Minutes and De… · Web viewWith 33 Councillors present, 24 Councillors (ANC - 21, IFP – 2 and MOSA - 1) voted in support of the recommendations and 9 DA Councillors voted against

KRR(2020-09-30)(SAM)[CHALL-184095] 2020-10-01

COUNCIL DECISION CIRCULAR : MEETING HELD ON 2020-09-30

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2020-09-30.

Deputy City Managers and Heads are kindly requested to facilitate implementation of the decisions impacting their Clusters and Units within the applicable timeframes.

Kindly note that the word "ADOPTED" marked in bold at the end of the recommendation confirms that the item has been approved by Council and is ready for implementation. Other relevant status will be reflected at the end of the recommendation to indicate the position taken by Council on a particular item.

Should further information be required on any item on the Council agenda, kindly contact Vishnu Ramsunder on Telephone No.(031) 311-2371 or through email.

- 2 - (eThekwini MunicipalityCouncil Decisions - 2020-09-30)

1. FIRST REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2020-09-22

_____________

1. REPORT OF THE GOVERNANCE & HUMAN RESOURCES COMMITTEE: MEETING HELD 2020-09-09

(Page R1)

1.1 Request for Authority to Enter into Partnership Agreement with Private Sector and Other Willing Parties for Implementation of Artisan Development Programme:(Page 19: Governance and Human Resources Committee - Agenda 2020-09-09)

In providing a rationale for the proposal, it was advised that the main objective for the request was to address skills shortage since the Unit had identified Artisan development as an area for possible improvement in fields such as Mechanic Air-conditioning & Refrigeration, Boiler making, Welding, Motor Mechanic, Fitting & Turning, Electrical, Plumbing, Bricklaying and Carpentry.

COMMITTEE RECOMMENDS:

1.1.1 That authority be granted to the Chief Learning Officer: eThekwini Municipal Academy to facilitate and enter into a partnership through a Memorandum of Agreement with willing external & independent stakeholders to place and mentor learners, it being recorded that the new agreement will continue the relations with existing partners and explore new partnerships in line with the National Skills Development Strategy.

1.1.2 That subject to the adoption of .1 above, the Chief Learning Officer: eThekwini Municipal Academy continue to implement and monitor the project and keep the Committee updated about the progress made in the development of Artisans.ADOPTED.

1.2 Uniform Allowance: Occupational Health and Safety Unit:(Page 21: Governance and Human Resources Committee - Agenda 2020-09-09)

In providing background on the matter, it was advised the request was to seek a once off to-up uniform allowance of R500.00 for twenty six (26) beneficiaries with effect from September 2020. In addition, to further request uniform allowance of R2 100.00 effective from the 2021/2022 financial year per person per annum. It was advised that the proposal had been benchmarked with other organisations and it was discovered that the uniform allowance given to Council employees was nominal.

With the Committee being in support of the proposal,


1.2.1 That authority be granted to the Head: Occupational Health & Safety to implement a once-off top-up Uniform Allowance of R500.00 (Five Hundred Rand) per beneficiary for 2019/2020 financial year, pending approval via the adjustment budget.


1.2.2 That authority be granted to the Head: Occupational Health & Safety to increasethe annual uniform allowance for eligible Occupational Health and Safety nursing staff to R2 100.00 (Two Thousand One Hundred Rand) per person per annum, effective from the 2021/2022 financial year.ADOPTED.

1.3 Organisation and Establishment of Internal Control and Business Systems Department: Finance Cluster:(Page 96: Governance and Human Resources Committee - Agenda 2020-09-09)


1.3.1 That the recommended organisation and establishment of the Internal Control and Business Systems Unit as reflected in Annexure “A” of the report by the Head: Organizational Development and Change Management dated 2020-06-20, be approved.

1.3.2 That authority be granted to the Head: Organizational Development and Change Management to implement the recommended organisation and establishment of Internal Control and Business Systems Unit to be done in phases over a period of three (3) fiscal years.

1.3.3 That it be noted that the cost implications for the organisation and establishment of the Internal Control and Business Systems Unit have been provisionally calculated using the median of the salary scales of the envisaged TASK Grade of the posts, subject to the grading process by the Compensation Management Branch and that all new and amended posts will be subjected to the grading process in order to be given a correct TASK Grade.

1.3.4 That it be noted that the implementation of the recommendations of organisation and establishment of Internal Control and Business Systems Unit will require an additional expenditure of R5 048 335.00 (Five Million and Forty-Eight Thousand Three Hundred and Thirty Five Rand).

1.3.5 That it be noted that the pre-approval of the organization and establishment of the Internal Control and Business Systems (ICBS) Department, is in line with the Institutional Review Framework acceded to by the Municipal Council on 31 July 2012. ADOPTED.

2. REPORT OF THE FINANCE, SECURITY & EMERGENCY COMMITTEE: MEETING HELD 2020-09-17

(Page R3)

2.1 Budget Statement Report for the Month Ended 31 July 2020 (7/1/4):(Page 19: Finance, Security & Emergency Committee - Agenda 2020-09-17)

It was noted that at the Finance, Security and Emergency Services Committee meeting, the above-said Budget Statement Report was elaborated on in-depth and clarity was provided to various questions raised.


Thereafter,


2.1.1 That the Budget Statement report for the month ended 2020-07-31, submitted by the Acting City Manager as per his report dated 2020-08-14, in compliance with Section 71 of the Municipal Finance Management Act (MFMA) No. 56 of 2003 and, in terms of Government Notice 32141 dated 17 April 2009, relating to the “Local Government: MFMA, the Municipal Budget and Reporting Regulations”, be noted.

2.1.2 That in order to be apprised on the status of meter readings within the eThekwini Area, the Head: Water and Sanitation and the Head: Electricity be requested to provide respective detailed reports thereon to a future meeting of the Finance, Security and Emergency Services Committee.Recommendation 2.1.1 NOTED and Recommendation 2.1.2 ADOPTED.

2.2 Public Tender Awards Inclusive of Section 36 Awards of eThekwini Municipality for the Month of July 2020 (9/1/3):(Page 194: Finance, Security & Emergency Committee - Agenda 2020-09-17)

It was noted that at the Finance, Security and Emergency Services Committee meeting the public tender awards for July and August were considered in conjunction with each other and clarity was provided to issues that were raised in the report.

Further, the Committee noted with concern the low number of tender awards granted to local communities, women, youth, people with disability and military veterans which failed to meet the prescripts of the PPPFA. It was proposed that a suitable recommendation to enable such groups to be considered be submitted to the Executive Committee and Council for consideration. In this regard Members of the DA were not in support of such recommendation.

With 33 Councillors present, 24 Councillors (ANC - 21, IFP – 2 and MOSA - 1) voted in support of the recommendations and 9 DA Councillors voted against recommendation 2.2.6.

At the Executive Committee level, the Executive Committee Member MS Nkosi abstained to enable his Caucus to consider the matter in the first instance.

Thereafter


2.2.1 That the public tender awards by the City for the month of July 2020, inclusive of awards made in terms of Section 36 of the Supply Chain Management Regulations, as contained in the report by the Acting City Manager dated 2020-08-17, be noted.

2.2.2 That it be noted that where information is available for Wards and registration numbers, it is included in the report, as information used to compile the report is taken from submissions made by the Units.


2.2.3 That the Finance, Security and Emergency Services Committee calls for additional information on individual awards, where it deems appropriate and necessary to play its oversight role.

2.2.4 That the City Manager reserves the right to investigate the awards with a view to taking disciplinary, criminal and recovery actions where wilful and negligent violation of Supply Chain Management Policies and Municipal Finance Management Act provisions are observed.

2.2.5 That the City Manager shall table a report to the Committee relative to the disciplinary, criminal and recovery actions taken, it being recorded that the City Manager can only respond when the reports are available.

