Lease of land and building, sub 21 (of 8) lot 5333, port of richards bay – 15-Year lease

The procurement is for the leasing of premises described as RCB 10/2026/04 - land and building situated on Sub 21 (of 8) Lot 5333, Port of Richards Bay, for a period of fifteen (15) years. Full scope details are in the RFX.

Closing date: 20 November 2026 at 16:00 (as per tender record).

Briefing session: not stated in this document. The RFX may indicate whether a site visit or briefing is compulsory; if compulsory, attendance is mandatory and failure to attend disqualifies the bid.

Submission method: upload the completed bid into the Transnet e-Tender Submission Portal against the selected tender. The bidder guide is available at transnetetenders.azurewebsites.net.

Bid documents must be completed in their entirety on the official Transnet forms. Additional information may be submitted under separate cover on company letterhead only where the allocated space is insufficient, and must be cross-referenced in the RFX.

Returnable documents: all returnable schedules and documents listed in the RFX must be submitted with the bid. Failure to submit mandatory returnable documents results in disqualification; failure to submit other schedules may also result in disqualification.

Late bids will not be considered. Bids must remain valid for acceptance within the requested validity period after the closing date.

Prices must be quoted in South African Rand. Prices subject to confirmation will not be considered. Any alterations to bid prices must be made by deleting the incorrect figures and words and inserting the correct ones, initialled by the signatory; failure to do so may exclude the affected items from award.

Bids must be submitted strictly in accordance with the supplied drawings and specifications. Any required drawings must be furnished before the closing time and date; non-receipt may disqualify the bid.

If samples are required, they must be marked with the bidder's name, address, bid number and item number, and reach the addressee on or before the closing date; late samples may lead to rejection.

Foreign bidders: bids may be submitted directly by the principal or by a South African representative or agent. Written proof of authorisation must be submitted, and a legal Power of Attorney (complying with Rule 63 of the Uniform Rules of Court) must be furnished when required. Failure to submit authorisation disqualifies the bid.

Unauthorised communication about the bid during the evaluation period may result in disqualification. After the closing date, bidders may only communicate with the contact person listed in the RFX.

Eligibility requires CSD registration, a valid SARS tax clearance (tax pin), the appropriate B-BBEE level, CIPC registration, any relevant professional-body registration, and the bidder must not appear on the National Treasury Restricted Suppliers list; failure to meet any of these conditions disqualifies the bid.

Bids will be evaluated in accordance with the preference point system and any minimum qualifying score set out in the RFX. The evaluation split (price vs functionality, 80/20 or 90/10) is not stated in this document.

Bidders may be required to attend a site visit or briefing session where necessary; if indicated as compulsory in the RFX, failure to attend results in disqualification.

After the closing date, bidders may only communicate with the contact person listed in the RFX.

The procurement is for the leasing of premises described as RCB 10/2026/04 - land and building situated on Sub 21 (of 8) Lot 5333, Port of Richards Bay, for a period of fifteen (15) years.

Scope details, quantities, and service levels are not stated in this document; refer to the RFX for the full specification.

Prices must be quoted in the Price Schedule of the Bid Documents. For local supplies, quote on a Delivered RSA named destination basis. For imported supplies, quote on a Delivered Duty Paid (latest ICC Incoterms) basis to end destination in South Africa, unless otherwise specified in the Bid Price Schedule. Bids on any other delivery basis are liable to disqualification. Lead time for delivery must include all non-working days and holidays.

Pricing: prices must be quoted in the Price Schedule of the Bid Documents. For local supplies, quote on a Delivered RSA named destination basis. For imported supplies, quote on a Delivered Duty Paid (latest ICC Incoterms) basis to end destination in South Africa, unless otherwise specified in the Bid Price Schedule.

Bid security: not stated in this document. The successful bidder, when called upon, must provide security in the form of a Deed of Suretyship furnished by an approved bank, building society, insurance or guarantee corporation carrying on business in South Africa. The amount, if required, will be stipulated in the Bid Documents. The Deed of Suretyship form must be completed and returned within 30 calendar days from the date of the letter of acceptance; no payment will be made until it is delivered. Failure to return it within the prescribed time may result in cancellation of the contract with immediate effect.

