Schedule 1
INVITATION TO NOMINATE A PERSON TO BE APPOINTED AS A MEMBER TO THE MBIZANA MUNICIPAL PLANNING TRIBUNAL
In terms of the Spatial Planning and Land Use Management Act, 16 of 2013, the Mbizana Municipality hereby invites nominations for officials or employees of the (insert name of organ of state or non-governmental organisation contemplated in regulation (3)(2)(a) of the Regulations) to be appointed to the Mbizana Municipal Planning Tribunal for its first term of office.The period of office of members will be five years calculated from the date of appointment of such members by the Mbizana Municipality.Nominees must be persons registered with the professional bodies contemplated in section 34(1)(b) – (f) of the By-law on Municipal Land Use Planning, 2015, who have leadership qualities and who have knowledge and experience of spatial planning, land use management and land development or the law related thereto. Each nomination must be in writing and must contain the following information:(a)The name, address and identity number of the nominee;(b)The designation or rank of the nominee in the organ of state or non-governmental organisation;(c)A short curriculum vitae of the nominee (not exceeding two pages);(d)Certified copies of qualifications and registration certificates indicating registration with the relevant professional body or voluntary association.Nominations must be sent to:The Municipal ManagerMbizana Municipality* I, ……………………………………………………(full names of nominee),ID No (of nominee) ……………………………………………,hereby declare that –(a)I am available to serve on ______________ Municipal Planning Tribunal and I am willing to serve as chairperson or deputy chairperson should the Council designate me OR I am not willing to serve a chairperson or deputy chairperson (delete the option not applicable);(b)there is no conflict of interest OR I have the following interests which may conflict with the ______________ Municipal Planning Tribunal which I have completed on the declaration of interest form (delete the option not applicable);(c)I am not disqualified in terms of section 38 of the Spatial Planning and Land Use Management Act, 16 of 2013 to serve on the Mbizana Municipal Planning Tribunal and I authorise the Mbizana Municipality to verify any record in relation to such disqualification or requirement.(d)I undertake to sign, commit to and uphold the Code of Conduct applicable to members of the Mbizana Municipal Planning Tribunal.No nominations submitted after the closing date will be considered.CLOSING DATE: (INSERT DATE)Signature of NomineeFull Names of NomineeSignature of Person signing on behalf of the Organ of State or Non-Governmental OrganisationFull Names of Person signing on behalf of the Organ of State or Non-Governmental OrganisationSchedule 2
CALL FOR NOMINATIONS FOR PERSONS TO BE APPOINTED AS MEMBERS TO THE MBIZANA MUNICIPAL PLANNING TRIBUNAL
CLOSING DATE: (INSERT DATE)In terms of the Spatial Planning and Land Use Management Act, 16 of 2013, the Mbizana Municipality hereby call for nominations for members of the public to be appointed to the Mbizana Municipal Planning Tribunal for its first term of office.The period of office of members will be five years calculated from the date of appointment of such members by the Mbizana Municipality.Nominees must be persons registered with the professional bodies contemplated in section 34(1)(b) – (g) of the By-law on Municipal Land Use Planning, 2015, who have leadership qualities and who have knowledge and experience of spatial planning, land use management and land development or the law related thereto.Each nomination must be in writing and must contain the following information:(a)The name and address of the nominator, who must be a natural person and a person may nominate himself or herself;(b)The name, address and identity number of the nominee;(d)Motivation by the nominator for the appointment of the nominee to the Mbizana Municipal Planning Tribunal (no less than 50 words and no more than 250 words);(e)A short curriculum vitae of the nominee (not exceeding two pages);(f)Certified copies of qualifications and registration certificates indicating registration with the relevant professional body or voluntary association.Please note that failure to comply with the above requirements may result in the disqualification of the nomination.Nominations must be sent to:The Municipal ManagerMbizana MunicipalityP.O. Box ______For Attention: _____________For Enquiries: _____________Tel _________________* I, ……………………………………… (full names of nominee),ID No (of nominee) ………………………………………,hereby declare that –(a)I am available to serve on Mbizana Municipal Planning Tribunal and I am willing to serve as chairperson or deputy chairperson should the Council designate me / I am not willing to serve a chairperson or deputy chairperson (delete the option not applicable);(b)there is no conflict of interest OR I have the following interests which may conflict with the Mbizana Municipal Planning Tribunal and which I have completed on the declaration of interest form (delete the option not applicable);(c)I am not disqualified in terms of section 38 of the Spatial Planning and Land Use Management Act, 16 of 2013 to serve on the Mbizana Municipal Planning Tribunal and I authorise the Mbizana Municipality to verify any record in relation to such disqualification or requirement;(d)I undertake to sign, commit to and uphold the Code of Conduct applicable to members of the Mbizana Municipal Planning Tribunal.No nominations submitted after the closing date will be considered.Signature of NomineeFull Names of NomineeSchedule 3
