Infrastructure

Question by: 
Hon Brett Herron
Question Number: 
4
Question Body: 

With reference to his reply to question 1 of 16 May 2025:

  1. Whether the reversionary clause will be triggered now that the deadline of 18 April 2026 has passed; if not, why not; if so,
  2. whether the hall will be returned to the Western Cape Government; if so, what are the relevant details;
  3. whether any (a) legal or (b) administrative steps have been initiated to enforce the reversionary clause; if not, why not; if so, what steps have been taken to date;
  4. whether a formal notice of breach has been issued to the purchaser (Indoni); if not, why not; if so, on (a) what date and (b) what response was received;
  5. whether the purchaser has made any representations to his Department explaining its failure to develop or use the property for the intended purpose; if so, what are the details;
  6. what oversight mechanisms, if any, were in place to monitor compliance with the conditions of sale over the five-year period?
Answer Body: 
  1. An investigation is being undertaken to confirm if the reversionary clause has been triggered and is thus applicable.
  2. This will depend on the outcomes of the investigation mentioned in (1) above. If the reversionary clause is indeed applicable, the property needs to be transferred back to the Western Cape Government, subject to the sale agreement that was entered into.
  3. (a) No legal steps have been taken as yet.
  4. The Department has made an attempt to contact the owner. To date, contact has not yet been made. The Department also acknowledges receipt of the letter from the Walmer Estate Civic Association.
  5. (a)(b) The Department’s Directorate Land and Asset management has been unable to make contact with the owner. Further steps will be taken pending the investigation into the applicability of the revisionary clause.
  6. The purchaser has not made any representations.
  7. The property is registered in the name of Indoni. All rights and obligation that flow or stem from this property are for the account of the registered owner. While the Department has physically monitored the site through its Property Inspectorate, the Department has, at this point, not been able to reach the owner.
Date: 
Friday, May 8, 2026
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