Minutes and Decisions/Co… · Web viewKindly note that the word ADOPTED" marked in bold at the end of the recommendation confirms that the item has been approved by Council and

KRR(2019-05-29)SP[CHALL-] 2019-05-30

COUNCIL DECISION CIRCULAR: MEETING HELD ON 2019-05-29

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2019-05-29.

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 - 2019-05-29)

FIRST REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2019-04-16

1. REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD ON 2019-04-09

1.1 Expansion of City Fleet Western Workshop (2/3/1/7) (7/6/1/2):

(Page 55: Human Settlements and Infrastructure Committee - Agenda 2019-04-09)

COMMITTEE RECOMMENDS:

That authority be granted to the Head: Real Estate to advertise an expression of interest to identify suitable properties in the Western Region of eThekwini for acquisition in order to expand the City Fleet Western Workshop and undertake the cost benefit exercise to establish the best option to be pursued, it being recorded that a further report on the findings thereto, will be submitted to the Human Settlements and Infrastructure Committee.

ADOPTED

1.2 Acquisition for Regularisation of Road Encroachment (17/2/1/1/R):


At the Executive Committee meeting the recommendations as contained in the report of the Human Settlements & Infrastructure Committee were amended in recommendation 1 by the deletion of the words “deviate from the Supply Chain Management Regulations and” and by the deletion of recommendation 3 in its entirety.

Accordingly,


1.2.1 That in order to regularize the partial encroachment of the road Tipclay Place over privately owned property, authority be granted to the Head: Real Estate to negotiate the acquisition of a road servitude over Erf 816, Clayfield, as reflected on Plan SJ4701/10, it being recorded that Section 36(1)(a)(ii) of the Supply Chain Management Regulations (market related values) will be invoked with the approval of the Bid Adjudication Committee.

1.2.2 That subject to the adoption of .1 above and approval of the Bid Adjudication Committee (BAC) pursuant to successful negotiations, authority be granted to the Head: Real Estate to sign all relevant documents necessary to effect transfer to the eThekwini Municipality.

1.2.3 That in the event of negotiations being unsuccessful, authority be granted to the Head: Real Estate to expropriate the required servitude as depicted on Plan SJ4701/10 and to sign all documents necessary to give effect to such expropriation.

This will be provided for in the Real Estate blocksum.

Financial Year: 2019/2020 & 2020/2021

ADOPTED


1.3 Review of Tariffs: Surveying and Land Information Department: 2019/2020 (7/6/1/2):



1.3.1 That the tariffs applicable to the eThekwini Municipality’s copying fees for Plans and Photographs be amended as reflected in the Annexures attached to the report of the Head: Engineering dated 2018-12-12.

1.3.2 That subject to .1 above the City Manager be requested to implement the following:

(a) Display a copy of this resolution and the said tariff charges conspicuously:

(i) on the City Hall Notice Board, and

(ii) at such other places within the Municipality as the City Manager may determine.

(b) To publish in the Ezasegagasini Metro a notice in the following format:-

ETHEKWINI MUNICIPALITY

Notice is hereby given that:-

(a) A resolution of the kind contemplated in Section 75A(2) of the Local Government: Municipal System Act 2000 (Act 32 of 2000) was passed by the Municipal Council on ……………………………

(b) A copy of the said resolution and annexed tariff of charges is available for inspection at:-

(i) City Hall, Dr Pixley KaIsaka Seme Street, (West Street) Durban(ii) ……………………………etc.

(c) The effective date for the implementation of the said tariff of charges is 2019-07-01.

(d) To seek to convey the information referred to in the said notice to the public on East Coast Radio and Ukhozi Radio; and

(e) To send a copy of the said notice to the Provincial Minister of Local Government and Traditional Affairs

…………………………………….

CITY MANAGER

ETHEKWINI MUNICIPALITY

Date: ………………………………

ADOPTED, by the majority vote.


1.4 Acquisition of Land in the Brackenhill or Surrounding Areas of eThekwini Municipality (17/2/1/1/R):



1.4.1 That authority be granted to the Head : Real Estate to enter into negotiations with private land owners for the purchase of land to develop a new Road and Stormwater Maintenance Depot in the Brackenhill or surrounding areas.

1.4.2 That subject to the approval of .1 above, a budget of R10 000 000.00 (Ten Million Rand) for purchase of the land to develop new roads and a Stormwater Maintenance Depot in the Brackenhill or surrounding areas be made available in the 2019/2020 financial year.

1.4.3 That authority be granted to the Head : Real Estate to submit a report to the Human Settlements and Infrastructure Committee on the outcome arising from negotiations with the land owners, with a specific amount to be utilized for the purchase of land to develop a new Roads and Stormwater Maintenance Depot.ADOPTED

1.5 Registration of 9m Wide Servitudes and Wayleaves for the Proposed Cato Ridge Pipeline (23//1/11/1/1/2):



1.5.1 That authority be granted to the Head: Real Estate to acquire any pipeline servitude as well as any other necessary servitudes, wayleaves and encroachments and land by negotiation and/or expropriation as considered necessary.

1.5.2 That subject to .1 above, it be noted that the approval of the Bid Adjudication Committee (BAC) will be sought to deviate from the Supply Chain Management (SCM) Regulations for the Head: Real Estate to negotiate directly with the property owner for the acquisition of the property in question using Section 36 (1)(a)(ii) of the Supply Management Regulations.

1.5.3 That in the event of negotiations being unsuccessful, authority be granted to the Head: Real Estate to expropriate the affected property.

1.5.4 That in the event of negotiations being successful, the City Manager record reasons for the deviations and report at the next meeting of the Council and include the reasons as a note to the Annual Financial Statement in terms of Section 36(2) of the Municipal Supply Chain Management Regulations.

Cost Centre: 69200 Project No.: X4625 R300 000.00 Provided in 2018/2019 via X4625

ADOPTED


1.6 Request for Approval to Transfer Funds in the Outer Financial Year within the Water Capital Budget (7/1/2/2):



That Council approves the adjustment to the Water Capital Budget in the outer financial years for professional services contracts as listed below to fund the completion of their scope of work.

Project Number

Funding Required

Financial Year

Funded from

Reasons for Savings

X5254 R50 000.00 2020/2021

X8233 Project delayed due to development being delayed in the area

X6599 R100 000.00

2019/2020

X8083 Project delayed due to land acquisition

X4877 R50 000.00 2020/2021

X8233 Project delayed due to development being delayed in the area

FC 364/C170

ADOPTED

1.7 Request for Authority to be granted to the Head: Real Estate to Acquire by Means of Private Treaty, Acquisition and or Expropriation of the Land/Servitudes Required for the Hammarsdale High Level Reservoir Inlet: Construction of 500mm Ø 1440m Long Steel Inlet Main (17/2/2/1/3):



1.7.1 That for the reasons stated in the report by the Head: Water and Sanitation dated 2018-12-14, the Head: Real Estate be authorized to proceed with the acquisition/expropriation for the required servitudes as listed in the table below:

Description Hand Plan No.

Erf 111 Drummond SJ 4765/2

Rem of Erf 120 Drummond SJ 4765/3



Rem of Erf 3 Cliffdale SJ 4765/6


Rem of Erf 3 Cliffdale SJ 4765/7

1.7.2 That subject to the adoption of .1 above, and approval by the Bid Adjudication Committee pursuant to successful negotiations, the Head: Real Estate be authorized to sign the relevant agreements and all documents necessary to effect transfer of the Municipality’s requirements.

Cost Centre : 69200

Project No. : X4625

Funding for the 2018/2019 and 2020/2021 financial years will be provided in X4625: Western Aqueduct

ADOPTED

1.8 Request for Authority to Transfer Funds to Project Y8763 (23/1/11/2/1/2):



1.8.1 That the request for authority to transfer funds from block sums as indicated below to project No Y8763 for Design, Manufacture, Supply, Delivery, Installation, Testing and Commissioning of MV Switchgear at the Southern Waste Water Treatment Works (SWWTW), be approved:

1.8.1.1 Y7083B (Northpark sewer Reticulation) to the value of R2 500 000.00 (excluding VAT)

1.8.1.2 Y8612BZ1 (Northdale Pump Station) to the value of R3 100 000.00 (excluding VAT)

1.8.1.3 Y8142A (Ntuzuma C) to the value of R400 000.00 (excluding VAT)

1.8.1.4 Y8145B (Ntuzuma G infills) to the value of R1 154 000.00 (excluding VAT)

1.8.1.5 Y8138 (Umdloti Beach) to the value of R175 000.00 (excluding VAT)

1.8.2 That authority be granted to the Deputy City Manager: Treasury to include in his Adjustment Budget Report, the transfer of funds from block sums Y7083B (Northpark sewer Reticulation) to the value of R2 500 000.00 (Two Million, Five Hundred Thousand Rand), (excluding VAT), Y8612BZ1 (Northdale Pump Station) to the value of R3 100 000.00 (Three Million, One Hundred Thousand Rand), (excluding VAT), Y8142A (Ntuzuma C) to the value of R400 000.00 (Four Hundred Thousand Rand), (excluding VAT), Y8145B (Ntuzuma G infills) to the value of R1 154 000.00 (One Million, One Hundred and Fifty Four Thousand Rand), (excluding VAT), Y8138 (Umdloti Beach) to the value of R175 000.00 (One Hundred and Seventy Five Thousand Rand), (excluding VAT) to Y8763 for the design, manufacture, supply, delivery, installation, testing and commissioning of MV Switchgear at SWWTW.

Vote: Y8763 R7 329 000.000 (excluding VAT) FC No. 365/C142


ADOPTED

1.9 Renewal of Lease for the Northern Customer Services Centre - Suite 4 Manhattan House - 15 Twilight Drive - Umhlanga (17/2/2/5/1):



1.9.1 That authority be granted to the Head: Real Estate to conclude a lease agreement with Manhattan Grove (Pty) Ltd in respect of the property situated at 15 Twilight Drive, Manhattan House, in extent of approximately 446m2, for the Electricity Northern Customer Service Centre, for a period of three years commencing on 2019-10-01 and terminating on 2022-09-30.

1.9.2 That authority be granted to the Head: Real Estate to sign all documents necessary to conclude the lease.

ADOPTED

1.10 Request for Authority to Transfer Funds to Project No. X4625: Hammarsdale High Level Reservoir Inlet: Construction of 1440m of 50mm Steel Inlet Main, Ward 103 (23/1/11/3/1):



1.10.1 That in line with the Municipal Finance Management Act, authority be granted for the Head: Water & Sanitation to transfer funds in the amount of R24 000 000.00 (Twenty Four Million Rand) which represents savings from project X5906: PRV Installation to Project X4625 : Hammarsdale High Level Reservoir Inlet to ensure continuity and completion of the contract, thereby adequately meeting water demand in this area.

1.10.2 That subject to the approval of .1 above, authority be granted to the Deputy City Manager: Finance to include in his Adjustment Budget report, the transfer of funds.

Project No.

Description Funding Required in 2019/2020

Project No.

Funding Provided from Project

Surplus Funding 2019/2020

X4625 Hammarsdale HighLevel Reservoir Inlet

R24 000 000

X5906 PRV Installation R24 000 000

Total funds required in 2019/2020 financial year

R24 000 000

Total funds required in 2019/2020 financial year

R24 000 000

FC No.: 364/C169ADOPTED


1.11 Request for Authority to Transfer Funds within Water and Sanitation Capital Budget in the 2018/2019 Financial Year - for Contract WS 6772 (23/2/2 & 7/1/2/2):

(Page L35: Human Settlements and Infrastructure Committee - Agenda 2019-04-09)


1.11.1 That authority be granted to the Head: Water and Sanitation for the transfer of funds from the Water and Sanitation Blocksum project No. X5258 budget to project No. Y8841 where savings have been identified.

1.11.2 That subject to the approval of .1 above, the Deputy City Manager: Treasury include in his adjustment budget report, the transfer of funds from the Water and Sanitation project budgets where savings have been identified for the project to provide sanitation services and associated infrastructure at different Wards where on-site is crucially required in the 2018/19 financial year.

Cost Centre/Project No: X5258 FC No.: 365/C163

ADOPTED

2. REVIEW OF TENDER FEES ISSUED TARIFFS: 2019/2020 (7/6/1/5)

(Page 24)

Taking cognisance of the Radical Economic Transformation (RET) framework as adopted by Council and the need for local communities to be afforded the opportunity to tender, the tariffs relating to Tender Fees is being amended to indicate that there shall be no increase in tariff for tenders from R0.00 to R5million.

In the circumstances,


2.1 That Council of the eThekwini Municipality resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that, with effect from 2019-07-01, the tariffs as set out hereunder, be levied:

2.1.1 That there be 0% increase in the base tariff for tenders issued in the range of R0.00 to R199K. The tariff excluding VAT shall be R0.00.

2.1.2 That there be 0% increase in the base tariff for tenders issued in the range of R200K to R1M. The tariff excluding VAT shall be R86.96 (Eighty Six Rand, Ninety Six Cents).

2.1.3 That there be 0% increase in the base tariff for tenders issued in the range of R1M to R5M. The tariff excluding VAT shall be R217.39 (Two Hundred and Seventeen Rand and Thirty Nine Cents).

2.1.4 That there be a 10% increase in the base tariff for tenders issued in the range of R5M to R10M. The tariff inclusive of VAT shall be R550.00 (Five Hundred and Fifty Rand).


2.1.5 That there be 10% increase in the base tariff for tenders issued in the range of above R10M. The tariff inclusive of VAT shall be R1 100.00 (One Thousand and One Hundred Rand).

2.2 That subject to the adoption of .1 above, the City Manager be requested to comply with the provisions of Section 75A (3) and (4) of the said Act.

ADOPTED

3. TRANSFER OF PROPERTIES UNDER THE OWNERSHIP OF THE KWAZULU - NATAL DEPARTMENT OF HUMAN SETTLEMENTS AND BEING UTILISED BY THE MUNICIPALITY (27/1/1/5/R)

(Page 26)


That authority be granted to the Head: Electricity to initiate the transfer of various electricity substation sites located in Austerville, as listed hereunder, to be received from the KwaZulu-Natal Department of Human Settlements (KZNDHS) by way of donation to eThekwini Municipality, it being recorded that there are no financial implications to the Municipality as all transfer costs of the sites will be borne by KZNDHS.

a) Erf 1054 Austerville

b) Erf 1055 Austerville

c) Erf 1056 Austerville

d) Erf 1057 Austerville

e) Erf 1058 Austerville

f) Erf 1059 Austerville

g) Erf 1071 Austerville

h) Erf 1072 Austerville

i) Erf 1073 Austerville

j) Erf 1074 Austerville

ADOPTED

4. REPORT BACK ON THE INTERNATIONAL ASSOCIATION FOR IMPACT ASSESSMENT (IAIA) 2018, 38 TH ANNUAL CONFERENCE AND PARTNERSHIP, HELD IN DURBAN IN MAY 2018 (13/7)

(Page 29)

The Executive Committee noted that the delay in submitting the close-out report had been attributed to the process of the Department having to analyse numbers and verification of attendance with other International associations that were in partnership with the Conference.




4.1 That the close-out report dated 2019-03-06, relative to the partnership between the eThekwini Municipality, the International Association for Impact Assessment South Africa (IAIAsa) and the International Association for Impact Assessment (IAIA) for the planning and hosting the IAIA eighteenth (18th) International Conference held in the Durban International Convention Centre in May 2018, be noted, it being recorded that consideration should be afforded to relevant Councillors to attend future Annual IAIA Conferences that will enable them to benefit from international environmental best practices.

4.2 That it be noted that the partnership for hosting IAIA 18 in the City of Durban has accorded eThekwini Municipality the opportunity to profile its ground breaking planning that responds to environmental justice challenges of a society in transition and has further promoted the Municipality’s status as South Africa’s choice of destination for tourism and hosting of major events.

