Benoni Country Club not a strategic land parcel?

When the City Times, in February, first broke the news of the possible development/future use of the property on which the Benoni Country Club (BCC) is situated, then Ward 27 councillor Gerrie Kriek dismissed the termination of lease agreement, sent via email, by the metro’s Real Estate Department to the club’s executive committee, on December 9, last year, as “nonsense”.

At the time Kriek said that the BCC had never been identified by Ekurhuleni as one of 40 strategic land parcels (SLPs), and that only two sports clubs in this region of the metro, namely Daveyton Golf Club and Springs Country Club, fell within these identified SLPs.

CLICK HERE for the first story (Development threatens Benoni Country Club’s existence)

SLPs are valuable, municipal-owned assets, of which the council is the trustee, on behalf of its residents.

Through the sale or lease of these several parcels of municipal-owned land the metro hopes to fast-track development and investment in Ekurhuleni.

Following a list of 12 questions submitted by newly elected Ward 27 councillor Jacques Meiring to the member of the mayoral committee (MMC) for infrastructure services, Clr Robert Mashego, recently, Kriek’s statement could hold some weight.

In Meiring’s request for supporting documents regarding the BCC development, the MMC replied that the item (A-CPED: 10-2013) was part of a process approved at a council meeting held on February 6, 2014, whereby a “study that was undertaken revealed that there is an oversupply of golf facilities in EMM”.

“The land on which the BCC is situated has been identified as a land parcel that has not been developed to its fullest potential, hence identified as a SLP, which the Transactional Advisor (TA), appointed by council to meet the strategic goals of the city, had to investigate to meet the strategic goals of the city,” the MMC’s reply states.

It goes on to add that: “The TA recommended a proposed land use of a golf course and/or development of mixed typologies by means of a sale or long term lease (30 years) for a possible combination of development and complimentary uses.”

Meiring’s follow-up question asked if, according to the minutes of this year’s August 30 council meeting, the relevant item refers to the BCC as SLP24.

This was confirmed by the MMC.

However, in the minutes of a resolution passed at the ordinary council meeting of November 26, 2013, a list of 40 SLPs in the metro never mentioned the BCC as a SLP.

 

The minutes from that meeting listed “Ebotse Public Open Space” as SLP24.

When asked about this, metro spokesman Themba Gadebe told the City Times that “a special council meeting was held on February 6, 2014, and that a copy of the resolution which emanated from the meeting and referred to in the response, was provided to Meiring.

“‘Ebotse Public Open Space’, in council resolution A-CPED (10-2013) of November 26, 2013, has no significance to ‘SLP 24: Benoni Country Club’ as it was merely a number used in the resolution for purposes of numbering certain property descriptions and no deductions should be made in this regard.

“The ”Benoni Country Club: SLP 24” is situated on the Remainder of Portion 27 of the Farm Vlakfontein 69 IR, while ”Ebotse Public Open Space” is situated on Portion 41 of the Farm Vlakfontein 69 IR.

“It is clearly two separate properties and we have attempted in the response above clarify any confusion in the subject connection.”

When asked if it was correct to say that BCC was never actually listed as a SLP for potential development, Gadebe replied: “Yes, it is correct to say that the Benoni Country Club (SLP24) was not listed for potential development as part of the report submitted and considered by council on November 26, 2013.

“The resolution taken at the special council meeting of February 6, 2014, SLP 24 was identified and a report submitted to council on June 23, 2016, for approval of a public participation process contemplated in Regulation 34 (3) (a) of the Municipal Asset Transfer Regulations, 2008.”

More questions posed to the metro regarding the BCC issue:

BCT: The developer behind the original Ebotse Links development is believed to be pushing for the BCC contract. Is it coincidence that this SLP was initially named “Ebotse Public Open Space site”? With regards to Cllr Meiring’s fourth question to the MMC, he asks if it is council’s intent to dishonour the conditions of the “Deed of Gift” that exists between council and BCC (signed on December 10, 1951), however, the MMC responds by quoting clauses from a completely different document (Notarial Agreement) signed between the erstwhile Town Council and the Van Ryn Gold Mines Estate. The Van Ryn Gold Mines Estate was a separate entity to the BCC and the original Deed of Gift between council and the Benoni Country Club has seemingly been ignored.

TG: As explained above it was just coincidence and as indicated, SLP24: Benoni Country Club indeed has nothing to do with “Ebotse Public Open Space”.

For the sake of transparency and in the interest of the relevant stakeholders, we attach copies of the following documents for your perusal: –
a. Notarial Deed of Gift between the “Van Ryn Golf Club” and the Town Council of Benoni dated 10 December 1951, wherein all assets (excluding land) of the Van Ryn Golf Club were donated to the Municipality with the exclusion of the Club Liquor license and Liquor stock at hand.

Deed of gift
b. Deed of Transfer dated 18 June 1953. The Council purchased the land on which the Van Ryn Golf Club operated together with other land portions, from the Van Ryn Gold Mines Estate Limited at a purchase price of £46 625.0.0.

Deed of Transfer
c. Notarial Agreement between the Town Council of Benoni and Van Ryn Gold Mine Estate, Limited dated 18 October 1952. On page 4, Paragraph 1 of the attached notarial agreement it is stated that the Council shall not use the open space for anything other than recreational purposes for a period of 25 years from 11th August 1950 (which caveat expired on 11th August 1975).

Notarial Agreement

The Public Participation meeting will take place on 22 November 2016 at 19:00 in the Main Hall, Benoni Country Club, Morris Avenue, Morehill, Benoni.

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