Advance payments: the successful bidder may be required to furnish a guarantee covering any advance payments.

Payment terms: the Terms and Conditions of Contract set out the conditions of payment on which bid prices shall be based. Bidders may submit alternative payment or financing proposals, but must first tender strictly in accordance with the standard payment terms; failure to do so may preclude the bid from further consideration.

Conditional discounts: the conditional period for discounts is calculated from the date of receipt by Transnet of the supplier's month-end statement reflecting the relevant tax invoice, provided the order/contract conditions have been fulfilled and the tax invoice is correct. Incomplete or incorrect tax invoices will be returned and the period recalculated.

VAT: for local supplies, prices must be inclusive of VAT, shown separately at the standard rate on the tax invoice. For foreign services, the local portion (commission) must show VAT separately.

Currency: all monetary amounts must be in Rand (ZAR). Transnet prefers Rand-based agreements and requests bidders to consider forward exchange cover on foreign currency portions. South African Reserve Bank approval is required for any foreign currency payments.

CSD registration: required (as per eligibility criteria).

SARS tax clearance: a valid tax pin is required.

B-BBEE: the appropriate B-BBEE level is required; specific level thresholds are not stated in this document.

CIPC registration: required.

Professional-body registration: any relevant registration is required.

Restricted suppliers: bidders (or any of their members, directors, partners or trustees) must not appear on the National Treasury Register of Tender Defaulters or List of Restricted Suppliers. Transnet may withdraw an award or cancel a contract if a bidder is later found to be restricted.

Identification: the bid must state the full names of directors (company), members (close corporation), or partners/individual (partnership or sole trader).

Foreign bidders: must state the name of an authorised representative in South Africa who is empowered to sign contracts and act on the bidder's behalf. A legal Power of Attorney must be furnished when required, complying with Rule 63 of the Uniform Rules of Court.

Goods offered must be new (unused, not second-hand or reconditioned) unless otherwise stipulated.

Security: the successful bidder must provide a Deed of Suretyship from an approved bank, building society, insurance or guarantee corporation, in the amount stipulated in the Bid Documents. The form must be completed and returned within 30 calendar days from the date of the letter of acceptance; no payment will be made until it is delivered. Failure to return it within the prescribed time may result in cancellation of the contract with immediate effect.

Contract quantities: Transnet does not bind itself to purchase a definitive quantity; the successful bidder must supply quantities as ordered against the contract. Transnet will not accept liability for materials/stocks specially ordered or carried by the bidder. Estimated annual quantities are provided in the RFX and are estimates only.

Delivery period: governed by the Terms and Conditions of Contract. The bidder may be required to submit periodic progress reports. For emergency demands, the bidder has first right of refusal; if unable to meet the critical delivery period, Transnet may purchase elsewhere.

Acceptance of bid: upon acceptance, the parties are bound by the General Bid Conditions, the Terms and Conditions of Contract, and any Special Conditions. Email communication of acceptance is deemed delivered one day after submission.

Unacceptable conditions: bidders must indicate any unacceptable conditions and offer amendments on company letterhead; these are subject to review by Transnet's Legal Counsel. Bidders may withdraw an unacceptable deviation, failing which they will be disqualified.

Law: the contract is governed by South African law. The bidder must specify a domicilium citandi et executandi in South Africa. Foreign bidders must name an authorised representative in South Africa.

Default: if the successful bidder fails to enter into a formal contract, accept an order, furnish security, or comply with conditions, Transnet may accept another bid or call for fresh bids and recover additional expenses from the defaulting bidder.

After the closing date, bidders may only communicate with the contact person listed in the RFX. Eligibility requires CSD registration, valid SARS tax clearance, appropriate B-BBEE level, CIPC registration, relevant professional-body registration, and not appearing on the National Treasury Restricted Suppliers list; failure to meet any condition disqualifies the bid.

The document provides guidelines for port users and tenants to develop an Environmental Management Plan (EMP) tailored to their operations within port limits.

Returnable documents:

• Environmental Management Plan (EMP) must be submitted for approval to TNPA 30 days before the lease agreement commences.

