construction commence. This includes (but is not restricted to) the construction of the parking area accesses (lowering of kerbs and additional entrances) and the provision of roads and stormwater. If there arises any costs from any of the conditions relayed above, it shall be solely for the account of the applicant.

15. That at present a low voltage overhead line is positioned along the erf

boundary of erf 20445 and on the opposite side of the roadway of Ditweda Street from where the standard 60-Ampere supply point can be provided.

16. That the standard 60-Ampere single phase or the standard 60-Ampere three

phase Airdac connection from overhead supply systems with prepayment meter and ready board can be provided at erf 20445 at the present-day cost as applied for.

17. That should the applicant of erf 20445, Vergenoeg Ext 2, Galeshewe require a

larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and

71



installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.

18. That each dwelling must be supplied with its own individual electrical supply

cable and individual meter point at each dwelling including the ripple relay. 19. That all electrical wiring to be done at the proposed development would have

to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.

20. That all pre-payment meters and ripple relays to be utilized by the consumer

is to be purchased at the client services on the 4th floor of the new building at the Civic Centre and that a compliance certificate (CoC) is to be handed in at the abovementioned offices for every electrical connection done.

21. That the registered electrical contractor would have to provide the Client

Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling.

22. That the municipality will not be held responsible to refund or replace any of

the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application.

23. That should the client install any three (3) phase machinery on the premises

he will be responsible to ensure that adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate.

24. That the consumer has the responsibility to protect machinery, electronic

equipment or any sensitive equipment against power surges. 25. That all electrical work done at above-mentioned erf would have to comply

with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.

26. That where continuous supply is required the customer has the responsibility

to install a standby supply, which is to comply with municipal by-laws regarding the distribution of electricity.

27. That given that occasional power interruptions are inevitable, the customer

has the responsibility to take appropriate measures to counter the consequences.

28. That all electrical work done at the above-mentioned erf is to be done by a

registered electrical contractor acknowledged by this municipality.

72



29. That no person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.

30. That provided that the supplier may on request connect the supply to the

installation for the purpose of testing and completion of the Certificate of Compliance by the appropriate person.

31. That the applicant will be responsible for all costs incurred as a result of this

application. 32. That the applicant pays any levies due to Council. 33. That the proposed erf be subdivided into a Portion A with an extent of 900

square metre for the Juice Den and Internet Café and a remainder with an extent of 965 square metres for the Feeding Scheme;



Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process

Annexure A Clause 1.10 - The immovable asset may only be used for the







36. That the applicants comply with Clause 5.5 which stipulates that if there is more than one applicant, the application should be on tender according to Municipal Chain Supply management Policy.


1. That alienation and sub-division of Erf 20445 Galeshewe, Ditweba Street for “Business 1” purposes be approved and alienated to the following applicants subject to the following conditions:

73



2. That recommendations 2 – 32 be approved as recommended.

3. That recommendation 33 be deleted.

4. That recommendations 34 – 36 be approved as recommended.

__________________________________________________________________________ 5. SPL91/11/17: Proposed Alienation of Erf 13556 Galeshewe, Goitsione Street,

Boikhutsong, Kimberley 15/3 – 13556G Mr N Modiba

Applicants : Mr L B Makhoni 3 Tshwene Street Mankurwane Kimberley 8345 Mr A J Malete BB2449 Ivory Park Pescodia Kimberley 8301 Mr W M Tom 13813 Cwaedi Street Boikhutsong Kimberley 8345 Mr T O Tau

Mkhonto We Sizwe Military Veterans Amaqhawe Building 42 Du Toitspan Road Kimberley 8300 Ms M K Itumeleng 49 Thutlo Street Boikhutsong Kimberley



14000 m² R168 000.00 (vat exclusive)

Thandanani Feeding Scheme



Nomsa Norah Mazibuko (Soup Kitchen)

Total 1865

74



8345 Mr A L Abrams 15245 Hutshe Segolodi Street Thusano Mankurwane Kimberley 8345 Ms G S Matshwe 15255 Hutse Segolodi Street Thusano Kimberley 8345 Ms D O Marumo 6465 Madalane Street Galeshewe Kimberley 8345 (08 applicants) Property Description : Erf 13556 Galeshewe, Goitsione Street,

Boikhutsong, Kimberley.

Extent : 858 m² Present Zoning : Business 1 Proposed Zoning : Residential 1 Restrictive Conditions : None

Locality : See annexure 2 Annexures 1. Applications

2. Locality Plan

3. Detail Plan

4. Valuation

ANNEXURE p. 19 - 30 Purpose The purpose of the application is to request Council approval for the alienation Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley by means of public tender. Inter Directorate Consultation Executive Director Infrastructure Services

75



(1) Sub-Directorate Water and Sanitation The water and sanitation section has no objection to the proposal, it must be noted that there is no sewer connection point on the mentioned erf. Should a need arise to extend the services to accommodate the above mentioned proposal, all new services must be designed by Consulting Engineers from the existing services; mentioned designed/drawings must be submitted to the City Engineer for approval before any construction can commence at full cost to the applicant. (2) Sub-Directorate Roads and Stormwater

This Section, Roads and Storm Water has no objection to the above-mentioned application of Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley. The applicant shall without any compensation be obliged to allow drainage, including storm water of any other Erf to be conveyed the said Erf. (3) Sub-Directorate Electrical No electrical services will be directly affected by the proposed alienation of Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley, as applied for. At present a low voltage overhead line is terminated along the front erf boundary of erf 13556 in Tshwene Street for where the standard 60-Ampere supply point can be provided for Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley, as applied for. The following should be included as conditions of approval 1. Presently Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley is registered

as public open space that no electrical capacity was provided for on the electrical network when this electrical network was done.

2. The standard 60-Ampere single phase supply point or the standard 60-Ampere three phase supply point can be made available at the present day cost from the existing low voltage overhead line terminated along the font erf boundary of erf 13555 in Tswene Street.

3. The provision of the standard 60-Ampere supply point to erf 13556, Goitsione Street, Boikhutsong will only be for the provision of one single residential dwelling and not for a townhouse development or cluster housing.

4. Should the applicant of erf 13556, Goitsione Street, Boithutsong require a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.

5. At present an 66kV overhead line is situated along the back erf boundary of erf 13556 that is protected by an thirty metre (30m) wide servitude in which no building or construction of any kind be encroached in or any vegetation may be plant.

6. Each dwelling must be supplied with its own individual electrical supply cable and individual meter point at each dwelling including the ripple relay.

7. All electrical wiring to be done at the proposed development would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational

76



Health and Safety Act. 8. All pre-payment meters and ripple relays to be utilized by the consumer is to be purchased

at the client services on the 4th floor of the new building at the Civic Centre and that a compliance certificate (CoC) is to be handed in at the abovementioned offices for every electrical connection done.

9. The registered electrical contractor would have to provide the Client Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling.

10. The municipality will not be held responsible to refund or replace any of the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application.

11. Should the client install any three (3) phase machinery on the premises he will be responsible to ensure that adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate.

12. The consumer has the responsibility to protect machinery, electronic equipment or any sensitive equipment against power surges.

13. Where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the installation and commissioning of such units.

14. Given that occasional power interruptions are inevitable, the customer has the responsibility to take appropriate measures to counter the consequences.

15. All electrical work done at the above-mentioned erf is to be done by a registered electrical contractor acknowledged by this municipality.

16. No person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.

17. Provided that the supplier may on request connect the supply to the installation for the purpose of testing and completion of the Certificate of Compliance by the appropriate person.

Executive Director Strategy, Economic Development and Planning (1) Sub-Directorate Urban Planning

Erf 13556 Galeshewe is zoned “Business 1” in terms of the Land Use Scheme 2008; and is owned by Sol Plaatje Municipality. The attributes of the site is as follows:

Access is gained from Goitsione Close.

The property is currently vacant

The intention of the applicant (Mr L B Makhoni) is to utilize the property for residential purposes. The Urban Planning Division, in principle, has no objection to the application. The applicant must also adhere to the requirements of the approved Policy on Land Other Immovable Capital Assets, specifically with regards to the following areas: Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process

77



Annexure A Clause 1.10 - The immovable asset may only be used for the purpose as

approved by Council and purposes regularized by town planning Clause 1.12 - Finalization of sale agreements should also consider the


Annexure B Clause 1.11 - The asset may only be used for the purpose of which it was let and

purposes regularized by town planning schemes The SDF 2008-12 guidelines for sub area 28 (Boikhutsong) is to support strategic residential densification. Recommendations: The Urban Planning Division recommends proposed alienation Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley for approval, subject to the following conditions: 1. That the applicant will be responsible for all costs incurred as a result of this application.



land use management aspects as outlined in the approved Policy on Land Other

Immovable Capital Assets, specifically:

Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.1 - Associated and relevant costs to be borne by the applicant. Clause 1.10 - The immovable asset may only be used for the purpose as

approved by Council and purposes regularized by town planning Clause 1.12 - Finalization of sale agreements should also consider the



purposes regularized by town planning schemes

4. That a separate complete application for rezoning be submitted in terms of Chapter V of

the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) to the Urban

Planning Division for evaluation purposes.

5. That in the event of any Telkom apparatus being affected, this will take the form of a

separate agreement between Telkom authorities and the applicant.


There are (08) applicants whom have applied for Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley. All applicants want to utilise the property for residential purposes.

78



The Properties Section, in principle, has no objection to the proposed alienation of the subject land parcel (Erf 13556 Galeshewe) to the applicants. Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset:

“(2) A municipality may transfer ownership or otherwise dispose of a capital asset other than one contemplated in subsection (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



community value to be received in exchange for the asset.

Seeing that the land has many applicants the Property Section recommends the application. The subject land is not earmarked to minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The item is recommended to the SPELUM Committee for Council approval. Legal Authority The application is regarded as a disposal of a capital asset in terms of:


The Local Government: Municipal Asset Transfer Regulations, 2008 (Government Gazette

Number 31346)

Sol Plaatje Municipality Policy on Land and Other Immovable Capital Assets (2016)

79



Financial Implication

There are none for Council. All costs in this regard will be for the account of the applicant. A valuation of R 65, 000.00 (VAT exclusive) was determined by Valudata Valuers, Assessors and Property Consultants. Contact Persons Acting Manager Properties: Mr N Modiba, Ext. 6457 RECOMMENDATION:

It is recommended that the proposed alienation of Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley be approved for an amount of R 65,000.00 (VAT exclusive) by means of public tender subject to the following conditions: 1. That the applicants will be responsible for all costs incurred as a result of this

application.

2. That the proposal be advertised and if any objections are received, a further

report on such will have to be submitted to the SPELUM Committee.

3. That the standard reversionary clause be included in the Deed of Sale.

4. That it be noted that there is no sewer connection point on the mentioned erf.

5. That should a need arise to extend the services to accommodate the above mentioned proposal, all new services must be designed by Consulting Engineers from the existing services; mentioned designed/drawings must be submitted to the City Engineer for approval before any construction can commence at full cost to the applicant.

6. That the applicant shall without any compensation be obliged to allow

drainage, including storm water of any other Erf to be conveyed the said Erf.

7. That presently Erf 13556 Galeshewe, Goitsione Street, Boikhutsong, Kimberley is registered as public open space that no electrical capacity was provided for on the electrical network when this electrical network was done.