DISCLOSURE OF INTERESTS FORM
I, the undersigned,Full names:Identity Number:Residing at:do hereby declare that -(a)the information contained herein fall within my personal knowledge and are to the best of my knowledge complete, true and correct, and(b)that there is no conflict of interest between myself and the Mbizana Municipal Planning Tribunal; or(c)I have the following interests which may conflict or potentially conflict with the interests of the Mbizana Municipal Planning Tribunal;CONFLICTING INTERESTS |
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(d)the non-executive directorships previously or currently held and remunerative work, consultancy and retainership positions held as follows:1. NON-EXECUTIVE DIRECTORSHIP |
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2. REMUNERATIVE WORK, CONSULTANCY & RETAINERSHIPS |
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3. CRIMINAL RECORD |
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(e)I am South African citizen or a permanent resident in the Republic(f)I am not a member of Parliament, a provincial legislature, a Municipal Council or a House of Traditional Leaders;(g)I am not an un-rehabilitated insolvent;(h)I have not been declared by a court of law to be mentally incompetent and have not been detained under the Mental Health Care Act, 2002 (Act No. 17 of 2002);(i)I have not at any time been convicted of an offence involving dishonesty;(j)I have not at any time been removed from an office of trust on account of misconduct;(k)I have not previously been removed from a tribunal for a breach of any provision of the Spatial Planning and Land Use Management Act, 2013 or provincial legislation or the Land Use Planning By-Laws, 2015 enacted by the Mbizana Municipality;(l)I have not been found guilty of misconduct, incapacity or incompetence; or(m)I have not failed to comply with the provisions of the Spatial Planning and Land Use Management Act, 2013 or provincial legislation or the Land Use Planning By-Laws, 2015 enacted by the Mbizana Municipality.Signature of Nominee:Full Names:SWORN to and SIGNED before me at _______________on this _________day of_____________.The deponent having acknowledged that he knows and understands the contents of this affidavit, that the contents are true, and that he or she has no objection to taking this oath and that he or she considers the oath to be binding on his or her conscience.COMMISSIONER OF OATHSFULL NAMES:DESIGNATION:ADDRESS:Schedule 4
CODE OF CONDUCT OF MEMBERS OF THE MUNICIPAL PLANNING TRIBUNAL
I, the undersigned,Full names:Identity Number:Residing at:do hereby declare that I will uphold the Code of Conduct of the Mbizana Municipal Planning Tribunal contained hereunder:General conduct1. A member of the Municipal Planning Tribunal must at all times—(a)act in accordance with the principles of accountability and transparency;(b)disclose his or her personal interests in any decision to be made in the planning process in which he or she serves or has been requested to serve;(c)abstain completely from direct or indirect participation as an advisor or decision-maker in any matter in which he or she has a personal interest and leave any chamber in which such matter is under deliberation unless the personal interest has been made a matter of public record and the municipality has given written approval and has expressly authorised his or her participation.2. A member of the Municipal Planning Tribunal may not—(a)use the position or privileges of a member of the Municipal Planning Tribunal or confidential information obtained as a member of the Municipal Planning Tribunal for personal gain or to improperly benefit another person; and(b)participate in a decision concerning a matter in which that member or that members’ spouse, partner or business associate, has a direct or indirect personal interest or private business interest.Gifts3. A member of the Municipal Planning Tribunal may not receive or seek gifts, favours or any other offer under circumstances in which it might reasonably be inferred that the gifts, favours or offers are intended or expected to influence a person’s objectivity as an advisor or decision-maker in the planning process.Undue influence4. A member of the Municipal Planning Tribunal may not—(a)use the power of any office to seek or obtain special advantage for private gain or to improperly benefit another person that is not in the public interest;(b)use confidential information acquired in the course of his or her duties to further a personal interest;(c)disclose confidential information acquired in the course of his or her duties unless required by law to do so or by circumstances to prevent substantial injury to third persons; and(d)commit a deliberately wrongful act that reflects adversely on the Municipal Planning Tribunal, the Municipality, the government or the planning profession by seeking business by stating or implying that he or she is prepared, willing or able to influence decisions of the Municipal Planning Tribunal by improper means.Signature of Nominee:Full Names:Date:Schedule 5
OWNERS’ ASSOCIATIONS
