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Urban Planning
Street transfer Rushmore Way Tokai
Agenda #5August 20, 2026
Summary
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The Council will consider granting in-principle approval for the closure and transfer of a portion of public street (Erf 8855 Constantia) at Rushmore Way, Tokai, to the owner of the adjacent Erf 10105 Constantia, De Lange Quads Family Trust.
The proposal involves closing part of a public street and transferring the land to the adjoining owner. In South Africa, municipalities do this under the Local Government Ordinance 1939 (Western Cape) and the Municipal Systems Act. They also rely on the City's own policy on the management of public street closures and disposals. A public street is held by the City in trust for the public. It cannot simply be sold. The Council first decides in principle whether the land is no longer needed for public use. It then follows a formal process. That process includes public notice, a period for objections and comments, and circulation to City departments and utility providers. These cover roads, water and sanitation, electricity and property management. The City also has to consider the market value of the land and the rules on disposing of municipal assets (Municipal Asset Transfer Regulations under the Municipal Finance Management Act). The buyer usually pays for the land and the costs of the process, and the land is often consolidated with the neighbouring erf.
The erf numbers (Erf 8855 and Erf 10105 Constantia) are cadastral land parcels in the Constantia registration division. The Tokai area falls within it. Surplus street portions typically arise from road realignments, wide road reserves or leftover slivers of land. The City must make sure that closing the street does not block access, cut off services or affect traffic. It must also protect existing services, which are often kept by servitude.
"In-principle approval" is only a first step. It lets the process go ahead, but it does not finalise the transfer. Final approval depends on the outcome of public participation and the objections received. It is important to residents because it affects public land, access and neighbourhood amenity. It also affects whether the City is getting fair value for the land.
I couldn't retrieve current sources, so I have not included any recent news specific to this property.
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