8. That the standard 60-Ampere single phase supply point or the standard 60-

Ampere three phase supply point can be made available at the present day cost from the existing low voltage overhead line terminated along the font erf boundary of erf 13555 in Tswene Street.

9. That the provision of the standard 60-Ampere supply point to erf 13556, Goitsione Street, Boikhutsong will only be for the provision of one single residential dwelling and not for a townhouse development or cluster housing.

10. That should the applicant of erf 13556, Goitsione Street, Boithutsong require

a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network

80



or both cables as specified, should there be sufficient capacity on the present electrical network.

11. That at present an 66kV overhead line is situated along the back erf boundary

of erf 13556 that is protected by an thirty metre (30m) wide servitude in which no building or construction of any kind be encroached in or any vegetation may be plant.


cable and individual meter point at each dwelling including the ripple relay.

13. That all electrical wiring to be done at the proposed development would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.



15. The registered electrical contractor would have to provide the Client Services

on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling.

16. The municipality will not be held responsible to refund or replace any of the

applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application.




equipment or any sensitive equipment against power surges.


20. Given that occasional power interruptions are inevitable, the customer has the

responsibility to take appropriate measures to counter the consequences.


22. No person shall permit the connection of any completed or partially completed

electrical installation to the electrical supply unless it has been inspected and

81



tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.

23. Provided that the supplier may on request connect the supply to the



25. That in addition to the abovementioned the applicant follows due procedure

with regard to land use management aspects as outlined in the approved

Policy on Land Other Immovable Capital Assets, specifically:

Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.1 - Associated and relevant costs to be borne by the

applicant. Clause 1.10 - The immovable asset may only be used for the purpose

as approved by Council and purposes regularized by town planning


Annexure B Clause 1.11 - The asset may only be used for the purpose of which it was let and purposes regularized by town planning schemes

26. That a separate complete application for rezoning be submitted in terms of

Chapter V of the Northern Cape Planning and Development Act, 1998 (Act 7 of

1998) to the Urban Planning Division for evaluation purposes.

27. That in the event of any Telkom apparatus being affected, this will take the

form of a separate agreement between Telkom authorities and the applicant.


1– 27 As recommended.

28. That the erf be sub-divided into two portions.

29. That only the eight applicants who applied, and who are first- time property owners will qualify to tender.

_________________________________________________________________________

82



6. SPL92/11/17: Proposed alienation of Erf 5632 and 5633 Kimberley, Woodman Street, South Ridge 15/3 – 5632-33 Mr N Modiba

Applicant : AIDA PROPERTY (PTY) LTD Mr R Shivuri No 2 Saul Street Hadison Park 8301 Mr AS Chohan 8 Dhalia Avenue

Squarehill Park Kimberley 8301 Property Description : Erf 5632 and 5633 Kimberley, Woodman

Street, South Ridge

Extent : 1276 m² Present Zoning : Residential 1 Proposed Zoning : Residential 1 Restrictive Conditions : None

Locality : See annexure 2 Annexures 1. Applications

2. Locality Plan

3. Detail Plan

4. Valuation

ANNEXURE p. 31 - 39 Purpose The purpose of the application is to request Council approval for the alienation of Erf 5632 and 5633 Kimberley to the applicants. Inter Directorate Consultation Executive Director Infrastructure Services (1) Sub-Directorate Water and Sanitation The office of the City Engineer (water and sanitation) raises no objection to the proposed alienation of erven 5632 and 5633, Southridge, Kimberley. The following conditions had to be adhered to:

83



1. No buildings or structures or walls to be erected over services or in the servitude. 2. Municipal officials to have access for inspection, maintenance or construction work, as

and when required (including after hours or on weekends). 3. The Municipality will not be liable for the replacement or repairs, or for the cost thereof, to

any structure or paving materials in the servitude. 4. The Municipality will not be liable for any claims or costs which may arise as a result of

direct or consequential damages attributable to any event or consequence of events associated with the services situated in the servitude.

All new domestic sewer lines and manholes must be shown on building plans. All new services must be designed by a Consulting Engineer to the depth and location of existing services; mentioned designs must be submitted to the City Engineer for approval before construction can commence. All meter points to be situated outside the erf boundary. Please note that this only indicates the positioning of existing services. Once plans have been submitted for approval can commentary be made regarding the capacity of the services that would be needed and whether the existing services can accommodate the new demand; therefore Sol Plaatje Municipality does not take responsibility should existing infrastructure nit meet the required demand. Should it be required that the existing infrastructure needs to be upgraded in order to accommodate the new development, the applicant will be responsible for a percentage of the costs that would be required to facilitate this upgrade. (2) Sub-Directorate Roads and Stormwater

The office of the City Engineers, Roads and Storm Water raises no objection to the proposed alienation of Erven 5632 and 5633, Southridge, Kimberley. Further submissions must be made to obtain additional approvals with regards to any intent to changes or affects, which could influence the existing roads and stormwater system in the vicinity of the proposed site. It is recommended that an Engineer be appointed to design any new related engineering structures linking to existing roads and stomrwater amenities (if needed). Should there be a need for any said additional infrastructure; design shall be submitted to the Office City Engineers (Roads and Stormwater) for approval. Only once approval is granted shall construction commence. This includes (but is not restricted to) the construction of the parking area, accesses (lowering of kerbs an additional entrances) and the provision of roads and stormwater. If there arises any cost from any of the conditions relayed above, it shall be solely for the account of the applicant. (3) Sub-Directorate Electrical No electrical services will be directly affected by the proposed alienation of erven 5632 and 5633, Southridge, Kimberley as applied for. At present a 315kVA mini sub-station is positioned along the corner splay of erf 5632 from where the standard 60-Ampere supply point can be made available for the proposed alienation of erven 5632 and 5633, Southridge, Kimberley. The following should be included as conditions of approval 1. Presently a 315kVA mini sub-station is positioned along the corner splay of erf 5632 that

energizes the low voltage cable infrastructure along section of Smart Street, which is also

84



has to supply the proposed low voltage cable that is to still be installed along Woodman Road, due to this section of Woodman Road not being developed to date.

2. The applicant would have to notify this Sub-Directorate Electrical Services in writing on the approval of this application how many dwellings he intends to erect of the consolidated erf of these two erven 5632 and 5633 into as no indicating is made in his application.

3. Only on receipt from the applicant of the amount of dwelling he intends to develop can a cost estimate be prepared to provide the standard 60-Ampere supply point per dwelling at the consolidated erf, that would be for the full cost of the applicant.

4. Should the applicant of consolidated erf or erven 5632 and 5633, Woodman Road, Southridge, Kimberley require a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.

5. All street light along Smart Street, Southridge, Kimberley have been positioned in accordance to the specification as set out in the SANS 11098-1 for the lighting of roadways. Should any of these street lights have to be moved to the opposite side of the roadway where possible on requested by the owner, the full cost thereof will be for the applicant.

6. Each dwelling must be supplied with its own individual electrical supply cable and individual meter point at each dwelling including the ripple relay.

7. All electrical wiring to be done at the proposed development would have to comply with the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.

8. All pre-payment meters and ripple relays to be utilized by the consumer is to be purchased at the client services on the 4th floor of the new building at the Civic Centre and that a compliance certificate (CoC) is to be handed in at the abovementioned offices for every electrical connection done.

9. The registered electrical contractor would have to provide the Client Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling.

10. The municipality will not be held responsible to refund or replace any of the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application.

11. Should the client install any three (3) phase machinery on the premises he will be responsible to ensure that adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate.

12. The consumer has the responsibility to protect machinery, electronic equipment or any sensitive equipment against power surges.


14. Given that occasional power interruptions are inevitable, the customer has the responsibility to take appropriate measures to counter the consequences.


16. No person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at

85



the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.



Erven 5632 and 5633 Kimberley are zoned “Residential 1” in terms of the Land Use Scheme 2008; and is owned by Sol Plaatje Municipality. The attributes of the site is as follows:

The properties are currently vacant with shrubs.

There is a mini electrical power station at the corner of Erf 5632

The properties directly gain access from Woodman Street, Southridge,

The extent of the consolidated erven is 1276 square metres.

The properties are abutted by vacant erven and residential area.

The intention of the applicant (Mr R Shivuri) is to purchase Erven 5632 and 5633 Kimberley for residential purposes. The properties are indicated in red with an extent of 1276 square metres.

The Urban Planning Division, in principle, has no objection to the application. The applicant must also adhere to the requirements of the approved Policy on Land Other Immovable Capital Assets, specifically with regards to the following areas: Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.10 - The immovable asset may only be used for the purpose as

approved by Council and purposes regularized by town planning Annexure B Clause 1.11 - The asset may only be used for the purpose of which it was let and

purposes regularized by town planning schemes The SDF 2008-12 objective for sub area 6 (Southridge) promotes and support strategic residential densification with particular focus on inclusionary housing and to promote and

86



support hospitality accommodation. Recommendations: The Urban Planning Division recommends the proposed alienation of Erven 5632 and 5633 for approval, subject to the following conditions: 1. That the applicant will be responsible for all costs incurred as a result of this application.


3. That the applicant consolidate the two (2) properties (erven 5632 and 5633) Kimberley to

form one property with an extent of 1276m².

4. That the applicant submits a separate application for consolidation in terms of section

4(2)(b) (ii) and 13 of the Sol Plaatje Land Use Management By-laws, 2015.










The applicant (Mr R Shivuri) has applied for the subject land parcel in order to erect a dwelling thereon. The second applicant whom applied later (Mr A Chohan) and no reasons have been provided for purchasing purposes. The first applicant is currently wishes to erect a residential house as per his application form. A deed search was conducted at the deeds office using the applicant’s ID no and no proof of ownership could be established. However (AIDA) also applied for the said erven and it must be noted that the company owns number of properties and cannot be disclosed for privacy purposes. The IDP (2017-22) key objectives should be taken into consideration as and when minimum level of basic municipal services in this scenario (alienation of land) is undertaken. Furthermore one of the key pillar objectives of IDP is to achieve Spatial Transformation. It should be acknowledged that “spatial transformation” is required to address the injustices of the past as well as promotion of integration in society in order to address inequality and also spatial justice which advocates for improved access to use of land. Moreover the urban land reform is crucial, as cities cannot continue to locate people on the periphery or allow developments that are contrary to the state’s transformation agenda as

87



elaborated in the NDP (National Development Plan 2030). The Properties Section, in principle, has no objection to the proposed alienation of subject properties. In light of the above it is clear that the sale of land to the second applicant Mr R Shivuri will assist in achieving spatial transformation objectives of the IDP (2017-2022). Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset:

“(2) A municipality may transfer ownership or otherwise dispose of a capital asset other than one contemplated in subsection (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



community value to be received in exchange for the asset.

The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The item is recommended to the SPELUM Committee for Council approval. Legal Authority The application is regarded as a disposal of a capital asset in terms of :


The Local Government: Municipal Asset Transfer Regulations, 2008 (Government Gazette

Number 31346)

Sol Plaatje Municipality Policy on Land and Other Immovable Capital Asset (2016).


There are none for Council. All cost in this regard will be for the account of the applicant. A valuation of R 300,000.00 (Erf 5632 Kimberley) and R 310 000.00 (Erf 5633 Kimberley) (VAT exclusive) was determined by Valudata Valuers, Assessors and Property Consultant. Contact Persons: Acting Manager Properties: Mr N Modiba, Ext. 6457 SPL92/11/17 RESOLVED TO RECOMMEND TO COUNCIL:

That the alienation of Erf 5632 and 5633 Kimberley, Woodman Street, Southridge be approved for an amount of R 610 000.00 (VAT exclusive) in favour of Mr R Shivuri; subject to the following conditions:

1. That the applicant will be responsible for all cost incurred as a result of this

application.