NOTED

5. ERADICATION OF 40 YEARS OF HOUSING BACKLOG (17/2/1/1/2)

(Page 43)

The report relative to the eradication of forty years housing backlog was welcomed, taking into account the City’s reliance on Cornubia Housing which was not capacitated to cater for the relocation of residents who have been housed in transit camps for many years.

In response to the City’s tardiness in securing land acquisition, it was pointed out that the process would be twofold, namely; to enter into an amicable agreement to purchase land and secondly, expropriation on negotiated settlement prices. A further proposal is to maximize the availability of land to afford communities an opportunity to construct homes of their choice.

Being in agreement therewith and following amendments to the departmental recommendations as contained therein,


5.1 That the Head: Real Estate and the Head: Human Settlements be authorized to negotiate for the acquisition or expropriation of the properties as per Annexure 2 to the report of the City Manager dated 2019-04-09, as part of the Municipality’s initiatives to address 40 years housing backlog, it being recorded that the process will be subjected to positive pre-screening and feasibility.

5.2 That subject to adoption of .1 above and the approval of the Bid Adjudication Committee pursuant to successful negotiations, the Head: Real Estate and the Head: Human Settlements be authorised to sign all documents necessary to effect transfer of the properties as per the abovementioned Annexure.


5.3 That should the process of expropriation be deemed necessary, the Head: Real Estate and the Head: Human Settlements be authorized to proceed with the expropriation of the properties in terms of Section 9(3)(a)(ii) of the Housing Act No 107 of 1997 and as per the Council Resolution dated 2019-02-28, attached as Annexure 1 to the report of the City Manager dated 2019-04-09, it being recorded that such expropriation will be subject to the consent of the Honourable MEC Human Settlements being sought in terms of Section 190 of the Local Authorities Ordinance.

5.4 That subject to the adoption of .3 above, the Head: Real Estate and the Head: Human Settlements be authorised to conclude the compensation agreements and sign all necessary documents to effect registration of the properties as per Annexure 2 to the report of the City Manager dated 2019-04-09, in favour of the Municipality.

5.5 That the Head: Legal Services & Compliance and the Head: Security Management, be authorized to take the necessary steps to protect the acquired properties and prevent unlawful invasion thereon.


6. ESTABLISHMENT OF THE GO! DURBAN LEGACY FUND (7/5/1&26/3/1/2)

(Page 76)

Some Members of the Executive Committee expressed concern on the current status of the City’s Integrated Rapid Public Transport Network (Go!Durban) in terms of deadlines not being adhered to especially as the C3 corridor from Pinetown to Bridge City was scheduled to “go live” in June 2019. Given that the corridors were lying vacant was another aspect of concern in that it would further delay the strategic objectives of promoting creativity, social cohesion, youth development and empowerment.

The majority of Executive Committee Members welcomed the long overdue report on the premise that the framework contained therein would empower youth development and foster innovation and creativity among young people. It was further suggested that the departmental recommendations would require an amendment to enable the establishment of a Political Oversight Committee to oversee the equitable disbursement of funds to beneficiaries, with due cognisance being taken on the cross cutting of funding with other Clusters affected.

With three (03) Executive Committee Members of the Democratic Alliance dissenting and with the majority of Executive Committee Members being in favour,


6.1 That in-principle authority be granted for the establishment of the GO!Durban Legacy Fund and Programme whereby all existing and future contributions for social investment flowing from requirements in the GO!Durban Radical Economic Transformation Specification shall be deposited, and from where funds shall be allocated to support various initiatives in line with the objectives of the Fund.

6.2 That subject to .1 above,

6.2.1 The focus for the investment and allocation of contributions into the GO!Durban Legacy Fund and Programme be utilised to target the development of youth in the City through the support for talent, innovation and entrepreneurship.


6.2.2 The theme or slogan (isiqubulo) for the Legacy Fund and Programme will be “Go Durban! Go Until You’re Great!”

6.2.3 The key focal areas for the Legacy Fund and Programme to be:

(a) Supporting talent in sport, especially cycling,

. (b) Recognizing creative arts and driving “Art in transit”.

(c) Entrepreneurship in young people; and

(d) Supporting initiatives in communities aimed at youth development.

6.2.4 The potential beneficiaries to be targeted by the Legacy Fund and Programme would include:

(a) Talented young people in all communities in the City.

(b) Young existing and aspiring entrepreneurs.

(c) Young innovators and researchers.

(d) Young people with superior grades at school or university.

(e) Young artists, digital creative artists and place making practitioners in the City; and

(f) The convening of community programmes to target youth development

6.3 That subject to .1 and .2 above, authority be granted to the Head: eThekwini Transport Authority to, in line with the requirements of the GO!Durban Empowerment Charter/GO!Durban Radical Economic Transformation Specification, engage with business entities that have made contributions for skills development and corporate social investment, in an attempt to inform them on the proposal for the establishment of the GO!Durban Legacy Fund and Programme as an appropriate legal “vehicle” into which all existing allocations to potential beneficiaries shall be made, and to solicit their support for the proposal.

6.4 That subject to the approval of .3 above and following his engagement with the aforesaid contributing business entities, the Head : eThekwini Transport Authority be requested to submit a report to Council, it being noted that such recommendations will be endorsed and/or approved in order to facilitate the setting up of the GO!Durban Legacy Fund.

6.5 That taking cognisance of the cross cutting of funding with other Clusters affected, the implementation of the abovementioned recommendations be co-ordinated by the relevant Deputy City Managers.

6.6 That a Political Oversight Committee be established to monitor the disbursement of funding to the beneficiaries.

6.7 That a report on the prioritization programme for implementation of the establishment of the Go!Durban Legacy Fund be submitted by end of June 2019 to Council.



7. AUDIT COMMITTEE REPORT FOR THE SECOND QUARTER ENDED 31 DECEMBER 2018 (11/1/2)

(Page 128)

The Chairperson of the Audit Committee presented the abovementioned report and highlighted the following areas of risk that could have an adverse impact on the seamless running of the City:

► Poor attendance at Audit Committee meetings by Executive Management.

► No segregation of duties between User Unit and Supply Chain Management Unit.

► Irregular Expenditure.► Electricity and water losses.► CAPEX spent to date.► Performance Scorecard Review – 2019/2020.► City Integrity and Investigation Unit Reports.► Appointment of Inkosi Albert Luthuli ICC Chairman.► Resolution of Previous Years Audit Findings.

Following such presentation an appeal was made to Members of the Executive Committee to ensure that the recommendations made by the Audit Committee were followed through and decisive action implemented.

Concern was expressed, amongst other things, on the ongoing irregular expenditure due to lack of consequence management, backlog at the City Integrity & Investigations Unit and lack of capacity thereto. The poor functionality of the Revenue Management System in quantifying water losses and water theft was concerning, taking into account the adoption of recent tariff increases.

The Executive Committee acknowledged the concerns raised and made the point that that the onus rested upon it to ensure that all recommendations of the Audit Committee were appropriately actioned. The view was expressed that every effort should be made to ensure a robust engagement of the critical issues as raised by the Audit Committee Chairperson, especially as such issues could compromise the City, hence such matters should be urgently addressed. In that regard the City Manager was requested to address the issue on behalf of the Committee with the following recommendations:

● A Special Meeting of the Executive Committee be held on Thursday, 2019-04-25 at 17:00 to consider a comprehensive report from the City Manager, comprising inter alia, the following issues, it being recorded that all relevant roleplayers be requested to be in attendance.

- All recommendations taken by the Audit Committee in respect of issues of concern and the actioning thereof.

- Recommendations of the Auditor-General and its implementation.- Segregation of duties between User Units and Supply

Chain Management.- Staffing capacity and backlog at City Integrity and Investigations Unit.


● Consideration of all Finance issues at the last monthly meeting of the Executive Committee.

Accordingly,


7.1 That the Audit Committee Report for the Second Quarter ended 31 December 2018, as submitted in terms of Section 166(2) of the Municipal Finance Management Act No. 56 of 2003, to advise Council on the activities of the Audit Committee and the results of its quarterly reviews, the systems of internal control; risk management; financial management; performance and financial reporting; organizational performance management and evaluation; internal audit function and outcomes; fraud and corruption matters brought to the attention of Council, be noted.

7.2 That in noting and accepting the Audit Committee report as indicated in .1 above, the City Manager is tasked to develop an action plan that will respond to the following resolutions adopted by the Executive Committee on 2019-04-16 for consideration at the Special Meeting of the aforesaid Committee to be convened on 2019-04-25:

7.2.1 All recommendations taken by the Audit Committee in respect of issues of concern and the actioning thereof.

7.2.2 The implementation of recommendations by the Auditor-General and its implementation.

7.2.3 Segregation of duties between User Units and Supply Chain Management.7.2.4 Staffing capacity and backlog at City Integrity and Investigations Unit.

7.3 That the City Manager reports to the Executive Committee on a monthly basis on the implementation and progress in respect of consequence management relative to the issues raised by the Audit Committee.

7.4 That the report as mentioned in .3 above to include the progress in respect of remedial action on the Auditor General’s findings and the Municipal Public Accounts Committee’s oversight report.

ADOPTED

8. NOTING OF RULE OF ORDER 28: REQUEST FOR APPROVAL TO HOST THE 2019 MEN’S COSAFA CUP TOURNAMENT TO TAKE PLACE FROM 25 MAY TO 08 JUNE 2019 (33/2&13/2/1/1/1)

(Page L40)

In view of the Council meeting scheduled for 2019-04-30 not convening, Her Worship the Mayor, Councillor ZRT Gumede approved the recommendations in respect hereof, in terms of Rule of Order 28(1)(a)



8.1 That in view of the Council meeting scheduled for 2019-04-30 not convening, the action of Her Worship the Mayor, Councillor ZRT Gumede, in approving as a matter


of urgency in terms of Rule of Order Bylaw 28(1)(a) the following recommendations in respect of the above-mentioned matter, be noted:

8.1.1 That in acknowledging that the hosting of the Council of Southern Africa Football Association (COSAFA) Cup would showcase the City of Durban as an internationally renowned conference and sporting destination, in particular, sport tourism and simultaneously attracting further high profile events to the City, the hosting of the 2019 Men’s COSAFA Cup tournament to be held from 25 May to 08 June 2019 at the Moses Mabhida Stadium, be approved.

8.1.2 That subject to the approval of .1 above, authority be granted for the Inkosi Albert Luthuli International Convention Centre (Durban ICC) to host the launch/draw dinner for the COSAFA Cup.

8.1.3 That subject to approval of .1 and .2 above, the Head: Moses Mabhida Stadium be authorised to enter into agreement with the South African Football Association for the hosting of the COSAFA Cup.

8.1.4 That subject to approval of .1, .2 and .3 above, the budget of R7 200 000.00 (Seven Million Two Hundred Thousand Rand) towards the hosting of the COSAFA Cup in eThekwini Municipality, be approved, it being recorded that funds will be identified from savings in the Operating Budget.

8.1.5 That it be noted that the income to Council would be in the amount of R4 536 000.00 (Four Million Five Hundred and Thirty Six Thousand Rand) being derived from ticket sales and that the KwaZulu-Natal Province will be approached to fund the net cost of R2 664 000.00 (Two Million Six Hundred and Sixty Four Thousand Rand).

NOTED

9. AUTHORITY TO EXTEND THE EXISTING MEMORANDUM OF AGREEMENT FOR THE VUKUPHILE II LEARNERSHIP PROGRAMME (EPWP) (4/3/5/3)

(Page L41)

It was noted that there would be no financial implications to the extension of the existing Memorandum of Agreement for the Vukuphile Learnership Programme.

In amending the contract extension from twelve (12) to twenty four (24) months as indicated in the departmental report,


9.1 That authority be granted to the City Manager to extend the Memorandum of Agreement for Vukuphile Learnership Programme from twelve (12) to twenty four (24) months.

9.2 That the Head: Mayoral Parlour, in consultation with the Acting Head: Legal Services and Compliance, be authorized to finalize the extension of the Memorandum of Agreement for a 24 (twenty four) month period or until the learner contractors have reached the required level of competence in terms of the process, whichever comes first.

ADOPTED


SECOND REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON 2019-04-26

1. NOTING OF RULE OF ORDER 28: INTERIM REPORT ON THE HEAVY RAINFALL THAT OCCURRED FROM 22 TO 23 APRIL 2019 (29/2/2/2)

(Page L1)

The tragic incident and loss of life as a result of heavy rainfall experienced by the Municipality over the period 22 to 23 April 2019 was acknowledged with deep regret and sadness by all Members of the Executive Committee.

However, some Members of the Executive Committee, having extended their condolences to the grieving families who had lost loved ones, expressed concern on issues, amongst other things, that the Disaster Management call centre was incapacitated to receive a high volume of calls from the public during disasters. The relief provided by NGO’s, churches and religious organisations was applauded with a request for increased effort by the Municipality to provide necessary relief. Consequently the need for a warehouse type facility to store large numbers of relief merchandise was deemed to be crucial. It was further contended that the issue of stormwater related incidents and the numerous complaints by communities with other related incidents called for urgent intervention. Concern was also expressed on the legitimate strike action by Municipal employees that was compounded by the fact that many parts of the City were without electricity and water for a number of days. In acknowledging that assistance to bereaved families in terms of burial and comfort was imperative, Committee was cautioned to ensure that funding would be solely for the benefit of such families and not spent on elaborate Memorial Services.

In response to the abovementioned concerns expressed the following clarity was provided:

► The current call centre system was an improvement from previous years. However, in an endeavour to further improve the process some calls that went beyond the capacity would now be rerouted to other operational sectors.

► On the issue of a warehouse, the current storeroom at the Pinetown fire station housed emergency stock, albeit not in large quantities.

► The Municipality was equipped with a state of the art Flood Early Warning System, however publishing of the warning cannot be undertaken ahead of the South African Weather Services Bureau. In that regard an intended corroboration between National Disaster Management, the South African Weather Services Bureau and the Municipality would mandate the City to warn communities of flooding 48 hours prior to the incident.

► The contributory factor to the tardiness in distributing food was that certain areas had been inaccessible due to damages that had occurred.

► The table of incidents as contained in the report was a summary compiled by on the ground inspectors from the Municipality. A further comprehensive report would be submitted to the Executive Committee.

► The amounts reflected for rehabilitation of hostels included that of Glebelands, SJ Smith, Chatsworth and Bayview. A report thereto would be submitted to both the Community Services Committee and Human Settlements and Infrastructure Committee. With regard to R293 Townships, specific affected Wards had been indicated.


► On the issue of funding, a portion of the damages would be claimed from Council’s Insurers with a request to both the Provincial and National Governments for funding. In terms of immediate rehabilitation funding would be obtained from Council’s reserves.

However, in view of the Council meeting scheduled for 2019-04-30 not convening, Her Worship the Mayor, Councillor ZRT Gumede approved the recommendations in respect hereof, in terms of Rule of Order 28(1)(a)

Accordingly,


1.1 That in view of the Council meeting scheduled for 2019-04-30 not convening, the action of Her Worship the Mayor, Councillor ZRT Gumede, in approving as a matter of urgency in terms of Rule of Order Bylaw 28(1)(a) the following recommendations in respect of the above-mentioned matter, be noted:

1.1.1 That Council approves the interim assessment report of the heavy rainfall incidents which have occurred within the eThekwini Municipal area on 22 and 23 April 2019 resulting in the infrastructural damage estimated at R658 849 000.00 (Six Hundred and Fifty Eight Million Eight Hundred and Forty Nine Thousand Rand) as quantified by various Municipal Units and indicated in the table below:

Department Estimated Costs

Health Unit R 3 000 000.00

Engineering R248 400 000.00

Human Settlement R327 919 000.00

Electricity R 19 530 000.00

Water & Sanitation R 60 000 000.00

Parks & Recreation Not yet available

Total R658 849 000.00

1.1.2 That in view of .1 above, authority be granted to the City Manager to commission the Units concerned to commence with the planning and rehabilitation of infrastructure on both a short and long term basis.

1.1.3 That authority be granted to the City Manager to ensure that all infrastructure are assessed and emergency rehabilitation implemented where required.

