Bush T May16

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(2) Fibre-to-the-Home (FTTH) Infrastructure Following the tender and review process, Vodacom was appointed in November 2015. As we’re sure residents can appreciate, this is a massive project for which ZEMA needs to ensure all its bases are covered. So, with the assistance of ZEMA’s attorneys and expert telecommunications consultant, over the past few weeks, ZEMA has been negotiating with Vodacom to ensure that all the clauses in the very intricate Grant of Rights (GoR) contract are airtight before signing. The biggest challenge, which has been extremely time-consuming and frustrating at times, has been to try and finalise which of the two existing conduit infrastructures can be used to install the fibre-cabling throughout the Estate. The two conduit infrastructures are the Telkom sleeves and the Sewer infrastructure, respectively the domains of Telkom and SempcorpSiza Water. This has involved lengthy and extensive negotiations with the respective owners of the infrastructures in order to get consent for Vodacom to utilize the chosen infrastructure. At the time of writing this article, we had finally started to see substantial progress in the negotiations and therefore hope to finalise and sign the official Vodacom contract within a few days. We underestimated the technological, logistical and legal complexities involved to get both the Cellular Masts and Fibre-to-the-Home (FTTH) projects finalised and we would like to thank Members for their patience and understanding during this lengthy process. By the time of the AGM, we sincerely hope that we will have positive news for Members by being able to announce that both projects are already well underway. Land Excision Matter – Driving Range Site This is the litigation between ZEMA and TIFAZ, which relates to the vacant land known generally as the Driving Range Site. This is the land that borders on the main road, the M4, and is situated immediately to the north of the Zimbali South Gate. In the pending litigation ZEMA seeks two orders of court. In summary, these are that: 1. The portions of land constituting the Driving Range Site are properties that form part of Zimbali Coastal Resort, and 2. These properties were, (a) not rezoned pursuant to an application in terms of the Development Facilitation Act and accordingly remain subject to the use zoning “sports amenity” which applied prior to the application in terms of the above Act, and (b) not incorporated into “Zimbali Lakes Resort” for the purpose of the Town Planning Scheme. It was agreed that initially only the first issue would be heard. The hearing commenced before Mr Justice van Zyl on 4 March 2015 and continued on 5 and 6 March 2015. It was then adjourned and continued on 17 and 18 June 2015. At that stage, the parties had led the evidence which they required and the matter was adjourned for argument. Heads of argument took place on 6 October 2015 before Mr Justice van Zyl and we now await his judgement. Richard Bryant ZEMA CHAIRMAN 12
ZIMBALI R5.250 million HOT PROPERTY Great Investment Opportunity This modern apartment is ideal for permanent living or weekend getaways with zero hassle while away. Spend time in this sought after estate in comfort. Potential for good holiday letting income for the right investor. Web# 101518 Keith Brown 079 494 0504 ACCREDITED ZIMBALI AGENT www.jawitz.co.za Each office is independently owned and franchised 13
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Bush T May16

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