General1. The Municipality may, when approving an application for a subdivision of land impose conditions relating to the compulsory establishment of an owners’ association by the applicant for an area determined in the conditions.2. An owners’ association that comes into being by virtue of sub item 1 is a juristic person and must have a constitution.3. The constitution of an owners’ association must be approved by the Municipality before the transfer of the first land unit and must provide for―(a)the owners’ association to formally represent the collective mutual interests of the area, suburb or neighbourhood set out in the constitution in accordance with the conditions of approval;(b)control over and maintenance of buildings, services or amenities arising from the subdivision;(c)the regulation of at least one yearly meeting with its members;(d)control over the design guidelines of the buildings and erven arising from the subdivision;(e)the ownership by the owners’ association of private open spaces, private roads and other services arising out of the subdivision;(f)enforcement of conditions of approval or management plans;(g)procedures to obtain the consent of the members of the owners’ association to transfer an erf in the event that the owners’ association ceases to function;(h)the implementation and enforcement by the owners’ association of the provisions of the constitution.4. The constitution of an owners’ association may have other objects as set by the association but may not contain provisions that are in conflict with any law.5. The constitution of an owners’ association may be amended when necessary provided that an amendment that affects the Municipality or a provision referred to in subitem 3 is approved by the Municipality.6. An owners’ association which comes into being by virtue of sub-item 1 -(a)has as its members all the owners of land units originating from the subdivision and their successors in title, who are jointly liable for expenditure incurred in connection with the association; and(b)is upon registration of the first land unit, automatically constituted.7. The design guidelines contemplated in subitem 3(d) may introduce more restrictive development rules than the rules provided for in the zoning scheme.8. If an owners’ association fails to meet any of its obligations contemplated in subitem 3 and any person is, in the opinion of the Municipality, adversely affected by that failure, the Municipality may take appropriate action to rectify the failure and recover from the members referred to in subitem 6(a), the amount of any expenditure incurred by it in respect of those actions.9. The amount of any expenditure so recovered is, for the purposes of subitem 8, considered to be expenditure incurred by the owners’ association.Owners’ association ceases to function1. If an owners’ association ceases to function or carry out its obligations, the Municipality may―(a)take steps to instruct the association to hold a meeting and to reconstitute itself;(b)subject to the amendment of the conditions of approval remove the obligation to establish an owners’ association; or(c)subject to amendment of title conditions pertaining to the owners’ association remove any obligations in respect of an owners’ association.2. In determining which option to follow, the Municipality must have regard to―(a)the purpose of the owners’ association;(b)who will take over the maintenance of infrastructure which the owners’ association is responsible for, if at all; and(c)the impact of the dissolution or the owners’ association on the members and the community concerned.Schedule 6
ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE AMENDMENT OF AN EXISTING SCHEME OR LAND USE SCHEME BY THE REZONING OF LAND
1. An application for the amendment of an existing scheme or land use scheme by the rezoning of land must, in addition to the documentation referred to in section 85(2), be accompanied by –(a)a certified copy of the title deed of relevant land;(b)a copy of the diagram of every application property or, where such diagram is not available, a plot diagram to every piece of land being the subject of the application;(c)a locality plan on an appropriate scale;(d)a zoning plan or land use rights plan, in colour and on an appropriate scale, of the application surrounding properties;(e)a site development plan;(f)if the land is encumbered by a bond, the consent of the bondholder,2. An application contemplated in Part C of Chapter 5 does not have to be accompanied by a certified copy of the title deed of the relevant land or the consent of the bondholder.3. The motivation contemplated in section 85(2)(d) must contain at least the following information:(a)An indication of the persons, communities and institutions likely to be affected by the amendment and the likely impact on them;(b)the interest of the applicant in bringing the application;(c)a discussion on the content of the scheme prior to the proposed amendment and the need for the amendment;(d)a discussion on the proposed amendment;(e)the expected impact on the current, adopted municipal spatial development framework and integrated development plan;(f)the possible impact of the amendment on the environment and probable mitigating elements;(g)an indication whether an application must be made for an environmental authorization in terms of the National Environmental Management Act, 1998;(h)an indication of the persons, communities and institutions likely to be affected by the amendment and the likely impact on them.Schedule 7
ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE REMOVAL, AMENDMENT OR SUSPENSION OF A RESTRICTIVE OR OBSOLETE CONDITION, SERVITUDE OR RESERVATION REGISTERED AGAINST THE TITLE OF THE LAND