2. That the proposal be advertised and if any objections are received, a further

report on such will have to be submitted to the SPELUM Committee.

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3. That the council refuse the application from AIDA in terms of Section 4.1 (g)

of the Policy of Land and Other Immovable Assets 2016 and also exercise its

right not to dispose of any portion of land as it does not meet the key

objectives of the IDP (2017-2022).

4. That Mr A Chohan be allocated Erf 5527 Kimberley.

5. That the standard reversionary clause be included in the Deed of Sale.

6. That the following conditions had to be adhered to:

(a) No buildings or structures or walls to be erected over services or in the servitude.

(b) Municipal officials to have access for inspection, maintenance or construction work, as and when required (including after hours or on weekends).

(c) The Municipality will not be liable for the replacement or repairs, or for the cost thereof, to any structure or paving materials in the servitude.

(d) The Municipality will not be liable for any claims or costs which may arise as a result of direct or consequential damages attributable to any event or consequence of events associated with the services situated in the servitude.

7. That all new domestic sewer lines and manholes must be shown on building

plans. All new services must be designed by a Consulting Engineer to the depth and location of existing services; mentioned designs must be submitted to the City Engineer for approval before construction can commence. All meter points to be situated outside the erf boundary.

8. That it be note that this only indicates the positioning of existing services.

Once plans have been submitted for approval can commentary be made regarding the capacity of the services that would be needed and whether the existing services can accommodate the new demand; therefore Sol Plaatje Municipality does not take responsibility should existing infrastructure nit meet the required demand.

9. That should it be required that the existing infrastructure needs to be

upgraded in order to accommodate the new development, the applicant will be responsible for a percentage of the costs that would be required to facilitate this upgrade.

10. That further submissions must be made to obtain additional approvals with

regards to any intent to changes or affects, which could influence the existing roads and stormwater system in the vicinity of the proposed site.

11. That it is recommended that an Engineer be appointed to design any new

related engineering structures linking to existing roads and stomrwater amenities (if needed). Should there be a need for any said additional infrastructure; design shall be submitted to the Office City Engineers (Roads and Stormwater) for approval. Only once approval is granted shall construction commence. This includes (but is not restricted to) the construction of the parking area, accesses (lowering of kerbs an additional entrances) and the provision of roads and stormwater. If there arises any cost

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from any of the conditions relayed above, it shall be solely for the account of the applicant.

12. That presently a 315kVA mini sub-station is positioned along the corner splay

of erf 5632 that energizes the low voltage cable infrastructure along section of Smart Street, which is also has to supply the proposed low voltage cable that is to still be installed along Woodman Road, due to this section of Woodman Road not being developed to date.

13. That the applicant would have to notify this Sub-Directorate Electrical

Services in writing on the approval of this application how many dwellings he intends to erect of the consolidated erf of these two erven 5632 and 5633 into as no indicating is made in his application.

14. That only on receipt from the applicant of the amount of dwelling he intends

to develop can a cost estimate be prepared to provide the standard 60-Ampere supply point per dwelling at the consolidated erf, that would be for the full cost of the applicant.

15. That should the applicant of consolidated erf or erven 5632 and 5633,

Woodman Road, Southridge, Kimberley require a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.

16. That all street light along Smart Street, Southridge, Kimberley have been

positioned in accordance to the specification as set out in the SANS 11098-1 for the lighting of roadways. Should any of these street lights have to be moved to the opposite side of the roadway where possible on requested by the owner, the full cost thereof will be for the applicant.


cable and individual meter point at each dwelling including the ripple relay. 18. That all electrical wiring to be done at the proposed development would have




20. That the registered electrical contractor would have to provide the Client Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling.

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21. That the municipality will not be held responsible to refund or replace any of the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application.




equipment or any sensitive equipment against power surges. 24. That where continuous supply is required the customer has the responsibility

to install a standby supply, which is to comply with municipal by-laws regarding the installation and commissioning of such units.

25. That given that occasional power interruptions are inevitable, the customer

has the responsibility to take appropriate measures to counter the consequences.

26. That all electrical work done at the above-mentioned erf is to be done by a

registered electrical contractor acknowledged by this municipality. 27. No person shall permit the connection of any completed or partially completed

electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.

28. Provided that the supplier may on request connect the supply to the



30. That the applicant consolidate the two (2) properties (erven 5632 and 5633)

Kimberley to form one property with an extent of 1276m².

31. That the applicant submits a separate application for consolidation in terms

of section 4(2)(b) (ii) and 13 of the Sol Plaatje Land Use Management By-laws,

2015.

32. That in addition to the abovementioned the applicant follows due procedure

with regard to land use management aspects as outlined in the approved

Policy on Land Other Immovable Capital Assets, specifically:

Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A

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Clause 1.1 - Associated and relevant costs to be borne by the applicant.

Clause 1.10 - The immovable asset may only be used for the purpose as approved by Council and purposes regularized by town planning

Annexure B Clause 1.11 - The asset may only be used for the purpose of which

it was let and purposes regularized by town planning schemes

33. That in the event of any Telkom apparatus being affected, this will take the

form of a separate agreement between Telkom authorities and the applicant.

34. The applicant has a right to appeal Section 62 MSA.

__________________________________________________________________________

7. SPL93/11/17: Proposed Alienation, Rezoning and Sub-division of Erf 16960

Galeshewe 2, Nobengula Street.

15/3 – 16960G N. Modiba

Applicants : Lesabuzz (Pty) Ltd 18120 Edward Moeng Street 8345 M Moetlo 6161 Mankurane

Kimberley 8345 Me I Lehula 17093 Matshediso Street Galeshewe 8345 Ms B de Bruin 17205 Vanani Street Kimberley 8345 Mr C G Morudi NAFCCI Kimberley 8301 Mrs T S Davids Rivera Kimberley 8301

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Mr S Kock 18756 Kock Street Galeshewe 8345 Mr E Patel 18325 Forest View Street Kimberley 8345 Mjila & Partners Attorneys Po Box 3025 Kimberley 8300 (10 applicants) Property Description : Erf 16960 Galeshewe, Nobengula Street Ownership : Municipality Current Extent : 4500 m2

Proposed Extent : +- 915 m2

Present Zoning : Institutional Proposed Zoning : Business 1 Restrictive Conditions : None Locality : See annexure 2 Annexures 1. Applications 2. Locality Plan 3. Detail Plan 4. Valuation Comments. 5. LED application for Informal Trade.

ANNEXURE p. 40 - 59 Purpose The purpose of the item is to request Council’s approval for the alienation of Erf 16960 Galeshewe, Nobengula Street. Inter Directorate Consultation Executive Director lnfrastructure Services (1) Sub-Directorate Water and Sanitation

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The water and sanitation network will not be affected by the proposed alienation of the mentioned erf. Therefor this section has no objection to the proposal. (2) Sub-Directorate Roads and Stormwater The sub-directorate, Roads and Storm water does not object to the abovementioned proposal. Engineering services in terms of roads and stormwater will not be affected. Should there be a need for any additional infrastructure, all the costs for the abovementioned proposal will be the responsibility of the applicant. The applicant shall without any compensation be obliged to allow drainage, including stormwater of any other erf or erven to be conveyed across the leased erf. This shall include the right of access to the erf at any reasonable time of the purpose of constructing, altering, removing or inspecting any works connected with the above. (3) Sub-Directorate Electrical 16960 Electrical services will be directly affected by the proposed alienation of erf 16960, Nobengula Street, Extension, Galeshewe, Kimberley as applied for. At present an 11000 Volt overhead line extends across erf 16960, Nobengula Street Extension as applied for the proposed alienation of erf 16960. The following should be included as conditions of approval. 1) At present an 11kV overhead line extends across erf 16960, Nobengula Street Extension

that is not in operation, which on the approval of this application to the successful applicant will be removed by technical staff rom this Sub-Directorate Electrical Services as applied for.

2) The standard 60-Ampere single phase supply point or the standard 60-Ampere three phase supply point at the present day cost can be made available to the alienation of erf 16960, Nobengula Street Extension, Galeshewe as applied for.

3) Should the applicant of erf 16960, Nobengula Street Extension, Galeshew require a larger

supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.

4) Each dwelling must be supplied with its own individual electrical supply cable and

individual meter point at each dwelling including the ripple relay. 5) All electrical wiring to be done at the proposed development would have to comply with

the wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.

6) All pre-payment meters and ripple relays to be utilized by the consumer is to be purchased

at the client services on the 4th floor of the new building at the Civic Centre and that a compliance certificate (CoC) is to be handed in at the abovementioned offices for every electrical connection done.

94



7) The registered electrical contractor would have to provide the Client Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling.

8) The municipality will not be held responsible to refund or replace any of the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application.

9) Should the client install any three (3) phase machinery on the premises he will be

responsible to ensure that adequate protection against single phasing is installed. Any claims in this regard at any time will not be considered by this directorate.

10) The consumer has the responsibility to protect machinery, electronic equipment or any

sensitive equipment against power surges. 11) All electrical work done at above-mentioned erf would have to comply with the wiring code

of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.

12) Where continuous supply is required the customer has the responsibility to install a

standby supply, which is to comply with municipal by-laws regarding the distribution of electricity.

13) Given that occasional power interruptions are inevitable, the customer has the

responsibility to take appropriate measures to counter the consequences. 14) All electrical work done at the above-mentioned erf is to be done by a registered electrical

contractor acknowledged by this municipality.

15) No person shall permit the connection of any completed or partially completed electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.

16) Provided that the supplier may on request connect the supply to the installation for the purpose of testing and completion of the Certificate of Compliance by the appropriate person.


Erf 16960 Kimberley, Galeshewe is zoned “Institutional” in terms of the Land Use Scheme 2008; and is owned by Sol Plaatje Municipality. The attributes of the site are as follows:

A large portion of the property is currently vacant with an informal trading operating next to Nobengula Street;

The property gain direct access from Nobengula Street;

The property is owned by the Municipality with an extent of 4505m²;

There are dilapidated structures (pillars) from a fallen structure that need to be demolished;

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The surrounding neighbourhood is dominated by residential.

The intention of the applicant (T Pharasis) intend to purchase a portion of Erf 16960, Galeshewe for Institutional. The Urban Planning Division, in principle, has no objections to the application. The applicant must also adhere to the requirements of the approved Policy on Land Other Immovable Capital Assets, specifically with regards to the following areas: Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.10 - The immovable asset may only be used for the purpose as


purposes regularized by town planning schemes The SDF 2008-12 objective for sub area 25 (Galeshewe Ext 2) is to maintain and enhance residential function of the sub-area with the role and function of residential enhancement, densification and infill. Recommendations: The Urban Planning Division recommends the proposed alienation of Erf 16960 Galeshewe, Nobengula Street for approval, subject to the following conditions: 1. That the applicant will be responsible for all costs incurred as a result of this application.