1.1.4 That authority be granted to the Deputy City Manager: Human Settlements, Engineering & eThekwini Transport Authority to commence with the rehabilitation and construction of damaged Low Cost Housing, Community Residential Units, Informal Settlements and Transit Facilities utilizing existing funding and also seek additional funding from the National Government for the full extent of the disaster to implement the entire scope of damages incurred.


1.1.5 That based on the extent of damages as a result of heavy rainfall of 22 and 23 April 2019, the Municipality declares a local state of disaster within the eThekwini Municipal area, as per Section 55 of the Disaster Management Act No. 57 of 2002.

1.1.6 That, subject to .5 above, Council recommends to the KwaZulu-Natal Provincial Cabinet for the declaration of a National Disaster within the eThekwini Municipal area, in line with the provisions of Section 55 of the Disaster Management Act 57 of 2002.

1.1.7 That authority be granted to the City Manager to develop programs that respond to both the National and Provincial determined programs.

1.1.8 That authority be granted to the Deputy City Manager: Finance to identify emergency funding for the emergency relief and rehabilitation as indicated in .2, .3, .4, .5, and .6 above, and to re-prioritise Urban Settlement Development Grant (USDG) funding in order to fund human settlements projects that require USDG funding.

NOTED

THIRD REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON 2019-04-29

1. REPORT OF THE COMMUNITY SERVICES COMMITTEE: MEETING HELD ON 2019-04-11

(Page R1)

1.1 Call for Applications for Sundry Grant-In-Aid: 2019/20 (7/14/1):

(Page 49: Community Services Committee - Agenda 2019-04-11)


That Council notes that the Head: Community Participation and Action Support is in the process of advertising to invite applications from Non-Profit Organisations to be considered to be allocated Sundry Grant-In-Aid for the 2019/20 financial year, to support organisations aimed at addressing socio-economic issues within the eThekwini Municipal area, with the advert to be open from 01 May to 01 July 2019, as per the advert and application form contained in the report by the City Manager dated 2019-03-29 and to be advertised in local newspapers and in the Municipal website.

ADOPTED

1.2 Allocation of Grant-In-Aid: Parks, Recreation and Culture Unit (7/14/1/1):




1.2.1 That in accordance with Section 67 of the Municipal Finance Management Act, certain requirements must be met before transferring funds of the Municipality to organisations and bodies outside any sphere of government, therefore, in this regard, subject to a Memorandum of Agreement between eThekwini Municipality and each Art Centre being concluded, authority be granted to the Parks, Recreation and Culture Unit to allocate grants to the following Art organisations:-

1.2.1.1 Wushwini Pan African Centre be allocated a grant of R1 250 000.00 (One Million Two Hundred and Fifty Thousand Rand) for the 2019/2020 financial year.

1.2.1.2 The Play House be allocated a grant of R2 000 000.00 (Two Million Rand) for the 2019/2020 financial year.

1.2.1.3 Siwela Sonke Dance Company be allocated a grant of R1 250 000.00 (One Million Two Hundred and Fifty Thousand Rand) for the 2019/2020 financial year.

1.2.1.4 Wentworth Arts and Culture Organisation be allocated a grant of R500 000.00 (Five Hundred Thousand Rand) for the 2019/2020 financial year.

1.2.1.5 The KwaZulu-Natal Society of The Arts be allocated a grant of R1 000 000.00 (One Million Rand) for the 2019/2020 financial year.

1.2.1.6 Simphiwe Shembe Foundation be allocated a grant of R500 000.00 (Five Hundred Thousand Rand) for the 2019/2020 financial year.

1.2.1.7 African Art Centre be allocated a grant of R1 000 000.00 (One Million Rand) for the 2019/2020 financial year.

1.2.1.8 Nelisa Mzimela Foundation be allocated a grant of R500 000.00 (Five Hundred Thousand Rand) for the 2019/2020 financial year.

1.2.1.9 Zizezande Youth Organisation be allocated a grant of R250 000.00 (Two Hundred and Fifty Thousand Rand) for the 2019/2020 financial year.

1.2.1.10 Durban Black Drifters be allocated a grant of R500 000.00 (Five Hundred Thousand Rand) for the 2019/2020 financial year.

1.2.1.11 The KwaZulu-Natal Heritage Foundation be allocated a grant of R250 000.00 (Two Hundred and Fifty Thousand Rand) for the 2019/2020 financial year.

1.2.1.12 The KwaZulu-Natal United Music Industry Association be allocated a grant of R1 750 000.00 (One Million Seven Hundred and Fifty Thousand Rand) for the 2019/2020 financial year.

1.2.1.13 K-CAP be allocated a grant of R1 000 000.00 (One Million Rand) for the 2019/2020 financial year.

1.2.1.14 Bat Centre be allocated a grant of R1 000 000.00 (One Million Rand) for the 2019/2020 financial year.

1.2.1.15 Durban Music School be allocated a grant of R1 000 000.00 (One Million Rand) for the 2019/2020 financial year.

1.2.1.16 LEBU Discovery Productions NPC be allocated a grant of R250 000.00 (Two Hundred and Fifty Thousand Rand) for the 2019/2020 financial year.

1.2.1.17 Centre for Creative Arts be allocated a grant of R2 000 000.00 (Two Million Rand) for the 2019/2020 financial year.


1.2.2 That in the interim, subject to the approval of 1.2.1.1 to 1.2.1.17 above, authority be granted to the City Manager to enter into a Memorandum of Agreement with the organisations be allocated grant funding, for a period of one (1) year, covering all aspects as required in terms of Section 67 of the Municipal Finance Management Act, 2003 (Act No. 56 of 2003).

1.2.3 That, thereafter, a call for funding proposals be made no later than 2019-12-13 for all interested organisations to apply for a three (3) year grants during which Parks, Recreation and Culture Unit will undertake public consultations with interested organisations. Financial Implications

Budget Provision : R16,000 000.00 (for 2019/2020 financial year)

Vote No. 15503 Various

FC No.: 34/349

ADOPTED

1.3 2019 Verge Competition (31/4/1):


Committee noted that there was an amount of R500 000 00 (Five Hundred Thousand Rand) that the City won in the City Arbor Awards and kept in the Arbour Winning Budget. It was therefore advised that the City will not incur any costs for the Verge Competition since the Arbour Winnings budget of R500 000 00 (Five Hundred Thousand Rand) be used to fund the competition. Furthermore, it was mentioned that competition will be hosted in December 2019.

Accordingly,


1.3.1 That authority be granted for the Head: Parks, Recreation and Culture to administer overall implementation of the 2019 Verge Competition and ensure that procurement process is followed in this regard.

1.3.2 That authority be granted for the Head: Parks, Recreation and Culture to utilise an amount of R450 000.00 (Four Hundred and Fifty Thousand Rand) from the Arbour Winnings for the 2019 Verge Competition and follow the Supply Chain Management Policy for the logistical requirements.

Financial Implications

Arbour Winnings budget provision-R500 000.00

FC No. 59/971

ADOPTED

1.4 Liberation Heritage Route Project – Celebrating 25 Years of Democracy (2/3/2/1/2):


The City of eThekwini is celebrating twenty five (25) years of democracy through Liberation Heritage Route Project. The celebration will include performing arts in


commemoration of the liberation struggle. During discussion at the Community Services Committee it was agreed that a consultation process would be undertaken across political parties to ensure an all-inclusive celebration in terms of political leaders who were involved in the liberation struggle. The exact date of the celebration would be confirmed after the consultation stage.

Members of the Democratic Alliance registered their concerns with the content of the report citing that it is politically-biased to the ruling party. As such, they voted against the matter.

Members of the Inkatha Freedom Party supported the matter provided consultation is conducted and the involvement of leaders of other political parties who were also part of the struggle. With the majority being in support and understanding that further engagements will be held in preparation for the celebration the matter approved at Support Committee level.

During deliberations at EXCO, Members of the Democratic Alliance reiterated their concerns that the report is solely focused on elevating the ruling party. As such, they voted against the matter, pointing out that the Municipal funds could not be utilised to fund what is regarded a politically-related activity.

A member of the Inkatha Freedom Party made reference to a pivotal role played by the IFP President as well as other leaders in the liberation struggle. However, that he and other leaders are often overlooked when it comes to recognition. Further, that although commitments are made to consult other parties, but in practice this never happen. As such, the IFP voted against the matter.

Members of the African National Congress confirmed that the process would be transparent as per the recommendation indicating that consultation will be undertaken. They were of the view that issues could only be raised when there is evidence that the Department has failed to implement the recommendation as outlined.

With the DA (03); IFP (01) voting against and; the ANC (05), voting in support,


1.4.1 That authority be granted to the Head: Parks, Recreation and Culture to incur expenditure in the amount of R960 000.00 (Nine Hundred and Sixty Thousand Rand) to support the Liberation Heritage Route Project: Celebrating 25 years of democracy on the date and venue still to be confirmed.

1.4.2 That consultation and invitation to involve other political parties be made by the Parks, Recreation and Culture Unit.



FC No. 34/333


1.5 Request for Adjusted Budget for Articulate Africa Programme 2018/2019 (34/3/1):

(Page L38: Community Services Committee - Agenda 2019-04-11)


The Democratic Alliance submitted that there were various other matters that were part of the Articulate Africa Programme in addition to hosting events. A request was therefore made to receive update report on implementation of those matters.

On this basis,


1.5.1 That approval be granted to allow the addition of R5 029 332.50 (Five Million and Twenty Nine Thousand Three Hundred and Thirty Two Rand and Fifty Cents) from Provincial Subsidy and UNESCO funding in order to fully fund the Articulate Africa Programme, taking into account as well .2 below.

1.5.2 That the approval of .1 above takes into account expenses which were previously covered by centralised Essence Votes and the expansion of the project to include additional creative sectors identified by the City’s Participation in the UNESCO Creative Cities Network emanating from its recent designation as a UNESCO City of Literature.

1.5.3 That subject to .1 & .2 above, approval be granted for the total budget of Articulate Africa to be increased to R9,797 912.56 (Nine Million Seven Hundred and Ninety Seven Nine Hundred and Twelve Rand and Fifty Six Cents).

1.5.4 That the change of date for Articulate Africa from September 2018 to 10-13 April 2019, be noted.



FC No. 32/215

ADOPTED

2. REPORT OF THE SECURITY AND EMERGENCY SERVICES COMMITTEE; MEEETING HELD ON 2019-04-17

(Page R5)

2.1 Report on Loaned Gym Equipment to Amanzimtoti Fire Station By a Private Citizen (8/1/2):

(Page 47: Security and Emergency Services Committee - Agenda 2019-04-17)

The erstwhile Amanzimtoti Fire and Emergency Services Department had previously received various items of gym equipment from Mr J Cilliers in 1995. The assets were received as a loan with a condition that Mr Cilliers was entitled to repossess them in future.

In February 2018, Mr Cilliers notified the Amanzimtoti’s Fire and Emergency Services Department of his intention to claim back the gym equipment. It has been ascertained that the gym equipment was kept and used by the Firefighters for over 20 years and that few items had been decommissioned and disposed of during this period.




2.1.1 That authority be granted to the Head: Fire and Emergency Services Department to return the assets loaned from Mr J Cilliers as per the agreement entered into by the erstwhile Borough of Amanzimtoti, it being recorded that the normal Council procurement processes shall be followed to procure replacement gym equipment.

2.1.2 That subject to the approval of .1 above, authority be granted to the Head: Legal and Compliance Services to terminate the agreement entered into by the erstwhile Borough of Amanzimtoti and Mr. J Cilliers.

2.1.3 That authority be granted to the Deputy City Manager: Finance for the removal of the equipment to the value of R369 368.80 (Three Hundred and Sixty Nine Thousand Three Hundred and Sixty Eight Rand and Eighty Cents) from the current asset register, it being noted that some items listed at the initiation of the loan have been decommissioned and disposed of during the loan period.

ADOPTED

2.2 Establishment of Ward Safety Committees:


Based on the existing Ward Committee structures informed by Section 73 of the Municipal Structures Act 117 of 1998, in September 2018, the Safer Cities Unit embarked on the process to establish Ward Safety Committees. They are Sub-Committees to Ward Committees and are founded on principles of National Crime Prevention Strategy which are community based and created to support crime prevention initiatives. The recently established Ward Safety Committees have undergone initial capacity building conducted by the Safer Cities Unit.

Accordingly,


That Council notes progress in terms of the establishment and initial training of Ward Safety Committees as well as their participation in the launch of the eThekwini Municipal-wide Community Safety Forum scheduled for 2019-04-23, which seeks to co-ordinate safety programmes and projects.

NOTED

2.3 Illegal Encroachment into Pipeline Servitudes (29/1/2/5):


An urgent need exists to relocate communities who had erected informal settlements within and in the immediate vicinity of flammable gas and petroleum pipeline servitudes in an effort to prevent loss of life should an accident occur involving the pipeline. Formal complaint has been received from Sasol and Transnet regarding illegal construction of unauthorized structures (informal structures) encroaching on pressure methane rich gas pipeline in various areas like Clairwood and Cato Manor. This matter has connotation of land invasion and therefore the Land Invasion Unit would be involved.

This situation poses risk of litigation should any accident involving pipeline occurs, therefore, certain interventions or remedial actions such as public awareness meetings had been convened by all parties involved.


During deliberations at the Executive Committee level, the recommendations were amended with a view to identifying all communities residing in the vicinity of flammable pipeline for relocation purposes.

Accordingly,


2.3.1 That in a bid to avert illegal encroachment into pipeline servitude and subject to confirmation of ownership of the land affected, the communities residing in and in the vicinity of flammable pipeline be relocated and their structures be demolished.

2.3.2 That an assessment be undertaken of all informal settlements located in dangerous areas including rivers and flood plains and all communities be relocated with immediate effect.

2.3.3 That the location of such settlements in dangerous areas be prohibited in future.

Recommendations AMENDED in 2.3.2 thereof, by the deletion of the words “all communities be relocated with immediate effect” and by the substitution therefor of the words “and a report be submitted to the Human Settlements and Infrastructure Committee” to read as follows:

“2.3.2 That an assessment be undertaken of all informal settlements located in dangerous areas including rivers and flood plains and a report be submitted to the Human Settlements and Infrastructure Committee.”, and thereafter

ADOPTED.

3. REVISED REMUNERATION FRAMEWORK FOR MEMBERS OF OVERSIGHT ASSURANCE COMMITTEES OF ETHEKWINI MUNICIPALITY (4/5/1/1)

(Page 39)


3.1 That Council approves the revised Remuneration Framework for Members of Oversight Assurance Committees of eThekwini Municipality, which representsan annual inflation adjustment of 6%, which will be implemented as per the breakdown of oversight functions and categories contained in the report by the City Manager dated 2019-04-09, and, payable for the duration of the term of office in the case of the Audit Committee.

3.2 That, subject to .1 above, and given that the remuneration rates were last reviewed in 2016, Council approves retrospective payment of 6% to the Audit Committee Members for the past two financial years, 2016/17 and 2017/18.

ADOPTED

4. NOTING OF RULE OF ORDER 28: FILLING OF VACANT BOARD MEMBERS’ POSTS AT INKOSI ALBERT LUTHULI INTERNATIONAL CONVENTION CENTRE 4/3/2)

(Page 52)

The Inkosi Albert Luthuli International Convention Centre has three (03) vacant positions of Board Members. The term of office of two (02) Board Members,


namely, Mr Mike Jackson and Mr Zwile Zulu has expired on 30 September 2018. The necessary recruitment and selection process has been followed to fill the positions. While in the middle of this process, another Board Member, namely, Mr Sifiso Msomi, resigned effective 30 September 2018 thus making vacant positions to be three (03).

As such, authority is being sought to fill three (03) positions of Board Members as per the candidates recommended who are in possessions of requisites skills; qualifications; experience and expertise. The due process for the appointment of Board of Directors of Municipal Entities was followed.

