Expropriation notice Pivotal GGP Redifine
City of Ekurhuleni Metropolitan Municipality
Notice of Expropriation
Issued by the City of Ekurhuleni Metropolitan Municipality (the Municipality) In terms of Section 9(3) of the Housing Act, 1997 (Act No. 107 of 1997) Read with Sections 1, 6 to 15 and 18 to 23 of the Expropriation Act, 1975 (Act No. 63 of 1975).
1. GGP Investments (Pty) Ltd.
52 Grosvenor Road
Fairway office park
2. Pivotal Fund Ltd.
5th Floor Rosebank Avenue
19 Bierman Avenue
3. Redefine Properties Ltd.
19 Bierman Avenue
AND TO: All other persons claiming any right to or interest in the land described in this Notice of Expropriation whether by virtue of registration or otherwise, and particularly any lessee, buyer or builder contemplated in Section 9(1)(d) of the Expropriation Act, 1975.
Notice is hereby given in terms of Section 7, read with Section 5(2) of the Expropriation Act No. 63 of 1975 (the Act) that the Municipality, having obtained permission of the Member of the Executive Committee of the Province of Gauteng responsible for Human Settlements on 21 November 2018, hereby expropriates the land described hereunder under powers vested in it by Section 9(3) of the Housing Act No. 107 of 1997 (the Housing Act) and Section 5 of the Act, for public purposes, in particular for the purposes of a national housing programme as defined in Section 1 of the Housing Act. The land being expropriated is the following:
REMAINING EXTENT OF PORTION 2 OF THE FARM ELANDSFONTEIN 90 IR, MEASURING 335,1240 HECTARES IN EXTENT.
PLEASE NOTE THE FOLLOWING:
- The date of expropriation shall be 12 April 2019 with effect from which date, where applicable, ownership of the said land will pass to the Municipality;
- The date upon which the Municipality will take possession of the said property shall be 12 April 2019.
- Where land is expropriated, with effect from the date of possession of the land by the Municipality, the Owner(s) will be relieved of the obligation to take care of and maintain the land and to pay taxes and other charges thereon, and will no longer be entitled to the use of and any income from the land; a
- Where the property has been partially expropriated, at the request of the Owner(s) this notice shall be deemed to include the remainder of the property or part thereof in terms of Section 2 of the Act, provided that the Municipality is satisfied that such remainder has been rendered useless by the expropriation; and
- The costs of the survey required and the survey itself will be borne and undertaken by the
YOUR ATTENTION is directed to the provisions of Section 9(1) and 12, (in particular sub-sections 3(a) (ii)) of the Act and in particular to the obligations which you must comply with under the said sections. For your convenience, the sections are reproduced here (please read Municipality where it states ‘Minister’ or ‘State’).
- Duties of owner of property expropriated or which is to be used by State. –
(1) An owner whose property has been expropriated in terms of this Act, shall, within sixty days from the date of notice in question, deliver or cause to be delivered to the Minister a written statement indicating-
(a) if any compensation was in the notice of expropriation offered for such property, whether or not he accepts that compensation and, if he does not accept it, the amount claimed by him as compensation and how much of that amount represents each of the respective amounts contemplated in section 12(1)(a)(i) and (ii) or (b) and full particulars as to how such amounts are made up;
(b) if no such compensation was so offered, the amount claimed as compensation by him and how much of that amount represents each of the respective amounts contemplated in section 12(1)(a)(i) and (ii) or
(c) and full particulars as to how such amounts are made up;
(d) If the property expropriated is land and any amount is claimed in terms of paragraph (a) or (b), full particulars of all improvements thereon which, in the opinion of the owner, affect the value of such land;
(e) If the property being expropriated is land-
(i) which prior to the date of notice was leased as a whole or in party by unregistered lease, the name and address of the lessee, and accompanied by the lease or a certified copy thereof, if it is in writing, or full particulars of the lease, if it is not in writing;
(ii) Which, prior to the date of notice, was sold by the owner, the name and address of the buyer, and accompanied by the contract of purchase and sale or a certified copy thereof;
(iii) on which a building has been erected which is subject to a builder’s lien by virtue of a written building contract, the name and address of the builder, and accompanied by the building contract or a certified copy thereof;
(f) Indicate the address to or at which you desire that further documents in connection with the expropriation may be posted or delivered. Provided that the Minister may at his discretion extend the said period of sixty days, and that, if the owner requests the Minister in writing within thirty days as from the date of notice to extend the said period of sixty days, the Minister shall extend such period by a further sixty days.
(3) You are hereby requested, within sixty (60) days of the date of this notice, to –
(a) Deliver or cause to be delivered to the Municipality at the address stated hereunder the title deeds of the property hereby expropriated or, if such document is not in your possession or under your control, the name and address of the person in whose possession or under whose control it is;
- Basis on which compensation is to be determined.
3(a) (ii) if the owner fails to comply with the provisions of section 9 (1) within the appropriate period referred to in the said section, the amount so payable shall during the period of such failure and for the purpose of the payment of interest be deemed not to be an outstanding amount.
COMMUNICATION with the Municipality and in connection with any matter arising from or related to this Notice of Expropriation must be directed to: HoD: Corporate Legal Services, Office 1-047, 1st Floor, EGSC Building, Corner Cross & Rose Streets, Germiston, 1401; Tel. 011 990772 or email@example.com
Dr. Imogen Mashazi, City Manager, City Of Ekurhuleni,
30 January 2019