The EMP must be submitted for approval to TNPA 30 days prior to the commencement of the lease agreement.

Environmental Management Plan (EMP) requirements:

• The EMP must outline environmental impacts of operations, mitigation measures, and roles and responsibilities for implementation.
• Must consider legal obligations relevant to the operations.
• Must include: overview of responsibilities, summary of predicted positive and negative impacts, environmental objectives and targets, detailed actions (how, by whom, by when, resources, monitoring), roles and communication processes, and applicable legislative requirements.
• Suggested content: organisation name, detailed scope of operations (including equipment and method statements), location within port limits, list of impacts with controls and mitigation measures (waste, water, land, air quality, plants, animals), mechanisms for compliance with legislation and by-laws, environmental monitoring programme, list of permits/licenses/authorisations, incident management protocol, environmental awareness programme, and roles and responsibilities.
• It is highly recommended that the EMP be compiled by a qualified Environmental Management Practitioner.

The EMP must include a detailed description/scope of operations, including equipment and method statements.

Environmental compliance:

• The EMP must address applicable national, provincial, and local legislative requirements, including municipal by-laws.
• Failure to meet environmental legal requirements could result in penalties.

Training and environmental awareness are essential for EMP implementation. All personnel must be trained on EMP requirements and understand their roles and responsibilities. This can be achieved through induction for new employees, regular awareness sessions, daily toolbox talks, newsflashes, emails, and other internal communication methods.

The EMP must include: an overview of responsibilities, a summary of predicted positive and negative impacts, environmental objectives and targets, detailed actions with resources and monitoring, roles and communication processes, and applicable legislative requirements. It must also list positive and negative impacts with controls and mitigation measures for natural resources (waste, water, land, air quality, plants, animals), mechanisms for compliance with legislation and by-laws, an environmental monitoring programme, permits/licenses/authorisations, incident management protocol, environmental awareness programme, and roles and responsibilities. It is recommended that the EMP be compiled by a qualified Environmental Management Practitioner.

The document is a Non-Disclosure Agreement between Transnet SOC Ltd and the bidder, governing the handling of confidential information exchanged for the bid. Key obligations:

• Confidential information must be kept secret and used only for bid-related technical and commercial discussions or subsequent contract performance.
• Disclosure is permitted only to agents who need to know, with prior awareness of confidentiality, and the bidder remains liable for their actions.
• Disclosure may be made if required by law or regulatory authority, with prompt notification to Transnet and cooperation on the form and content.
• Any unauthorised copying, disclosure, or use must be reported to Transnet promptly, and the bidder must take steps to remedy and prevent further breaches.
• All confidential information remains the property of the disclosing party; no intellectual property rights are conferred.
• The bidder must store information securely, keep written records of what was received and where it is located, and supply these to Transnet on request.
• Within 7 days of a written demand, the bidder must return all written confidential information and expunge or destroy it from all devices, then supply a director-signed certificate of compliance.
• No announcements or disclosures of the bidder's prospective interest may be made without Transnet's prior written consent; the bidder's name may not be used for publicity or marketing without consent.
• Confidentiality obligations survive termination of discussions and continue for 5 years.
• Each party acts as principal, not as nominee, agent, or broker, and bears its own costs.
• The disclosing party may pursue any legal or equitable remedies for breach, including specific performance and damages.
• The bidder must comply with South African privacy protection under Section 14 of the Bill of Rights and ensure appropriate technical and organisational measures against unauthorised or unlawful data processing.
• The agreement may not be assigned without consent, except Transnet may assign to any Transnet Group member.
• No failure or delay in exercising rights operates as a waiver; provisions are severable; modifications require written agreement signed by authorised persons.
• Nothing creates a partnership, joint venture, or agency.
• The agreement is governed by South African law, with exclusive jurisdiction of South African courts.

Lease of land and building at Port of Richards Bay for 15 years, for equipment/clean cargo storage.

Closing date: 20 November 2026 at 16:00

Non-compulsory briefing session: 21 October 2026, 09:00–12:00, at TNPA Port of Richards Bay, ECC Building, followed by site visit. Online option via Microsoft Teams (Meeting ID: 360 659 935 101 938, Passcode: C35gg3fe).

Closure of clarity-seeking questions: 06 November 2026 at 16:00

Bid validity period: 120 business days from closing date.

Enquiries and submissions:

• Email: [email protected]
• For property access and briefing attendance: [email protected]
• For post-closing communication: [email protected]

Submission portal: https://transnetetenders.azurewebsites.net

Briefing venue: TNPA Port of Richards Bay, ECC Building, Richards Bay, KwaZulu-Natal.

Submission method: upload the bid response onto the Transnet e-tender system at https://transnetetenders.azurewebsites.net (use Google Chrome). Multiple uploads are allowed, each up to 30 MB. Use only alphabetical and numerical characters in file names. Submit at least a day before closing to avoid technical issues; late submissions are not accepted.

Returnable documents — all must be signed, stamped and dated on each page:

• SBD 1 Form (Invitation to Bid): bidder details and declaration.
• Section 4: Rental Offer Price (priced rental offer).
• Section 6: Certificate of Acquaintance with RFP, Lease Agreement and applicable documents.
• Section 7: RFP Declaration and Breach of Law Form.
• Section 9: Specific Goals Points Claim Form (SBD 6.2).
• Section 10: Job Creation and Skills Development.
• Section 11: Protection of Personal Information.
• Section 12: Certificate of Attendance of Compulsory/Non-Compulsory RFP Briefing.

Documents used for scoring (must be submitted; missing items score zero):

• Valid B-BBEE certificate or sworn affidavit (as per DTIC guidelines).
• Proof of specific goals compliance (Section 9).
• Capital Expenditure Plan.
• Maintenance Expenditure Plan.
• Company profile and supporting documents.
• Business Plan.
• Reference Letters.
• Bank Rating.

Essential returnable documents (if missing, Transnet may give a further opportunity to submit; failure may lead to disqualification):

• SBD 1 Form.
• Certificate of Acquaintance.
• RFP Declaration and Breach of Law Form.
• Specific Goals Points Claim Form.
• Job Creation and Skills Development.
• Protection of Personal Information.
• Certificate of Attendance.

Disqualification risks:

• Late or incorrectly loaded bids.
• Missing mandatory returnable documents at closing.
• Unsigned documents or signatory not legally authorised.
• Collusion with other bidders.
• Attempting to canvass Transnet officers between closing and award.

Evaluation is staged; stages may run in parallel. Bidders must pass each stage to progress.

Stage 1 – Administrative responsiveness: bid lodged on time and signed by authorised bidder.

Stage 2 – Substantive responsiveness: bid contains a priced rental offer as prescribed in Section 4.

Stage 3 – Functionality/Technical (minimum threshold 66.67/100):

• Previous experience (10 points): minimum 2 years' experience in proposed use, with supporting evidence (e.g. lease agreement, licence). Company profile required.
• Reference letters (15 points): minimum 2 reference letters not older than 5 years, including customer/company name, address, contact details, project scope and duration.
• Bank rating (15 points): rating issued by a financial institution confirming the entity as a going concern, not older than 3 months. Ratings A, B, C score; D or below scores 0.
• Business Plan – operations aligned to Port Development Framework Plan (PDFP) (10 points): must detail use of premises, prove port-related use, and show support for port business.
• Business Plan – market analysis (10 points): must address 5 elements – status quo, potential market, gap analysis, SWOT, economic spin-offs.
• Business Plan – value to port operations (10 points): vision/mission, strategic objectives, innovation, short/medium-term value.
• Business Plan – capital expenditure plan (10 points): detailed WBS and project schedule for refurbishment/upgrades over lease term.
• Business Plan – maintenance plan (10 points): detailed maintenance plan aligned to property and proposed use, covering identification, prioritisation, scoping, objectives, resources, timeframes and costs.
• Business Plan – financial viability (10 points): cashflow projections over lease period, signed by a finance professional; assumptions and mitigations for negative cashflows.

Stage 4 – Final weighted scoring (total 100):

• Rental Offer Price: 80 or 90 points (formula based on lowest acceptable bid).
• Specific Goals (SBD 6.2): 20 or 10 points.

