15b. Pro forma-Notarial deed of servitude

NOTARIAL DEED OF COMMONAGE SERVITUDE AND RESTRICTION ON THE ALIENATION OF LAND

K S

BE IT HEREBY MADE KNOWN:

THAT on this the day of ………………….. (year)

before me…………………………………………………………………………………..

Notary Public, by lawful authority duly admitted and practising at ……………….…… Province of …………………… and in the presence of the subscribing witnesses, personally came and appeared

……………………………………………………………………………………………………

in his/her capacity as duly authorised agent by virtue of a Special Power of Attorney signed at …………………..

on ……………………and granted by the

1. MUNICIPALITY

represented by ………………………………………………………………………………………………………………….

in his/her capacity as Municipal Manager/ Chief Executive Officer for the time being duly authorised by virtue of a Resolution of its Council passed at …………………………………….. on ……………………………………..

(hereinafter called the OWNER)

and ……………………………………………………………….

in his/her capacity as duly authorised agent by virtue of a Special Power of Attorney signed at …………………………. on…………………and granted by the

2. PREMIER OF THE PROVINCE

represented by …………………………………………

(hereinafter called the PREMIER)

which said Special Powers of Attorney and certified copy of which Resolution have this day been exhibited to me and now remain filed in my Protocol.

AND THE SAID APPEARERS DECLARED THAT:

WHEREAS the owner is the registered owner of

(hereinafter called the PROPERTY)

AND WHEREAS the owner acquired the property through funds obtained from the National Department of Land Affairs but subject to the express condition that the property shall be used as a commonage;

AND WHEREAS the owner accepted the funds subject to the aforesaid restrictive condition, and subject to the further condition that the property shall revert to the Province in which the property is situated, in the event of non compliance by the owner of the condition requiring the use of the property as a commonage by the residents within the jurisdiction of the owner with special emphasis on the poor and less privileged and the conditions ancillary thereto as set out hereinafter;

NOW THEREFORE THESE PRESENTS WITNESS:

1. The owner must ensure the use of the property as a commonage for the benefit of the residents within the jurisdiction of the owner with special emphasis on the poor and less privileged (hereinafter referred to as the beneficiary group) and must hold and administer it in terms of the provisions of this Deed.

2. The owner must establish a representative management body comprising at least 1 (one) member but not more than 2 (two) members of the Owner, 2 (two) members of the beneficiary group and not more than 2 (two) other persons (e.g. experts or members of relevant bodies or authorities such as the Department of Agriculture) agreed to by the owner and the beneficiary group members. The Management body must formulate a Land Use Management Plan (hereinafter referred to as the PLAN) which will set out conditions of use and how these shall be monitored and enforced.

3. The land may not be encumbered, alienated or transferred without the written permission of the Premier.

4.1 The owner acknowledges that failure on its part to ensure the use of the property as a commonage in terms of the plan and to administer it as such, will entitle the Premier to demand that the property be transferred to the Province in order to enable the Province to enforce the conditions in favour of the beneficiary.

4.2 The Premier must only exercise the prerogative to demand that the property reverts in the Province by way of transfer from the owner to the Province on the basis of satisfactory evidence that the owner failed in its duty to ensure the use of and to administer the property as a commonage for the benefit of the beneficiary group in terms of the plan and/or this Deed.

4.3 Should the owner dispute that it failed in its duty to ensure the use of and to administer the property as a commonage as contemplated herein the parties to the dispute must in the first instance endeavour to resolve the dispute by negotiation. This entails that any party invites the other(s) in writing to meet and to attempt to resolve the dispute within 7 (seven) days from the date of receipt of the written invitation. If the dispute has bot been resolved by such negotiation, the parties must submit the dispute to mediation to be conducted on such terms as may be mutually agreed on by the parties and failing such agreement, to be administered by the Arbitration Foundation of South Africa (AFSA), upon the terms set by the AFSA National Mediation Panel Secretariat, or its successors in title.

5. Failing such a resolution, the dispute, if arbitrable by law, must be finally resolved in accordance with the Rules of AFSA by an arbitrator(s) appointed by AFSA and approved by the parties. The determination of the arbitrator(s) shall be final and binding on the parties and may be made an order of any court of competent jurisdiction.

6. No compensation is payable for the granting of this servitude.

7. The costs of and incidental to the preparation and registration of this notarial deed must be paid by the owner.

THUS DONE AND EXECUTED at ……………………………………………………………….

on the day, month and year first aforewritten in the presence of the undersigned witnesses.

AS WITNESSES:

1. ___________________

FOR THE MUNICIPALITY

2.

AS WITNESSES:

1. ___________________

FOR THE PREMIER

2.

QUOD ATTESTOR

_________________

NOTARY PUBLIC