However, in view of the Council meeting scheduled for 2019-04-30 not convening, Her Worship the Mayor, Councillor ZRT Gumede approved the recommendations in respect hereof, in terms of Rule of Order 28(1)(a).

Accordingly,


4.1 That in view of the Council meeting scheduled for 2019-04-30 not convening, the action of Her Worship the Mayor, Councillor ZRT Gumede, in approving as a matter of urgency in terms of Rule of Order Bylaw 28(1)(a) the following recommendations in respect of the above-mentioned matter, be noted:

4.1.1 That Council notes the expiry of the term of office of the Inkosi Albert Luthuli International Convention Centre (ICC) Board Members, namely, Messrs Mike Jackson and Zwile Zulu with effect from 30 September 2018.

4.1.2 That Council notes the resignation of the ICC Board Member, Mr Sifiso Zulu, effective 30 September 2018.

4.1.3 That subject to .1 and .2 above, Council approves the filling of the positions of three (03) vacant positions of Board Members with the following candidates which have met the ICC Board appointment criteria:

No. Candidate Profile

1. Professor Bonke Dumisa Former CEO of Durban Chamber of Commerce and Economic Analyst

Currently Chairperson of KZN Provincial Planning Commission

Holds various degrees and has a combination of business and law expertise

Has adjudicated in various institutions such as National consumer Tribunal and Broadcasting Complains Commission of SA

2. Mrs Linda Rose-Ann Ngcobo Managing Director in Aqrate KZN, a BEE Rating Agent

Extensive Board experience having served in public and private sector institutions

A qualified Chartered Accountant


Appointed first female Vice President at the Durban Chamber of Commerce

3. Mr Moses Tembe Seasoned Entrepreneur

Former President of Chamber of Commerce

Currently Co-Chair KZN Growth Coalition

Non-Executive Chair of Ubuhle OCS Cleaning Services (Pty) Ltd

Holds BA in Public Administration and Political Science

Completed the Caltex Business Management Programme with the University of Cape Town

Plays a pivotal role in advancing regional economy

4.1.4 That the term of office for the new three (03 Board members referred to in .3 above commences on 01 May 2019 and expires on 30 April 2021.

NOTED

5. UPDATE REPORT ON 2019 TOURISM INDABA, 02-04 MAY (20/1/4/3)

(Page 56)

It will be recalled that the City of eThekwini together with its Bid Parties won a bid to host Tourism Indaba in Durban for a five (05) year period with effect from 2018 to 2022. This is the largest tourism event in the African Continent where tourism products are showcased. The event also attracts a number of international buyers and media thus positioning the City as the destination of choice worldwide.

The 2019 event is scheduled to take place from 02 to 04 May. The City is ready to welcome the world and the official opening would be made by the State President accompanied by the National Minister of Tourism. A variety of other events will be held as part of Tourism Indaba.


5.1 That Council notes that the 2019 Tourism Indaba is scheduled to take place from 02 to 04 May at Inkosi Albert Luthuli International Convention Centre and Durban Exhibition Centre.

5.2 That Council notes activities to be held as part of Tourism Indaba, in particular, the temporarily installation of sculptures of two global icons, Dr. Nelson Mandela and Inkosi Albert Luthuli for marketing purposes in line with celebrating 25 years of Democracy to showcase Durban’s Culture and Heritage as a tourism experience.

5.3 That Council notes strategic platforms have been created for the City leadershipto participate at Tourism Indaba to promote the City of eThekwini.

NOTED


6. QUARTERLY REPORT ON WITHDRAWALS FROM MUNICIPAL BANK ACCOUNT IN TERMS OF THE MUNICIPAL FINANCE MANAGEMENT ACT (7/13/R&11/1/2)

(Page 64)


That the quarterly report on withdrawals from the Municipal bank account as at 31 March 2019 submitted in terms of Section 11(4) of the Municipal Finance Management Act, be noted, it being recorded that the withdrawals were in terms of the following subsections:

● Section 11(f): To refund money incorrectly paid into a bank account

● Section 11(g): To refund guarantees, sureties and security deposits

● Section 11(h): Investment of money not immediately required

NOTED

7. REPORT ON INVESTMENTS FOR THE PERIOD 28 FEBRUARY TO 31 MARCH 2019 (7/11/4)

(Page 66)


That the report on investments for the eThekwini Municipality as at 2019-03-31, which records the total funds invested at financial institutions as R7 979 Million Rand, at an average rate of return on investments of 7.99%, as submitted by the City Manager in line with the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.

NOTED

8. REPORT ON AWARDS BY THE CITY FOR THE MONTH OF MARCH 2019 (9/1/3)

(Page 72)


8.1 That the public tender awards by the City for the month of March 2019, inclusive of awards made in terms of Section 36 of the Supply Chain Management Regulations, as contained in the report by the City Manager dated 2019-04-18, be noted.

8.2 That it be noted that where the 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 Units.

8.3 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 the Supply Chain Management Policies and the Municipal Finance Management Act provisions are observed.

8.4 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.

Recommendations 8.1 and 8.2 NOTED and Recommendations 8.3 and 8.4 ADOPTED.

9. BUDGET STATEMENT REPORT FOR THE QUARTER ENDING 2019-03-31 (7/1/4)

(Page 96)

The City Manager was requested to look into the issue of performance information where achievements of predetermined targets appeared to be lower that the projection. This was considered concerning given the imminence of the end of the financial year.

On this basis,


That Council notes the Budget Statement Report for the Month ended 31 March 2019 and submitted in compliance with Section 52 (d) of the Municipal Finance Management Act and Regulations under this Act.

NOTED

10. REPORT ON THE SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN (SDBIP) FOR QUARTER ENDING 31 MARCH 2019 (2/10/1/1/9)

(Page 247)


10.1 That in terms of the Municipal Finance Management Act, Circular No. 13, the Service Delivery and Budget Implementation Plan for the quarter ended 31 March 2019, which reflects the overall unaudited achievement rate of 76.86% for eThekwini Municipality; 94.12% for Inkosi Albert International Convention Centre; and 100% for Durban Marine Them Park., be noted.

10.2 That Council notes the unaudited achievement rate in terms of projects and sub-projects as at 31 March 2019 is 87.57% for eThekwini Municipality; 93.75% for Inkosi Albert Luthuli International Convention Centre; and 100% for Durban Marine Theme Park.

NOTED

FOURTH REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD 2019-05-21


1. PROGRESS REPORT ON THE ESTABLISHMENT OF ETHEKWINI MUNICIPALITY DOMESTIC MEDIUM-TERM NOTE PROGRAMME (7/3/1/1/2)

(Page 19)

It will be recalled that Council has previously approved the establishment of the eThekwini Municipality’s Domestic Medium-Term Note (DMTN) Programme totalling R10 Billion to be issued over the next ten years. In receiving progress report, clarity has been provided with regard to oversight in terms of borrowings and the Domestic Medium Term Note programme being listed on the Johannesburg Stock Exchange and the benefits being derived therefrom,


1.1 That progress and overview of the establishment of the eThekwini Municipality Domestic Medium-Term Note (DMTN) Programme totaling R10 Billion, as indicated in the report of the City Manager dated 2019-05-13, be noted, and the key salient features include the following:

1.1.1 DMTN serves as an alternative borrowing source where the Municipality will issue to potential investors a wide range of debt instruments on a short to long-term period with a desired maturity date and earn interest to supplement funds for its service delivery obligations.

1.1.2 The Municipality has procured the services of a Lead Arranger to facilitate the Johannesburg Stock Exchange (JSE) formalities on behalf of the Municipality and give access to a pool of credible investor base.

1.1.3 The Municipality will procure the services of external Legal Advisors to vet the JSE registration documents.

1.1.4 The Municipality will require the service of external auditors to verify financial matters contained in the DMTN Programme documentation and auditing the work of the Lead Arranger.NOTED

2. ADDENDUM REPORT ON PUBLIC TENDER AWARDS MADE BY THE CITY FOR THE MONTH OF FEBRUARY 2019 (9/1/3)

(Page 24)

The eThekwini Municipal Council at its meeting held on 30 March 2019 considered and noted a report on tenders awarded by the Municipality during the month of February 2019. It has since become necessary to submit an addendum report to make corrections in respect of two (02) contracts) relating to the supply, installation, testing and commission of CCTV electronic security equipment for a period of 36 months (Annexure A of Addendum report); and the accumulative figures of contracts that were awarded in the current financial year (Annexure C of Addendum report), contained in the Report by the City Manager dated 2019-04-29.

With respect to the security equipment tender, clarity is given that the differences in the total value of tenders reported in three categories is that the contract amount of EOH Security and Building Technologies (Pty) Limited is not calculated in any of


the reported target groups because the company is not claiming BEE points and it is a Cape Town-based.

With regard to Annexure C, the addendum report now contains the correct figures of contracts awarded in the current financial year and accumulating in terms of contracts awarded and contract values from July 2018 to June 2019.



That Council notes the two (02) corrections made to the report on Public Tender Awards for February 2019, as indicated in Annexures A and C of the addendum report of the City Manager dated 2019-04-29, it being recorded that such corrections relate to the contract for the supply, installation, testing and commission of CCTV electronic security equipment for a period of 36 months and the accumulative figures of contracts that were awarded in the current financial year.

NOTED

3. REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF APRIL 2019 (9/1/4)

(Page 28)

Reference was made to CCTV infrastructure installed within the City to monitor crime and traffic but which is not operational. Reservations were therefore expressed on additional tender awards under these circumstances. It was then requested that a presentation on CCTV infrastructure within the City be made to the Executive Committee to make necessary assessment.

However,


3.1 That the Public Tender Awards made by the City for the month of April 2019, inclusive of awards made in terms of Section 36 of the Supply Chain Management Regulations, as contained in the report of the City Manager, be noted.

3.2 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 Units.

3.3 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 the Supply Chain Management Policies and the Municipal Finance Management Act provisions are observed.

3.4 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.

Recommendations 3.1 and 3.2 NOTED and Recommendations 3.3 and 3.4 ADOPTED.


4. FUNERAL ASSISTANCE IN LINE WITH THE CIVIC FUNERAL POLICY GUIDELINES: THE LATE FORMER ETHEKWINI MUNICIPALITY’S COUNCILLOR AND CHIEF WHIP: STANLEY ZAMOKWAKHE XULU (13/6)

(Page L5)

The former Councillor and Chief Whip of eThekwini Municipal Council, Stanley Zamokwakhe Xulu, had been called to rest on 2019-05-17. It was noted he had served as a Ward Councillor for more than eleven (11) years and had been appointed as Chief Whip for the Council term 2011 to 2016. During that period he made certain that Council had exercised a strong oversight role to ensure speedy and effective service delivery. He was accredited for ensuring the participation of local communities in service delivery initiatives and this enabled a prosperous future for generations to come.

The Executive Committee Members Graham and Mthethwa of the Democratic Alliance abstained and requested a breakdown to categorise items to be covered by the amount of R200 000.00 (Two hundred Thousand Rand) being recommended for funeral costs.

With the majority of the members being in support,


That in line with the provision of the Municipality’s Civic Funeral Policy, Council approves the allocation of an amount of R200 000.00 (Two Hundred Thousand Rand) to contribute towards the funeral costs of the late eThekwini Municipality’s Former Councillor and Chief Whip, Stanley Zamokwakhe Xulu.

Vote Number Estimated Cost

32601.19110.10.12120.0000.MRC01.0010 R200 000.00

ADOPTED

FIFTH REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON 2019-05-28

1. REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE: MEETING HELD ON 2019-05-22

(Page R1)

1.1 Authority to Acquire Portions of Property from South African National Roads Agency (17/2/1/1/2):

(Page 20: Economic Development and Planning Committee - Agenda 2019-05-22)

Authority is being sought to acquire from the South African National Roads Agency (SANRAL), properties described as PTN 2 of ERF 165, PTN 2 of ERF 166, PTN 2 of ERF 167, PTN 2 of ERF168 and PTN 2 of ERF 169, all of Cato manor –


Registration Division FT, situated in the eThekwini Municipal area of KwaZulu-Natal.

Tourism Development and Destination Promotion, Enterprise Development and Access to Market, with more focus on Township and Rural Tourism, remain the strategic focus area to promote economic growth and job creation. The acquisition of the aforementioned properties will contribute toward achieving this aim by:

● Achieving economic transformation since the location of this property in the township will benefit previously disadvantaged people and enable the Municipality to realise the goals of Radical Economic Transformation.

● Promoting Township Tourism as enshrined in the Durban Tourism’s Visitor Marketing Strategy to ensure total experience for visitors and all-inclusive participation and benefits.

A total amount of R268 000.00 (Two Hundred and Sixty Eight Thousand Rand), (excluding VAT), is estimated to be the cost of acquiring the property, provision for which has not been made in this financial year. However, savings have been identified from Project S3072, and the expenditure will be regularized via the 2018/2019 Capital Adjustment Budget.

Members of the DA and the EFF abstained at the Economic Development and Planning Committee level. The DA was of the view that the Municipality should not purchase the land whilst it was still being occupied by tenants, which could pose a problem for the Municipality in terms of evicting occupants.

In terms of the information shared at the Executive Committee, the property will be purchased and owned by the Municipality. That various tourism offerings will be considered as part of promoting township tourism in this area. A proper land use plan was therefore requested to ensure various tourism-related business were accommodated. The recommendations were thereafter amended for Council to delegate authority to the Head with no involvement in the Supply Chain Management processes.

Accordingly,


1.1.1 That authority be granted for the Head: Real Estate to facilitate the acquisition of the property described as PTN 2 of Erf 165, PTN 2 of Erf 166, PTN 3 of Erf 167, PTN 2 of Erf 168 and PTN 2 of Erf 169, all of Cator Manor – Registration Division FT at an estimated amount of R268 000.00 (Two Hundred and Sixty Eight Thousand Rand) (excluding VAT).

1.1.2 That subject to the adoption of .1 above and the approval of the Bid Adjudication Committee, authority be granted to the Head: Real Estate to sign the relevant agreements and all documents necessary to effect transfer / registration of the said property to the eThekwini Municipality.



PORTION ERF EXTEND AMOUNT

2 165 Cator Manor – FT 1516m² R 50 000.00

2 166 Cator Manor – FT 3107m² R 25 000.00

3 167 Cato Manor – FT 2787m² R 85 000.00

2 168 Cator Manor – FT 1903m² R 80 000.00

2 169 Cator Manor - FT 2033m² R 28 000.00

R268 000.00

Vote Number: 26540.45595.12120. 0000. PC5100.0010; F.C No. 2019/32/CA03.

ADOPTED

1.2 Partnership Platform for the Digital Industrial Revolution Programmes (20/1/6/1):


A need exists for the eThekwini Region to start preparing for the Fourth Industrial Revolution (4IR). This relates to human development enabled by extraordinary technological advances. The 4IR will bring significant changes in business life and will dictate new skills requirements.

With eThekwini Municipality being mandated to promote economic and social development within its area of jurisdiction, it is responsible for managing digital transition linked to the 4IR. Hence, the Municipality through its Economic Development Unit will collaborate with the University of KwaZulu-Natal (UKZN) to run the KZN Centre for Radioastronomy Economic Advancement, Technology and Entrepreneurship (KREATE).

The establishment of KREATE as the partnership platform to support the Digital Industrial Revolution in order to achieve the desired outcomes of strong economic growth; sustainable job creation, and poverty alleviation across industrial sectors aligns with the economic development objectives of the Municipality.

Having noted the importance of keeping up with technology and the industrial revolution,


1.2.1 That authority be granted for the support and funding of the KZN Centre for Radioastronomy Economic Advancement, Technology and Entrepreneurship (KREATE) as a collaboration platform to prepare local industrial sector for the Fourth Industrial Revolution.

1.2.2 That subject to approval of item .1 above, authority be granted to the City Manager to conclude a Memorandum of Agreement (MOA) with KREATE on registration as the Non Profit Company to give effect to the above.