1. An application for the removal, amendment or suspension of a restrictive or obsolete condition, servitude or reservation registered against the title of the land must, in addition to the documentation referred to in section 85(2), be accompanied by –(a)a certified copy of the title deed of the land;(b)a certified copy of the notarial deed of servitude;(c)a copy of the diagram of every property concerned or, where such diagram is not available, a plot diagram to every piece of land concerned;(d)a copy of the servitude diagram approved by the Surveyor-General;(e)a locality plan on an appropriate scale;(f)a description of all existing and proposed servitudes and services on the land; and(g)if the land is encumbered by a bond, the consent of the bondholder.2. The motivation contemplated in section 85(2)(d) must make specific reference to the applicable condition or servitude, as well as a motivation on the necessity and desirability of the application.Schedule 8
ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION OF THE AMENDMENT OR CANCELLATION IN WHOLE OR IN PART OF A SUBDIVISION PLAN
1. An application for the amendment or cancellation in whole or in part of a subdivision plan must, in addition to the documentation referred to in section 85(2), be accompanied by –(a)copies of the relevant sheet of the general plan which may be reduced copies of the original;(b)copies of a plan of the township showing the posed alteration or amendment or, if partial cancellation is applied for, the portion of the plan cancelled;(c)copy of the title deed which is registered in the Deeds Office at the time when the application is submitted of the land affected by the alteration, amendment or total or partial cancellation;(d)if the land is encumbered by a bond, the bondholder’s consent;2. The motivation contemplated in section 85(2)(d) must state the reasons for the posed alteration or amendment.Schedule 9
ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE SUBDIVISION OF ANY LAND
1. An application for the subdivision of land must, in addition to the documentation referred to in section 85(2), be accompanied by –(a)a certified copy of the title deed of the land;(b)a copy of the diagram of every property concerned or, where such diagram is not available, a plot diagram to every piece of land concerned;(c)the appropriate consent where required in terms of the Subdivision of Agricultural Land Act, 1970 (Act No. 70 of 1970) or any subsequent amended act;(d)a locality plan on an appropriate scale;(f)a layout plan in the scale approved by the Council and containing the information as considered necessary by the Municipality;(g)draft conditions of establishment for the proposed subdivision;(h)a copy of the appropriate zoning of the applicable land;(i)if the land is encumbered by a bond, the consent of the bondholder.2. The motivation contemplated in section 85(2)(d) must contain at least the following information:(a)The development intentions of the Municipality on the application property, as contained in the spatial development framework and other municipal policies;(b)the need and desirability of the proposed subdivision;(c)a justification on the suitability of the land for subdivision;(d)a traffic impact assessment of the proposed development;(e)an assessment of the social impact of the proposed land development;(f)the impact of the proposed land development on the future use of land in the locality;(g)the impact of the proposed subdivision on the future use of land in the locality;(h)the availability of subdivided land in the area and the need for the creation of further erven or subdivisions;(i)the effect of the development on the use or development of other land which has a common means of drainage;(j)the subdivision pattern having regard to the physical characteristics of the land including existing vegetation;(k)the density of the proposed development;(l)the area and dimensions of each erf;(m)the layout of roads having regard to their function and relationship to existing roads;(n)the existing land use rights on the property;(o)the movement of pedestrians and vehicles throughout the development and the ease of access to all erven;(p)the provision and location of public open space and other community facilities;(q)the phasing of the subdivision;(r)the provision and location of common property;(s)the functions of any body corporate;(t)the availability and provision of municipal services;(u)if the land is not serviced and no provision has been made for a waterborne sewer system, the capacity of the land to treat and retain all sewage and sullage within the boundaries of each erf or subdivided land parcel;(v)whether, in relation to subdivision plans, any sensitive vegetation can be protected through subdivision and siting of open space areas;(w)an indication whether an application must be made for an environmental authorization in terms of the National Environmental Management Act, 1998;(x)the existing land use rights on the property; and(y)the applicable regulations as contained in the land use scheme.Schedule 10
ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR THE CONSOLIDATION OF ANY LAND
1. An application for the consolidation of land must, in addition to the documentation referred to in section 85(2), be accompanied by –(a)a certified copy of the title deed of the land;(b)a copy of the diagram of every property concerned or, where such diagram is not available, a plot diagram to every piece of land concerned;(c)a locality plan on an appropriate scale;(d)a layout plan in the scale approved by the Council;(e)draft conditions of establishment for the proposed consolidation;(f)a copy of the appropriate zoning of the applicable land;(g)if the land is encumbered by a bond, the consent of the bondholder.2. The motivation contemplated in section 85(2)(d) must explain and motivate the application.Schedule 11