3. That the property be subdivided into three portions in terms of Section 4 (2) (b) (i) and 9

of the Land Use Management By-law, 2015 read together with the Spatial Planning and Land Use Management Act 16 of 2013 as follows:

Remainder 16960 Galeshewe - 1142m² Portion A - 915m² Portion B - 1147m² Total - 3204m²

4. That the extent of the property to be alienated be 1147m²





approved by Council and purposes regularized by town planning

96







Sub-Directorate Properties

There are ten (10) applicants for the erven and only one (01) applicant who currently have a municipal permit issued via the LED Department in order to operate a fruits and veg business on the site. However the applicant wants to expand and also persue growth in their business in order to employ more people as currently the applicant have 04 employees as also indicated on the attached application documentation. If the municipality alienate portion of the land to the current holder of permit the applicant will therefore migrate from Informal trader to a formal trader whom will be equally paying rates and taxes for the mentioned proposed portion.

“Defining Street Strading/Informal Trading” Street trading can be defined as “an activity for marginalised groups in society who trade informally owing to lack of capital, as an alternative to formal economy employment to supplement wages and welfare benefits to purchase basic household needs”. In this scenario the municipality of Sol Plaatje Municipality have an opportunity to grow the informal trader into mainstream economy on the basis of provision of land that have been applied by a permit holder. Section 152 of the Constitution of South Africa (RSA, 1996) stipulates that the local government must ensure the provision of services to communities in a sustainable manner, promote social and economic development and a safe and healthy environment. Street traders as citizens of the country and crucial economic actors, qualify to be developed economically and be protected by the very same law. However, the poverty trap realised over a long time can be overcomed in this scenario if the municipality provide only a portion of land to the informal trader i.e 915 meter square in extent

Name of Applicant Proposed Use LED INFORMAL TRADE PERMIT/APPLICATION

1. Leazbuzz Pty (Ltd) Business 1 (expansion of current business).

YES

2. Ms MM Moetlo Student Accommodation No

3. Mr CG Morudi Business No

4. Mrs T S Davids Filling Station No

5. Mr B De Bruin Business Purpose No

6. Mr E Y Patel Aslum Cash Store No

7. Me I Lehula Gardening Purpose No

8. Pastor GBN Mthembu UCEC Community Centre No

9. Mr Steven Kock Scrap Metals No

10. Mjila & Partners Delicious Den No

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Moreover initiatives of this nature will complement the surrounding land uses and also lead to increased rates and taxes for the municipality. The Business will seek to address the principle of sustainability contained in SPLUMA (Spatial Planning and Land Use Management Act 16 of 2013) The Properties Section, in essence, has no objection to the application but as and when municipal land is alienated the following Section of MFMA should be considered: Section 14(2) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) stipulates how a municipality may dispose of a capital asset:


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.

The subject land parcel is not earmarked to provide the minimum levels of basic municipal services in accordance with Section 14(1) of the MFMA. The alienation is recommended to the SPELUM Committee for Council approval. Financial Implications There are none for Council. The prices will vary as per the size of property


4500 m2 R 215/ m2




Sol Plaatje Municipality Policy on Land and Other Immovable Capital Assets (2011) Contact Person Acting Properties Manager: Mr N. Modiba, Ext. 6457 SPL93/11/17 RESOLVED TO RECOMMEND TO COUNCIL:

1.(a) That alienation, rezoning and sub-division for Erf 16960 Galeshewe, Nobengula Street for “Business 1” purposes be approved and alienated to the following applicant subject to the following conditions:


Portion A of Erf

16960

915 m² R 196 725.00

(vat exclusive)

Lesabuzz (Pty) Ltd

Portion B of Erf 1793 m² R 385 495.00 Tender Process.

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2. That the applicant be selected on the basis of social need and community value.

3. That the standard reversionary clause be included in the Deed of Sale. 4. That the proposal be advertised and if any objections are received, a further

report be submitted to the Spelum Committee. 5. The water and sanitation network will not be affected by the proposed

alienation of the mentioned erf. Therefor this section has no objection to the proposal.

6. Engineering services in terms of roads and stormwater will not be affected.

7. That should there be a need for any additional infrastructure, all the costs for

the abovementioned proposal will be the responsibility of the applicant. 8. That the applicant shall without any compensation be obliged to allow

drainage, including stormwater of any other erf or erven to be conveyed across the leased erf. This shall include the right of access to the erf at any reasonable time of the purpose of constructing, altering, removing or inspecting any works connected with the above.

9. That at present an 11kV overhead line extends across erf 16960, Nobengula

Street Extension that is not in operation, which on the approval of this application to the successful applicant will be removed by technical staff rom this Sub-Directorate Electrical Services as applied for.

10. That the standard 60-Ampere single phase supply point or the standard 60-

Ampere three phase supply point at the present day cost can be made available to the alienation of erf 16960, Nobengula Street Extension, Galeshewe as applied for.

11. That should the applicant of erf 16960, Nobengula Street Extension, Galeshew

require a larger supply point, then a written application would have to be made to this directorate stating the required electrical capacity needed, which will be for the full cost of the applicant including any electrical upgrading of the pole transformer, local transformer at the sub-station or mini sub-station and installation of new medium or low voltage cables within the electrical network or both cables as specified, should there be sufficient capacity on the present electrical network.

16960 (vat exclusive)

Remainder of Erf

16960

1793 m² R 385 495.00

(vat exclusive)

Tender Process.

Total 4500 m²

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12. That each dwelling must be supplied with its own individual electrical supply cable and individual meter point at each dwelling including the ripple relay.

13. That all electrical wiring to be done at the proposed development would have




15. That the registered electrical contractor would have to provide the Client

Services on the 4th floor of the new building at the Civic Centre with the standard compliance certificate (CoC) for every individual service done before electricity will be energized to this dwelling.

16. That the municipality will not be held responsible to refund or replace any of

the applicant’s electrical equipment or loss in revenue in the event of home owner’s business or loss of productivity or consumables due to any electrical failure or electrical distortion to the electrical system due to the inaccessible use of electricity by the applicant in this residential area due to this application.




equipment or any sensitive equipment against power surges. 19. All electrical work done at above-mentioned erf would have to comply with the

wiring code of practice for premises as set out in the SANS 10142-1 and Occupational Health and Safety Act.

20. Where continuous supply is required the customer has the responsibility to install a standby supply, which is to comply with municipal by-laws regarding the distribution of electricity.

21. Given that occasional power interruptions are inevitable, the customer has the

responsibility to take appropriate measures to counter the consequences. 22. All electrical work done at the above-mentioned erf is to be done by a

registered electrical contractor acknowledged by this municipality. 23. No person shall permit the connection of any completed or partially completed

electrical installation to the electrical supply unless it has been inspected and tested by an accredited person who must issue a certificate of compliance, which is to be handed in at the client services on the 4th floor of the new building at the Civic Centre on the completion of every electrical installation done.

100




25. That the applicant pays any levies due to Council. 26. That the property be subdivided into three portions in terms of Section 4 (2)

(b) (i) and 9 of the Land Use Management By-law, 2015 read together with the Spatial Planning and Land Use Management Act 16 of 2013 as follows: Remainder 16960 Galeshewe - 1142m² Portion A - 915m² Portion B - 1147m² Total - 3204m²

27. That the extent of the property to be alienated be 1147m² 28. That in addition to the above mentioned the applicant follows due procedure


Clause 4.3(d) - Use of land (residential vs. non-residential uses) Clause 8.2 - Public Participation Process Annexure A Clause 1.10 - The immovable asset may only be used for the






___________________________________________________________________________ 8. SPL94/11/17: Proposed Inclusion of Portion 18 of the Farm Roodepan 70 into the

Sol Plaatje Municipality Urban Edge. Mr N Modiba

Applicant : Khare Inc Nita Conradie Property Description : Portion 18 of the Farm Roodepan 70

Extent : +- 151 ha Present Zoning : Agriculture

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Proposed : Incoporation into Urban Edge Restrictive Conditions : None

Locality : See annexure 2 Annexures 5. Application

6. Development proposal

7. Letter from DENC (Department Environment & Nature Conservation)

ANNEXURE p. 1 - 19 Purpose The purpose of the application is to request Council approval for the inclusion of Portion 18 of the Farm Roodepan 70 into the Sol Plaatje Municipality Urban Edge. Background The applicant intend to develop mixed use development on Portion 18 of the Farm Roodepan 70, however the point of departure prior to submission of complete land use application is to incorporate the area into the urban edge. The proposal comprise of the following land uses: Urban Planning

The applicant (Khase Inc) has applied for the inclusion of the subject land parcel in order to establish a mixed use development in phases for the period of 4-10 years. The development includes the following:

1. High density residential development (80/ha). 2. Medium density residential development (40/ha). 3. Low desity residential development (20/ha). 4. Business purpose. 5. Industrial. 6. Communicty facilities.

The entire development will consist of 2574 mixed use units. Below is the map outlining boundary of Urban Edge:

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In order to understand the reasons for the inclusion of the proposed development within the Municipal Urban Edge the point of departure will be “Defining the Urban Edge”. “The urban edge can be defined as an institutional boundary within the municipality with the sole purpose of containing physical development and sprawl and re-directing growth towards a more integrated, compact and efficient urban form.

Spatial Planning and Land Use Management Act, 2013 objectives are the following:

Promoting densification,

Integration of urban areas with rural and disadvantaged areas;

The optimum use of neglected area;

Responding to the population pressure by providing strategic land for mix use development.

Redirection of bulk services to the potential areas for future development. Amongst other factors to be considered the following must be taken into consideration:

1. Viability of the development on site

The proposed portion 18 of Farm 70 is strategically located in Roodepan area and not far from Lerato Park. The proposed development will promote the intergration of urban areas with the disadvantaged areas.

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2. Developability of the site The proposed portion will be easily developed due to the flat terrain of the area and the services will be easily accessible as there are established townships and town in close proximity to the area.

3. Environmental sensitivity of the site

Once the inclusion of the proposed portion within the Sol Plaatje Spatial Development Framework is approved by Council, all the necessary informaation will be required from the applicant:

A Record of Decision from DENC will form part of the required information. Legal Authority Spatial Planning and Land Use Management Act 16 of 2013. Financial Implications None Contact Person Chief Town Planner: Mr N Modiba, Ext. 6457 SPL94/11/17 RESOLVED TO RECOMMEND TO COUNCIL:

That the inclusion of Portion 18 of Farm Roodepan 70 in the Sol Plaatje SDF for the purpose of developing a mix use development be approved subject to the following conditions:

1. That the applicant will be responsible for all costs incurred as a result of this

application.

2. That a completeTownship Establishment application be submitted to the Sol

Plaatje Municipal Planning Tribunal in terms of Sol Plaatje Land Use By-Law

(2015).

3. That a full Scoping and Environmental Impact Assessment (EIA) be submitted as

per letter recieved from DENC.

4. That the appropriate buffers on the drainage lines and wetland areas be

determined during the Scoping & EIA phase and confirmed by a specialist.