1.2.3 That subject to the approval of .1 and .2 above and in terms of Section 67 of the MFMA and in accordance with the Memorandum of Agreement, authority be granted to the Head: Economic Development and Investment Promotion to disburse


funds to KREATE (non-profit entity) amounting to R2 732 600.00 (Two Million Seven Hundred and Thirty Two Thousand Six Hundred Rand), (Excl. VAT) for the 2019/2020 financial period; R2 872 800.00 (Two Million Eight Hundred and Seventy Two Thousand Eight Hundred Rand), (Excl. VAT) for the 2020/21 financial period; and R3 000 000.00 (Three Million Rand), (Excl. VAT) for the 2021/2022 financial period.

1.2.4 That the Head: Economic Development and Investment Promotion reports to Council progress on this initiative on an annual basis and also presents the Annual Business Plan for noting.

Note No. Proposed Expenditure Financial Year

26102.25030.17.12120.0000.MRCO1.0010

R2 732 600.00 (excluding VAT)

2019/20

26102.25030.17.12120.0000.MRCO1.0010


2020/21

26102.25030.17.12120.0000.MRCO1.0010


2021/22

FC No.: 2020/18/01

ADOPTED

1.3 Status Report: Proposed Amendment Along the C3 Corridor: Mis-Matches in the Adopted Land Use Strategy and the Planning Schemes (Central/Inner West/Outer West) (21/4/1):


Committee was advised that the aforementioned matter was tabled before it in 2018, when authority was sought for the public participation process to commence. The primary purpose of the prosed amendment was to address transit orientated anomalies in the Schemes.

It was noted that the public participation process had subsequently taken place, and no objections to the Proposed Amendment along the C3 Corridor, relative to Mismatches in the Adopted Land Use Strategy and the Planning Schemes (Central/Inner West/Outer West) were raised.

Having noted the concerns related to the delay in completion of the “GO DURBAN” project,


That in terms of Section 18, Chapter 6 of the Planning Bylaw, the following Schemes be amended and ADOPTED:


A. The Durban Planning Scheme be amended as follows:

● To Amend Appendix 1 by inserting Zone 43 IPTN Zones, to add new Clause 35 and to insert the new Appendix 11 into the Durban Scheme as per annexure B.

● The incorporation of Plan No. LU_STRAT_NOV 2018 into the Durban Planning Scheme.

B. The Inner West Planning Scheme be amended as follows:

● The Incorporation of Plan No. LU_STRAT_NOV 2018 into the Inner West Planning Scheme.

● The incorporation of Annexure A into the Inner West Scheme.

C. The Outer West Planning Scheme be amended as follows:

● The incorporation of Plan No. LU_STRAT_NOV 2018 into the Outer West Planning Scheme.

● The incorporation of Annexure C into the Outer West Scheme.

The above amendments are in the public interest and are in line with the vision and the development goals of the City.

1.4 Proposed Amendments to Bridge City: Book End of the C3 Corridor (21/4/1):


Members of the Democratic Alliance abstained on the matter at the Economic Development and Planning Committee as they were of the view that the minimum parking lot requirements need to be reviewed with a view to increasing same.

The Democratic Alliance once again abstained at the Executive Committee level.

With the majority being in support,


1.4.1 That in terms of Section 18, Chapter 6 of the Planning Bylaw, the Durban Planning Schemes be amended as follows:

1.4.1.1 That Special Zone 44 be replaced in the Durban Planning Scheme with the new Development Facilitation Tables for Bridge City as attached at Annexure A;

1.4.1.2 That the Durban Scheme Map be amended as per the map attached at Annexure B;

1.4.1.3 That Special Zone 44 only be applicable to Portions 486 and 506 of Erf 433 of the Farm Melkhout Kraal No. 789; until the sites are rezoned further.

1.4.2 That the above amendments are in the public interest and are in line with the vision and the development goals of the City.


1.4.3 That the objection is dismissed as the proposal clearly excluded the sites which the objection concerns itself with. Such sites were part of a High Court order and were not part of this amendment.

ADOPTED

1.5 Annual Review of the North, South, Inner West and Outer West Regional Land Use Schemes (27/7/R):



1.5.1 That in terms of Section 19 of the eThekwini Municipality: Planning and Land use Management By-law 2016, and the Spatial Planning Land Use Management Act No. 13 of 2013; the Annual Review of the North, South, Inner West and Outer West Regional Land use Schemes be adopted for the following reasons:

1.5.1.1 The review ensures compliance with the Spatial Planning Land Use Management Act No.16 of 2013 in that it gives effect to the Development Principles, as described in Chapter 2, Clause 7(a)(b)(c)(d) and (e; and Chapter 5, Land use Management, Clause 24 (1) of the Spatial Planning Land Use Management Act No.: 16 of 2013.

1.5.1.2 The reviewed Land Use Schemes are in alignment with the Spatial Development Framework of the Municipality.

1.5.1.3 This review responds to the ever changing development pressures and trends within the Municipality.

ADOPTED

1.6 Permission to Advertise the Review of the Central Use Scheme (21/4/1):


Following brief elaboration on the report by the City Manager dated 2019-03-08 relative to the request for Permission to advertise the Review of the Central Use Scheme, Committee was advised that this was the first time that the Durban Scheme would be included in the annual review.

Having noted same,


1.6.1 That the Land Use Management Branch proceeds to advertise the Review of the Central Land Use Scheme of the eThekwini Municipality for public participation in terms of Section 14(2) of the Planning and Land Use Management By-law, 2016.

1.6.2 That on conclusion of the public participation process, the Central Land Use Scheme be further refined and submitted to Council for adoption.

ADOPTED

1.7 Application in Terms of Section 26(1) of the eThekwini Municipality Planning and Land Use Management By-Law 2016 (Municipal Notice 114 of 2017) for the Amendment of the Durban Scheme: Removal of Clause 6(42) (21/7/3):



Committee was advised that the proposed amendment of the Durban Scheme relates to the removal of Clause 6(42) of the Scheme that states that “the development of Portions 3 of (1) of Erf 113, Springfield, situated at 1/3 Alpine Road is subject to a limitation on the coverage on the site, which may not exceed 30%.”

It was noted that removal of the aforementioned Clause from the Scheme is required in order for the zoning of the site (Special Shopping – with a residential component) to be brought in line with the Scheme controls i.e. General Shopping, which allows for a coverage of 50%.

Having noted the foregoing,


1.7.1 That in terms of Section 26(1) (b) of the eThekwini Municipality Planning and Land Use Management By-Law 2016 (Municipal Notice 114 of 2017), the application for the Amendment of the Durban Scheme by the deletion of Clause 6 (42), “The development off portion 3 of Erf 113 Springfield situated at 1/3 Alpine Road is subject to a limitation on the coverage on the site, which may not exceed 30%” by removing of Clause 6 (42) be approved for the following reasons:

1.7.1.1 The proposal is in line with the eThekwini Municipality’s objective to promote spatial efficiency by optimizing development in areas of greatest opportunity and encourages efficient use of existing infrastructure and facilities

1.7.1.2 The proposal promotes a better mix of land uses within the Springfield precinct and aligns to the Municipal Spatial development Plan which focuses on nodal economic development, mixed-use developments. Accordingly, the proposed amendment to the Durban Scheme by removing Clause 6 (42) will contribute to ensuring that these mixed use development.

1.7.1.3 The General Shopping Zone permits Coverage of 50% and this will ensure that the sites are in line with the zone upon the successful completion of the rezoning application.

ADOPTED

1.8 Review of the Telecommunication Infrastructure (Cellular Mast and Antennae) Provisions in eThekwini Municipality Schemes (21/4/1):


Having noted that there was a need to convene a workshop to address the issue of the erection of cellular masts on Council owned property as well as private property and determining the implications thereof,


1.8.1 That a workshop be convened for the Economic Development and Planning Committee to unpack proposed changes to the current Development Standards as they relate to Telecommunication Infrastructure (Including cellular mast and antennae) within the North, South, Inner West, Outer West, Durban and Westville No.2-Resevoir Hills Land Use Scheme of the eThekwini Municipality.


1.8.2 That subsequent to the workshop alluded to in .1 above, authority be grantedto the Head: Development Planning, Environment & Management to advertise this review for public participation in terms of Section 14 (2) of the Planning and Land Use Management By-law, 2016;

1.8.3 That on conclusion of the public participation process, the final draft of the reviewed Development Standards as they relate to Telecommunication Infrastructure (Including cellular mast and antennae) within the North, South Inner West, Outer West, Durban and Westville No.2-Reservoir Hills Land Use Schemes of the eThekwini Municipality be submitted to Council for adoption.

ADOPTED

1.9 Draft Student Accommodation Policy and Permission to Advertise the General Scheme Amendments (21/4/1 & 21/7/P):



1.9.1 That the draft Student Accommodation Policy including the two precinct areas, be approved in principle;

1.9.2 That a workshop be convened with Members of the of the Economic Development and Planning Committee to consider the draft Student Accommodation Policy in detail, including recommended Scheme amendments to operationalize the Policy, and make necessary input;

1.9.3 That subsequent to the workshop, the proposed amendments to the Inner West, Durban and Reservoir Hills Scheme be advertised for public participation;

1.9.4 That the final draft Student Accommodation Policy be submitted to Council for adoption.

ADOPTED

1.10 EThekwini Municipality: Planning and Land Use Management Amendment By - Law 2019 (1/1/3/1/41):


With Members having concurred that the Planning and Land Use Management Amendment By-Law, 2019 would assist the City in making planning related decisions, by correcting the procedure of reporting to the correct Council structures,


1.10.1 That Council approves that the eThekwini Municipality: Planning and Land Use Management By-law, 2019 as contained in the report by the 2019-05-06 be advertised for public participation.

1.10.2 That a public participation notice calling for representations on the proposed By-law be published in the Ezasegagasini Metro, the Mercury and Isolezwe and a copy of the By-law be placed on the City Hall notice board and website for a period not less than 14 days to allow the public an opportunity to make representations with regard to the proposed By-law.


1.10.3 That the final Planning and Land Use Management By-law, 2019 be submitted to Council for adoption.ADOPTED

1.11 Proposed Amendment of the Land Use Schemes of eThekwini by the Introduction of a Nature Reserve Zone Designed for Nature Reserves Proclaimed In Terms of the National Environmental Management Protected Areas Act of 2003 (Act No. 57 of 2003) and Identified D’moss Areas Under Consideration for Such Proclamation: Request for Permission to Undertake a Public Participation Process in Terms of the eThekwini Municipality: Planning and Land Use Management By-Law, 2016 (21/2).


Following consideration of the report by the City Manager dated 2019-03-20 relative to the request for permission to undertake a public participation process in terms of the eThekwini Municipality: Planning and Land Use Management By-Law, 2016, Committee noted that 10 nature reserves were proclaimed last year, for which there has to be a Management and Zonation Plan (i.e. How land can be used in terms of vegetation and other uses, example- Paradise Valley),


1.11.1 That authority be granted for the Acting Deputy Head: Environmental Planning and Climate Protection to undertake public participation, in terms of By-law 14 of the eThekwini: Planning and Land Use Management By-law, 2016, through advertising for public on the proposal to amend the North, Durban South Inner West and Outer West Land Use Schemes and the Westville Scheme No.2, of the eThekwini Municipality by:

1.11.1.1 The introduction of a new land use zone called Nature Reserve as detailed on the table below:

NATURE RESERVE

INTENTION: To protect, conserve land, dedicated to the conservation and management of natural areas of land and/or water for the ecosystem goods and services that the areas provide and the biodiversity which they support, where the land is proclaimed, or where there is an intention to proclaim, as a Nature Reserve in terms of the relevant environmental legislation. To consider the inclusion of land uses which are beneficial to the Nature Reserve and are in compliance with the approved Management Plan.

Colour: To be determined.

1.

PRIMARY

2.

SPECIAL CONSENT

3.

PROHIBITED

Land uses which are directly aligned with the Management Plan specifically related to the Nature Reserve.

Unless provided for in the Management Plan, land uses which complement the purpose of the Nature Reserve which may include residential, commercial, and educational.**

Uses not under Columns 1 and 2.


ADDITIONAL CONTROLS

* Primary Land Uses: These are land uses included in the Management Plan which are deemed compatible with the intention of the Nature Reserve. They will enhance the environmental, economic and social purpose of the Nature Reserve. All Primary Land Uses are subject to alignment with the Zonation Map of the Management Plan and to the approval of the Deputy Head: Environmental Planning and Climate Protection.

For the purposes of this Land Use Zone:

“Zonation Map” means a map forming part of a Management Plan, indicating areas within a protected area, the use to which the land may be put, whether by indicating the natural occurrence of vegetation or areas of human disturbance through artificial land uses.

“Management Plan” means a document required in terms of the National Environmental Management: Protected Areas Act of 2003 which describes the methods of environmental management of a protected area.

** For the purposes of this Land Use Zone, residential, commercial and educational are defined as follows:

- “Residential” means a residential use conforming to the land use scheme definition of chalet development, dwelling house, multiple unit development and mobile home park and camping ground (excluding a mobile home park) which is specifically for ecotourism purposes; provided that in the case of a dwelling house, such use may be for the purposes of housing a Reserve Manager or caretaker on-site.

- “Commercial” means shop and restaurant which is specifically for ecotourism purposes and enhances the economic viability of the Nature Reserve as may be determined by the Management Plan zonation provisions.

- “Educational” means premises used as a place of instruction for the education of the public on matters relating to the environment or the Nature Reserve as may be determined by the Management Plan zonation provisions.

*** For the purposes of this Land Use Zone, Space About Buildings means that space free of all buildings or structures between the outer wall of such building or structure, and an area designated on the zonation map as being a natural zone. The positioning of all buildings and structures within the Nature Reserve shall be to the satisfaction of the Head: Development Planning, Environment and Management in consultation with the Deputy Head: Environmental Planning and Climate Protection.

1. Within a Nature Reserve Zone, unless with the prior written authorization from the Municipality in consultation with the Deputy Head: Environmental Planning and Climate Protection and within the principles encompassed within the Scheme intention for this Zone;

1.1 No development of any building or structure, including but not restricted to buildings, fencing, swimming pools, wastewater, and storm water infrastructure (including evapo-transpiration areas for on-site sanitation), roads, tracks, driveways, walking or cycling trails, or dams, shall be permitted;

1.2 No landscaping or planting of any vegetation, unless it is a requirement for the rehabilitation of the environment in terms of a Management Plan approved in terms of the


provisions of the National Environmental Management: Protected Areas Act of 2003;

1.3 No harvesting, collecting, cutting, hunting or otherwise damaging of indigenous flora or fauna and soil and water resources, shall be permitted;

1.4 No vehicles, motorized or non-motorized, other than on established roads, driveways or tracks, shall be permitted;

1.5 No pets or other domestic animals shall be permitted.

1.6 No use of the land, which, in the opinion of the Deputy Head: Environmental Planning and Climate Protection, may be detrimental to the intentions of this Zone, shall be permitted.

2. A Memorandum of Understanding, outlining the management of the Nature Reserve and the method of exchange of scientific information necessary for the preparation of the annual State of Biodiversity Report, shall be entered into between the Deputy Head: Environmental Planning and Climate Protection and the Deputy Head: Parks, Recreation and Culture.

3. For the purposes of this Use Zone, and in particular to align with the interpretation of terms contained within the Management Plans for Nature Reserves, the following definitions shall apply:

“Ecotourism” means an interactive, participatory and enlightening travel and visitation experience to environments, both natural and cultural, that ensures the sustainable use, at an appropriate level, of environmental resources and, while producing viable economic opportunities for the tourism industry and host/local communities, makes the use of these resources through sound environmental management beneficial to all tourism role players.

“Nature-based Recreation and Tourism means recreation and tourism that is based on the natural attractions of the area, e.g. bird watching, hiking, trail running, and photography, which does not conflict with the primary land use viz. nature conservation. This activity may contribute to the conservation of the environment and improve the well-being of the local community.”

“Nature Reserve means premises declared to supplement the system of national parks in South Africa; protect areas with significant natural features, species, habits or biotic communities; protect a particular site of scientific, cultural, historic, or archaeological interest; provide for its long-term protection and the maintenance of its biodiversity; provide for a sustainable flow of natural products and services to meet community needs; enable a variety of traditional consumptive uses; or, provide for nature-based recreation and tourism opportunities

SPACE ABOUT BUILDING

BUILD-TO / SETBACK LINE

MIN ERF SIZE

DWELLING UNITS / HA

HEIGHT COVERAGE

FLOOR

AREAB.L S.S R. S.

Refer to Additional Controls.*** N/A N/A

To be determined in consultation with the Deputy Head: Environmental Planning and Climate Protection.****


1.11.1.2 The introduction of the definition of “Ecotourism” as detailed on the table above.

1.11.1.3 The deletion of the words “protected Areas Bill” in the definition of Nature Reserve.”

1.11.1.4 The introduction of the definition of “Nature Reserve” and Ecotourism as detailed on the table above, into the Westville Scheme No.2.

1.11.2 That on completion of the public participation process referred to in .1 above, the Acting Deputy Head: Environmental Planning and Climate Protection reports back to the Committee on the outcome of the process.

ADOPTED

1.12 Permission to Advertise the Review of the Westville No. 2 (Reservoir Hills) Land Use Scheme (21/4/1):


Following brief elaboration on the report by the City Manager dated 2019-03-08, relative to the request for Permission to Advertise the Review of the Westville No. 2 (Reservoir Hills) Land Use Scheme,


1.12.1 That the Land Use Management Department proceeds to advertise the review of the Westville No. 2 (Reservoir Hills) Land Use Scheme of the eThekwini Municipality for public participation in terms of Section 14(2) of the Planning and Land Use Management By-Law, 2016.

1.12.2 That on conclusion of the public participation process, the Westville No. 2 (Reservoir Hills) Land Use Scheme be further refined for onward submission to Council for adoption.ADOPTED

2. REPORT OF THE SECURITY AND EMERGENCY SERVICES COMMITTEE: MEEETING HELD ON 2019-05-22

(Page R9)

2.1 Proposal to Transfer Strollers Facility Located at Mansel Road from Human Settlements Unit to Safer Cities Unit for use as Emergency Shelter for Homeless People (22/8/3)

The Strollers Building located at Mansel Road is Municipal-Owned and currently under management of the Human Settlements Unit. The aforementioned Unit has subsequently reached an agreement to transfer the building to the Safer Cities Unit for use as an Emergency Shelter to accommodate homeless people. The transfer is being supported by the Committee. Cognisance has been taken that the upper floor level of the building will be reserved for homeless people, with the ground floor level being used by the Business Support Unit and the eThekwini Municipal Academy for small business support and skills development initiatives.


With the initiative being applauded, and an amendment being made to indicate that the shelter should be a multi-purpose facility,

COMMITTEE RECOMENDS:

2.1.1 That, in compliance with the relevant Municipal processes, authority be granted for the transfer of the Strollers facility located at Mansel Road, presently owned by the Human Settlements Unit, to the Safer Cities Unit to be used as an Emergency Shelter for homeless people and accommodate in particular the vulnerable groups including women; children; and families.

2.1.2 That subject to the adoption of .1 above and in line with the requirements of the Supply Chain Management Regulations, authority be granted for the Acting Deputy City Manager: Community & Emergency Services to advertise and call for proposals with a view to securing a suitable Non-Government Organisations in possession of capacity and resources to operate the Strollers facility as a multi-purpose facility, including a shelter for vulnerable homeless people.

2.1.3 That upon the establishment of the Non-Profit Company (NPC), for use as Special Purpose Vehicle/mechanism to implement projects and programmes linked to curbing homelessness in eThekwini, funds generated through the NPC be utilised towards supporting the Emergency Shelters, including Strollers Building and other related projects.

2.1.4 That the KwaZulu-Natal Provincial Department of Social Development and the Department of Human Settlements be consulted to provide necessary support in the form of institutional subsidy/funding for projects and programmes linked to alleviating homelessness in eThekwini.

2.1.5 That a Business Plan outlining business processes applicable to the Strollers Building and financial implications thereof be submitted to the Finance Unit.

2.1.6 That the operational mandates of the Strollers facility/building be handed over to the Acting Head: Safer Cities so as to immediately align and realise the functions and objectives of the Unit.

ADOPTED

3. UPDATE REPORT ON HEAVY RAINFALL INCIDENT: 22-23 APRIL 2019 (29/2/2/2)

(Page 1)

It will be recalled that Council has previously received an update on heavy rainfalls which have ravaged the City resulting in loss of human lives and damage to infrastructure. The Disaster Management Unit has continued to co-ordinate reports

of damages, hence the submission of this latest update.

Arising from issues of clarity, confirmation has been given that the Disaster Management Unit is currently exploring measures to strengthen systems to monitor potential disaster in a proactive manner. However, that disaster management requires concerted efforts since no amount of readiness would be adequate to cater for natural disaster. That incidents reporting and relief provision should be jointly co-ordinated


by stakeholders and structures existing within the eThekwini Municipal area to obtain a true reflection of the situation on the ground.

The leadership reiterated its appreciation for stakeholder involvement and support by the Provincial Government; Non-Government Organisations; Business Community; Churches; Community-Based Organisations etc. Most importantly, that the working arrangements institutionalized during this disaster period, such as the establishment of “Zonal Champions” should be maintained to be readily available should a need arise to deal with a particular situation.

The critical aspect now was to move with speed with remedial work, in particular, the houses to address the issue of displaced families. That senior management strengthens supervision in this regard with political leadership strengthening oversight in terms of conducting inspections to ensure remedial work is undertaken accordingly.

Given the significance of the climate change and the negative consequence thereof, a stakeholder workshop was recommended to share best practices; contribute expertise; ideas and subsequently put plans in place for climate change management.

With the Committee acknowledging that specific focus is required for disaster prevention measures,


3.1 That Council notes progress report on incidents caused by heavy rainfalls of 21-23 April 2019 and the resultant interim assessment requiring expenditure in the amount of R1 161 587 162.00 (One Billion One Hundred and Sixty One Million Five Hundred and Eighty Seven Thousand One Hundred and Sixty Two Rand).

3.2 That authority be granted for the Municipal Heads of the Units listed in the table below to incur expenditure amounting to the damage of the functions relating to the unit to ensure remedial work is undertaken accordingly.

Department Estimated Costs

Health Unit R 3 000 000.00

Parks & Recreation R 1 800 000.00

Engineering R 405 468 340.40

Human Settlements R 663 308 400.00

Electricity R 19 530 000.00

Water & Sanitation R 60 000 000.00

Metro Police R 3 158 000.00

Disaster Management R 5 322 422.00

Total R 1 161 587 162.00

ADOPTED

4. APPROVAL OF BUILT ENVIRONMENT PERFORMANCE PLAN (BEPP) 2019/20 (21/5/1)


(Page 32)


4.1 That, as per the requirement in terms of Section 14 of the Division of Revenue Bill 2019, Council approves the 2019/2020 Built Environment Performance Plan (BEPP) developed to prioritise and integrate planning of key sectors and co-ordinates budgets for long-term spatial transformation and inclusivity facilitating economic growth and improved service delivery.

4.2 That detailed engagement be undertaken with the relevant Municipal structures with a view to unpack BEPP in detail, integrating key Municipal programmes and preparing for the development of the 2020/2021 BEPP and Budget process.


5. APPROVAL OF MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK 2019 - 2020 (21/5/1)

(Page 53)


That in line with the requirements of the Municipal Systems Act No. 32 of 2000 and the Spatial Planning and Land Use Management Act No. 16 of 2013, Council adopts the revised Spatial Development Framework 2019/2020 developed to guide the desirable spatial distribution of land uses within the Municipality and prioritizes areas for spatial interventions, it being recorded that the SDF is aligned with Provincial and Municipal sector plans and strategies.


6. REPORT ON INVESTMENTS FOR THE PERIOD ENDED 30 APRIL 2019 (1/11/4)

(Page 76)


That the Report on Investments for eThekwini Municipality as at 2019-04-30, which records the total funds of R8 001 million invested at financial institutions at an average rate of return on investments of 7.90%, as submitted by the City Manager, in line with the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.

NOTED

7. BUDGETS 2019/20; 2020/21 AND 2021/22 MEDIUM TERM REVENUE AND EXPENDITURE FRAMEWORK (MTREF) (7/13/1)

(Page 82 of the Main Agenda and Laid on Table the amended Version)


In compliance with the statutory processes, the budget was presented before the Committee in preparation for final approval at Council following the completion of the budget hearings. Confirmation was given that most of the issues raised during the hearings relate to service delivery and that budget provisions have been made for service delivery matters with prioritization to be made where required.

On the issue of tariffs which were regarded high, mention was made that these have been contextualized within the rates set by external bodies including the National Electricity Regulator of South Africa (NERSA) for electricity tariffs and Umgeni Water Board for water tariffs. However, that the City has endeavoured to charge reasonable tariffs with special arrangements having been made to cater for pensioners and indigent people.

Furthermore, the eThekwini Municipality Budget has been assessed by National Treasury and submitted that it is credible, reliable, funded and sustainable over the MTREF in terms of Section 18 of the MFMA. EThekwini Municipality budget is also regarded as competitive when benchmarked with the budgets of counterparts.

Members of the Democratic Alliance (02) voted against the budget as well as (01) Member of Inkatha Freedom Party stating the unaffordability of tariffs and the inability to appropriately allocate funds to certain projects.

With (06) Members of the African National Congress voting in support of the budget given the conscious efforts made to balance the budget and the vetting done by National Treasury as well as the competitiveness of the City,


7.1 That the following resolutions approving the 2019/20 – 2021/22 MTREF of the eThekwini Municipality and its entities tabled in terms of Section 24 of the Municipal Finance Management Act (MFMA), are submitted to the Budget Steering Committee/ Executive Committee for consideration and adjustment where necessary.

7.2 That note be taken of the contents of the budget documentation circulated in accordance with the Municipal Finance Management Act, No.56 of 2003.

7.3 Estimates of Income and Expenditure:

7.3.1 That in terms of section 24 of the Municipal Finance Management Act, 56 of 2003, the annual budget of the municipality for the financial year 2019/20; and indicative allocations for the two projected outer years 2020/21 and 2021/22; and the multi-year and single year capital appropriations are approved as set-out in the following tables of the budget document:

● Budgeted Financial Performance (Revenue and Expenditure by Standard Classification) (Table A2; Page 70)

● Budgeted Financial Performance (Revenue and Expenditure by Municipal Vote) (Table A3; Page 71)

● Budgeted Financial Performance (Revenue by Source and Expenditure by Type) (Table A4; Page 72)

● Multi-year and single year capital appropriations by municipal vote and standard classification and associated funding by source (Table A5; Page 73)


7.3.2 That the financial position, cash flow, cash-backed reserve/accumulated surplus, asset management and basic service delivery targets are adopted as set out in the following tables:

● Budgeted Financial Position (Table A6; Page 75)

● Budgeted Cash Flows (Table A7; Page 77)

● Asset Management (Table A9; Pages 79 – 81)

● Basic Service Delivery Measurement (Table A10; Page 82)

7.4 Municipal Entities:

That the Municipal Entities budget as reflected on pages 275 to 302 of the budget documentation be approved.

7.5 Recapitulation: Valuation of Rateable Property:

That it be recorded that the recapitulation certificate summarising the valuations of rateable property, as certified by the City Valuer, is laid on the table.

The following resolutions, pertaining to property rates (items 8.6 to 8.11) and in conformity with the provisions of Section 14 of the Local Government: Municipal Property Rates Act 6 of 2004 and Sections 17 (3) (a) (ii) and 24 (2) (c) (i) of the Local Government: Municipal Finance Management Act 56 of 2003, be adopted.

7.6 Determination of Rates:

7.6.1 In terms of Section 8 of the Local Government: Property Rates Act, 2004 read together with the Rates Policy, as amended, and to be adopted with the current budget, the Municipality may levy different Rates for different categories of Property.

7.6.2 That the rate randage for the said financial year for the eThekwini Municipality, be and is hereby assessed and levied for the following categories at:

CATEGORY OF PROPERTY2019 Cents in the Rand

2020 Cents in the Rand

2021 Cents in the Rand

Agricultural 0.2986 0.3192 0.3412

Business & Commercial 2.7081 2.895 3.0947

Outside Urban Development Line 1.7672 1.8891 2.0195

Industrial 3.495 3.7361 3.9939

PSI 0.2986 0.3192 0.3412

Residential 1.1944 1.2768 1.3649

Unauthorised/ Abandoned/ Illegal Usage 9.5549 10.2142 10.919


Vacant Land 5.3551 5.7246 6.1196

Agricultural 0.2986 0.3192 0.3412

Sectional Title Registered Real Rights of extension 5.3551 5.7246 6.1196

Mining property 3.495 3.7361 3.9939

Multiple-Use Property will be dealt with in accordance with the Rates Policy.

7.7 Exemptions, Rebates and Reductions:

That the following reductions on the market value of the property and rebates on the rates payable, be and are hereby granted in accordance with the Rates Policy.

7.7.1 Residential Property:

That in addition to the statutory reduction of R15 000, a further reduction of R105 000 be and is hereby approved for property values exceeding R230 000.

7.7.2 Public Benefit Organisations:

That on application and approval, only Public Benefit Organisations listed in Clause 7.5 of the Municipality’s Rates Policy 2019/2020 shall receive an exemption from rates.

7.7.3 Senior Citizens, Disability Grantees / Medically Boarded Persons and Child Headed Households:

7.7.3.1 That in addition to the reduction in 8.7.1 above, a rebate not exceeding R4 373 or such lesser amount as may otherwise be payable, be and is hereby approved for qualifying Senior Citizens, disability grantees / medically boarded persons and child headed households as defined in the rates policy.

7.7.3.2 That it be and is hereby resolved to place a maximum limit of R2 million on the value of the property, in order to qualify for the Senior Citizens rebate in (8.7.3.1) above.

7.7.3.3 That it be and is hereby resolved that a rebate under Clause 7.2.2.4 of the rates policy may be granted to qualifying Senior Citizens who are trustees in a trust, notwithstanding that an independent professional person also holds office as a trustee and does not meet the qualifying criteria.

7.7.4 Life Rights Schemes and Retirement Complexes:

That on application and approval, a 25% rebate be granted to qualifying Life Rights Schemes and Retirement Complexes registered in terms of the Housing Development Scheme for Retired Persons Act 65 of 1988.

7.7.5 Schools Not For Gain:


That a rebate of 50% be and is hereby granted to qualifying schools not for gain.

7.7.6 Bed and Breakfast Undertakings:

That on application and approval a rebate of 50% be granted to all Bed and Breakfast establishments that satisfy the requirements of the Rates Policy, as amended.

7.7.7 Guest House Undertakings:

That on application and approval a rebate of 25% be granted to all Guest House undertakings that satisfy the requirements of the Rate Policy, as amended.

7.7.8 Back–Packer Lodges, Holiday Accommodation and Student Accommodation:

7.7.8.1 That on application and approval, the following rebates shall apply to Back-packer establishments that satisfy the requirements of the Rates Policy, as amended:

a) Where up to 40 beds are available to guests, a rebate not exceeding 50% will apply;

b) Where up to 80 beds are available to guests, a rebate not exceeding 25% will apply;

7.7.8.2 That on application and approval, property let out for the purposes of Holiday Accommodation, be granted a rebate of 64%

7.7.8.3 That on application and approval, property let out for the purposes of Student Accommodation, be granted a rebate of 25%.

7.7.9 Natural and Other Disasters:

7.7.9.1 That on application and approval a temporary rebate of 75% be granted in respect of property damaged by disaster for a period of six months or a portion thereof.

7.7.9.2 That on application and approval, a further temporary rebate of 75% be granted thereafter, for a period not exceeding six months.

7.7.9.3 That the rebate is granted on the category of property prior to damage.

7.7.10 Vacant Land:

That the reduction of R30 000 on the market value of Vacant Land located in the ‘outside the Urban Development Line’, as defined in the amended Rates Policy, be granted.

7.7.11 Properties in the Ownership of the Municipality or Municipal Entities:

7.7.11.1 That all municipal owned properties are exempted from property rates, except for Trading Services and municipal owned properties where the Municipality has entered into an agreement with any person, indicating otherwise.

7.7.11.2 That a rebate of 63% be and is hereby granted to the International Convention Centre in respect of property rates payable to the Municipality.

7.7.12 Nature Reserves and Conservation Areas:


That on application and approval, nature reserves and conservation areas shall be excluded from rates.

7.7.13 Economic Development:

7.7.13.1 Greenfield Developments in Priority Areas:

That on application and approval by Council, all non-residential developments which are located in Priority Areas, as contemplated in the Economic Development Incentive Policy, shall receive a rebate limited to the difference between the Vacant Land rate randage and that of the intended use of the developed land, as envisaged in the Rates Policy read with the Economic Development Incentive Policy.

7.7.13.2 Brownfield Developments in Priority Areas:

That on application and approval by Council, all non-residential developments which are located in Priority Areas, as contemplated in the Economic Development Incentive Policy, shall receive a rebate based on the value of the development as per the table below:

VALUE OF DEVELOPMENT

R (MILLIONS)

PERCENTAGE REBATE ON RATES

0 - 50 15%

51 - 150 25%

151 - 300 50%

301 and above 65%

7.7.13.3 That subject to compliance with criteria contained in the Economic Development Incentive Policy read together, where applicable, with the Rates Policy, all industrial or commercial Brownfield developments which are located outside of Priority Areas, be granted a general rebate for a fixed period of three years, calculated on the value of the additional new investment as follows:

Brownfield Development Outside the Priority Areas

Outside the Priority Areas – Job Creation Rebate Incentive

20%

The rebate becomes effective upon completion of construction and receipt of a valid occupancy

20%

The rebate becomes effective upon completion of construction and receipt of a valid occupancy certificate


certificate

7.7.14 Special Rating Areas:

7.7.14.1 That the existing Special Rating Areas as indicated in Annexure A be and are hereby noted.

7.7.14.2 That in respect of the Special Rating Areas, additional rates, as indicated in Annexure A hereto, be approved and levied (subject to any exclusions or exemptions determined in the Rates Policy) in respect of each category of rateable property within the boundaries of the Special Rating Area.

7.7.14.3 That for the purposes of Clause 9 of the Rates Policy in relation to requirements for the determination of a new special rating area, the total minimum value of the rateable properties within the proposed boundaries of the area, be determined at R400 Million.

7.7.15 Consulates:

That property owned by Consulates be valued and rates be raised and recovered from the Department of International Relations and Co-operation in terms of the Diplomatic Immunities and Privileges Act 2001 (Act 37 of 2001).

7.7.16 Green Certified Buildings:

On application and approval by Council, all non-residential developments which fall within the City, as contemplated in the Green Building Incentive Policy of Council read together with the Rates Policy shall receive a rebate as set out below:

(a) GREEN STAR

Certification Description Incentive/Provision Responsibility

6 Star

Mandatory: 6 Star rating, i.e. over 75 points, with a minimum of 14 points for ENE 1.

Optional additional: 1. 6 points or more for the Socio-Economic Category, and/or

2. 3 points or more for the Innovation Category.

Rebate calculated on property rates tax payable:

Mandatory: 35% reduction.

Optional additional:

1. Additional 3%; and/or

2. Additional 2%.

Revenue Management Unit and Development Planning, Management and Environment Unit.

5 Star Mandatory: 5 Star rating, i.e. between 60 and 74 points, with a minimum of 8 points for ENE 1.

Optional additional: 1.





12 points or more for the Socio-Economic Category, and/or

2. 5 points or more for the Innovation Category.


1. Additional 6%; and/or

2. Additional 4%.

4 Star

Mandatory: 4 Star rating, i.e. between 45 and 59 points, with a minimum of 4 points for ENE 1.

Optional additional: 1. 12 points or more for the Socio-Economic Category.




1. Additional 6%.


(b) EDGE

Certification Description Incentive/Provision Responsibility

Edge

Mandatory: Residential buildings to achieve minimum 20% less energy use (than National Building Regulations), 20% less water use, and 20% less embodied energy in materials, as per the EDGE tool.




7.8 Phasing in of Rates:

7.8.1 That the following phasing in of rates be and are hereby approved subject to Section 21 of The Local Government: Municipal Property Rates Act 6 of 2004:

7.8.1.1 A rate levied on newly rateable property must be phased in over a period of three financial years.

7.8.1.2 A rate levied on property belonging to a Land Reform Beneficiary or his or her heirs must, after ten years from the date on which such beneficiary’s title was registered in the office of the Registrar of Deeds, be phased in over a period of three financial years.

The phasing in discount on properties referred to in (8.8.1.1) and (8.8.1.2) above will apply as follows:


a) 75% in the first year

b) 50% in the second year

c) 25% in the third year

7.8.1.3 A rate levied on newly rateable property owned and used by organizations conducting specified public benefit activities and registered in terms of the Income Tax Act for those activities must be phased in over a period of four financial years, with the following phasing in discounts:

a) 100% in the first year

b) 75% in the second year

c) 50% in the third year

d) 25% in the fourth year

7.9 Flat Service Charge Rate for Formal Properties Valued Below R185 000 and Informal Settlements Where Water and Ablution Facilities Have Been Provided:

That a flat service charge rate be investigated for formal properties valued below R185 000 and those informal settlements where water and ablution facilities have been provided.

7.10 Date of Operation of Determination of Rates:

That this determination comes into operation on 1 July 2019.

7.11 Final Date for Payment of Rates:

7.11.1 Where rates are payable in monthly instalments, such payments shall be in twelve (12) equal or near equal instalments payable 21 days from the date of account.

7.11.2 Where rates are payable annually the final date for payment shall be 31 October 2019, provided that where this date falls on a Sunday or public holiday payment shall occur on the last working day prior to such Sunday or public holiday.

7.12 Administration Charge on Arrear Rates:

That the administration charge on arrear rates as referred to in Section 10.7 of the Credit Control and Debt Collection Policy is determined at 10%. Collection of arrear rates is in accordance with the Credit Control and Debt Collection Policy.

7.13 Interest on Arrears:

That the interest rate to be applied to arrear accounts, shall be the interest rate as prescribed by Regulation 9 of the Municipal Property Rates Regulations, 2006.

7.14 Other Tariffs and Charges:

7.14.1 That other tariffs and charges as circulated with the budget document in terms of Section 24(2)(c)(i) and (ii) be approved for the financial year commencing 1 July 2019.

7.14.2 That the average Electricity Tariff increase of 13.07 % be hereby approved by Council, it being recorded that the proposed Municipal Electricity Tariff guideline is yet to be finalised by NERSA and that any adjustment and revision must be in


accordance with applicable legislation. Accordingly, the impacts of any changes to NERSA’s proposed municipal tariff increase will need to be considered by the Council.

7.14.3 That the average Water tariff increases of 15.0% for residential properties and 15.5% for commercial properties be hereby considered by Council

7.15 Domestic Water Debt Relief Programme:

That it be and is hereby resolved to place a maximum limit of R250 000 on the rateable value of the property in order to qualify for the Water Debt Relief Programme.

7.16 Budget Related Policies:

7.16.1 Rates Policy:

That the Rates Policy, as amended be adopted with the final budget.

7.16.2 Credit Control and Debt Collection Policy:

That the Credit Control and Debt Collection Policy, as amended be adopted with the final budget.

7.16.3 Tariff Policy:

That the Tariff Policy as adopted by Council on 2017-05-31 remains unchanged for the 2019/20 financial year.

7.16.4 Funding and Reserves Policy:

That the Funding and Reserves Policy adopted by Council on 3 May 2010 has been reviewed and remains unchanged.

7.16.5 Budget Policy:

That the Budget Policy adopted by Council on 23 February 2011 has been reviewed and remains unchanged.

7.16.6 Investment Framework Policy and Borrowing Policy:

That the reviewed Investment Framework policy and Guidelines as adopted by Council on 2017-06-28 remains unchanged.

7.16.7 Supply Chain Management Policy :

That the Supply Chain Management Policy is currently under review and the amended policy will be submitted to Council for adoption.

7.16.8 Other Budget Related Policies:

That in terms of Section 24(2)(c)(v) of the Municipal Finance Management Act, 56 of 2003, there are no proposed amendments to any other budget related policies.

7.17 Capital Expenditure Estimate:

7.17.1 That in those instances where information has been provided in terms of Section 19(2)(b) of the Municipal Finance Management Act No. 56 of 2003,


together with project procurement scheduling, the approval of the capital budget constitutes project approval for the specific projects as reflected in the detailed capital budget. It being noted that project budgets will be re-prioritised if departments fail to submit their project procurement schedules.

7.17.2 Where information in terms of Section 19(2)(b) is not provided, specific project approval is to be sought from Council during the course of the year and that approval by Council be given only if the report seeking approval is accompanied by the specific project procurement schedule.

7.17.3 That the capital budget procurement process commences with the approval of the tabled budget.

7.17.4 The spend on the capital budget for the first 6 months of the financial year is targeted at not less than 35%.

7.18 Borrowings to Finance the Capital Budget:

That authority be sought from Council for the raising of appropriate long term debt in terms of Section 46 of the Municipal Finance Management Act No 56 of 2003, to finance in part the municipality’s capital budget over the MTREF period. In this regard authority is sought to raise an amount of R 1.5 billion per annum over the MTREF period. It being noted that the increase of 0.5bn is mainly as a result of the purchases of buses for the rollout of the IRPTN.

7.19 Housing/Hostels Deficit:

7.19.1 That the estimated Formal Housing Deficit of R65.9m for the 2019/2020 financial year be met from the Rate Fund.

7.19.2 That the estimated New Development Housing and Hostels deficit of R458.1m be funded from the Rate Fund.

7.19.3 That appropriate interventions be escalated by the Executive Committee including, inter alia, the phased introduction of economic rentals, the constructive engagement of the Provincial State Authorities to secure additional funding and strategies to reduce electricity and water consumption.

7.20 New Functions/ Services:

That no new functions or service be introduced without specific approval thereto by the Council after full consideration of the effect thereof on the Council’s Budget. In addition the budgets pertaining to new functions or services can only be approved in principle and thereafter would have to be prioritised in terms of the Integrated Development Plan together with all other submissions that have been received.

7.21 Measurable Performance Objectives:

That in terms of Section 24(2)(c)(iii) of the Municipal Finance Management Act No. 56 of 2003, the measurable performance objectives for capital and operating expenditure by vote for each year of the medium term revenue and expenditure framework as set out in Table SA7 (Page 150) be approved.

7.22 Integrated Development Plan (IDP):

That the draft reviewed Municipality’s Integrated Development Plan (IDP) was tabled with the budget in terms of Section 17(3)(d) of the Municipal Finance Management Act No.56 of 2003, it being recorded that the annual review process as


prescribed in terms of Section 34 of the Municipal Systems Act, is continuing and that report to the Executive Committee will be submitted on completion of the consultative process.

7.23 Particulars of Investments:

That in terms of Section 17 (3) (f) of the Municipal Finance Management Act No. 56 of 2003, particulars of the Councils investments are reflected in Tables SA15 – SA16 (Pages 160 – 161).

7.24 Remuneration of Councillors and Senior Officials:

That in terms of Section 17(3)(k) of the Municipal Finance Management Act No.56 of 2003 that the proposed cost to Council of the salary, allowances and benefits of each political office bearer, councillor and senior officials of the municipality and its entities, is reflected in Table SA23 (Pages 171 ).

7.25 Unfunded Mandates :

That the Council make representation to the Provincial and National Government regarding unfunded mandates presently undertaken by the Municipality with a view to securing funding for those services. The cost of unfunded mandates is set out hereunder:

R’ m

Libraries 434.6

Health – other than municipal health services 367.2

Museums 92.0

Housing: New Development and Hostels 458.1

Formal Housing 65.9

1417.8

7.26 Impact of Housing Expenditure on the Cash Reserves:

7.26.1 That Council makes further representation regarding expenditure incurred in previous years by the municipality amounting to R4.07 bn for the construction and provision of housing done on an agency basis on behalf of the KZN Department of Human Settlements (KZN DOHS) in order to finalise the approval in principle that was made that USDG funds could be utilised over a five year period subject to Council committing expenditure of the same amount on Human Settlements related infrastructure.

7.26.2 In addition, in order to avoid the cash reserves dropping below prudent levels that could negatively impact our good credit rating, the municipality only implement KZN DOHS approved housing projects and implementation (incl. invoicing and


submission of claims to KZN DOHS) of these approved projects to be in line with the approved KZN DOHS budget and cash flows.

7.27 Expenditure Control, Austerity Measures & Tariffs in the Current State of the Economy:

7.27.1 That in view of the current economic climate further austerity measures be considered and that all departments review their expenditure and ensure that Council is getting best value for all expenditure.

7.27.2 That in view of high water, sanitation and electricity increases the price elasticity be closely monitored as there has been decreasing volumes of sales over the past five financial years and the sustainability of these services need to be closely monitored. Tariff structures as well as alternate sources of revenue need to be considered together with the improved effectiveness of spend.

7.27.3 That the recommendations by the independent consultant on security costs be urgently implemented.

7.27.4 That overtime and outsourcing of services as well as higher of equipment be critically evaluated as per city manager circulars Dated 28 February 2019.

7.27.5 That all vacant posts be evaluated ito need to fill on an absolute necessary basis ,refer CM circular 04/2019.

7.27.6 That the operating model for the IRPTN be urgently considered as the current projected deficits cannot be met from property tax.

7.27.7 That the EPWP spend is reviewed taking into account the outcome of the audit currently underway and key interventions put in place to drive the expenditure down to the grant amount.

7.27.8 That NT circular no 82 be strictly adhered to iro cost containment with regard to travel, entertainment eventing ,etc .

7.27.9 That Manager’s closely monitor the use of council vehicles and ensure that all trips are justified and in the best interest of council.

7.27.10 That urgent interventions be put in place to improve the collection rates in hostels and that appropriate sanctions be considered to enforce payment.

7.27.11 That all reports to BAC include a section on the benchmarking of the most responsive tender and that any Tender that is above the market rates be justified.

7.27.12 That the SCM unit also introduce benchmarking of prices on all good and services that are procured for less than R 200 000 and that a motivation be provided for the acceptance of any quote that is more than the bench mark rate.

7.27.13 That all departments need to expedite the outstanding disciplinary proceedings as the Auditor-General has raised the issue of consequence management in the last three audits

7.27.14 That a zero tolerance approach to irregular, fruitless & wasteful, and unauthorised expenditure be enforced.

7.27.15 That Department’s look at opportunities for rationalization of services and elimination of duplication.


7.28 Free Basic Services:

7.28.1 That the Free Basic Services Package as set out on page 98 is approved for the budget year 2019/2020.

7.28.2 That in view of the sustainability of providing free basic services a flat rate for services be considered as a matter of urgency

7.29 Off Balance Sheet Financing:

That approval in principle be granted for alternate financing options/models to be considered, incorporating but not limited to Sect 33 (Contracts having future budgetary implications) of the MFMA type arrangements, to finance major infrastructure works requiring significant capital sums over several years where risks and rewards are equitably shared between the municipality and its chosen partner/s. Each specific project will be submitted to Council for consideration.

7.30 Catalytic Projects:

7.30.1 In keeping with National Treasury’s directive to stimulate the economy, grow the rates base and create jobs, the City is considering the implementation of several catalytic projects, subject to these projects having a favourable return on investment (ROI).

7.30.2 That Council supports these projects in principle and that whilst initial funding has been provided for feasibility studies, further funding be sourced during the year as and when the projects are ready for implementation.

