GOOD Speech by Rosa Louw,
GOOD Garden Route District Municipality Councillor
31 August 2026
*Note to Editor: This speech was delivered during a council meeting at the Garden Route Municipality on the disposal of Hansmoeskraal1,2&3, George.
Honourable Speaker,
I rise on the item dealing with Hansmoeskraal 1, 2 and 3 in George.Speaker, we must be clear on one principle: In South African law, Municipal Property is Public Property.
What is municipal property? It is any immovable asset owned by the municipality – land, buildings, servitudes, commonages. In this case, Hansmoeskraal 1, 2 and 3.
This Council does not own this land. We are merely custodians on behalf of the community. Pacaltsdorp is rich in Khoi San heritage and are we sure that the land is not part of the Khoi San Cultural sites in Pacaltsdorp. Did we make sure of that? I also know there is a petition that the Pacaltsdorp community handed over to the Mayor on the 14th of August 2026 regarding the selling of this land. We need recognition and protection of Koi San lands from Hansmoeskraal, Osgat and Haratsge as cultural heritage sites
And, Speaker, that is why Council cannot sell willy-nilly.
The law is very clear:
One, MFMA Section 14 says a municipality may not dispose of a capital asset that is needed to provide the minimum level of basic municipal services.
Two, the Municipal Asset Transfer Regulations of 2008 – this is the key. It says before disposal, Council MUST:
1. Resolve that the assets are NOT needed for basic services;
2. Consider its fair market value with an independent valuation;
3. Make sure this is not part of the Khoi San cultural heritage sites
4. Consider the economic and community value to be received; and
5. Follow a public participation process in terms of Section 14 and
Section 21 of the Municipal Systems Act.
If we do not follow this, the sale can be declared invalid, and Council can be held liable.
Speaker, my problem with this report is the words “not needed”.
The report cannot just say, “not needed”. What does that mean?
Council has not been told:
What is the size, zoning and valuation of each property?
Why was it originally acquired?
Is it earmarked for housing, for infrastructure, for an environmental buffer, or, as I said, is it not a Khoi San Cultural Heritage site?
What is the market value versus the proposed selling price?
And most importantly – was there public notice? What did the people of Pacaltsdorp and George say? Public interest must come first.
Therefore Speaker, I formally propose:
That the disposal of Hansmoeskraal 1, 2 and 3 be held in abeyance pending a full report to Council including: Deeds Office information, SG diagram, current zoning, municipal valuation and independent market valuation, reason for acquisition, confirmation of whether the land is needed for service delivery, and proof of the public participation process.
This is not to block development. This is to protect this Council. It shows we are applying the public interest test and financial due diligence as required by the MFMA.
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