5. That the extent of the wetland area in the centre of the site also to be delienated.

__________________________________________________________________________

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9. SPL95/11/17: Proposed Rezoning and Subdivision Of Erf 36105 Kimberley, C/O Tulbach And Wellington Streets, Hillcrest

(Ward 2) (15/3: 36105 Kimberley) Mr. O Marwane 28 September 2017

Applicant : BBC Planning & Concepts P.O. Box 981 Kuruman 8460 (On behalf of Tebogo Leeuw)

Property Description : Erf 36105, C/O Tulbach andWellington

Streets, Hillcrest, Kimberley Area : Erf 36105 Kimberley – 839 m2

Present Zoning : Residential 1

Restrictive Conditions : None

Locality : See Annexure 1

Annexures : 1. Locality Plan 2. Motivation Report

3. Letter addressed to applicant dated 12 May 2017

ANNEXURE p. 20 - 25

Purpose

The purpose of this application as provided for in terms of Chapter V of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) is to obtain the approval of the Sol Plaatje Municipality for the withdrawal for the following:

a) Proposed rezoning of Erf 36105 Kimberley, c/o Tulbach and Wellington Streets, Hillcrest from “Residential 1” to “Residential 2”;

b) Proposed Subdivision of Erf 36105 Kimberley into Portion A and Remainder Erf Background Erf 36105 Kimberley is situated in the suburb of Hillcrest. The property can be accessed via Tulbach and Wellington Streets. Motivation by applicant The motivation by the applicant is attached as annexure 2.

Financial Implications

None to Council.

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Public Participation

The application could not be processed for advertising due to outstanding information not provided by the applicant. Inter-sectoral Consultation The application could not be forwarded to internal departments for comments as the application was not submitted in completion by the applicant. Urban Planning

The purpose of this application as provided for in terms of Chapter V of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) is to obtain the approval of the Sol Plaatje Municipality for the withdrawal for the following:


b) Proposed Subdivision of Erf 36105 Kimberley into Portion A and Remainder Erf Reasons for withdrawal of application The said application for Erf 36105 Kimberley was submitted by BBC Planning & Concepts (On behalf of Tebogo Leeuw) to the municipality on 18 February 2015 and the application was acknowledged by the Urban Division in a letter dated 02 March 2015. The letter of acknowledgement was then forwarded to the applicant (BBC Planning & Concepts) requesting for outstanding additional information of which the applicant failed to respond to. The information requested was as follows:

1. Submission of Professional Town Planner Registration number for the consultant responsible for compiling the application;

2. Submission of copy of the Title Deed of the property; 3. Submission of copy of Bondholders Consent letter if the property is bonded; 4. Submission of revised subdivision plan drawn to scale, and showing extents of each

subdivided portions; and 5. Submission of a detailed site development plan

As such, the application could also not be processed for advertising and circulation to internal departments for comments due to the abovementioned outstanding information. Additionally, a second reminder letter (dated 12 May 2017) was again addressed to the applicant via registered post. The applicant was advised through the letter that the application submitted was incomplete and that if no response was received, that the application would be withdrawn and that a new application in terms of the Sol Plaatje Land Use Management Bylaw, 2015 read together with Spatial Planning and Land Use Management Act (Act 16 of 2013) would need be submitted (See annexure 3). To date, it has been over (2) years that the applicant failed to furnish any response to the municipality. Thus, the Urban Planning Section deems this application as incomplete. The Division therefore recommends the application to the SPELUM Committee for Council withdrawal.

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This application is regarded as a subdivision and rezoning in terms of Chapters V and VI of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998).

Contact Person: Town Planner: Mr. O Marwane, ext. 6475 Compiled by : Ms N Swarts, ext. 6330 SPL95/11/17 RESOLVED TO RECOMMEND TO COUNCIL:

That the application for the following:


b) Proposed Subdivision of Erf 36105 Kimberley into Portion A and Remainder Erf In terms of Chapters V and VI of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998), be withdrawn subject to the following conditions:

1. That the applicant be responsible for all costs incurred as a result of this

application; 2. That the applicant pays all levies due to Council, if there are any;

3. That the development application is incomplete and can therefore not be

supported;

4. That the applicant acknowledges receipt of conditions within a period of thirty (30) days after acceptance of the letter of notification on the outcome of the council decision or risk the cancellation of council approval, if deemed necessary;

5. That a new application in terms of the Sol Plaatje Land Use Management Bylaw,

2015 read together with Spatial Planning and Land Use Management Act (Act 16 of 2013) be submitted by the applicant;

6. That the applicant has a right to appeal the decision by Council within 21 days

of notification. __________________________________________________________________________

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10. SPL96/11/17: Proposed Rezoning Of Erf 1898 Kimberley, 9 Connolly Street, Beaconsfield

(Ward 28) (15/3: 1898 Kimberley) Mr. O Marwane 16 October 2017

Applicant : Equilibrium Town Planning Services 19A Ophelia Street Herlear Kimberley 8300 *Registration no. A/116/1985) (On behalf of Forlee Property Trust (IT

25/2004) Property Description : Erf 1898 Kimberley, 9 Connolly Street,

Beaconsfield Area : Erf 1898 Kimberley – 1 224 m2

Present Zoning : Residential 1



Annexures : 1. Locality Plan 2. Motivation Report

3. Site Development Plan

ANNEXURE p. 26 - 31

Purpose

The purpose of this application as provided for in terms of Chapter V of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) is to obtain the approval of the Sol Plaatje Municipality for the withdrawal of the proposed rezoning of Erf 1898 Kimberley, 9 Connolly Street, Beaconsfield from “Residential 1” to “Residential 3” to erect flats. Background Erf 1898 Kimberley is situated in the suburb of Beaconsfield. The property can be accessed via Connolly Street. Motivation by applicant The motivation by the applicant is attached as annexure 2.


None to Council.

108



Public Participation

The application could not be processed for advertising due to outstanding information not provided by the applicant. Inter-sectoral Consultation The application could not be forwarded to internal departments for comments as the application was not submitted in completion by the applicant. Urban Planning

The purpose of this application as provided for in terms of Chapter V of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998) is to obtain the approval of the Sol Plaatje Municipality for the withdrawal of the proposed rezoning of Erf 1898 Kimberley, 9 Connolly Street, Beaconsfield from “Residential 1” to “Residential 3” to erect flats. Reasons for disapproval of application The said application for the proposed erection of flats on Erf 1898 Kimberley was submitted by Equilibrium Town Planning Services (On behalf of Forlee Property Trust) to the municipality on 19 June 2014 and the application was acknowledged by the Urban Division in a letter dated 04 July 2014. The letter of acknowledgement was then forwarded to the applicant (Equilibrium Town Planning Services) requesting for outstanding additional information of which the applicant only responded to one matter. The information requested was as follows:

1. Submission of comments from the Heritage Authority (Ngwao Boswa) 2. Submission of a detailed site development plan

Furthermore, the applicant had requested the Urban Planning Division to put the application on hold, due to certain matters which the applicant needed to sort out before the application could be proceeded with. As such, the application could not be processed for advertising and circulation to internal departments for comments due to the abovementioned outstanding information and request of the applicant to put the application on hold. To date, it has been over (3) years that the applicant has failed to furnish any information or response to the municipality with regard to the proposed application. Thus, the Urban Planning Section deems this application as incomplete and the Division therefore recommends the application to the SPELUM Committee for Council withdrawal. Legal Authority and Implications

This application is regarded as a subdivision and rezoning in terms of Chapters V of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998).

Contact Person: Town Planner: Mr. O Marwane, ext. 6475 Compiled by: Ms N Swarts, ext. 6330

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That the application for: Proposed rezoning of Erf 1898 Kimberley, 9 Connolly Street, Beaconsfield from “Residential 1” to “Residential 3” to erect flats in terms of Chapters V of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998), be withdrawn subject to the following conditions:

1. That the applicant be responsible for all costs incurred as a result of this

application;

2. That the applicant pays all levies due to Council, if there are any;

3. That the development application is incomplete and can therefore not be supported;

4. That the applicant acknowledges receipt of conditions within a period of thirty (30)

days after acceptance of the letter of notification on the outcome of the council decision or risk the cancellation of council approval, if deemed necessary;

5. That a new application in terms of the Sol Plaatje Land Use Management Bylaw, 2015 read together with Spatial Planning and Land Use Management Act (Act 16 of 2013) be submitted by the applicant;

6. That the applicant has a right to appeal the decision by Council within 21 days of notification.

__________________________________________________________________________ 11. SPL97/11/17: Proposed Rezoning And Subdivision Of Consolidated Land Unit

Consisting Of A Portion Of Erf 42653 And Erf 14093 Kimberley, Macdougal Street, El Toro Park (For Township Establishment)

(Ward 26) (15/3 – 42653) V Mpekula 20 October 2017

Applicant: MVD Kalahari Town and Regional Planners

P.O. Box 5810 Kimberley 8300 *Registration no. A/578/1988 (On behalf of Mr PA Els & PA Els Family Trust Registration no. IT110/2003)

Property Description: Erf 42653 Kimberley, MacDougal Street, El Toro Park Erf 14093 Kimberley, Botma Street, El Toro Park

Area: Erf 42653 Kimberley - 31.858 Ha Erf 14093 Kimberley – 0.8192 Ha

110



Present Zoning: Erf 42653 Kimberley - Agricultural Erf 14093 Kimberley - Private Open Space

Restrictive Title Deed Conditions: No Purpose

The purpose of the item is to provide feedback on issues that were raised at a SPELUM committee meeting with resolution SPL40/07/17. Background An application for the following was submitted to SPELUM in terms of the Northern Cape Planning and Development Act, 1998 (Act 7 of 1998):

d) Subdivision of Erf 42653 Kimberley into a Remainder and a Portion; e) Consolidation of the proposed Portion of Erf 42653 with Erf 14093 Kimberley to

establish a development area; and f) Rezoning and subdivision of the consolidated land unit to establish the proposed

township.

The proposed land parcel does not have the required bulk services to support the proposed development. Therefore, SPELUM resolved as follows as per resolution number SPL40/07/17:

1. That the item be held in abeyance and the following officials be summanced to attend the next committee meeting for their inputs regarding the rezoning and subdivision of consolidated land:

Municipal Manager

Chief Financial Officer

ED: SEDP

Acting ED: Infrastructure & Services (T Raseobi)

Chief Town Planner

Valuator

2. That the Executive Mayor and officials from MVD Kalahari, Coghsta and National Treasury be invited to attend the next meeting.

3. That MVD Kalahari be requested to compile a cost analysis on the subject of a

sewerage plant for township development on erf 42653 and 14093 in Macdougal Street, El Toro Park.

Conclusion That SPELUM Committee be informed of the following:

1. A Technical meeting with the relevant internal officials as well as MVD Kalahari Town and Regional Planners is arranged for the 31 October 2017 to discuss and provide solutions regarding the unavailability of bulk services at El Toro Park;

2. MVD Kalahari was also informed to compile a cost analysis report for bulk services and submit not later than the 30 November 2017;

111



3. The other affected Departments such as Coghsta and the National Treasury will be invited to the next SPELUM meeting when all the information required is obtained.

FOR INFORMATION SPL97/11/17 RESOLVED TO RECOMMEND TO COUNCIL:


__________________________________________________________________________

12. SPL98/11/17: Outdoor Advertising Application: Premier Sayina Africa.

(L van Gensen)

Applicant : Gawie Smith 112 Long Street Kimberley



Annexures : 1. Locality Plan

2. Detail Plan 3. Motivation 4. Subdivision plan ANNEXURE p.32 - 65

Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for Motor

Dealer (Kimberley).

The aim of this project is to facilitate growth in Kimberley through sustaining current business

activities and diversifying services and initiatives through attracting new investment.

Background

A number of directional road signs have been approved. The normal process for approval of

applications is as follows.

An application is lodged through the submission of application forms that are issued by the Sol

Plaatje Municipality.

Once the application and application fee is submitted to the LED Unit, the LED Unit submits

forms to the following sections:

Traffic section

112



Building services

Urban Planning

Electrical section and

Road and storm water service

These sections will then make comments on the space provided on the application form where

they indicate either they approve or they object.

