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- BEFORE AGENDA, from 00:00:00
- AGENDA, from 01:15:34
The Council will consider granting in-principle approval for the closure and transfer of a portion of public street at Auber Avenue, Mandalay, to the owner of the adjacent Erf 109 Mandalay, Nomfundo Sbongile Muriel Mashonganyika.
Closing a public street and transferring it to an adjoining owner is a formal property process in Cape Town. It is usually done under the City's Management of Certain City Immovable Property policy and the Municipal Asset Transfer Regulations. It also draws on the Local Government: Municipal Systems Act and the Municipal Finance Management Act. A street that has been surveyed and registered as public road is held in trust for the public. The City can't hand over any part of it until Council has first resolved that the land is no longer needed for public use. "In-principle approval" is the first step. It allows the City to start the detailed process. It is not the final transfer.
After in-principle approval, the City normally advertises the proposed closure and invites public comment and objections. Different City departments, such as Roads and Stormwater, Water and Sanitation, and electricity and telecommunications providers, are also asked whether they need servitudes. The land is then valued, and the price is set at or near market value. A final Council decision follows, and then a survey, a subdivision or consolidation, and registration at the Deeds Office. Transfers like this often involve small, leftover or irregular road portions next to a private erf. The adjoining owner typically consolidates the portion into their own property.
This matters to residents because it affects public access, municipal services, and the character of the neighbourhood. It can also affect the property rights of nearby owners. Mandalay is a residential suburb in Mitchells Plain, so the outcome of this kind of process is mainly of interest to neighbours. Objections can be lodged during the public participation stage. I couldn't retrieve current City of Cape Town documents on this specific item, so check the Council agenda on the City's website for the details.
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