Stage 5 – Objective criteria: Transnet may award to a bidder other than highest scorer for reasons such as rotation of lessees, specialised operations, poor past performance, breach of Integrity Pact, probity risks, insolvency, or conflict of interest.

Stage 6 – Post-tender negotiations: if rental offer is not market-related, Transnet may negotiate with highest, then 2nd, then 3rd ranked bidder, or cancel.

Stage 7 – Award: Letter of Award issued, then final lease agreement concluded.

Property: Land and building situated on Sub 21 (of 8) Lot 5333, Port of Richards Bay.

Extent: 2014.98 m².

Proposed use: Equipment/clean cargo storage.

Available: Immediately.

Precinct: Bayview.

Lease term: 15 years.

Condition: Leased on an 'as is' (voetstoots) basis, as per Annexure 1 (Lease Plan).

Current status: Vacant; previously used for equipment/clean cargo storage.

Exclusions: Handling and storage of hazardous chemicals, staging of trucks, truck refuelling station, contained handling depot activities. No dust minerals stored in open areas.

Bidder obligations:

• Undertake all necessary refurbishment, repairs, upgrades and capital improvements at own cost to make premises fit for purpose and compliant with laws.
• Beneficial occupation may be considered if motivated in Business Plan and approved by TNPA; bidder liable for all property holding costs during that period.
• Must inspect the property before submitting; TNPA accepts no liability for failure to inspect.
• Must align operations with Port Development Framework Plan (Annexure 7).
• Must address green economy/carbon footprint commitments (waste disposal, recycling, energy conservation).

Evaluation follows a 7-step methodology: administrative responsiveness, substantive responsiveness, functionality/technical (minimum 66.67), final weighted scoring (price + specific goals), objective criteria, post-tender negotiations (if rental not market-related), and award. Stages may run in parallel.

Minimum 2 years' experience in proposed use, with supporting evidence (lease agreement, licence, etc.). Company profile required. Minimum 2 reference letters not older than 5 years. Bank rating not older than 3 months. Business plan must demonstrate financial viability with cashflows signed by a finance professional.

Rental offer must be completed in Section 4: rate per m², monthly rental excl./incl. VAT, escalation rate, annual rental for first 5 years. TNPA verifies calculations. If rental not market-related, Transnet may negotiate with highest, then 2nd, then 3rd ranked bidder, or cancel.

Pricing format: Complete the Rental Offer Summary in Section 4, providing:

• Rate per square metre (excl. VAT)
• Monthly rental offer (excl. VAT and incl. VAT at 15%)
• Escalation rate offer
• Annual rental for each of the first 5 years (12 months each)
• Total excl. VAT, add 15% VAT, total incl. VAT

Notes:

• Annual escalation must be included in the overall rental offer.
• TNPA will verify calculations; verified figures may be used for award.
• If the highest scoring bidder's rental is not market-related, Transnet may negotiate with highest, then 2nd, then 3rd ranked bidder, or cancel the RFP.
• No bid security, bonds, or guarantees are specified in the document.
• No payment terms or retention specified.

CSD registration: Mandatory. Bidders must self-register on the Central Supplier Database before submitting. Business will not be awarded to unregistered bidders. Foreign bidders without a local entity need not register but must incorporate a South African company if awarded.

Tax compliance: Must be tax compliant and provide a SARS Tax Compliance Status (TCS) PIN or certificate. For JVs/consortia/sub-contractors, each party must provide separate TCS/CSD.

B-BBEE: Must submit a valid B-BBEE certificate or sworn affidavit (for EMEs and QSEs) to claim preference points. Specific goals claim form (SBD 6.2) required.

Employment Equity Act: Must comply with the Act, including Section 53.

Security clearance: Successful bidder and personnel may be required to obtain security clearance to CONFIDENTIAL/SECRET/TOP SECRET level, at bidder's cost.

Legal capacity: Must have legal capacity to enter into the lease; not insolvent, under business rescue, or restricted by Transnet or other state institutions.

Foreign bidders: Must have a branch or permanent establishment in RSA, or be liable for tax in RSA; if not, no TCS PIN required.