Motivation

The Pylons will be used for marketing purposes.

Council determined rental and application fee.

Personnel implications

LED Unit, Town Planning

Building Section, Road and Storm Water Services

Traffic and Electrical Services


This development could result in increased rates and services income.

Inter-sectoral consultation

Building Section

The proposed application is supported.

Road Storm Water Services

All in order.

Urban Planning Division

The Urban Planning Division have no objections to the proposed advertising boards.

Electrical Services

The Sub-Directorate Electrical Services has no objected to the proposed advertising

boards as applied for.

Traffic Department

The section has no objection to the proposed advertising boards.

LED Unit

The application is in order.

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Legal Authority

Outdoor Advertising By-Law of SPM, 2011.

Consultation

LED General Manager, ED: SEDP

Contact person

Mildred Modise

Ext: 6274


1. That the application for Motor Dealer pylons is approved.

2. That the rental income be R200 per month plus VAT from the period that Council

approves the application to 30 June 2018 and R313 for the application fee which

is once off payment.

3. The rental period be granted for 3 years.

4. In terms of MFMA, no contract may be awarded for longer than 3 years unless a

public participation process is followed prior to the appointment.

5. The applicant will be responsible for all costs incurred as a result of this

application.

6. The applicant shall adhere to Sub-subsections 3 (1) (iii), (vi) and (vii) of the

Advertising Signs and Disfigurements of the Fronts of Frontages of Streets

Control By-Law, 2011 (No.1818) and all other sections thereof; and proof thereof

must be submitted of the LED Sub – directorate.

7. The municipality reserves the right to withdraw the consent if the conditions

imposed are not adhered too.

8. The approval only applies to the consent granted and shall not be construed as

authority to depart from any other legal prescriptions requirements.

9. The proposed advertising signs do not adversely affect the manoeuvring by

pedestrians or vehicles.

10. That the consent from the South African National Road Agency be obtained

(Where applicable i.e. N12 road).


of a separate agreement between the Telkom authorities and the applicant.

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13. SPL99/11/17: Outdoor Advertising Application: Brand IQ

(L van Gensen)

Applicant : Derek William Hardy 16 Pieter Street Highveld Techno Park, Centurion

0157 Manhattan Park, Building 02,

Ground Floor



Annexures : 1. Locality Plan 2. Detail Plan 3. Motivation 4. Subdivision plan ANNEXURE p.66 - 104

Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for Brand

IQ (Highveld Techno Park, Centurion).



Background







Traffic section

Building services

Urban Planning





115



Motivation

The Brand IQ structure will be used for marketing purposes.









Building Section

All work to be carried at in accordance to SANS 1200 & 10 4000. All signs on a rand reserve needs approved from all Infrastructure sub –directorates roads & sanitation, electricity etc.


Please ref to memo attached.


No objection subject to compliance to NBR Act 103 & 1977.

Electrical Services

No Electrical Service are affected. Should the signage tower be provided with electricity

then all electrical wiring is to comply with the SANS 101421 for the wiring of promises.

Traffic Department

This board can be approved on the erf 31621.

LED Unit


Legal Authority


116



Consultation


Contact person

Mildred Modise

Ext: 6274


1. That the application for Brand IQ be approved.








application.






imposed are not adhered to.









__________________________________________________________________________

117



14. SPL100/11/17: Outdoor Advertising Application: Grand Foods

(L van Gensen)

Applicant : Nur Abadar Cnr of Du Toitspan Rd & Lennox

Street Kimberley





Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for Grand

Foods (Kimberley).



Background







Traffic section

Building services

Urban Planning





Motivation

118



The Wall mounted sign will be used for marketing purposes.









Building Section

All work to be carried out in accordance to SANS 1200 & 10400. All signs on road reserve needs approval from all Infrastructure sub –directorates eg roads & sanitation, electricity etc.


All in order. All sign are with the boundary of erf. All future banners must be applied for in advance. No banner to be placed on sidewalk without approval. Please remove all old base plate of prior establishments.


No objection subject to compliance with NBR Act 103 of 1977.

Electrical Services

Existing 11km & Low Voltage cables are situated as indicated on appliances plan. All

the requirements and conditions as set out in the attached Building and Construction

projects requiring excavated are to be adhered too.

Traffic Department

The sign can be approved.

LED Unit


Legal Authority


119



Consultation


Contact person

Mildred Modise

Ext: 6274


1. That the application for Grand Foods be approved.








application.















__________________________________________________________________________

120



15. SPL101/11/17: Outdoor Advertising Application: Gift Shop

(L van Gensen)

Applicant : G Willemse 70 Mac Dougall Kimberley





Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for Gift

Shop Kimberley (Mac Dougall, Kimberley).



Background







Traffic section

Building services

Urban Planning





Motivation

The Gift shop sign board will be used for marketing purposes.

121











Building Section

The application is recommended for approval.


No comment as long as the sign is located within the erf boundary.


There are several matters that the Urban Planning Division wishes to point out with regard to

the application:

The submitted drawings should be to the scale 1:500 or other visible scale. The drawings

should depict the structural supports of the sign and the elevation of the sign as required

under sub section 3 (1) (iv) and (v) of the Advertising Signs and Disfigurement of the

Fronts of Frontages of Streets Control By-law, 2006 (No.6. of 2006).

Sub sections 3 (1) (iii), (vi) and (vii) further specify the manner in which drawings shall

be submitted to the Municipality. As such the applicant must submit the drawings in the

prescribed manner with regard to:

a) Implication on kerbing (if any).

b) Position of the signs in relation to Erf boundaries.

c) Name of the abutting street boundaries of the Erf as may be affected by such

position.

d) The name of the nearest named cross-street, and also show the direction of true

north.

It is the responsibility of the Urban Planning Division to ensure the promotion of local

economic development; however this must be done in consideration of the aesthetics of

the surrounding environment.

It must be noted that it is the responsibility of the applicant to ensure that all requirements

for requesting approval for outdoor advertising are adhered to

122



Electrical Services

No objection to proposal subject.

Traffic Department

Application can be approved.

LED Unit

This office has no objections to the proposed subdivision as the above mentioned application form is in order.

Legal Authority


Consultation


Contact person

Mildred Modise

Ext: 6274


1. That the application for Gift Shop be approved.








application.







123











__________________________________________________________________________

16. SPL102/11/17: Outdoor Advertising Application: C4 Property Investment Pty Ltd

(L van Gensen)

Applicant : Francois van Zyl 182 Transvaal Road Kimberley





Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for C4

Property Investment Pty Ltd (Kimberley).



Background





124





Traffic section

Building services

Urban Planning





Motivation

The C4 Property Investment boards will be used for marketing purposes.









Building Section



All in order.



Electrical Services



125



Traffic Department


LED Unit


Legal Authority


Consultation


Contact person

Mildred Modise

Ext: 6274

RECOMMENDATION:

1. That the application for C4 Property Investment be approved.

2. That the rental income be R200 per month plus VAT from the period that

Council approves the application to 30 June 2018 and R313 for the application

fee which is once off payment.


4. In terms of MFMA, no contract may be awarded for longer than 3 years unless

a public participation process is followed prior to the appointment.


application.



Control By-Law, 2011 (No.1818) and all other sections thereof; and proof

thereof must be submitted of the LED Sub – directorate.



8. The approval only applies to the consent granted and shall not be construed

as authority to depart from any other legal prescriptions requirements.

126




pedestrians or vehicles. 10. That the consent from the South African National Road Agency be obtained

(Where applicable i.e. N12 road). 11. That in the event of any Telkom apparatus being affected, this will take the

form of a separate agreement between the Telkom authorities and the applicant.


That the application not be approved. Home-owners may only advertise their own business on their premises.

__________________________________________________________________________ 17. SPL103/11/17: Outdoor Advertising Application: Genetic Supplements

(L van Gensen)

Applicant : Johannes Jacobus Lawn Strauss Shop 5b Monument Super spar

Sentrum Memorial & Douglas Road Kimberley





Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for Genetic

Supplements (Monument Super spar sentrum Memorial & Douglas Rd, Kimberley).



Background



127







Traffic section

Building services

Urban Planning





Motivation

The Genetic Supplements sign board will be used for marketing purposes.









Building Section

The building control section have no objections, however applicant must comply with section 4 of the National Building Regulations and Building standards Act 103 of 1977.


We hereby object to the positioning board let to use existing placement at SPM discretion.


The Urban Planning Division have no objections to the proposed advertising signage,

however the proposed advertising signs must be mounted on the existing advertising

structure.

128



Electrical Services

Existing 11KvE Low Voltage cable are situated as indicated on application plans. All the

requirement and conditions as set out in the attached Building & Conservation projects

requiring excavation are to be adhered too.

Traffic Department

No objection to the advertising board.

LED Unit

This office has no objections to the proposed subdivision as the above mentioned application form is in order.

Legal Authority


Consultation


Contact person

Mildred Modise

Ext: 6274


1. That the application for Genetic Supplement be approved.








application.





129











11 That in the event of any Telkom apparatus being affected, this will take the form of a separate agreement between the Telkom authorities and the applicant.

__________________________________________________________________________

18. SPL104/11/17: Outdoor Advertising Application: Afm Phomolong

(L van Gensen)

Applicant : Patrick Mokwena 12266 JB Seleho Phomolong Street Kimberley





Purpose

This item seeks approval from the Spelum Committee to approve a signage for AFM church

(Kimberley).



Background



130







Traffic section

Building services

Urban Planning





Motivation

The signage boards will be used for directional purposes.









Building Section



All in order.



Electrical Services

131





Traffic Department


LED Unit


Legal Authority


Consultation


Contact person

Mildred Modise

Ext: 6274


1. That the application for AFM Phomolong be approved.








application.







132











__________________________________________________________________________

19. SPL105/11/17: Outdoor Advertising Application: Desert Oil Properties (Pty) Ltd

(L van Gensen)

Applicant : Desert Oil Properties (Pty) Ltd P.O Box 15299 PANARAMA

7506



Annexures : 1. Locality Plan 2. Detail Plan 3. Motivation 4. Subdivision plan ANNEXURE p.179 - 225

Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for Fuel

Supply and Sales (Kimberley).



Background





133





Traffic section

Building services

Urban Planning





Motivation

The Flag Pole with concrete base will be used for marketing purposes.









Building Section

All signage to be erected in accordance with SANS 10400& 1200. A separate approach need to be obtained from roads & storms section.


All in order! Plan and position revise as per the comments on the 13/10/17.


The Urban Planning has no objection to the proposed advertising sign.

Electrical Services

Existing 11km & Low Voltage cables are situated as indicated on appliances plan. All

the requirements and conditions as set out in the attached Building and Construction

projects requiring excavated are to be adhered too.

134



Traffic Department


LED Unit


Legal Authority


Consultation


Contact person

Mildred Modise

Ext: 6274


1. That the application for Fuel supply and sales be approved.








application.











135







_________________________________________________________________________

20. SPL106/11/17: Outdoor Advertising Application: Buco

(L van Gensen)

Applicant : Craig Munnik 24 Fabricia Road, Kimberley





Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for Retail-

Hardware (Kimberley).



Background







Traffic section

Building services

136



Urban Planning





Motivation

The Retail-Hardware will be used for marketing purposes.









Building Section

All signage to be erected in accordance with SANS 10400 & 1200. No signs will be allowed to be erected on civil services.


