Municipality to continue with legal proceedings against Barberton Golf Club
During October 2018 a summons was served on the Barberton Golf Club (BGC), in which the municipality started proceedings to evict its current members.
BARBERTON – At the end of October 2018, it was agreed between the municipality and BGC that litigation would stand over until negotiations can be finalised.
An agreement was subsequently never reached between the City of Mbombela Local Municipality (CMLM) and BGC for a new lease agreement to be concluded.
“The rental amount was always a contentious issue,” said Colin Steytler, attorney for BGC, and a member of the club. He revealed that a deed search established that the notarial lease signed by Nelspruit Golf Club (NGC) was for period of 99 years, at R10 rental per month.
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During August 2018 CMLM appointed a valuator and determined that BGC should be liable to pay R18 333 per month. The amount was disputed by Steytler, as the club, with its 70 members, could not afford it.
“We have already maxed our overdraft facility and it costs us approximately R50 000 per month to maintain the fairway and manage the club,” Steytler argued.
“I am taken aback by the dissimilar treatment BGC is receiving in comparison to NGC. The latter has a property value of over R10 million and that of BGC is half that,” he said. The latest indication by CMLM was that it requires a minimum rental amount of R11 000 per month, or R132 000 per annum.
According to Steytler, CMLM has a constitutional mandate to establish an asset management policy. In terms of this policy the municipality is required to protect public property against arbitrary and inappropriate management.
“It is against this background that I mention that the BGC property is listed in the fixed asset register and classified as a recreational facility by CMLM. I have been unable to get any clear answers from the municipality on what they intend to use the property for, which is zoned as a recreational area and public park,” he stated.
Steytler further conveyed that he was invited during February to give a presentation to CMLM on why the approximately 53 hectares of land, with a value of approximately R5 million, should be retained and utilised as a recreational facility.
“We could not afford the exorbitant rental amount and presented our counteroffer of R500 per month, for the next 10 years. A meeting was, however, held between members of the golf fraternity and the then municipal manager, Neil Diamond, who agreed that the lease should be finalised, but the municipality is refusing to adhere to this instruction,” Steytler said.
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Lowvelder requested comment from CMLM on its reluctance to negotiate further with BGC to which Joseph Ngala, senior manager of communication at the municipality, stated that, “the matter is being pursued legally and therefore we cannot comment on it pending the finalisation of the legal process”.
Steytler said if CMLM proceeds with an eviction order, 21 regular employees, including six casual workers, will be without a source of income. “The municipality is not taking into account the social and economic effects the eviction will have on the town,” he said. The club captain, Frans Te Water, stated,
“This action unified the members of the club to fight for the survival of BGC.”
A source in government, who did not want to be named, disclosed to Lowvelder that “BGC will not be touched” for residential development.