ADDITIONAL DOCUMENTS REQUIRED FOR THE PERMANENT CLOSURE OF A PUBLIC PLACE IF AN APPLICATION IS SUBMITTED
1. An application for the permanent closure of a public place must, in addition to the documentation referred to in section 85(2), be accompanied by –(a)a copy of the relevant general plan;(b)a copy of the approved conditions of establishment of the existing township;(c)a locality plan on an appropriate scale;(d)a layout plan in the scale approved by the Council;2. The motivation contemplated in section 85(2)(d) must explain and motivate the application.Schedule 12
ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR CONSENT OR APPROVAL REQUIRED IN TERMS OF A CONDITION OF TITLE, A CONDITION OF SUBDIVISION OR CONDITION OF AN EXISTING SCHEME OR LAND USE SCHEME
1. An application for the consent or approval required in terms of a condition of title, a condition of subdivision or condition of an existing scheme or land use scheme must, in addition to the documentation referred to in section 85(2), be accompanied by –(a)a certified copy of the title deed of relevant land;(b)a copy of the diagram of every application property or, where such diagram is not available, a plot diagram to every piece of land being the subject of the application;(c)a locality plan on an appropriate scale;(d)a description of all existing and proposed servitudes and/or services on the applicable land;(e)the copy of the land use rights certificate on the applicable land;(f)if the land is encumbered by a bond, the consent of the bondholder;(g)a zoning plan or land use rights plan; and2. The motivation contemplated in section 85(2)(d) must make specific reference to the zoning and other regulations in terms of the land use scheme.Schedule 13
ADDITIONAL DOCUMENTS REQUIRED FOR AN APPLICATION FOR TEMPORARY USE
1. An application for temporary use must, in addition to the documentation referred to in section 85(2), be accompanied by –(a)a power of attorney from the registered owner of the land if the applicant is not the registered owner;(b)if the land is encumbered by a bond, the bondholder’s consent’(d)a copy of the title deed which is registered in the Deeds Office at the time when the application is submitted;(e)a copy of the zoning certificate, including any notices published in terms of this By-law which has the purpose of changing the land use rights which may be applicable.2. The motivation contemplated in section 85(2)(d) must contain at least the following information:(a)reference to the objective and principles contained in this By-law;(b)reference to the Integrated Development Plan and Municipal Spatial Development Framework and its components and any other policies, plans or frameworks with specific reference on how this application complies with it or deviated from it;(c)the need and desirability of the application;(d)discuss the application in terms of the development principles, norms and standards as referred to in Chapter 2 of the Act.Schedule 14
CODE OF CONDUCT FOR MEMBERS OF THE MUNICIPAL APPEAL TRIBUNAL
I, the undersigned,Full names:Identity Number:Residing at:do hereby declare that I will uphold the Code of Conduct of the Municipal Appeal Tribunal contained hereunder:General conduct1. I, as a member of the Municipal Appeal Tribunal will at all times—(a)act in accordance with the principles of accountability and transparency;(b)disclose my personal interests in any decision to be made in the appeal process in which I serve or have been requested to serve;(c)abstain completely from direct or indirect participation as an advisor or decision-maker in any matter in which I have a personal interest and I will leave any chamber in which such matter is under deliberation unless my personal interest has been made a matter of public record and the Municipality has given written approval and has expressly authorised my participation.3. I will not, as a member of the Municipal Appeal Tribunal -(a)use the position or privileges as a member of the Municipal Appeal Tribunal or confidential information obtained as a member of the Municipal Appeal Tribunal for personal gain or to improperly benefit another person; and(b)participate in a decision concerning a matter in which I or my spouse, partner or business associate, has a direct or indirect personal interest or private business interest.Gifts3. I will not, as a member of the Municipal Appeal Tribunal receive or seek gifts, favours or any other offer under circumstances in which it might reasonably be inferred that the gifts, favours or offers are intended or expected to influence my objectivity as a member of the Municipal Appeal Tribunal.Undue influence4. I will not, as a member of the Municipal Appeal Tribunal -(e)use the power of any office to seek or obtain special advantage for private gain or to improperly benefit another person that is not in the public interest;(f)use confidential information acquired in the course of my to further a personal interest;(g)disclose confidential information acquired in the course of my duties unless required by law to do so or by circumstances to prevent substantial injury to third persons; and(h)commit a deliberately wrongful act that reflects adversely on the Municipal Appeal Tribunal, the Municipality, the government or the planning profession by seeking business by stating or implying that I am prepared, willing or able to influence decisions of the Municipal Appeal Tribunal by improper means.Signature of Member:Full Names:Date: