15. Our Animals & Common Assets

15.1.  Will the animals in MP form part of the assets of the Trust?

The animals are address addressed in the trust deed in Clause such as 5.1.7, 5.2, 7.5.5.

It is intended that the Trust becomes the custodian of the animals for, and on behalf of all the owners. This means it has the ability to make the big decisions on behalf of all owners.

There is a court order in place (2008) that stipulates the municipality can take no action unless it has the agreement of all owners in Marloth Park. This, in addition to the order now in place since 2017 – (no shooting in an urban environment), means management of our game is a significant challenge.

The setting up of a trust & PBC provides the structure and vehicle where 100% of owners work together and allow us to comply and work together with the Municipality and other government structures.

There are others that know more than us on this issue (such as professor Reilly, Adv. J van Wyk, and MTPA) and they have advised that a trust is the only way forward for Marloth in this regard.

15.2.  The Deed states that Lionspruit, HvR Park, parklands, public works areas etc. are all “currently registered” in the name of NKLM. How are we assured that NKLM will give these up, so they form assets of the Trust? What does that mean in terms of the Trust (via PBC) providing the services over and above NKLM normal services over these NKLM registered assets?

This question deals with 2 issues;

1. Ownership of the common assets

We can’t answer for the Municipality.

In a worst case, we may need to pursue our entitlement in court. This decision can only be made by the management of the PBC together with the owners.

What we do know, is that there are already minute agreements from as early as 2003 to transfer our assets back but there has never been a suitable vehicle.

2. Providing basic services – roads, water, electricity, etc.

The service agreement will need to be negotiated with the Municipality when we set up the Special Rateable area.

This is all covered in the rules of SRA’s

The law states that NKLM must collect the Levies and pay them to the PBC. See the questions and answers provided regarding SRA/ CID’s on our resources page.