All in order. All signage located within erf boundary.


No objection to the proposed signage.

Electrical Services

In order. This Sub-Directorate Electrical service has no objection to the erection of

branding signage.

Traffic Department


LED Unit

137




Legal Authority


Consultation


Contact person

Mildred Modise

Ext: 6274


1. That the application for Retail-Hardware be approved.








application.













138





__________________________________________________________________________

21. SPL107/11/17: Outdoor Advertising Application: Human Auto

(L van Gensen)

Applicant : Gawie Smith 53-61 Stockdale Street Kimberley





Purpose

This item seeks approval from the Spelum Committee to approve outdoor advertising for Human

Auto (Kimberley).



Background







Traffic section

Building services

Urban Planning



139





Motivation

The Human Auto structure will be used for marketing purposes.









Building Section

The Building Section have no objection, however applicant must comply with Section 4 of the National Building Regulations and Building Standard Act 103 of 1977.


Signage is located in on erf. Hence, no comment.


The Urban Planning Division in principle has no objection.

Electrical Services

No Electrical Services are affected should these signage’s be illuminated than all

requirement as set in the SANS 10142-1 would be applicable.

Traffic Department

The application can be approved to new position.

LED Unit


Legal Authority


140



Consultation


Contact person

Mildred Modise

Ext: 6274


1. That the application for Human Auto be approved.








application.















__________________________________________________________________________

141

AGENDA Ordinary Council meeting Office of the MM 06 December 2017 H. MATTERS NOT CONSIDERED BY COMMITTEES OF COUNCIL

1. Approval of Dates for Council and Standing Committee Meetings for 2018 (C Senekal)

Purpose To approve the dates set for meetings of council, mayoral committee and standing committees of council for 2018. Background Dates for council, the mayoral committee and standing committees of council are set at the end of a year for the beginning of the next year in order for councillors to be able to diarize their commitments well in advance. It is requested that councillors give all ordinary council, mayoral committee and standing committee meetings priority in their schedules. Unless there are no items on the agenda for a standing committee, the dates will remain the same and will not be cancelled or postponed. The proposed dates for ordinary council, mayoral committee and standing committee meetings for 2018 are set out in the annexure.

ANNEXURE p. 1 - 13

Legal Authority In terms of the Local Government Municipal Structures Act, 2000 (Act 33 of 2000): “Section 29(1) The speaker of a municipal council decides when and where the council meets, but if a majority of the councillors requests the speaker in writing to convene a council meeting, the speaker must convene a meeting at a time set out in the request. Section 80(1) If a municipal council has an executive committee or executive mayor it may appoint in terms of section 79, committees of councillors to assist the executive committee or executive mayor.” Motivation In order to effect transformation the exercise of powers and functions of council are important. Personnel implications No personnel implications will be incurred, safe to say, in order for the Executive Mayor to discharge his power of the said functions, he will need the support of the management staff. Financial implications There will be no financial implications. Inter-sectoral consultation Discussions were held with the Executive Mayor, Speaker and chairpersons of standing committees and Municipal Manager.

142

AGENDA Ordinary Council meeting Office of the MM 06 December 2017 H. MATTERS NOT CONSIDERED BY COMMITTEES OF COUNCIL

Contact person Corrie Senekal x 6207 Cell: 082 416 7933

RECOMMENDATION:

1. That the proposed dates for meetings of Council and Standing Committees for 2018, as set out in the annexure, be approved.

2. That the proposed dates for the meetings of the Executive Mayor with the MMC’s

be noted.

3. That the Rules-, Disciplinary and General Appeals Committee meetings be convened on an ad hoc basis.

143

AGENDA Ordinary Council meeting Office of the MM 06 December 2017 Internal Audit H. MATTERS NOT CONSIDERED BY COMMITTEES OF COUNCIL

1. Appointment of Audit Committee Members for Sol Plaatje Municipality

Purpose To appoint members to serve on the Audit committee of the municipality. Background In August 2014 council appointed members to serve on the audit committee of Sol Plaatje; the term of office was three years ending 30 August 2017, the contract was further extended for three months ending November 2017. An advertisement was placed on the Sol Plaatje Municipality website and in the DFA of 20 September 2017, with closing date 05 October 2017. The breakdown of applications received is as follows

Field of specialty Numbers

Accounting, Auditing and Risk management 15

Performance management 1 Law 1

Engineering 0

No relevant experience 2

Total 19

Motivation Qualifications that are required to fulfill these duties are preferably a combination of Charted Accountants (CA), certification in Internal Audit (CIA), law, and/or performance management. Currently these qualifications are regarded as scarce skills in South Africa as there are a limited number of people who are in possession of the requisite skills. An audit committee is an independent advisory body, typically charged with oversight responsibility Committee members are drawn from public and should be qualified, skilled and experienced to carry out their responsibilities. Among others, their responsibilities are to advise the municipal council, political office bearers, the accounting officer and the management staff of the municipality on matters relating to:

Internal financial control and internal audits

Risk management

Accounting policies

The adequacy, reliability and accuracy of financial reporting and information

Performance management

Effective governance

Review the annual financial statements to provide the council of the municipality with an authorative and credible view of the financial position of the municipality

Respond to council on any issues raised by the Auditor General in the audit report

144


The audit committee will often discuss complex accounting estimates and judgement made by management and the implementation of new accounting principles or regulations e.g. GRAP, IFRS, litigations and performance issues etc. hence the emphasis on the qualification, skills and experience. It is therefore evident from the above information that for a high capacity municipality such as SPM, with all the intricate regulations and standards to which we have to comply, we need to appoint a reputable committee members with the appropriate know-how to deal with the municipality’s challenges especially those relating to finances, Human Resources, internal and external audit and legal matters. Based on the applications received, 5 were shortlisted. The qualification, expertise, experience, gender and locality were considered during the shortlisting. The approach followed considered qualifications and skill, relevant experience, continuity, maintaining balanced composition and attracting new skill. Refer to annexure for list of shortlist.

ANNEXURE p. 1 - 2

For Continuity For the purpose of continuity within the committee it is recommended that some member/s be retained to serve in the committee. The following name/s is recommended.

Mr Abdul Kimmie (Accounting and auditing field)

Ms. Thembeka Semane (Accounting and auditing field) Notwithstanding the continuity of the committee and the requirements regarding the role of the audit committee; bringing different skills and expertise and maintain balanced composition assist in improving the performance of an institution.

Maintaining balanced composition The following name be recommended

Mr Bongani Mathae (Performance management and Governance Processes field)

New expertise The following names are recommended

Ms Shelley Thomas (Accounting and auditing field)

Mr Letlhogonolo Berends (Law field)

Chairperson The following names are recommended

Ms Shelley Thomas (CA) SA or

Mr Johan Van Tonder (CA) SA

National Treasury guidelines on how municipalities must implement and manage these systems of accountability and governance recommend that “Rotation of members is encouraged as it enhances the independence of the audit committee. Members of the audit committee should not be contracted continuously for a period exceeding six years. After serving consecutively for six years, a cooling off period of two years should be provided for, before appointing the same member to the same audit committee”.

145


Legal Authority Section 166 of the Local Government Municipal Finance Management Act, 2003 which states that: “Each municipality and each municipal entity must have an Audit Committee, subject to subsection (6). Consultation Municipal manager Audit committee Chief Audit executive Financial implications Vote: 21122270320RAMRCZZWM

Amount Budgeted: R500,000.00 Amount Spent: R32,743.71 Amount Available: R467,256.29

Currently Audit committee fees for Chairperson and per ordinary member are R2, 400 and R1, 700 respectively per hour for the maximum of eight hours (8) a day and for the minimum of four (4) meetings per year. Contact Person N Molepo — (053) 830 6750

RECOMMENDATION: 1. That Council appoints 5 members to serve on the Audit Committee for a

period of three (3) years from the date of appointment, where after the contract may be reviewed by council.

2. The person appointed to be Chairperson must be a Charted Accountant (CA)

(SA).

3. That members serving in the committee should have combination of skills and expertise.

4. Persons appointed to the audit committee will be remunerated at rates

commensurate with their professional standing. 5. That members residing outside Kimberley be compensated for travelling

expenses in accordance with Council resolution regarding travel and subsistence allowance policy.

6. That in terms of the MFMA Section 166, the person appointed must not be

within the employ of Sol Plaatje Municipality.

146


7. The following names be considered to serve as audit committee members

Ms Shelly Thomas (Chairperson)

Mr Letlhogonolo Berend (Member)

Mr Abdul Kimmie (Member)

Ms Thembeka Semane (Member)

Mr Bongani Mathae (Member) _________________________________________________________________________

147

AGENDA Ordinary Council meeting Directorate Financial Services 06 December 2017 Budget & Treasury Office H. MATTERS NOT CONSIDERED BY COMMITTEES OF COUNCIL

1. First Quarter of 2017/18 Financial year - Budget and Performance Assessment Report (Executive Mayor, Hon Cllr O.M Matika) 27 October 2017

Purpose To present the Fourth Quarter (preliminary results) Budget and Performance Assessment Report for the period 1 July to 30 September 2017. For noting / for decision by The item/report has been considered by a portfolio committee. This item is for recommendation by the Executive Mayor to Council.

Background The Municipal Finance Management Act 56 of 2003, section 52(d), states that “The Mayor of a municipality- (d) must, within 30 days of the end of each quarter, submit a report to the council on the implementation of the budget and the financial state of affairs of the municipality.” Annexures First quarter Budget & Performance Assessment report 2017/18

ANNEXURE SEPARATE REPORT

Motivation

It is important for the Council to be provided with an overview performance of the budget by

the Executive Mayor as directed by MFMA Section 52(d), this will ensure that Council is kept

abreast of any challenges that may arise during budget implementation and the success too.


None


None


Section 52(d) of MFMA

Consultation Executive Mayor, Municipal Manager and the Chief Financial Officer

148

AGENDA Ordinary Council meeting Directorate Financial Services 06 December 2017 Budget & Treasury Office H. MATTERS NOT CONSIDERED BY COMMITTEES OF COUNCIL

Contact Person ZL Mahloko Chief Financial Officer Contact number : 053-830 6500 FOR INFORMATION _________________________________________________________________________

149 AGENDA Ordinary Council meeting 06 December 2017 I. QUESTIONS

150 AGENDA Ordinary Council meeting 06 December 2017 J. MOTIONS

151 AGENDA Ordinary Council meeting Office of the MM 06 December 2017 Supply Chain Management K. SUPPLEMENTARY REPORTS

1. Reporting of Deviations from Procurement Process (G H Akharwaray)

---------------------------------------------------------------------------------------------------------------------------

Purpose

To report to Council for oversight purposes; deviations from the official procurement

processes.

Background Information

The Supply Chain Management Policy and Regulations allows the Accounting Officer to

dispense with the official procurement processes established by the Policy and Regulation and

to procure any required goods or services through any convenient process, which may include

direct negotiations, but only:

(i) in an emergency;

(ii) if such goods or services are produced or available from a single provider only;

(iii) for the acquisition of special works of art or historical objects where specifications are

difficult to compile;

(iv) acquisition of animals for zoo’s; or

(v) in any other exceptional case where it is impractical or impossible to follow the official

procurement processes.

The Accounting Officer must record and report to Council the reasons for any deviations.

A summary of deviations authorized by the Accounting Officer with certificates are detailed in

the annexure.

