Hallo Desmond

Section 45 Chapter 5 of the Subject Act provides for the following:

45. (1) Property must be valued in accordance with generally recognised valuation

practices, methods and standards, and the provisions of this Act.

(2) For the purposes of subsection (1)-

(a) physical inspection of the property to be valued is optional; and

(b) comparative, analytical and other systems or techniques may be used,

including aerial photography and computer-assisted mass appraisal systems

or techniques, taking into account changes in technology and valuation

systems and techniques.

(3) (a) If the available market-related data of any category of rateable property is not

sufficient for the proper application of subsections (1) and (2), such property may be

valued in accordance with any mass valuation system or technique approved by the

municipality concerned, after having considered any recommendations of its municipal

valuer and as may be appropriate in the circumstances.

(b) A mass valuation system or technique that may be approved by a municipality in

terms of paragraph (a) includes a valuation system or technique based on predetermined

bands of property values and the designation of properties to one of those bands on the

basis of minimal market-related data.

It will be highly appreciated if you can kindly confirm if the municipality approved any mass valuation system or technique? Since, it is confirmed that I did not find any record of such an approval included in the documents delivered to me.  This is also not covered in the Council Resolution.

If indeed a mass valuation system or technique was approved by the municipality, it will be highly appreciated if full details (including the recommendations/motivation of the municipal valuer of such mass valuation system or technique) can be forwarded to me.

Thank you once again for all your help thus far.

Regards

Adrie

Dear Adrie

In terms of section 33 of the Municipal Property Rates Act provides for the designation of the Municipal Valuer either  one of its official or a person from private practice and if the municipality decides to secure the services of a person in private practice as municipal valuer, it must follow an open, competitive and transparent process in accordance with Municipal Finance Management Act. The successful bidder will be designated as its municipal valuer by the way of a written contract setting out terms and condition of the designation.

Therefore since Mbombela did not have an internal capacity or official to be designated as its Municipal Valauer, then followed an open, competitive and transparent  tendering process and appointed C B Richards Ellis by signing as service level agreement setting terms and condition of the appointment. C B Richard Ellis is a firm that provides valuation services and within the contract entered into between the municipality and C B Richards Ellis, Mr.  Martin Fitchet is a nominated and designated Municipal Valuer, further his credentials are in line or met the requirements in terms of section 39 of the Municipal Property Rates Act and his registration number with the SACPVP is 1373 for further verification.

Data collectors

As for the data collectors, the Act (MPRA) provides for designation of data collectors to  assist the municipal valuer with the collection of data and other related work. Therefore data collectors designated by the municipal valuer in concurrent with the municipal manager were appointed as such. The valuation roll(s) are certified by the Municipal Valuer (i.e. Mr. Martin Fitchet)  in terms of the requirements of the Act.

Hope the above information will assist in addressing your concerns or opinion.

Regards

Desmond Mavundla

013 759 2365

From: Adrie van der Merwe [mailto:Adrie.vanderMerwe@dpw.gov.za]
Sent: 15 July 2009 04:05 PM
To: Desmond Mavundla; Oupa Mokoena
Cc: Bessie Pienaar; valuator@global.co.za; cwapinc@mweb.co.za; cwapinc@mweb.co.za; Albert van Zyl; info@sacpvp.co.za; Buks Viljoen; solange@jacarandafm.com; nicolenes@lowvelder.co.za; Mpho Mthethwa
Subject: Professional Status/ Registration of CBRE – CB Richard Ellis
Importance: High

Dear Desmond / Oupa

You are herewith kindly requested to please provide me with some information with regard to the professional status of the municipal valuer appointed by the Council.

I have decided to do some research and follow-ups because of the many problems the community experience and enquiries I received.  The reason for the enquiry is also as a result of the opinion/concerns of some local professional valuers in terms of professional conduct.

I contacted the South African Council for the Property Valuers Profession because I am having difficulty confirming the professional status of CBRE – CB Richard Ellis.

Neither Richard Ellis, nor Frank Theron is registered with the Council, as per the website information of the Council.  We were also at one stage informed that data collectors assisted with the valuation but the name of the Professional Municipal Valuer has not been communicated.  Martina from the Council advised that I should obtain the name/s of the municipal valuer contracted by the Municipality.  In other words, who was appointed by the Municipality as the municipal valuer in terms of the requirements of the Act?

Kindly also see the letter hereto attached.

Thank you

Regards

Adrie Smit van der Merwe

083 282 2230