Joint ventures/consortia: Must submit signed JV/consortium agreement or written confirmation of intent, stating percentage split and responsibilities. Award only after signed agreement submitted.

Integrity Pact: Must comply with Annexure 6; breach may lead to disqualification.

Bidders attending physical briefing and site visit must bring safety vests. Access permits arranged via submission of IDs before 21 October 2026 to [email protected]. Site visit arrangements after briefing via dedicated email.

Bidders must address environmental commitments including waste disposal, recycling, and energy conservation. Annexure 2 is the Environmental Management Plan. Exclusions: no hazardous chemicals, no dust minerals stored in open areas.

Lease term: 15 years. Property leased on 'as is' basis. Bidder must undertake all refurbishment, repairs, upgrades and capital improvements at own cost. Beneficial occupation may be negotiated if motivated in Business Plan and approved by TNPA; bidder liable for holding costs. Any changes to standard lease terms subject to TNPA Legal Counsel review. Transnet may cancel agreement and place bidder on restricted database for up to 10 years for incorrect information. Award may be split or portion awarded at Transnet's discretion. No reimbursement for preparatory costs.

Functionality/technical scoring (minimum 66.67/100) covers: previous experience (10), reference letters (15), bank rating (15), business plan elements – PDFP alignment (10), market analysis (10), value to port (10), capital expenditure plan (10), maintenance plan (10), financial viability (10). Final weighted score: rental offer price 80/90, specific goals 20/10.

The document is a lease agreement template for leasing land and buildings at the Port of Richards Bay for a 15-year period. It outlines the terms and conditions between Transnet National Ports Authority (Lessor) and the Lessee.

Returnable documents:

• Signed lease agreement and all annexures, including Suretyship (Annexure D) and Bank Guarantee (Annexure E) if applicable.
• Completed and signed EFT Application form.
• Business Plan submitted prior to signature, containing financial statements, management details, and operational plans.
• Valid B-BBEE certificate from an authorised verification agency.

Submission method: Not specified in the document.

Bidders must:

• Be a registered legal entity (company or close corporation).
• Have a valid SARS Tax Clearance Certificate (TCS) or tax pin.
• Be registered on the Central Supplier Database (CSD).
• Maintain at least a Level 4 B-BBEE status and submit an annual certificate from an authorised verification agency.
• Submit a Business Plan prior to signature containing financial statements, management details, and operational plans.
• Provide an Initial Deposit or unconditional bank guarantee as specified in Annexure A.
• Complete and sign the EFT Application form.
• Sign the lease agreement and all annexures, including the Suretyship (Annexure D) and Bank Guarantee (Annexure E) if applicable.

Leased Premises: Land and building situated on Sub 21 (of 8) Lot 5333, Port of Richards Bay.

Lease Period: 15 years.

Specified Purpose: As defined in Annexure A; premises may only be used for that purpose without prior written consent of the Lessor.

Use restrictions:

• No residential use or sleeping quarters without consent.
• No storage of explosives, flammable goods, or toxic substances without consent.
• No heavy machinery or safes on floors above ground level without consent.
• No signage without prior written approval.
• No cession, subletting, or occupation by others without consent.
• Must obtain and maintain all necessary licences and permits.
• Must maintain premises in good order and condition at own cost.
• Must report any damage to the Lessor within 24 hours of becoming aware.
• Must maintain at least Level 4 B-BBEE status for the duration of the lease.

Deposit refund conditions:

• After vacating premises.
• After all obligations discharged.
• After take-back inspection.
• Free of interest.

Rental and charges are set out in Annexure A.

Additional charges include:

• Water and electricity fees if supplied by Lessor.
• Sewerage and refuse removal charges.
• Any increases in rates, levies, or taxes.

Electricity supply:

• Lessor may amend rates with 1 month written notice.
• If no meter, Lessee pays pro-rata share of electricity costs.
• Rental may be inclusive of pro-rata share.

Deposit:

• Initial Deposit payable on Signature Date, escalating as per Annexure A.
• Periodic Deposit may be payable at each Rental Review Period.
• Deposit refunded after vacating, after all obligations discharged, and after take-back inspection, free of interest.
• In lieu of cash deposit, an unconditional bank guarantee (Annexure E) valid for the lease term plus at least 6 months after termination.