ANNEXURE

p. 1 - 30

Motivation

Motivations included in the summary and certificates are in accordance with the Policy and

Regulation.


The deviations had no impact on personnel capacity whether permanent or otherwise.


The financial implications are included in the summary.

The Line Manager consulted the relevant Executive Directors, E.D Financial Services,

Manager: Supply Chain approval was obtained from the Accounting Officer.

Legal Authority

The Sol Plaatje Municipal Supply Chain Management Policy, adopted 17 November 2005,

C/500 Section (36) (1) (a) (b) (2) and as amended on 2 March 2011 and the Local Government:

152 AGENDA Ordinary Council meeting Office of the MM 06 December 2017 Supply Chain Management K. SUPPLEMENTARY REPORTS

Municipal Finance Management Act, 2003, Municipal Supply Chain Management Regulations

Notice 868 of 2005, Section (36) sub section (1) and (2) allows the Accounting Officer to

dispense with the official procurement processes.

Consultation: Municipal Manager

The Municipal Manager (Mr GH Akharwaray) signed twelve deviations and Acting

Municipal Manager signed one deviation.

Contact Person

The Municipal Manager, the Line Manager as indicated in the summary and the Supply Chain

Manager.

FOR INFORMATION

__________________________________________________________________________

153 AGENDA Ordinary Council meeting Office of the Executive Mayor 06 December 2017 K. SUPPLEMENTARY REPORTS

1. Scale-down of Standing Committee Meetings (Ald O M Matika)

Purpose To seek council approval to scale-down on Standing Committee meetings after the Ordinary Council meeting scheduled for 6 December 2017. Background It has been encountered that Standing Committee meetings do not take place during the month of December. Motivation Previously experienced due to the festive season, Standing committee meetings do not form quorums. This is mainly due to officials and councillors who submit application for leave. Personnel Implications None Financial Implications None Legal Authority and Implications That if urgent matters arise, Standing Committee meetings be convened on an ad hoc basis during this period. Consultation Municipal Manager Mayor’s Office Contact Persons G Mosimane Manager: Office of Executive Mayor X 6134

154 AGENDA Ordinary Council meeting Office of the Executive Mayor 06 December 2017 K. SUPPLEMENTARY REPORTS

RECOMMENDATION 1. That Council approves the Scale-down of Standing Committee Meetings

scheduled subsequent to the Ordinary Council meeting scheduled for 6 December 2017.

2. That if urgent matters arise, Standing Committee meetings be convened on an ad hoc basis during this period.

__________________________________________________________________________

155 AGENDA Ordinary Council meeting Directorate SEDP 06 December 2017 Urban Planning K. SUPPLEMENTARY REPORTS

1. Proposed site for erection of SS Mendi Statue – Kimberley GH Akharwaray 01 December 2017

Applicant : SANDF (South African National Defence Force) Property Description : Erf 6141 Kimberley Zoning : Public Open Space Extent : 12255 m² Proposed Extent : 300 m² Restrictive Conditions : None Annexures : 1. Locality Map 2. SANDF Letter Purpose The purpose of the item is to request Council approval for erection of SS Mendi statue on Portion of Erf 6141 Kimberley, cnr Galeshewe Road and Pniel Road, Gemdene. Background The SANDF recently approached the municipality and also requested municipality to avail land for the erection of the SS Mendi statue as part of the commemoration that will be unfolding in February 2018. Brief historical background of SS MENDI: The SS Mendi, a troop ship carrying South African soldiers, sank in the English Channel near the Isle of Wight on the way to France, following a collision with a cargo steamship on 21 February 1917. A total of 646 people died, most of them black South African soldiers, members of the South African Native Labour Corps. The story of the SS Mendi is a pertinent reminder of the sacrifices made by our people to make the world safe for democracy. Like so many other military disasters, the history of the SS Mendi is a story of supreme courage in the face of death and the valour shown by comrades towards each other in dire circumstances. Henceforth, the year 2018 will mark 101 years since the sinking of SS Mendi, and the SANDF has identified a site within the municipality to commemorate this event and preserving this significant history through the erection of the SS Mendi statue on the proposed site (Erf 6141 Kimberley).


Locality The proposed site is located on corner of Galeshewe Road and Pniel Road, Gemdene. Moreover, the site is approximately 5 km away from the CBD (Central Business District).

PROPERTIES SECTION Evidence suggests that Kimberley is an old city with a rich history and this is proven through observation of numerous monuments and statues celebrating various individuals and events, as well as the countless heritage buildings found throughout the city. As already outlined in the background statement, the significance and history of the SS Mendi cannot be overlooked and emphasised enough. The proposed development of the SS Mendi Statue will contribute to the already prestige of historical statues existing within the city. Furthermore, the erection of the statues on the identified property known as Erf 6141 Kimberley, located on corner Galeshewe Road and Pniel Road, Gemdene is feasible due to the following reasons: 1. Accessibility

The proposed statue will ensure easy visibility and accessibility to the public as it is located on a strategic position and important routes such as the Galeshewe Road which falls within a tourism route leading to the Mayibuye Uprising Statue.

2. Heritage

The unveiling of the statue will be of great historical and heritage value as it will commemorate 101 years since the sinking of SS Mendi in 1917. As already mentioned before, the story of the SS Mendi is a pertinent reminder of the sacrifices made by our people to make the world safe for democracy

3. Local Economic Development Spin-offs

The site would promote tourism, and lead to increased economic activities along the Galeshewe Road activity corridor. Members of the public especially children will also be encouraged to visit the site so that they can understand the country's history. Furthermore, the erection of the statue will form part of resuscitation of tourism route to Galeshewe as the statue will be erected +- 1, 5 km away from the Mayibuye Precinct.


As such, the Properties Section does not have any objection to the proposal and gives full support to the erection of such a historical statue. Intersectoral Consultation

Municipal Manager’s Office, Directorate :SEDP

Legal authority Municipal Systems Act, 2000 (Act 32 of 2000). Financial implications SANDF to fund the entire proposal – (See Attached Commitment Letter) Contact persons MM : Mr Goolam Akharwaray Ext 6101. ED-SEDP : Ms N Tyabashe-Kesiamang Ext: 6303. RECOMMENDATION:

It is recommended to Council that Erf 6141 Kimberley be allocated as a preferred site for the construction of the SS Mendi statue, subject to the following conditions:

1. That the site remains the property of the Sol Plaatje Municipality.

2. That SANDF funds the entire proposal and erection of the statue inclusive of all costs

associated with the erection of the statue.

3. That in the event of any Telkom apparatus being affected this will take the form of a separate agreement between Telkom authorities and the applicant.

4. That prior statue erection, comments from the affected Directorates - Infrastructure Services and Community Services (Traffic) should be strictly adhered to.

158 AGENDA Ordinary Council meeting 06 December 2017 L. PRESENTATION

1. Advocating education as an apex priority amongst community members in SPM area through Quality Learning and Teaching Campaign (QLTC) (Office of the MEC: Education) Enquiries: Ms June Grey – Head of Office - Contact: 0538307160 Ms Yolanda Slade @ 053 8396803/6661

__________________________________________________________________________

159 AGENDA Ordinary Council meeting 06 December 2017 L. PRESENTATION

160

GLOSSARY

LIST OF ACRONYMS

AFS Annual Financial Statements AG Auditor-General ARMC Audit and Risk Management Committee BEE Black Economic Empowerment BNG Breaking New Ground BS Balance Sheet CAT Computer Aided Test CBD Central Business District CDW Community Development Worker CFO Chief Financial Officer COM SERV Committee Services CPIX Consumer Price Index CRR Capital Replacement Reserve DBSA Development Bank of South Africa DEAT Department of Education and Training DHLG Department of Housing and Local Government DM District Municipality DORA Division of Revenue Act DPLG Department of Provincial and Local Government ED COM Executive Director: Community and Social Services ED CORP Executive Director: Corporate Services ED FIN Executive Director: Financial Services ED INFRA Executive Director: Infrastructure and Services ED SEDP Executive Director: Strategy, Economic Development and ED Executive Director EMT Executive Management Team EPWP Extended Public Works Programme FMG Finance Management Grant GAMAP General Accepted Municipal Accounting Practice GDP Gross Domestic Product GRAP General Recognized Accounting Practice GURP Galeshewe Urban Renewal Project HDI Historically Disadvantaged Individuals ICT Information Communication Technology IDP MAN IDP Manager IDP Integrated Development Plan KPA Key Performance Area KPI Key Performance Indicator LED Local Economic Development LGTAS Local Government Turnaround Strategy MANCO Management Committee MFMA Municipal Financial Management Act (No 55 of 2003) MIA Manager Internal Audit MIG Municipal Infrastructure Grant MM Municipal Manager MSA Municipal Systems Act MSP Municipal Support Programme MTREF Medium Term Revenue Expenditure Framework NCEDA Northern Cape Economic and Development Agency NCPGDS Northern Cape Provincial Growth and Development Strategies NCTA Northern Cape Tourism Authority NSDP National Spatial Development Programme OPCAR Operation Clean Audit Report PAC Performance Audit Committee

161

GLOSSARY

PGDS Provincial Growth and Development Strategies Planning Services PMS Performance Management System PMU Project Management Unit POL MAN Policy Manager PPE Property, plant and equipment PPP Public Private Partnership SALGA South African Local Government Agency SCM Supply Chain Management SDBIP Service Delivery Budget Implementation Plan SETA Sectoral Education and Training Authority SFA Strategic Focus Area SIDA Swedish International Development Agency SMME Small Medium and Micro Enterprises SPM Sol Plaatje Municipality TASK Tuned Assessment of skills and knowledge UNISA University of South-Africa


06-12-17

ANNEXURES


06-12-17

SECTION: F2 ITEM: 1

PAGE: 3

ESTABLISHMENT AND OPERATIONAL REQUIREMENTS OF THE INTERNET CAFÉ AT THE RITCHIE SMME INCUBATOR CENTRE

ANNEXURES p. 1 - 6


06-12-17

COUNCIL RESOLUTION

REGISTER

(OCTOBER 2017)

ANNEXURES


06-12-17

PRESENTATION

ANNEXURES


06-12-17

SECTION: F2 ITEM: 1

PAGE: 6

SUBMISSION OF TWINNING AGREEMENT BETWEEN SPM AND KING SABATA DALINDYEBO LOCAL MUNICIPALITY

ANNEXURES

p. 1 - 6


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SECTION: F2 ITEM: 1

PAGE: 23

SALARY INCREASES

ANNEXURES

P. 1 - 6


06-12-17

SECTION: H ITEM: 1

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Approval of Dates for Council and Standing Committee Meetings for

2018

ANNEXURES

P. 1 - 13


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SECTION: H ITEM: 1

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APPOINTMENT OF AUDIT COMMITTEE MEMBERS FOR SPM

ANNEXURES

P. 1 – 2


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SECTION: H ITEM: 1

PAGE: 147

FIRST QUARTER OF 2017/18 FINANCIAL YEAR – BUDGET & PERFORMANCE ASSESSMENT

REPORT

ANNEXURES

SEPARATE REPORT


06-12-17

SECTION: H ITEM: 1

PAGE: 151

(SUPPLEMENTARY REPORTS)

REPORTING OF DEVIATIONS FROM PROCUREMENT PROCESS

ANNEXURES

P. 1 - 30

AGENDA & MINUTES of an ORDINARY COUNCIL MEETING held on … of the Speaker... · 2017-12-11 · SOL...

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