Dear Portfolio Committee on Human Settlements,

MEMO : PROPOSAL ERF 580 , 23 Simonsberg Road Stellenbosch Dated : 12 : 02 : 2023

I hope this memo finds you in good health , As an indigenoues King and direct descendant of Jeronimus son of Krotoa who also holds , such rich history and tapestry in South Africa , on behalf of the Goringhiacona , Goringhiqua and Cochaqua and Korana whom was under the rulers-hip of King Goring grandfather of Krotoa , father to King Xhore , father of Authsomoa hereby putting forward the following proposal for your approval.

Background

Refering to the following items Collaborator No: IDP KPA Ref No: Good Governance and Compliance Meeting Date: 16 November 2023 & 29 November 2023 ITEM : 11.3.2 AND ITEM 11.3.3 In reference of executive summary Stellenbosch Municipality is the registered owner Erf 3363 Stellenbosch.

This is a large property which includes several residential properties, offices, the Beltana Depot and large portions of the Botmaskop Nature Area. Portion 7 of Erf 3363 is better known as No. 23 Simonsberg Street, Stellenbosch. This property was used for staff housing and later as offices however the property has been vacant for some time now.

The property has been vandalized and it is not intended to be used for municipal employee housing any further.The vacant property is causing issues for the broader community due to the vandalization and the fact that the property is not maintained as it is vacant.

Corporate Services Directorate therefore recommends that the property be alienated by way of public auction although it still falls under the housing rental properties portfolio. The property must still be subdivided from the bigger erf. This item was withdrawn and therefore the House Of Carlson which this item to be tabled for development. Erf 580 was donated to the “Voortrekkerbeweging van Suid Afrika, Franschhoek Kommando”, however, the fall- back clause was activated during 2001.

The “Voortrekkerbeweging” agreed to give the erf back on conditions. One of the conditions was that a Youth Trust be establishment. Subsequently, the Franschhoek Jeug ontwikkelings trust was established on 19 June 2002. The then Councillor, Andricus van der Westhuizen, was appointed as trustee to act on behalf of the Municipality when the Trust was registered. Refering to some passages published by the council of Stellenbosch . The Trust Deed provided in clause 12 that in the event that the trustees unanimously, and in their discretion decide that the objective of the Trust is not fully fulfilled, they have the right to immediately end the trust, liquidate it and transfer the balance of its assets to the Stellenbosch Municipality.

This provision was however amended to replace the Municipality as “beneficiary” of the assets of the Trust should the Trust be dissolved with a non-governmental charity organization. The municipality has never received any feedback from the Trust regarding their actions to fulfil the objectives of the trust. Erf 2886, Franschhoek is
registered in the name of the trust and belonged to the Municipality before donated to the trust.

The land is currently littered with debry from the adjacent La Lude wine Estate and recently it has come to our attention that there are illegal occupants on the land. When this was brought to the attention of the trust the trust wrote an email to request the Municipality’s help with the illegal occupiers . Legally the municipality may not spend money on another landowner’s property and where the municipality has in past done so the owner undertook to pay the money back to the municipality. There is no such offer from the trust contained in the email.

The current situation with illegal occupation and the trust’s inability to deal with it put that asset at risk of being invaded beyond control. Despite the indication by email that there is information available none such information was forwarded to the municipality. The Municipality was removed as a “beneficiary” of the assets of the trust (after dissolvement of the trust).

Further, and as is detailed herein below, Mr Andricus van der Westhuizen is no longer a Councillor at the Municipality which has the ultimate effect that the Municipality, as founder of the Trust, no longer has a representative as trustee and accordingly has no input into the activities of the trust or its assets. It is on this pivotal point that the House of Carlson hereby propose that the trust continue under new trustees and executives of Khoi descendant preferably by organizations located in Stellenbosch and its fourteen surrounding hamlets overseen by the House of Carlson .

Yours sincerely HM King Khoekhoe De Goringhiacona 1st
direct descendant of Jeromimus son of Krotoa