MOSSEL BAY NEWS - Great plans may be realised in about two months' time to transform what is known now as the Mossel Bay Yacht and Boat Club (MBYBC).
This follows after the Western Cape High Court on Monday, 30 April turned down the MBYBCs application to review and set aside a decision of the Transnet National Ports Authority (TNPA) Committee in terms of which a tender for the premises occupied by the yacht club was awarded to Mossel Bay Waterfront (Pty) Ltd.
The application was dismissed with costs. The court found that the MBYBC "failed to prove the alleged non-compliance with specifications, prescripts, requirements or conditions which would render the tender unacceptable or non-responsive".
Despite the management of the MBYBC publicly stating that it intends to appeal the outcome, the Waterfront Company is raring to go with the implementation of plans that, they argue, "will offer Mossel Bay residents exciting prospects from a unique venue and will increase the tourism offering in town exponentially".
When asked for comment by the Mossel Bay Advertiser, MBYBC president Wilhelm von Schütz said the club would be appealing the High Court decision.
Transnet initially agreed to stay their eviction order pending the outcome of the review application, which has now been dismissed.
All in all, the Waterfront Company plans on effecting their plans for the venue within the next six to eight weeks.
"By no means do we want the demise of the MBYBC as an entity. To the contrary, the Waterfront Company has on at least three occasions invited the management of the MBYBC to discussions on how we may work together to grow both the club and the venue," Waterfront Company director Albe Durand told the Mossel Bay Advertiser.
Durand made special mention of his legal team, Gerhard de Villliers-Moore of Mossel Bay and thanked them for their continued support.
Great plans are afoot to open a top-notch restaurant at the current MBYBC facilities that will cater to tourists and Mossel Bay residents alike. Photo: K Slater
Exciting plans
He stresses, however, that the Waterfront Company wants to embark on a new era for the venue. The company has a completed and all-inclusive environmental impact assessment and safety protocol and has several exciting plans that will allow the community greater access not only to improved facilities but also to programmes that will benefit a much wider spectrum.
As is currently the case, much of the premises will still be available exclusively to members only, but a separate entrance for the general public will allow unhindered access to the restaurant and certain other facilities.
"There is no doubt that the existing facilities are in dire need of upgrade and renovation. This we will see to. Residents can expect a top-notch restaurant that will add to the atmosphere on the quay.
"A walkway that will eventually link the Point area with Santos beach is another exciting development that will unlock the harbour for tourists and locals. Imagine people taking a stroll from Santos beach to the restaurants along the quay, or visiting sailors having easier, more pleasant access to the town."
The existing deck at the yacht club restaurant will be extended to enhance the outdoor experience for restaurant patrons.
Parking
Durand emphasises the importance of safety and parking and says plans are proceeding well with TNPA to have the existing parking on the quay extended, with additional lighting provided and additional parking space being made available.
"We intend to guarantee safe and exclusive parking for the members of the MBYBC, as is currently the case. In fact, we want to make the membership offering so exciting that more local residents may want to join the MBYBC, albeit at a reduced monthly membership fee."
Moorings
The Waterfront Company also plans refurbishment of the moorings, with specific emphasis on the gateway to the town where proper ablutions and a decent waiting area will replace the current ship's containers. This will add improved access to tourists, supporting the Mossel Bay Municipality’s drive for tourism.
If the MBYBC insists on not working with the Waterfront Company, Durand says they will consider forming a club.
"The benefits will be tremendous; we plan on installing a telemetric system that will link several of the local businesses in the hospitality industry. Plans are well advanced in this respect. The visitor will be able to sit at the yacht club and have deliveries from another restaurant.
"The Waterfront Company sees itself adding to the already exciting calendar of festivals and happenings in town and plans to become a much-valued partner in offering locals and tourists an unforgettable experience while boosting the economy."
TNPA issued eviction notice to Mossel Bay Yacht Club
Transnet National Ports Authority’s (TNPA) Port of Mossel Bay confirms that it has issued a notice to the Mossel Bay Yacht Club (MBYC) to vacate its port premises by the end of May 2018. This in accordance with the terms of a High Court order dated 30 April 2018 which dismissed the application by MBYC to review and set aside the lease application awarded by TNPA to successor lessee Mossel Bay Waterfront Pty Ltd in October 2016.
Port of Mossel Bay Port Manager, Shadrack Tshikalange, said TNPA welcomed the judgement.
“We are confident that this decision will enable the port and the new lessee – through its strong business model – to provide all members of society with an equal opportunity to participate in port activities. This is in line with TNPA’s Smart People’s Ports vision, which includes promoting greater public access and ensuring a vibrant port system that connects local communities to port activities,” he said.
The tender was awarded to the Mossel Bay Waterfront, a Mossel Bay based, woman-owned micro-enterprise.
Judge AJ Langa in his judgment said: “Judged against the values of fairness, equitableness, transparency, competitiveness and effectiveness, the third respondent’s [Mossel Bay Waterfront] tender complies with all the specifications and conditions of tender as set out in the contract documents.”
He found that the tender was neither unreasonable nor irrational and that the Mossel Bay Waterfront’s bid was fully compliant with the terms of the lease.
MBYC had occupied premises within the port on a lease agreement which continued on a month to month basis by agreement until a new tender was advertised for the premises in August 2016.
MBYC and Mossel Bay Waterfront were the only contesting bidders for the new tender. The lease was subsequently awarded to Mossel Bay Waterfront.
The High Court found that points awarded in the tender process to Mossel Bay Waterfront were justified for new skills development, job creation and/or preservation, small business promotion and rural / community development and regional integration.
MBYC is required to vacate the premises by 31 May 2018.
As ports landlord, TNPA operates within a legislative and regulatory environment created by the National Ports Act No.12 of 2005. This requires the Authority to follow a public process for service providers looking to provide port services and facilities.
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