2.2.6 That in an endeavour to ensure that Women, Youth, Local Communities, Military Veterans and People with Disability who are failing to meet the prescripts of the PPPFA to benefit from tenders emanating from the eThekwini Municipality, the procurement plans and Radical Economic Transformation Strategy, for all tenders, set clear targets for these groups in order for the prequalifying criteria of all tenders to be stated up front and this must be included as a requirement in the budget approval process for the 2021/2022 financial year.Recommendations 2.2.1 and 2.2.2 NOTED and Recommendations 2.2.3, 2.2.4 and 2.2.5 ADOPTED. Recommendation 2.2.6 ADOPTED by the majority vote.

2.3 Request to MEC: COGTA for Extension of Validation Period of Current eThekwini Valuation Roll (17/1/1):(Page 252: Finance, Security & Emergency Committee - Agenda 2020-09-17)

At the Finance, Security and Emergency Services Committee meeting the nine (09)DA Councillors dissented on the contention that such extension would impact negatively on the Municipality.

At the Executive Committee level, the three (03) Executive Committee Members of the DA dissented and the one (01) IFP Member abstained to enable his Caucus to consider same in the first instance.

With eight (08) Members present, four (04) ANC Members voted in favour and three (03) DA Members voted against. One (01) IFP abstained from voting.

With there being equality of votes at 04, the Acting Chairperson exercised her casting vote. Thereafter, by the majority vote,


That Council requests the Honourable MEC for Co-operative Governance and Traditional Affairs to extend the validity period of the 2017 general valuation roll from four (4) years to five (5) years, to expire on June 2022, in terms of Section 32(2)(b) of the Municipal Property Rates Act, No. 6 of 2004, as amended (MPRA).Recommendations REFERRED to Human Settlements and Infrastructure Committee, by the majority vote, for consideration.

2.4 Implementation of eThekwini Municipality Integrated Safer City Project (28/1/1/1):(Page 261: Finance, Security & Emergency Committee - Agenda 2020-09-17)


The Finance, Security and Emergency Committee, having received a presentation in the above regard, noted with appreciation the steps being embarked upon, together with the various spheres of Government, for the implementation of an Integrated Safer City Concept in the eThekwini Municipality during the next two financial years.

With the Executive Committee being in agreement


2.4.1 That the steps being taken for the implementation of the Integrated Safer City Project within the eThekwini Municipality during the next two years, be noted.

2.4.2 That Council grants authority for the respective Units to reprioritize their budget and resources, to enable the various activities within the project deliverables to be carried out in the next two (2) financial years.

2.4.3 That Council grants authority for the appointment of the recommended accountable person per project deliverable to lead that particular sub-project to ensure successful completion.

2.4.4 That Council grants authority for City officials to be seconded to work full time on the various activities within the project deliverables.

2.4.5 That authority be granted for the City Manager to sign all Memorandum of Agreements/Understanding and related communiques linked to the success of this project.

Financial Implications:

The estimated costs for the successful implementation of the Safer Cities Project Plan is depicted in Table 1, which is based on a two (2) year implementation plan. The approximate approved budgets for deliverables for Year 1 is depicted in Table 2.

The funding sources for this project are mainly SAPS and eThekwini Municipality however, other government departments and business partners will also contribute to the project.

TABLE 1: Breakdown of Project Cost Per Deliverable

Objective Short description

Breakdown per Deliverable

1 2 3 4 5 6 7 8 9 TOTAL

Crime reduction R0.00 R950 000 R922 000 R1 872 000

Feeling of safety R500 000 R816 000 R350 000 R0.00 R1 666 000

Economic Growth R0.00 R500 000 R1 600 000

R2 100 000

Governance Improvement

R0.00 R0.00 R0.00 R0.00 R0.00


Objective Short description

Breakdown per Deliverable

1 2 3 4 5 6 7 8 9 TOTAL

Capacity Building R2 000 000 R0.00 R2 000 000

Technological infrastructure

R12 850 000

R8 570 000

R800 000 R120 000 000

R308 500 000

R835 000

R25 000 000

R4 000 000

R500 000 R481 055 000

GROSS TOTAL R488 193 000

TABLE 2: Approved Capital Budget for 2020/2021

SAPS Approved Capital Budget R52 000 000.00

eThekwini Municipality Year 1

Disaster Management & Emergency Control

EThekwini Transport Authority

Information Management Unit

Capital Budget

R8 000 000.00

R25 000 000.00

R3 000 000.00

ADOPTED.

2.5 Addendum – Recommendations to Fund Homeless Shelters (28/1/4 & 22/8/2):(Page 272: Finance, Security & Emergency Committee - Agenda 2020-09-17)

The Committee previously considered and noted a report by the Acting City Manager dated 2020-06-24, relative to Update on Homeless Shelters in eThekwini.However, approval of an addendum has become necessary to incorporate the funding aspect.

Accordingly,


2.5.1 That the programme for the homeless be supported, it being noted that the costs have been rationalized and reduced from R66 Million in 2019/2020 to R20 Million in the 2020/2021 financial year.

2.5.2 That the 2020/2021 budget as per the table below, including contingencies in the report of the Head: Safer Cities dated 2020-08-07, be supported.

SAFER CITIES – HOMELESS PEOPLE SHELTERS PROPOSED BUDGET

2020/2021

Proposed Budget

2020/2021

No. Operating Budget Description Cluster Department RM

1 Soup Kitchens – catering CES Safer Cities 5 952 000

2 Site Cleaning Services CES Safer Cities 960 000

3 Portable Toilets Hire Charges CES Safer Cities 2 529 600

4 Showers Hire Charges CES Safer Cities 2 529 600


SAFER CITIES – HOMELESS PEOPLE SHELTERS PROPOSED BUDGET

Proposed Budget

2020/2021

No. Operating Budget Description Cluster Department RM

5 Stores Issues (toilets paper, refuse bags, soap, sanitizers)

CES Safer Cities 1 440 000

6 Security – External CES Safer Cities 2 544 000

7 Electricity CES Safer Cities 504 800

8 Water CES Safer Cities 540 000

9 Contingencies 3 000 000

20 000 000

SUMMARYDESCRIPTION

BUDGET YEAR 2020/21RM

Other Materials (Consumable Stores) 1 556 960

Contracted Services 16 643 040

Charges 1 800 000

Total Operating Expenditure 20 000 000

Site Name No. of Toilets No. of Residents No. of Tents

1 Block AK 2 127 4

2 Drive Inn 6 345 16

3 Jewish Club 4 144 5

4 Albert Park 2 64 4

5 Isipingo 2 37 2

6 Strollers 0 76 0

7 Pinetown 4 100 4

TOTAL 20 893 35

Notes: 1. The following two sites will be closed and people residing here will be relocated1.1 Phoenix – people relocated to Old Drive-Inn Site (ODI)1.2 Isipingo – People will be relocated to Albert Park2. Proposed use of soup kitchen

2.5.3 That subject to the adoption of .2 above, Urban Settlements Development Grant (USDG) funding be considered and be prioritized to meet the costs.

2.5.4 That the procurement of all goods and services follow the Supply Chain Management Policy as adopted by Council on 2019-06-27.WITHDRAWN, by the majority vote.

2.6 Grant Funding for City People (NPC) and Memorandum of Agreement to Reduce Homelessness and Related Social Ills in eThekwini (28/1/4 & 22/8/2):(Page 285: Finance, Security & Emergency Committee - Agenda 2020-09-17)


2.6.1 That the three (03) Year Business Plan for City People eThekwini NPC (2020-2023) to undertake programmes linked to homelessness and related social ills, as per attached Annexure A to the report of the Head: Safer Cities dated 2020-07-27, be approved.


2.6.2 That subject to the adopted of .1 above, authority be granted for the Deputy City Manager: Finance to identify and allocate funding to the Special Purpose Vehicle called City People eThekwini NPC of R6 Million and the R500 000.00 (Five Hundred Thousand Rand) identified from savings within 2020/2021 CES Cluster budget.

2.6.3 That subject to the adopted of .1 and .2 above, authority be granted to the City Manager to enter into a three (03) year Memorandum of Agreement (MOA) in terms of Section 67 of the Municipal Finance Management Act, between the eThekwini Municipality and the City People eThekwini (CPE) NPC for the three year period from the date of signature to transfer and manage funds for the City funded programmes to address homelessness and related social ills, as outlined in the 03-year Business Plan in the report of the Head: Safer Cities dated 2020-07-27.

Financial Implications:The seed funding to implement the programmes and projects as per the attached business plan in the report of the Head: Safer Cities dated 2020-07-27 will be allocated as follow:

Financial Year Amount2020/2021 R2 200 000.002021/2022 R2 150 000.002022/2023 R2 150 000.00

In the event of the building or property leased to the City People eThekwini NPC, the municipality will take responsibility for maintenance and repairs.

WITHDRAWN, by the majority vote.2.7 Update Report on Disaster Management Preparedness and Response Project

(29/2/3/1):(Page 323: Finance, Security & Emergency Committee - Agenda 2020-09-17)


2.7.1 That the report related to Disaster Management Preparedness and Response project which is undertaken using Lessons Learned Exercise (LLE) in partnership with National Treasury - City Support Programme and the World Bank, be noted.

2.7.2 That the engagement of political leadership as part of the Lessons Learned Exercise, be approved.

2.7.3 That the provision of future progress reports including the Lessons Learned Exercise outcome report at the end of the project, be noted.Recommendations 2.7.1 and 2.7.3 NOTED and Recommendation 2.7.2 ADOPTED.

3. REPORT OF THE ECONOMIC DEVELOPMENT & PLANNING COMMITTEE: MEETING HELD 2020-09-17(Page R8)

3.1 Tourism Investment Africa 360 (TIA 360) Programme 2020/2021(20/1/4/3):(Page 1: Economic Development and Planning Committee - Agenda 2020-09-17)

Authority is being sought to partner financially and operationally with Tourism Investment Africa 360 Programme Partnership 2020/2021, as part of the eThekwini Economic Recovery Plan, and in so doing, to promote Durban as Africa’s premier investment destination, specifically for tourism asset development of both a retention and expansion nature, and new foreign direct investment.


The TIA 360 partnership is a business led, public sector partnered platform to leverage off each other’s strengths and network opportunities and provides a platform for creative and elaborative solutions that addresses business retention of existing foreign direct investment, and local businesses in the value chains thereof.

In view of the foregoing,


3.1.1 That authority be granted to the City Manager to enter into a Memorandum of Agreement on behalf of the eThekwini Municipality for the Tourism Investment Africa 360 (TIA360) Program Partnership & Summit 2020/2021, it being recorded that this initiative aims to promote Durban as Africa’s premier investment destination for tourism asset development.

3.1.2 That subject to Council approval and a contractually signed conclusion outlined in .1 above, authority be granted to the Head: Invest Durban to disburse fundsto the amount of R2 500 000.00 (Two Million Five Hundred Thousand Rand) in the 2020/2021 financial year towards a joint Program Partnership and venue costs, in accordance with Section 67 of the Local Government: Municipal Finance Management Act No. 56 of 2003.

3.1.3 That outcome report on the implementation of programme be tabled to Council as the 2020/2021 Mid-Year Budget milestone.


Vote Number Amount Financial Year91000.16315.12120.0000.MRC01.0010 R2 500 000.00 2020/2021

FC Number : 2021/18/CA15ADOPTED.

3.2 Request to Authorise City’s Own Accommodation Bookings to be Directed to Small Business Accommodation Sector (20/1/4/3):(Page 5: Economic Development and Planning Committee - Agenda 2020-09-17)

The eThekwini Tourism Recovery Plan includes Tourism as a priority sector and, as part of re-starting the sector, there has been commitment to assist small businesses to get back on their feet as a mitigation strategy towards tourism businesses.

The Durban Tourism Recovery Plan, which is aligned to the eThekwini Economic Recovery Plan indicates a set of strategic interventions to mitigate the dismal situation that tourism is currently experiencing, with COVID 19 having affected, and still affecting the SMME accommodation sector.

Small business in the accommodation sector such as Bed and Breakfast, Guest Houses, Guest Lodges, as well as self-catering units who are in financial crisis are considering closing down their accommodation, which will in turn affect the spend, contribution to the City’s GDP, government taxes, and it being noted that the unemployment rate will increase drastically.


Therefore, in keeping with one of the pillars of the City’s approved Economic Recovery Plan to start the tourism sector,


3.2.1 That the impact of COVID-19 on Tourism sector be noted and that the interventions to support the economic stability of the small business accommodation sector during and beyond the COVID-19 pandemic, as outlined in the report by the City Manager dated 2020-08-03, be approved.

3.2.2 That Council grants authority to redirect all City’s inbound business travel accommodation bookings to Durban small business accommodation establishments as part of the City’s COVID-19 Economic Recovery Plan and commitment to assisting small businesses during and beyond the COVID-19 pandemic.

3.2.3 That authority be granted to the City Manager to ensure implementation of .2 above, as part of the City’s travel policy and standard operating procedure to support small accommodation businesses, in line with the COVID-19 Economic Recovery Plan as soon as business travel is permitted within the COVID-19 regulations.ADOPTED.

3.3 Application in Terms of Section 46 of the eThekwini Municipality’s Planning and Land Use Management By-Law (Municipal Notice 114 of 2017) for the Amendment of the Inner West Scheme : Section 7 : Development Facilitation Table : Special Zone 24 by Increasing the Height from 3 Storeys to 6 Storeys, the Coverage from 50% to 80% and the Floor Area Ratio (Far) from 0.5 to 0.9 in Order to Allow for the Development of the Proposed South African Police Service Forensic Science Laboratory for the Public Works Department on Remainder of Erf 2528 and Remainder of Erf 2532 Both of Pinetown Situated at No. 48 and 52 Bamboo Lane (21/7/6):(Page 27: Economic Development and Planning Committee - Agenda 2020-09-17)


3.3.1 That in terms of Section 26(1) of the eThekwini Municipality Planning and Land Use Management By-law 2016 (Municipal Notice 114 of 2017) the application for the amendment of the Inner West Scheme Section 7 of the Development Facilitation Table : Special Zone 24 : Erf 32106 Pinetown – Forensic Laboratory on Remainder of Erf 2528 and the Remainder of Erf 2532 Pinetown situated at 48 and 52 Bamboo Lane, by:

1. Increasing the height from 3 storeys to 6 storeys.2. The coverage from 50% to 80%;3. The floor area ratio from 0.5 to 0.9

be APPROVED for the following reasons:

3.3.1.1 The proposed amendment of the Inner West Scheme Section 7 of the Development Facilitation Table of Special Zone 24 is appropriate and meets the development principles set out in the current planning legislation and guidelines. The proposed bulk increase of development rights will enable a world class forensic science laboratory to be developed while adding value to the mixed use developments in the area.


3.3.1.2 The proposed design and layout of the forensic science laboratory facility is based on best practice and iinternational standards for such facilities in order to minimise the visual impact while taking into consideration safety and operational factors.

3.3.1.3 The proposed forensic science laboratory is a much needed facility to enable the South African Police Services 9SAPS) to effectively investigate crime and facilitate prosecution in the KZN region.

3.3.1.4 The proposed development is a National priority and aligns with the strategic intentions of the Province’s Integrated Development Plan (IDP), the eThekwini Municipality’s broader plans, including the Spatial Development Framework (SDF), and the Greater Pinetown Local area which identified the location as the Urban Investment Node.

3.3.1.5 A number of positive socio-economic impacts and interventions have been identified as a result of the development proposal, not least being the need for SAPS to offer forensic evidence in criminal cases that is of the highest standard with a much quicker turn around to assist state prosecutors; and

3.3.1.6 That the Inner West Scheme be amended to reflect the amended Development Facilitation (Zone: Special Zone 24: Erf 32106, Pinetown Forensic Laboratory), as outlined in the report by the City Manager dated 2020-08-13.ADOPTED.

3.4 Advertising Control Maps (21/13/8):(Page 45: Economic Development and Planning Committee - Agenda 2020-09-17)

Authority is being sought to allow for public comment on the proposed draft amendments to the Advertising Control Maps for the General Advertising Branch.

The South African Manual for Outdoor Advertising Control (SAMOAC) has thus far been used as a guide for planning and management of outdoor advertising, as well as the old Chapter IV of Building By-laws to regulate and control the outdoor advertising signs within the eThekwini Municipality.

The By-laws were last updated in 1987 with the advertising control maps where specific signs were approved in different areas of control. The eThekwini Municipality Outdoor Advertising By-law was gazetted on 2019-07-04, and in compliance with Sections 18 (a) and (b), it is required that a draft Advertising Control map be compiled, and that a notice be published informing the public that draft map is available for inspection, comment and objection.

In view of the foregoing, to and to ensure compliance,


3.4.1 That authority be granted to the Deputy City Manager: Economic Development and Planning to publish the draft advertising control maps for public comment, it being recorded that the amended by-laws accommodates Radical Economic Transformation and provides an opportunity for small businesses to advertise on Council-owned property.


3.4.2 That a notice published informing the Public that the draft Advertising Control Map be made available for inspection and comments.

3.4.3 That once the comment period has closed and the comments and objections are considered, a report be submitted to the Economic Development and Planning Committee for the adoption of the Advertising Control Maps, in terms of the Outdoor Advertising By-law. ADOPTED, by the majority vote.

3.5 Mall Development Strategy (20/1/7/1)(Page 54: Economic Development and Planning Committee - Agenda 2020-09-17)

Authority is being sought for the implementation of the Mall Development Strategy which is aimed at managing and co-ordinating the Local Economic Growth and Development Interventions, in partnership with various stakeholders, to plan, implement and support eThekwini Municipality businesses, with the aim of improving participation of the community in mall development projects.

The Strategy will provide information on matters relating to challenges, solutions, and possible interventions/programmes that will encourage local participation whenever mall development is undertaken, in order to promote capacity, equity ownership, skills development, sustainability and performance of business entities preference given to mall development projects.

Having noted that the draft Strategy was presented and circulated to stakeholders for input (eThekwini Municipality War Room, Property Developers and experts of industry)

At the Committee level, the Democratic Alliance abstained with respect to recommendation 3.5.2.

With the Executive Committee being in agreement,


3.5.1 That the progress made to date be noted and that the Mall Development Strategy which is aimed at developing small local companies within eThekwini Municipality, be affirmed.

3.5.2 That the Deputy City Manager (Economic Development) and Head: Business Support, Tourism and Marketing be granted authority to implement the Mall Development Strategy and keep the Economic Development and Planning Committee appraised about the programme on an ongoing basis.ADOPTED, by the majority vote.


3.6 Development of Giant Ferris Wheel Referred to as Durban Eye Along the Harbour Entrance to form part of Point Waterfront Precinct (21/14/2) (Page 88: Economic Development and Planning Committee - Supplementary Agenda 2020-09-17)

Authority is being sought in terms of section 110(2) of the Municipal Finance Management Act for the leasing of portion of land from Transnet SOC for purpose of entering into a sublease agreement with a private sector operator for the sole purpose of developing and operating a Ferris wheel with associated offerings.

The strategic objective of the project is to facilitate investment in excess of R450 million into the Point Waterfront which will both enhance the point precinct offering and complement the recently opened point promenade by developing a giant Ferris wheel in order to facilitate such an investment the office of the economic development and planning cluster together with the Real Estate Department have identified the suitable land parcel to locate the proposed Ferris Durban “Durban Eye” Wheel.

Having noted that the aim is to award the preferred investor/Consortium development rights by November 2020 and have the Ferris Wheel operational by March 2021.

With the Democratic Alliance abstaining,


3.6.1 That authority be granted in terms of Section 110(2) of the Municipal Finance Management Act, for the proposed lease of a portion of land owned by Transnet National Ports Authority (TNPA) for an amount to be negotiated between the two parties based on nominal values

3.6.2 That subject to .1 above, the Head: Real Estate be authorised to negotiate and conclude a long lease over the said property with Transnet SOC

3.6.3 That approval be granted based on Regulation 34(1)(b) of the Municipal Asset Transfer Regulations for subleasing of the site once the lease has been concluded with Transnet, for a period of 30 years, for the sole purpose of developing and operating a Ferris Wheel with associated offerings.

3.6.4 That subject to .3 above, the Head: Real Estate be authorised to give effect to this transaction in terms of the Supply Chain Management Policy and the eThekwini Land Disposal Policy, as approved by Council in December 2019.

3.6.5 That the Deputy City Manager (Economic Development and Planning) be authorised to beautify the surrounding site area for recreational purposes with savings identified in the 2020/2021 financial year.ADOPTED.


3.7 Centrum Precincts 8, 9 and 10: Proposed SA 850 Over Proposed Remainder of Erf 11713 and Remainder of Erf 11714 Both Durban (17/2/1/2/P): (Page 93: Economic Development and Planning Committee - Supplementary Agenda 2020-09-17)

The Centrum, Gugu Dlamini precinct is identified as a high impact catalytic project under plan 2 of the IDP, which relates to developing a prosperous diverse economy and employment creation. A land clearance process now needs to be undertaken to make the site available for a public private partnership development as the public and private sectors will be making a joint Investment in a project.

Development of the site will unlock investment for the Municipality as well as provide a civic node that is diverse, inclusive and demands a socially appropriate response. Currently the site is in high demand due to its strategic location within the City and has been identified as the heart of the precinct, and the fulcrum site between the old and new town centres.

It has therefore become necessary for an integrated development framework to be prepared for the centrum which will safeguard and enhance the public amenities it offers while shaping development opportunities which are appropriate and responsive to the needs of business and property developers the nature of the potential development is such, that it is expected to be a catalyst for future growth and development within the inner city and will stimulate further investment into retail, commercial and residential development.

Having noted that co-ordinated, inclusive long-term term planning and public sector investment into key infrastructure will ensure that both public and private sector investment follows,


3.7.1 That the fair market value of the asset to be alienated exceeds R10 Million, the Accounting Officer be authorised to conduct a Public participation Process as envisaged in terms of Regulations 5(1)(a) together with 5(3)(b) and Regulation 34(1)(a) together with 34(3)(b) of the Municipal Asset Transfer Regulations,of the Municipal Finance Management Act, 2003, for the alienation (by sale/lease) of capital assets depicted on the hand plans SH9935,SJ4730/5 and SJ4731/6:

(a) Proposed Erf (A) being a consolidation of Portion 1,2 and Remainder all of Erf 11713 Durban

(b) Proposed Portion (A) of Erf 11713 Durban

(c) Proposed Site SA 850 over Remainder of Erf 11713 and Remainder of Erf 11714 both Durban

3.7.2 That the above process be conducted in accordance with the provision of the above regulations including:

(a) inviting the local community and other interested parties to submit comments or representations,


(b) solicit views and recommendation of the National Treasury and the Provincial Treasury on the matter;

(c) Comply with Section 21 of the Municipal Systems Act by publishing the notification through the media, in a local newspaper(s) published in the area of Jurisdiction of the Municipality, in a newspaper(s) circulating in its area of jurisdiction and determined by the Municipality as a newspaper record, or by means of radio broadcasts covering the area of jurisdiction of the Municipality.

3.7.3 That the following conditions for the proposed alienation be communicated as part of the Public Participation Process

(a) That the property be developed as a mixed-use development focused on meeting the broad objectives of the eThekwini Inner City Local Area Plan as well as the Centrum Urban Design Framework, taking into account amongst other, the following:

Connectivity with transport facilities Integration with municipal offices Integration with ICC and Durban Exhibition Centre Basement parking Redevelopment of Gugu Dlamini square Enhance city’s arts and cultural precinct

3.7.4 That the Accounting officer submit a report within 60 days of the conclusion of the above Public Participation Process, advising whether the capital asset is needed to provide a minimum level services, as well as the fair market value of the asset and the economic and community value to be in exchange for the capital asset.ADOPTED.

3.8 Virginia Airport Redevelopment: Remainder of Erven 3139 and 3193 Both Durban North (21/14/1):(Page 113: Economic Development and Planning Committee - Agenda 2020-09-17)

The Virginia Airport site has been identified as a catalytic project under Plan 2 of the IDP, which relates to developing a prosperous, diverse economy and employment creation.

The process seeks to undertake the necessary public participation process in the alternative development scenario of the site given that the city is no longer benefitting much from the airport asset base and considering the declining rates base and investment climate in the city.

It is therefore necessary to ensure the redevelopment of Virginia Airport to a high yielding public used asset and thus create economic opportunities for the city.


3.8.1 That the fair market value of the asset to be alienated exceeds R10 Million, the Accounting Officer be authorised to conduct a Public participation Process as envisaged in terms of Regulations 5(1)(a) together with 5(3)(b) and Regulation 34(1)(a) together with 34(3)(b) of the Municipal Asset Transfer Regulations, of the Municipal Finance Management Act, 2003, for the alienation (by sale/lease) or Erven 3139 and 3193 both of Durban North.


3.8.2 That the above process be conducted in accordance with the provision of the above regulations including:

(a) inviting the local community and other interested parties to submit comments or representations,

(b) solicit views and recommendation of the National Treasury and the Provincial Treasury on the matter;

(c) Comply with Section 21 of the Municipal Systems Act by publishing the notification through the media, in a local newspaper(s) published in the area of Jurisdiction of the Municipality, in a newspaper(s) circulating in its area of jurisdiction and determined by the Municipality as a newspaper record, or by means of radio broadcasts covering the are of jurisdiction of the Municipality.

3.8.3 That the following conditions for the proposed alienation be communicated as part of the Public Participation Process

(a) That the property be developed as a mixed-use development focused on meeting the broad objectives of the eThekwini Spatial Development Framework and taking into account the following:

Land uses covering commercial retail, residential, sports and recreation

A luxurious precinct with residential units and supporting retail, tourism accommodation and leisure activities.

A luxurious tourist destination with all the urban amenities Integration of international event hosting such as auto racing and

motor shows Enhance positioning of the municipality as a port and ocean city A vibrant 24-hour city node along the M4 corridor integrated with the

Inner City

3.8.4 That the Accounting officer submit a report within 60 days of the conclusion of the above Public Participation Process, advising whether the capital asset is needed to provide a minimum level services, as well as the fair market value of the asset and the economic and community value to be in exchange for the capital asset.ADOPTED, by the majority vote.

3.9 New Buildings Programme - New Buildings: Green Policy (32/2/2):(Page 127: Economic Development and Planning Committee - Supplementary Agenda 2020-09-17)

Authority is being sought for the eThekwini Municipality to begin public consultation for the “New Buildings: Green Policy”, which was work-shopped with Members of the Economic Development and Planning Committee.

The Policy is in keeping with Plan 1 of the IDP to develop and sustain the spatial, natural and built environment, and the Spatial Development Plan. In addition, the National Development Plan has a strategic target of implementing carbon neutral standards on new buildings by 2030.


Furthermore, the application is in line with the Durban Climate Change Strategy which states that energy efficiency initiatives need to be facilitated in Durban.


3.9.1 That the eThekwini Energy Office be authorised to begin consultation with external stakeholders for the New Buildings: Green Policy.

3.9.2 That the Energy Office report back to the Economic Development and Planning Committee on the outcome of the consultation sessions, and table a final policy for adoption.ADOPTED.

4. AUTHORITY TO APPOINT HEAD: CLEANSING & SOLID WASTE AS WASTE MANAGEMENT OFFICER

(Page 43)

It was noted that in the 2018/19 financial year the Auditor-General had raised a finding that the Head: Cleansing and Solid Waste had not been formally appointed as a Waste Management Officer in terms of Section 10 (5) of the Waste Management Act 59 of 2008.

With it being clarified that such appointment needed to be made in terms of the Waste Management Act 59 of 2008 and not the Municipal Structures Act, 1998 (Act No, 117 of 1998) as indicated in the agenda report,


That authority be granted for the Accounting Officer to appoint the Head of the Cleansing Waste Unit as the Waste Management Officer for the City in terms of Section 10 (5) of the Waste Management Act 59 of 2008.ADOPTED.

5. REQUEST TO UTILISE SECTION 116(3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT TO EXTEND CONTRACT AUTHORITY FOR PSC 2015/007: CONSTRUCTION AND SUPERVISION OF MAGABHENI HIGH LEVEL RESERVOIR AND ANCILLARY WORKS: WARD 99 (23/1/11/3/1)

(Page 95)

The Committee noted that the extension of the contract for the construction and supervision of Magabheni High Level Reservoir and Ancillary Works in Ward 9 was attributed to the severe shrinkage cracks forming throughout the roof slab thereat during construction which had caused a delay. This delay had therefore affected construction supervision time and costs.

The DA expressed concern making the point that costs should be recovered from the Contractor and penalties should be charged. It was felt that a greater degree of accountability and liability needed to be imposed. It was clarified that action


had been taken with the Contractor, penalties had been charged and the issues had been rectified.

Consequently, with the three (03) Executive Committee Members of the DA dissenting and with four (04) Executive Committee Members of the ANC and one (01) Executive Committee Member of the IFP being in support, by the majority vote,


5.1 That for the reasons stated in the report of the Head: Water and Sanitation (WS2020/075) dated 2020-05-08, Council notes the reasons for the proposed amendment of Contract PSC 2015/007 for the Professional Services for the Design & Construction Supervision of Magabheni High Level Reservoir awarded to Naidu Consulting, by increasing the contract value by R682 614.98 (Six Hundred and Eighty Two Thousand Six Hundred and Fourteen Rands and Ninety Eight Cents) excluding VAT, in accordance with the requirements of Section 116 (3) of the Municipal Finance Management Act, read with Section 55 of the Supply Chain Management Policy.

5.2 That the increase of the financial authority value by R682 614.98 (Six Hundred and Eighty Two Thousand Six Hundred and Fourteen Rands and Ninety Eight Cents) excluding VAT (26% of the current approved contract value) from R2 614 861.60 (Two Million Six Hundred and Fourteen Thousand Eight Hundred and Sixty One Rand and Sixty Cents) excluding VAT to R3 297 476.58 (Three Million Two Hundred and Ninety Seven Thousand Four Hundred and Seventy Six Rands and Fifty Eight Cents) excluding VAT for the Design & Construction Supervision of Magabheni Hight Level Reservoir awarded to Naidu Consulting.

5.3 That an advert shall be placed in the press giving reasonable notice to the local community and the public of the proposed amendment and inviting them to submit representations to the Municipality; and

5.4 That subject to the adoption of the above, and upon receipt of comments from and the views of the public, the matter be placed before the Bid Adjudication Committee and Accounting Officer for approval of the amendment of Contract PSC 2015/007 by increasing contract value by an amount of R682 614.98 (Six Hundred and Eighty Two Thousand Six Hundred and Fourteen Rands and Ninety Eight Cents) excluding VAT awarded to Naidu Consulting Engineers.

Vote No.: X4877 R682 614.98 Provided in 2020/2021 Capital BudgetFC No.: 364/CADOPTED, by the majority vote.

6. REQUEST FOR APPROVAL TO AMEND AGENCE FRANCIASE DE DEVELOPMENT CREDIT FACILITY AGREEMENT

(Page 165)


6.1 That authority be granted for the amendment of the existing Agence Francaise De Development (AFD) 15 year loan agreement signed in 2016, substantially on the basis of the draft loan agreement, attached to the report of the Acting City Manager dated 2020-09-16, be approved.


6.2 That subject to the approval of .1 above, authority be granted to the Acting City Manager to sign the amended loan agreement.ADOPTED.

2. SECOND REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2020-09-28

1. REPORT OF COMMUNITY SERVICES COMMITTEE: MEETING HELD ON 2020-09-23

(Page R1)

1.1 Request for Approval of Establishment of Molecular Diagnostics Laboratory to be Hosted at the Technology Innovation Agency Bioprocessing Platform (13/2/1/2/1):(Pages 43 & 83 (Addendum): Community Services Committee - Agenda/ Supplementary Agenda 2020-09-23)

The Community Services Committee noted a report in the above regard proposing Institution of Molecular Diagnostics Testing Facility to be established in partnership with Toyota SA Motors (Pty) Ltd and Technology Innovation Agency (TIA). Attached to the above report was a Memorandum of Agreement to be entered into between the KwaZulu-Natal Department of Health, Toyota SA Motors (Pty) Ltd and the eThekwini Municipality which was aimed at supporting the City and the Province in the fight against the COVID-19 pandemic. It was emphasised that a molecular diagnostics facility will be established and hosted at the Technology Innovation Agency (TIA) Bioprocessing Platform in Durban.

Being in agreement


1.1.1 That approval be granted for the Technology Innovation Agency (TIA) Bioprocessing Platform to serve as the host of a molecular diagnostics facility that would be established in partnership with the eThekwini Municipality, Toyota SA Motors (Pty) Ltd and the TIA, it being recorded that while the Municipality may have been awarded a donation to source the necessary equipment to resourcethe diagnostic facility, it lacks the support structures to do so independently.

1.1.2 That subject to the approval of .1 above, authority be granted to the Deputy City Manager: Community and Emergency Services to enter into a Memorandum of Agreement between the KwaZulu-Natal Department of Health, Toyota SA Motors (Pty) Ltd and the eThekwini Municipality, aimed at supporting the City and the Province in the fight against the COVID-19 pandemic.ADOPTED.

1.2 Request for Approval: Donation of Computers by Tongaat Hulett Sugar South Africa to Tongaat Central Library and Hambanathi Library (8/1/6/1) & (34/5):(Page 52: Community Services Committee – Agenda 2020-09-23)

In noting that Tongaat Central Library and Hambanathi Library were each to receive a donation of ten (10) computers totalling to 20 computers from Tongaat Hulett Sugar South Africa,



1.2.1 That authority be granted to the Head: Parks, Recreation and Culture to accept a donation of twenty (20) computers in the amount of R394 595.00 (Three Hundred and Ninety Four Thousand Five Hundred and Ninety Five Rand), including VAT, from Tongaat Hulett Sugar South Africa to Tongaat Central Library and Hambanathi Library, as part of efforts to ensure that the benefits of ICT are available to communities in the identified areas.

1.2.2 That subject to the approval of .1 above, the Deputy City Manager: Community and Emergency Services be mandated to engage Tongaat Hulett Sugar South Africa in consultation with other relevant Municipal departments where necessary in order to develop a Memorandum of Understanding for all computers to be received.

1.2.3 That subject to the approval of .1 and .2 above, authority be granted to the Acting City Manager to sign the Agreement, covering all aspects thereof as required.ADOPTED.

1.3 Request for Approval to Implement Libraries’ Programmes in the 2020/2021 Financial Year (34/3/R) & (2/3/2/1/2):(Page 55: Community Services Committee – Agenda 2020-09-23)

At the Community Services Committee concerns were raised regarding the absence of a spreadsheet detailing expenditure per line items in the report as the total amounts for the Libraries’ programmes appeared excessive and not justified in relation to the number of activities for each programme.

The Community Services Committee requested that a comprehensive report be submitted with specific details in respect of line items, line expenditure and details about the proposed Libraries’ events/programmes such as dates, Ward locations, for Councillors to attend.

The Democratic Alliance and the Democratic Liberal Congress abstained thereat on the matter, pending the submission of the requested comprehensive report or information.

At Executive Committee level the Democratic Alliance advised that it had dissented on this matter at the Community Services Committee meeting on the basis that the report was not comprehensive, in that it lacked important details on what the program is about, start and end dates, which Wards would be involved, financial obligations, catering, etc. Further, concern was expressed that the report had not been submitted timeously for the Committee to exercise proper oversight. This was considered critical given the importance to monitor compliance with austerity measures and also to heed a call by Treasury to spend wisely.

Speaking on the matter, the Chairperson of the Community Services Committee advised that the Committee supported the initiative to attract the community back to Libraries post Lockdown as a result of the COVID-19 pandemic. That the programme will be beneficial to the youth and the previously disadvantaged communities. She then confirmed that it was acknowledged that further information was required in terms of specific Wards and dates by when programmes are taking place. Hence, the Deputy City Manager: Community & Emergency Services was requested to facilitate the submission thereof.


Thereafter, upon request, the Deputy City Manager: Community & Emergency Services shared information contained in the spreadsheet, in response to the concerns by the Committee and confirmed that the information would be made available. Accordingly, the spreadsheet is attached herein for ease of reference.

Given the absence of information at the time of discussing the matter at the Executive Committee level, the two (02) Democratic Alliance Members dissented on the matter, with the five (05) African National Congress Members being in support given the benefits to the local communities.

Accordingly, by the majority vote,


1.3.1 That authority be granted to the Head: Parks, Recreation and Culture to coordinate and implement various educational and public programmes related to Outreach programmes, Book Fair (Articulate) and the Art Fair (Durban Art Gallery) through the Libraries and Heritage Department during the 2020/2021 financial year.

1.3.2 That subject to the approval of .1 above, authority be granted to the Head: Parks, Recreation and Culture to incur expenditure in the amount of R9 068 667.00 (Nine Million and Sixty Eight Thousand Six Hundred and Sixty Seven Rand)to coordinate and implement various education and public programmes throughthe Libraries and Heritage Department during the 2020/2021 financial year.

1.3.3 That subject to the approval of .1 and .2 above, all procurement of goods and services be undertaken strictly in accordance with the Supply Chain Management Policy and the Municipal Finance Management Act, 2003, Circular 82 regarding Cost Containment Measures.

1.3.4 That subject to the approval of .1, .2 and .3 above, a close out report be submitted after the implementation of the all Libraries’ programmes during the 2020/2021 financial year.


Grand Total – R9 068 667.00Item – VariousFunding – 12120Vote No.: 15032.37150 VariousFC No.:32/233

ADOPTED, by the majority vote.

1.4 Request for Approval to Implement Durban Natural Science Museum Programmes / Events for the 2020/2021 Financial Year (35/2/R) & (2/3/2/1/2):(Page 62: Community Services Committee - Agenda 2020-09-23)

At the Community Services Committee similar concerns as the previous item regarding the absence of a spreadsheet detailing expenditure per line items and other details such as implementation dates, etc were expressed. The Democratic Alliance and the Democratic Liberal Congress abstained on the matter, pending the submission of the requested comprehensive report.

At the Executive Committee level, the Democratic Alliance spoke on this item and item 1.5 below in conjunction, advising advising that it had dissented on this


matter at the Community Services Committee meeting and expressed similar sentiments as those raised at the previous item.


Speaking on the matters, the Chairperson of the Community Services Committee expressed support of the programmes, making reference to those relating to heritage and advising of their importance in preserving human identity. Thereafter, the Deputy City Manager: Community and Emergency Services undertook to circulate a spreadsheet comprising relevant information in terms of Wards; dates; financial implications etc.

Thereafter, in the absence of specific details on the programmes to be undertaken, the two (02) Democratic Alliance Members dissented on the matter, with the five (05) ANC Members being in support.

With the majority vote,


1.4.1 That authority be granted to the Head: Parks, Recreation and Culture to coordinate and implement various public and cultural programmes through the Durban Natural Science Museum during the 2020/2021 financial year.

1.4.2 That subject to the approval of .1 above, authority be granted to the Head: Parks, Recreation and Culture to incur expenditure in the amount of R2 109 350.00 (Two Million One Hundred and Nine Thousand Three Hundred and Fifty Rand) to coordinate and implement various public and cultural programmes through the Durban Natural Science Museum during the 2020/2021 financial year.

1.4.3 That subject to the approval of .1 and .2 above, all procurement of goods and services be undertaken strictly in accordance with the Supply Chain Management Policy and the Municipal Finance Management Act, 2003, Circular 82 regarding Cost Containment Measures.

1.4.4 That subject to the approval of .1, .2, and .3 above, a close out report be submitted after the implementation of the all programmes facilitated through the Durban Natural Science Museum during the 2020/2021 financial year.


Vote No.: 15522.VARIOUS.75150.0000.VARIOUS.W028 VARIOUS.VARIOUS.12120.0000.VARIOUS.W028FC No.: 34/383


1.5 Request for Project Authority for the Implementation of Durban Cultural and Heritage Day Programme (12/9/8):(Page 74: Community Services Committee – Supplementary Agenda 2020-09-23)

Committee requested to be provided with the dates and locations for the proposed programmes to allow Councillors to attend the events.

At the Executive Committee, the above item was discussed in conjunction with item 1.4 above and with similar concerns being raised. Thereafter, with the two (02) Democratic Alliance Members dissenting and the five (05) ANC Members being in support, by the majority vote,



1.5.1 That authority be granted to the Head: Parks, Recreation and Culture to coordinate and implement the approved programmes for the Durban Heritage and Cultural Month and Social Cohesion Indaba.

1.5.2 That subject to the approval of .1 above, authority be granted to the Head: Parks, Recreation and Culture to incur expenditure in the amount of R3 000 000.00 (Three Million Rand) to implement the Durban Heritage and Cultural Month and Social Cohesion Indaba.


Funding is estimated at R3 000 000.00 and will be sourced from an existing Executive Office: Special Events Projects: PRC Week.

Location Ward Estimated Costs Details

Site A – Central 32 R1 000 000.00 Artists FeesTechnical (Sound, Stage & Lighting)InfrastructureLogistics & HospitalityLive Streaming & Media

Site B – North 41 R 500 000.00

Site C – South 95 R 500 000.00

Site D – Inner West 22 R 500 000.00

Site E – Outer West 01 R 500 000.00

Vote No.: 15009.Various.53600-63FC No.: 32/235


2. C40 DIVEST/INVEST FORUM DECLARATION DIVESTING FROM FOSSILS FUELS AND INVESTING IN A SUSTAINABLE FUTURE (32/2/2)

(Page 28)


2.1 That as per the information contained in the report of the Acting City Manager dated 2020-09-08, Council approves:

2.1.1 To support the declaration made to the C40 Divest/Invest Forum to promote divestment from fossils fuels and investment in renewable energy technologies.

2.1.2 That His Worship Mayor, Councillor TM Kaunda advocates for fossil-free and sustainable finance by other investors at all levels of government.

2.1.3 That the Deputy City Manager: Finance engages the Durban Municipal Pension Fund and the KwaZulu-Natal Municipal Pension Fund to encourage them to increase financial investments in climate solutions to help promote decent jobs and a just and green economy.ADOPTED


3. SPECIAL ADJUSTMENTS BUDGET – 2020/2021

(Page 31)

It was noted that National Treasury has made provision for a special adjustments budget to be considered in order to allow for costs in respect of Covid-19 related issues to be accommodated as well as to reprioritize carry overs and commitments in respect of capital expenditure in the 2019/20 financial year to the 2020/21 financial year.

The main reasons for the adjustments budget are summarised as follows:

(i) Adjustments in respect of the adjusted grants funding allocations to the Municipality as per the amended Division of Revenue (Urban Settlements Development Grant, Neighbourhood Development Grant, Energy Efficiency Grant).

(ii) Reallocation of funding sources in respect of capital projects due to the additional R500 Million loan to be taken this financial year.

(iii) Re-prioritization of projects mainly in the Human Settlements, Engineering, Sanitation, Water and Electricity Units and critical service delivery vehicles to reduce the cost of hiring.

(iv) Adjustment to grant funding allocations for GAP housing grant.(v) Carrying overs and commitments in respect of Capital expenditure in

2019/2020 that are being reprioritized in the 2020/21 financial year.

With it being noted that further additional capital and operating budgets will be brought back from staging in the Mid-Term Adjustments Budget.

The categories of the adjustment budget were presented as per below:

Grants Allocation (Division of Revenue)The adjustment budget submission is because of the Division of Revenue Amendment Government Gazette No.43450 dated 15 June 2020, which reflected the following changes in the grant allocation:

No. Name of the grant Original Budget 2020/21R’000

Revised DORA Adjustments

R’000

Revised Budget2020/21R’000

1. Public Transport Network Infrastructure

783 643 (124 387) 659 256

2. Neighbourhood Development Grant

70 000 (13 300) 56 700

3. Urban Settlements Development grant

1 962 647 (191 361) 1 771 286

4. Energy Efficiency and Demand grant

10 000 (1 000) 9 000

5. Equitable share 3 444 498 478 907 3 923 405

6. Infrastructure skills development

35 000 (2 673) 32 327


COVID 19 expenditure The adjustment budget submission of COVID 19 costs are funded from the savings identified by the departments through the reprioritization of costs.

The following are Major COVID costs adjustments: Metro Police – PPE R5m Safer cities (homelessness) R26.9m Health (medical requisites) R15.9m Health (PPE) R13.3m Solid Waste (PPE) R10m Electricity (PPE) R5.5m Engineering (PPE) R3.7m

------------R80.3m=======

Reprioritization of expenditure The following are the major adjustment budget submissions for the reprioritization of costs, and this is funded from the savings identified from departments.

Expenditure unit (Head Expenditure) R2m Supply chain management (licenses for SABS and E Procurement) R3.5m Supply chain management (support and maintenance R3m

for E Procurement) Information Management – Software licenses and maintenance R2.5m Metro police (salaries and locomotion allowances) R5.7m Community Participation and Support R2.3m

(2 additional soup kitchens) Engineering (hire charges -pavers, rollers and special vehicles) R10m

transport heavy plant) Water (Responsibility allowances) R4.1m Electricity (correction of accounts to correct vote) R15.6m

------------R48.7m=======

It was noted that the major expenditure items, that is Security, Overtime and EPWP costs were being monitored and will be reported in the Mid-Term Adjustment Budget. The adjustment budget for capital expenditure provides for an increase in the approved Capital Budget to R 5.4 Billion, this is as a result of the increase in borrowings to R1.5 Billion and adjusting the grants as per Amended Division of Revenue Amendment Government Gazette 43450 dated 15 June 2020.