Rental:

• Payable monthly in advance on or before the first Business Day of each month.
• Increases annually by Escalation Rate as per Annexure A.
• Subject to VAT.

Additional charges:

• Operating Costs (monthly).
• Water and electricity charges if supplied by Lessor.
• Sewerage and refuse removal charges.
• Any increases in rates, levies, or taxes.

Administration Fee: Payable on Signature Date as per Annexure A.

Payment method:

• Electronic funds transfer only; no cash payments.
• Payments free of set-off or deduction.

Insurance:

• Lessee must take out public liability insurance at own cost.
• Lessee must obtain contractors all risk insurance for any improvements.
• Lessee must furnish proof of insurance payments and renewals.

Rental Review:

• Parties meet 6 months before end of each review period.
• If no agreement, a SACPVP-registered valuer determines rental and escalation rate.
• Costs of valuer borne equally.

B-bbee:

• Minimum Level 4 status required for the duration of the lease.
• Annual submission of a valid B-BBEE certificate from an authorised verification agency.
• Must notify Lessor if B-BBEE status drops below Level 4; Lessor may terminate lease.

Other:

• Valid SARS Tax Clearance Certificate (TCS) or tax pin.
• Registration on Central Supplier Database (CSD).
• Registered legal entity (company or close corporation).
• Business Plan required prior to signature.
• Suretyship (Annexure D) and Bank Guarantee (Annexure E) if applicable.

Electrical Installations:

• Lessee responsible for safety, safe use, and maintenance of electrical installations.
• Must procure a valid certificate of compliance.

Emergency Plan:

• Lessor may require a detailed emergency plan.
• Lessee must comply with approved plan and cooperate with any Board of Inquiry.

Access and Safety:

• Lessor's inspectors must comply with Lessee's safety and security stipulations.
• Lessee must inform Lessor of such stipulations.

Use Restrictions:

• No storage of explosives, flammable goods, or toxic substances without consent.
• No residential use or sleeping quarters without consent.
• No heavy machinery on upper floors without consent.

Baseline Study:

• Lessee must procure a baseline study within 3 months of Commencement Date to determine pollution/contamination.
• If contamination exists, Lessor responsible for remedial measures.

Environmental Plan:

• Lessee must provide an environmental management plan immediately after Signature Date.
• Must address pollution prevention, waste management, impact management, and remedial measures.

Site Assessment:

• Lessor may require a comprehensive environmental site assessment at any time.
• Cost borne by Lessee.

Compliance:

• Lessee must comply with all environmental laws and not pollute or contaminate the environment.
• Lessor may exempt Lessee from certain provisions in writing.

Lease Duration: Commences on Commencement Date and subsists for the Lease Period unless terminated earlier.

Business Plan:

• Must be submitted prior to Signature Date if required.
• Must include management details, shareholder information, financial statements, cash flows, and operational plans.
• Used by Lessor to decide whether to enter into the lease and to monitor activities.

Lessor's Policies:

• Lessee must comply with TNPA Regulatory Universe and Lessor's Policies.
• Lessor may amend policies with written notice.
• Failure to implement remedial measures constitutes material breach, with penalty of 50% of monthly rental for each month of breach.

Occupation: Vacant occupation from Commencement Date.

Use of Premises:

• Only for Specified Purpose.
• No residential use, storage of hazardous materials, or heavy machinery without consent.
• Must obtain and maintain all licences.

Maintenance:

• Lessee must keep premises in good order and condition at own cost.
• Must repair damage within 7 days of written notice, otherwise Lessor may do so at Lessee's cost.
• Must report damage within 24 hours.

Insurance:

• Lessor provides insurance for the building.
• Lessee must take out public liability and contractors all risk insurance.
• Failure to insure is a material breach.

Breach and Termination:

• Material breach allows Lessor to claim damages or penalty.
• Termination provisions apply as per clauses 38 and 40.

Indemnity: Lessee indemnifies Lessor against certain claims.

Dispute Resolution: Governed by clause 51.

Governing Law: Laws of the Republic of South Africa.

Whole Agreement: The lease and annexures constitute the entire agreement.