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Transfer of Municipal Capital Assets By-law, 2015
- Published in Western Cape Provincial Gazette no. 7394 on 22 May 2015
- Commenced on 22 May 2015
- [Up to date as at 19 February 2021]
1. DefinitionsIn this by-law, unless inconsistent with the context—"alienate" means to part with ownership of a capital asset in favour of another person with the intention of transferring the ownership of the capital asset to the procurer thereof;"capital asset" means(a)any immovable asset such as land, property or buildings; or(b)any movable asset that can be used continuously or repeatedly for more than one year in the production or supply of goods or services, for rental to others or for administrative purposes, and from which future economic or social benefit can be derived, such as plant, machinery and equipment;"close" in relation to a public street or public place, means to close for all purposes or to vehicular or pedestrian traffic only;"immovable asset" includes, but is not limited to—(a)immovable property or any share therein registered in the name of a person or entity, including, in the case of a sectional title scheme, a sectional title unit registered in the name of a person or entity;(b)a right to an exclusive use area held in terms of a notarial deed or cession;(c)a real right registered against immovable property in the name of a person or entity, excluding a mortgage bond registered against the property;(d)any share in a share block company as defined in section 1 of the Share Blocks Control Act, 1980 (Act 59 of 1980);(e)a public place or public street as defined in this by-law;(f)immovable property as defined in section 107 of the Deeds Registries Act, 1937 (Act 47 of 1937);(g)property consisting of land, buildings, or other improvements or structures attached to the land;"MATR" means the Municipal Asset Transfer Regulations promulgated in terms of the Municipal Finance Management Act, 2003 (Act 56. of 2003) (GG 31346 of 22 August 2008);"MFMA" means the Municipal Finance Management Act, 2003 (Act 56. of 2003) and any regulations promulgated in terms thereof;"municipality" means the Municipality of Swartland established in terms of section 12 of the Local Government: Municipal Structures Act, 1998. (Act 117 of 1998), and includes any political structure, political office bearer, councillor, duly authorised agent thereof or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub delegated to such political structure, political office bearer, councillor, agent or employee;"municipal area" means the area under the jurisdiction and control of the municipality;"public place" means any land or portion thereof indicated on an approved plan, diagram or map as a public place and of which ownership as such vests in the municipality, and"public street" means(a)any street which has at any time been—(i)used without interruption by the public for a period of at least thirty years;(ii)declared or rendered such by the municipality or other competent authority;(iii)constructed by the municipality, or(iv)constructed by someone other than the municipality and which vests in the municipality;(b)any land, with or without buildings or structures thereon, which is shown as a street on—(i)any plan of subdivision or diagram approved by the municipality or other competent authority and acted upon, or(ii)any plan or diagram as defined in section 15 of the Land Survey Act, 1997 (Act 8 of 1997), registered or filed in the office of the Registrar of Deeds or the Surveyor-General’s office, unless such land is on such plan or diagram described as a private street.
2. Purpose and objectives
OWNERSHIP OF PUBLIC PLACES AND PUBLIC STREETS
3. Ownership of public places and public streetsThe ownership of all public places and public streets and the land comprised in such places and streets vests in the municipality.
GENERAL PROVISIONS RELATING TO MANAGEMENT, ACQUISITION, ALIENATION AND LETTING OF CAPITAL ASSETS
4. Powers of municipalityThe municipality may, in achieving its operational needs and strategic objectives—(a)use, improve, benefit there from, dispose, let or allow its capital assets to be developed or occupied or to permit it to be enclosed and cultivated;(b)acquire immovable property and rights in property by way of private treaty, cession, donation or expropriation;(c)dispose of capital assets and rights in capital assets by way of direct sale, public tender, auction or direct negotiation;(d)let capital assets on a long term or short term basis by way of direct negotiation or public tender;(e)subject to the provisions of MATR determine subsidised selling prices or lease tariffs in respect of capital assets;(f)acquire or dispose of assets by means of exchange or donation;(g)lease assets for own purposes where necessary; and(h)exercise such other competencies as may be reasonably necessary, or incidental to the effective performance of the municipality’s functions.
5. Alienation and letting of capital assetsThe alienation or letting of capital assets of the municipality shall be dealt with in terms of section 14 of the MFMA and the MATR as well as the provisions of the municipality’s Municipal Asset Transfer Policy.
6. Out of hand selling and letting of capital assets
7. Subsidised prices and rentalsIn terms of the general principle as set out in section 2(2), the municipality may determine subsidised selling prices and rentals in respect of certain classes of capital assets to be sold or let to approved categories of applicants with the view to promote the municipality’s functions and objectives as set out in the Constitution.
8. ServitudesThe municipality may grant servitudes over or under municipal immovable property at a tariff determined by the municipality and on such terms and conditions as it may prescribe.
10. Closure of public places and public streetsSubject to the provisions of the By-law relating to Roads and Streets, the municipality may close any public street or public place or portion thereof.
11. Prescriptive claimsThe municipality may, upon written proof that a person has—(a)prior to the expiration of the period of ten years contemplated by section 1 of the Prescription Ordinance, 1964 (Ordinance 16 of 1964), by prescription acquired ownership of immovable property owned by the municipality; or(b)acquired a right in or over such property;admit or concede any claim to that effect by such person.
12. ExclusionThis by-law does not apply to the sale of erven serviced as part of the National Housing Programme.
13. Repeal of by-lawsThe By-law Relating to the Management and Administration of Immovable Property published by Swartland Municipality in Provincial Gazettte 6067 of 19 September 2003 is hereby repealed.
14. Short title and commencementThis by-law shall be known as the By-law relating to Transfer of Municipal Capital Assets and shall come into operation on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Purpose and objectives
- Chapter 1 – OWNERSHIP OF PUBLIC PLACES AND PUBLIC STREETS
Chapter 2 – GENERAL PROVISIONS RELATING TO MANAGEMENT, ACQUISITION, ALIENATION AND LETTING OF CAPITAL ASSETS
- 4. Powers of municipality
- 5. Alienation and letting of capital assets
- 6. Out of hand selling and letting of capital assets
- 7. Subsidised prices and rentals
- 8. Servitudes
- 9. Encroachments
- 10. Closure of public places and public streets
- 11. Prescriptive claims
- 12. Exclusion
- 13. Repeal of by-laws
- 14. Short title and commencement
History of this By-law
22 May 2015 this versionPublished in Western Cape Provincial Gazette no. 7394By-law commences.