Department Original Budget2020/21 Adjustments

Special Adjustment Budget2020/21

Human Settlements 1 004 334 163 532 1 167 866

Engineering 468 119 89 002 557 121

ETA 674 764 1 213 675 977

Water 381 646 49 978 431 624

Sanitation 293 945 187 089 481 034

Solid Waste 208 568 90 569 299 137


Department Original Budget2020/21 Adjustments

Special Adjustment Budget2020/21

Electricity 463 577 86 016 549 593

EDP 324 574 22 474 347 048

CES - Health & Social Services 175 319 42 569 217 889

CES – MMS 33 470 9 020 42 490

CES - Safety & Security Services 38 259 6 200 44 459

Corporate HR 14 473 (1 509) 12 964

Finance 191 397 13 063 204 460

Governance 23 149 (1 091) 22 058

OCM 404 065 (28 507) 375 558

Total 4 699 659 729 619 5 429 278*

Thereafter, with the two (02) DA Members abstaining on the matter at this stage until it served before their Caucus, the five (05) ANC Members supported the adjustments budget.

Accordingly,


3.1 That in accordance with the provisions of Section 28 of the Municipal Finance Management Act and in compliance with the Municipal Budget and Reporting Regulations, the additional adjustments (special) to the 2020/2021 Budget as reflected in Annexures “A & B” to the report of the Acting City Manager dated 2020-09-21, be approved, and the approval of the capital adjustments budget constitute project approval of the specific projects.

3.2 That it be noted that additional capital expenditure of R700 Million net, after the offset of R300 Million reduction in grants is being brought back from staging resulting in a revised capital budget of R5 429 278.00 (Five Million Four Hundred and Twenty Nine Thousand Two Hundred and Seventy Eight Rand), excluding entities, the revised adjustment including the entities is R5 522 387.00 (Five Million Five Hundred and Twenty Two Thousand Three Hundred and Eighty Seven Rand).

3.3 That subject to the adoption of .1 and .2 above, the borrowing for 2020/2021 financial year of R1.5 Billion, be approved.

3.4 That subject to the adoption of .1, .2 and .3 above, the budget has now been revised as follows:

Consolidated Budget (including entities)

Details Original Budget 2020/21 Adjusted Budget 202021 R'000 R'000Operating budget 44 072 854 44 367 371Capital budget 4 792 769 5 522 387Total Budget 48 865 623 49 889 758

Parent municipality (excluding entities)


Details Original Budget 2020/21 Adjusted Budget 202021 R'000 R'000Operating budget 43 555 524 43 850 041Capital budget 4 699 659 5 429 277Total Budget 48 255 183 49 279 318ADOPTED, by the majority vote.

4. SPECIAL AMENDMENTS TO THE 2020/2021 SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN (2/1/6/1)

(Laid on Table)

As a consequence of the budget being revised by way of a special adjustments budget, there is a need to also revise/amend the Service Delivery and Budget Implementation Plan accordingly.

With the two (02) Democratic Alliance Members abstaining on the matter at this stage and five (05) ANC Members being in support, by majority,


That in terms of Section 5 (c) of the Local Government Municipal Finance Management Act, the special amendments to the 2020/2021 Service Delivery and Budget Implementation Plan (SDBIP) as indicated hereunder, be noted.

2020/2021 Service Delivery and Budget Implementation Plan:

SUMMARY OF AMENDMENTS PER PLANPlan No

Plan Name Key Performance Indicators

Projects/ Sub-Projects

1 Develop and sustain our Spatial, Natural and Built Environment 0 02 Developing a Prosperous, Diverse Economy and Employment

Creation2 11

3A Creating a Quality Living Environment 2 33B Creating a Quality Living Environment 11 103C Creating a Quality Living Environment 0 04A Fostering a Socially Equitable Environment 2 94B Fostering a Socially Equitable Environment 6 155 Supporting Design, Human Capital Development and

Management 4 0

6A A vibrant and creative City - the foundation for sustainability and social cohesion

0 0

6B Stadia Facilities Unit 1 36C Agro Ecology 0 07A Good Governance and Responsive Local Government 0 07B Good Governance and Responsive Local Government 1 47C Good Governance and Responsive Local Government 1 58 Financially Accountable and Sustainable City 0 0

City Total 30 60

SUMMARY OF AMENDMENTS PER ENTITY


Plan No. Plan Name Key Performance Indicators Projects/ Sub-ProjectsPlan 21 ICC 0 0Plan 21 uShaka 6 6


_______________

3. NOTICE OF MOTION

3.1 NOTICE OF MOTION: PROPOSED BY COUNCILLOR BD NAIDOO AND SECONDED BY COUNCILLOR Y GOVENDER: THE NEED TO ADDRESS THE BACK LOG OF SEWER RELATED COMPLAINTS (23/2/1/2).

By the majority vote, consideration of the Notice of Motion DEFERRED to next meeting of Council.

3.2 NOTICE OF MOTION: PROPOSED BY COUNCILLOR M BILLY AND SECONDED BY COUNCILLOR H SHOZI: INCREASED RESPONSE TIMES TO WATER, SEWAGE LEAKS AND BURST PIPES IN THE ETHEKWINI METRO (23/1/11/1/1/1).


3.3 NOTICE OF MOTION: PROPOSED BY COUNCILLOR SAMIER SINGH AND SECONDED BY COUNCILLOR M JOHNSON: ILLEGAL DUMPING ON VACANT LANDS ZONE FOR SR180 IN PHOENIX (24/5).


3.4 NOTICE OF MOTION: PROPOSED BY COUNCILLOR M JOHNSON AND SECONDED BY COUNCILLOR TM MTHETHWA: FUNDING FOR THE INITIATION OF A ROLL OUT PROGRAMME OF PLASTIC WATER METERS (23/1/11/6).


4. APPLICATIONS FOR LEAVE (3/4/2)

The following Councillors were granted leave of absence as indicated:-

Councillor J Annipen : 2020-09-18 to 11-20 (Indisposed)Councillor S De Boer : 2020-09-15 to 30 Personal Commitments)Councillor GT De Lange : 2020-09-30 to 10-01 (Indisposed)Councillor CB Dlamini : 2020-09-28 to 10-02 (Indisposed)Councillor SR Dlamini : 2020-09-30 (Indisposed)Councillor J Essop : 2020-09-30 (Personal Commitments)Councillor WL Mapena : 2020-09-29 to 30 (Personal Commitments)Councillor P Mfeka : 2020-09-16 to 30 (Indisposed)


Councillor S Mkhwanazi : 2020-09-29 to 10-01 (Personal Commitments)Councillor E Mngadi : 2020-09-29 to 10-22 (Personal Commitments)Councillor MM Mthembu : 2020-09-30 (Personal Commitments)Councillor AB Mvubu : 2020-09-30 to 10-02 (Indisposed)Councillor P Nxumalo : 2020-09-30 (Indisposed)Councillor BF Scott : 2020-09-30 (Indisposed)Councillor AN Shabalala : 2020-09-30 to 10-01 (Personal Commitments)Councillor DM Shozi : 2020-09-28 to 10-22 (Personal Commitments)Councillor S Sibisi : 2020-09-30 (Personal Commitments)Councillor S Singh : 2020-09-30 (Personal Commitments)Councillor M Tembe : 2020-09-30 (Personal Commitments)

City Administration: Secretariat30 September 2020

Documents

Minutes and De… · Web viewWith 33 Councillors present, 24 Councillors (ANC - 21, IFP – 2 and MOSA - 1) voted in support of the recommendations and 9 DA Councillors voted against