Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
The Legislative Complexities of Municipal Real Estate Transactions in the Context of Social Value Creation
Legislation governing the sale and lease of immovable property by South African municipalities to third parties is extensive and multi-faceted. Different pieces of legislation are applicable, which specify several requirements to be complied with before a municipality enters into a sale or lease tra...
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | Eng |
| Published: |
Department of Construction Economics and Management
2025
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613236458684416 |
|---|---|
| access_status_str | Open Access |
| author | Emsley, Liezl |
| author2 | Van Schalkwyk, Catherine |
| author_browse | Emsley, Liezl Van Schalkwyk, Catherine |
| author_facet | Van Schalkwyk, Catherine Emsley, Liezl |
| author_sort | Emsley, Liezl |
| collection | Thesis |
| description | Legislation governing the sale and lease of immovable property by South African municipalities to third parties is extensive and multi-faceted. Different pieces of legislation are applicable, which specify several requirements to be complied with before a municipality enters into a sale or lease transaction. Compliance with some of these requirements are time-consuming and there are instances of overlap. While the requirements stipulate how a municipality should transact when undertaking immovable property transactions, consideration must also be given to overall municipal objectives and mandate, as provided for in the Constitution. The central theme of these objectives is the delivery of social value to the local community. This dissertation aims to determine to what extent legislative requirements applicable to the sale and lease of municipal immovable property to third parties support the realisation of social value objectives, as provided for in the Constitution. The study has three main objectives: a. First, to identify the legislation applicable to municipal immovable property transactions and to determine the objectives of the legislation relating to municipal immovable property transactions. b. Second, to examine the extent to which social value objectives are achieved through municipal immovable property transactions. c. Third, to investigate whether the legislation and processes relating to municipal immovable property transactions may be improved to better facilitate social value delivery. These objectives are considered by investigating and analysing the processes followed at two South African metropolitan municipalities when undertaking immovable property transactions. The study identifies and considers both the general challenges experienced by municipal officials regarding these transactions, as well as specific challenges faced in relation to the application of the legislation. The study illustrates how the legislative requirements, aimed at providing fairness and transparency, may inadvertently discourage social value creation. Recommendations are made to streamline and simplify the transaction process. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/40895 |
| institution | University of Cape Town (South Africa) |
| language | Eng |
| last_indexed | 2026-06-10T12:32:56.154Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Department of Construction Economics and Management |
| publisherStr | Department of Construction Economics and Management |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/40895 The Legislative Complexities of Municipal Real Estate Transactions in the Context of Social Value Creation Emsley, Liezl Van Schalkwyk, Catherine Property Studies Legislation governing the sale and lease of immovable property by South African municipalities to third parties is extensive and multi-faceted. Different pieces of legislation are applicable, which specify several requirements to be complied with before a municipality enters into a sale or lease transaction. Compliance with some of these requirements are time-consuming and there are instances of overlap. While the requirements stipulate how a municipality should transact when undertaking immovable property transactions, consideration must also be given to overall municipal objectives and mandate, as provided for in the Constitution. The central theme of these objectives is the delivery of social value to the local community. This dissertation aims to determine to what extent legislative requirements applicable to the sale and lease of municipal immovable property to third parties support the realisation of social value objectives, as provided for in the Constitution. The study has three main objectives: a. First, to identify the legislation applicable to municipal immovable property transactions and to determine the objectives of the legislation relating to municipal immovable property transactions. b. Second, to examine the extent to which social value objectives are achieved through municipal immovable property transactions. c. Third, to investigate whether the legislation and processes relating to municipal immovable property transactions may be improved to better facilitate social value delivery. These objectives are considered by investigating and analysing the processes followed at two South African metropolitan municipalities when undertaking immovable property transactions. The study identifies and considers both the general challenges experienced by municipal officials regarding these transactions, as well as specific challenges faced in relation to the application of the legislation. The study illustrates how the legislative requirements, aimed at providing fairness and transparency, may inadvertently discourage social value creation. Recommendations are made to streamline and simplify the transaction process. 2025-02-10T11:07:04Z 2025-02-10T11:07:04Z 2024 2025-02-10T11:01:18Z Thesis / Dissertation Masters MSc http://hdl.handle.net/11427/40895 Eng application/pdf Department of Construction Economics and Management Faculty of Engineering and the Built Environment |
| spellingShingle | Property Studies Emsley, Liezl The Legislative Complexities of Municipal Real Estate Transactions in the Context of Social Value Creation |
| thesis_degree_str | Master's |
| title | The Legislative Complexities of Municipal Real Estate Transactions in the Context of Social Value Creation |
| title_full | The Legislative Complexities of Municipal Real Estate Transactions in the Context of Social Value Creation |
| title_fullStr | The Legislative Complexities of Municipal Real Estate Transactions in the Context of Social Value Creation |
| title_full_unstemmed | The Legislative Complexities of Municipal Real Estate Transactions in the Context of Social Value Creation |
| title_short | The Legislative Complexities of Municipal Real Estate Transactions in the Context of Social Value Creation |
| title_sort | legislative complexities of municipal real estate transactions in the context of social value creation |
| topic | Property Studies |
| url | http://hdl.handle.net/11427/40895 |
| work_keys_str_mv | AT emsleyliezl thelegislativecomplexitiesofmunicipalrealestatetransactionsinthecontextofsocialvaluecreation AT emsleyliezl legislativecomplexitiesofmunicipalrealestatetransactionsinthecontextofsocialvaluecreation |