7.31 Food Aid Programme (Soup Kitchens):

That the engagement of faith-based organisations and NGO’s to assist the municipality in its food aid program by adopting soup kitchens be investigated and where considered necessary a grant in aid be provided. It being noted that a provision of R 87.7 million has been budgeted for to increase the number of soup kitchens from 74 to 92.

7.32 Hostel Collections:

That the Council supports the installation of prepaid electricity and water meters for individual hostel units using the 50/50% principle inclusive of the payment of rentals, in view of the low hostel debtors collection rate of 5%.

7.33 Meter Reading Strategy:

7.33.1 That the Electricity and Water Units finalise their strategy on the replacement of electricity and water meters. It being noted that the Electricity Unit is currently in the process of finalising an implementation plan for all electricity meters to be smart by 2026. A similar implementation plan needs to be developed by the Water Unit.

7.33.2 That the feasibility of combining the electricity and water meter reading services be investigated.

7.33.3 That quarterly reporting on progress on these issues be submitted to EXCO

7.34 Destination Marketing Programmes:


7.34.1 That Council approves the hosting of the destination marketing programs as budgeted for and indicated on Annexure B.

7.34.2 That authority be granted to the City Manager to negotiate benefits and rights to leverage the destination and profile Durban with the organizers.

7.34.3 That authority be granted to the City Manager to conclude contracts with the owners in terms of the partnership investment.

ANNEXURE A – 2019/20

ADDITIONAL RATES LEVIED ON SPECIAL RATING AREAS (8.7.14 REFERS)

Special Rating Areas Residential

Business & Commercial

Industrial

Vacant Land

Agriculture

Unauthorised/ abandoned

Public Service Infrastructure

a) Precincts bordered by Monty Naicker, Dorothy Nyembe, Anton Lembede and Dr Yusuf Dadoo Streets. (CBD Precinct)

0,001911

0,004332 0 0 0

b) Precinct bordered by Soldiers Way, Dr AB Xuma Road, Florence Nzama Street and Bram Fischer Road. (North East Business Precinct)

0 0,000608

0,000785

0,001203 0

c) Precinct bordered by Dorothy Nyembe Street, Margaret Mncadi Avenue, Beach Walk and Anton Lembede Street. (North East Business Precinct)

0 0,000608

0,000785

0,001203 0

d) Precinct bordered by Soldiers Way, Bram Fischer Road, Sylvester Ntuli, KE Masinga and Archie Gumede (Place) Roads. (North East Business Precinct)

0 0,000608

0,000785

0,001203 0




Industrial

Vacant Land

Agriculture



e) Precinct bordered by OR Tambo Parade, Dr Pixley KaSeme Street Mall, Rutherford and Gillespie Streets (South Beach Precinct).

0,002259

0,005121

0 0,010126

0

f) Umhlanga Promenade Precinct bordered by Ocean Way (South), Lot 430 (North), Lagoon Drive (West) and the Indian Ocean (East).

0,001164

0,002639

0 0,005219

0

g) Precinct bordered by Burlington Road, Burlington Drive, Nagel Road, Windsor Road, Midmar Road and Henley Road.

0,002962

0,006717 0 0,01328

10 0 0

h) Umhlanga Village Precinct bordered by Flamingo Lane, Ocean Way, Lagoon Drive,McCauland Crescent, Weaver Crescent and the Ruth First Highway.

00,002897 0 0 0

i) Giba Gorge bordered by N3 Highway (South), Reservoir Road, Jan Smuts Avenue, Galloway Lane, Mountbatten Place, Alexander Drive, King Cetshwayo Highway (East), Portion 157 of Clifton (North) to Saint Helier Road (West)

0,000428 0 0 0,00191

80,000107

j) Maytime Community bordered by M13 Highway, Woodside Avenue, Haygarth Road, Abrey Road, Msonti, Quilhall Lane, Alexander Avenue, Mtonbi and Victory Road.

0,002701

0,006124

0 0,012109

0




Industrial

Vacant Land

Agriculture



k) Area consisting of the length of Florida Road, from Lillian Road to Mitchell’s Park, including properties on both sides of Florida Road.

0,0083 0,010712

0,016413

0 0

l) Westville Perth West Area bounded by Glencairn Close in the West, Stanley Teale Road in the South, Robert Herrick Avenue in the North and the eastern boundary consisting of Linford Place and Drayton Place in Westville

0,003948 0 0,00394

8

0

m) Glenwood area bounded by Helen Joseph Road, King Dinuzulu Road, Berea Road, Turners Avenue, Che Guevara Road, Moore Road, Clark Road and Bulwer Road.

0,004505

0,005813

ANNEXURE B

DESTINATION PROMOTION PARTNERSHIPS PROGRAMS

Profile and Motivation

1. Durban Beach Extravaganza

July Promotes and provides nautical and aqua sport entertainment experience during holiday season along the Beachfront. It also has a knowledge empowerment element for the students interested in aqua sport that feature as sport tourism experience.

2. Joyous Celebration July/ August Biggest Gospel show attracting high LSM from various parts of South Africa. It has a countrywide roadshow and the brand has




huge following locally and beyond Durban.

3. South African Music Conference ( SAMC)

July Utilization of local talent to promote music that highlights Durban lifestyle. The conference discusses the commercialization of local music. Exhibition of Durban emerging talent utilizing township lounges.

4. Township Tourism Experience and Promotion in across all the townships in the eThekwini Municipality

Various Periods of the Year

This is a robust destination promotion of the townships in Durban during in various seasons of the year to promote township tourism. This is through leisure, culture heritage, Township Lifestyle experience with a huge economic impact to the business in townships and also destination exposure through the hosting of stakeholders in the familiarization trips in various township tourism products such as Max’s Lifestyle, Eyadini, Aritizens lounge, Magaba Lounge and many other products.

5. Jazz in July July This is an entertainment and leisure experience that happens with the Durban July festivities but a day after (Sunday) the main Durban July main race. It attracts another targeted visitor’s audience that love the jazz genre and it extends the length of stay for the visitors in Durban during the Durban July festivities.

6. Sports Tourism Various period of the year

Durban also position itself a premium leisure and sporting destination hence the partnership with various sporting codes organizations is paramount to help promote the sporting tourism. The sports tourism promotion is through the hosting of various local national and international tournaments in Durban’s world class sporting facilities like Moses Mabhida Stadium. These sporting codes will range from aqua sport, soccer, rugby cup tournaments and many more. Sports tourism attracts a large number of national and international visitors comprising of the athletes, accompanying friends and relatives of the athletes and spectators. Sports tourism also affords the destination a huge media exposure for destination promotion and brand exposure.

7. The Vodacom Durban July

July Vodacom Durban July in an annual race horsing event that takes place on first weekend of July at the Greyville Racecourse. It offers a variety of activities taking place such as fashion, music and entertainment and also a showcase of Durban lifestyle. This is Africa’s greatest horse racing event that is witnessed by just over 56 000 people and it one of the City’s mega events. It draws a number of visitors to the city, which in turn generates substantial revenue for the City in turn boosting the economy. The financial and service support given to this event is substantially outweighed by the amount of socio economic impact received from visitors, their spending and destination exposure value received by the City. The event also generates extensive media coverage pre, during and post event. The coverage received from this event includes the




repetitive use of the Durban in the event name which in turn generate extensive total coverage that converts to stimulating potential visitor interest to visit the destination.

The occurrence of this event has become a spring board for establishment of new SMME’s and significant growth of existing businesses as it attracts a lot of visitors into the City. The business development ranges from business within the urban and Township areas whereby the livelihoods of the various communities are economically transformed. These visitors arrive with a plan of getting maximum leisure, sporting and lifestyle tourism and they extensively spend till the Monday after the Vodacom Durban July weekend.

The City’s participation is in 3 components:

a) The destination promotion leveraging through destination promotion partnership.

b) The Durban Tourism brand and destination activation at the Vodacom July. This is through the hosting of national and international key strategic stakeholders which includes Tourism trade (from tour operators to tourism buyers), media, Captains of industry and influencers in the tourism destination promotion space.

c) The Durban July Local fashion talent development through the partnership with Gold Circle a components of the Durban Fashion Development Programme

8. Imbokodo Jazz Festival

August In line with the women economic empowerment in the women’s month, this is a programmer that completely has women feature in it This is from the planning, management, artist performance as well as the provision and oversight of the event technical logistics. The unique offering attracts domestic visitors into the City to experience leisure tourism.

10. Township to Township Marathon

September An annual qualifier marathon that alternates each year between KwaMashu to Umlazi. As the marathon happens, the local communities gate business opportunities brought in by this marathon from the spectators. There is also a township promotion brought benefited through the marathon route in exposing what the township has to offer hence stimulate culture and heritage tourism.

11. Shisanyama Festival September This program takes place during the heritage month and it brings together diversity, fashion, art & craft and food particularly the shisanyama experience at is predominantly in




the townships. It is also a platform to recognize and acknowledge the various township based shisanyama restaurants that are predominantly owned by African emerging businesses. This also gives them exposure at this festival and the diverse ethnic groups get a taste their cuisine.

12. House and Garden Show

October Promoting and taking Township Kasi Lifestyle Pavillion for music, food, furniture SMME’s during this packed show across all demographics.

13. Umlazi Jazz Festival November Umlazi Jazz is a budding Jazz event that aims to increase tourist traffic to Umlazi by introducing a genre specific event. The event works with the township products to promote the destination and event.

14. INKHop Festival November Promotes the Inanda route and tourism products in KwaMashu by staging various activations. It also provides information economy by staging an artist development workshop. The event has an element that focuses on health and safety awareness during the festive season.

15. Amambazo November Specializes in producing and marketing world class theater productions. The company is a brainchild of Professor Joseph Shabala aimed at preserving South African arts and culture through quality stage musical productions. The company boasts with the expertise of personnel of high caliber and stature

16. Crown Gospel Awards November An annual gospel awards ceremony that attracts a large number of gospels followers across the country and beyond South Africa to converge to Durban.

17. Umnini Extravaganza December The event promotes Umnini Dam as a tourism product in the South region and ability and flexibility to host mega events.

18. Durban Christmas Street Lighting Festival

December This is a signature programme that will happen over two weeks of the start of the festive season. It will be happening after the City’s Festive and Management Committee (FEMAC) launch in and around the City with an objective of promoting the culture and heritage tourism attractions within the City center in alignment with the City’s urban renewal programme. It will start with Christmas Carols and various Christmas visitors’ entertainment while showcasing the City’s attractions like museums, City tours etc as well as well as the street festival including the Christmas lights and tree lighting festivities.

19. Durban New Year’s Eve Festival

December As part of the promotion of the beach front as one of Durban’s natural tourism attraction, a New Years’ eve festival will be




staged at the Durban beach front. This happens from midday till just after midnight to give visitors a viable entertainment ambience through a big fireworks display. It is also to create a hype within the beachfront for all the visitors in Durban to disperse to the beach front.

20. Inkasi Experience December This event enables attendees to experience the Inanda route and the INK area through music and entertainment.

21. Africa Youth Music Festival

December An event facilitated by an NGO to celebrate young talent within the space of music. The NGO is strictly youth and creates platforms for youth to participate in government programs and engage with government.

22. Good Sundae December Good Sundae is a lifestyle program where city trendsetters gather in one venue to enjoy the countries best hip hop acts. Good Sundae has made daytime/night time partying on a Sunday a culture for the past 4 years. Good Sundae boasts and attendance of between 3000 and 5000 with the December programs being the most highly attended. The program primarily attracts the 18 – 35 age group. The program is always themed which attracts more numbers.

23. Durban Underground December An annual Christmas Day program that celebrates Durban artists and offers Tourist an entertainment and fun experience during Christmas day.

24. Durban Braai Day December This is a first time program that envisages to attract 8000 - 12000 attendees to take place at the MMS Peoples park. It will be giving the visitors and locals an additional desired lifestyle tourism experience with the vibrant entertainment and great ambience in the festive. The braai day is characterized as a family fun day which allows the visitors to travel as a collective family at all times during the festive season. This program is also platform to drive the campaign of youth against crime during the festive season.

25. Durban Beach Festival December It is an extravaganza that offers a multiple entertainment package at the beach front for the whole family. It also affords a platform for local artists’ development through performance after a series of road show recruitments.

26. Durban Jazz Festival December Biggest program in South Africa during the festive season taking place on 26 December. Strategic hosting of stakeholders.

27. Ingoma Cultural Zonal Festival

December and January

Promotes cultural social cohesion, traditional dance competition and ethnic pride. This is also an appealing attraction to the tourism and it showcases the culture and heritage of the people of Durban and KwaZulu-Natal which is




of great interest to tourists.

28. KwaMakhutha New Years

December A youth owned event from the local area of KwaMakhutha. The event aims to participate in tourism by building a footprint by encouraging visitors to the townships through events. The event is an event that empowers 100% youth through the supplying of service, entertainment, food and beverage supply.

29. Woz’ eDurban Picnic

Program Partnership and Destination promotion and leveraging

January Attracts high LSM from Gauteng and other provinces to come to Durban during the Festive Season. It renders an opportunity to local entertainment artists targeting hotel visitors to experience various option.

30. Gospel All Stars December This is a gospel concert that is staged in commemoration of ending the year. It has a great following of lovers of the gospel genre who are then attracted a visitors. It is also a performing platform for emerging gospel artists who are afforded exposure.

31. Metro FM Music Awards (MMAs) and MMAs Public Viewing Area (PVA)

February Music awards owned by the biggest commercial Radio Station. The Partnership seeks to yield the robust promotion of the destination through the radios leadership and also leverage on the media muscle that Metro FM has.

32. Lions of Zulu UK tour February This is a United Kingdom tour by local group of African artists in promoting the Durban destination in the UK. It entails performances in various schools and community shows that promote the destination. They have in the past also had engagements with the various local leadership of the City’s in the UK.

33. Lovers and Frinds February This is a leisure program for visitors for the month February as the month of love. This is part of the Durban Summer love campaign that runs from September to March and visitors come in the month of love to celebrate their love in Durban.

34. Endless Summer Experience

March Endless Summer Experience is an event that boasts that destination and the various ongoing campaigns from Durban Tourism and endless summer in Durban

35. Youth in Tourism Development and Youth Tourism Experience Promotion.

Various periods of the Year

This is a youth developmental program aimed as empowering youth through the tourism sector as aligned to the radical economic transformation. It will happen through various activations and programs that are run and owned youth within the Durban Area including townships. The aim is to develop young program organizers in various platforms to support youth as they showcase the various talent of the youth in music and also afford the various economic development opportunities to the youth of eThekwini.




36. Durban Picnic Day Annually Easters Weekend

A family orientated event that provides the Durban visitors some entertainment during Easter weekend as they visit Durban. The day is also characterized as a family fun day which allows the visitors to travel as a collective family at all times during the festive season. It also affords a platform for local artists to perform on stage hence getting exposure and promoted social cohesion and is converges Durban’s cultural diversity population in one event.

37. Tour Durban Cycle April A cycle race within Durban of exposing the various attractions of the City. This destination exposure is through the attraction of cycle lovers and mass media exposure.

38. Zakifo Music Festival May Zakifo is a music festival that brings the world’s biggest international musicians to Durban. The event has a diverse and eclectic program ranging from pop to reggae and world music as well as indigenous sounds from Africa and the Indian Ocean Islands. The event boasts an innovative urban festival concept

39. Iron Man June IronMan is an international triathlon with a half marathon taking place in Durban. The event boasts participants of a high LSM. The event is a gruelling swim, run and cycle event that has a spectacular public participation as spectators.

40. Comrades Marathon June This is an international marathon that attracts thousands of athletes from around the world. The destination exposure is through the live media broadcast, post media coverage, activations culminating to the marathon and on the day as well as the accompanying relatives of the athletes into Durban.

TOTAL BUDGET OF R 34 893 730 PER ANNUM OVER THE MTREF PERIOD.


8. APPROVAL OF FINAL DRAFT 2019/2020 INTEGRATED DEVELOPMENT PLAN (IDP) (2/10/1/1/9)

(Page 98 and Letter circulated separately)


That Council adopts the 2019/20 Integrated Development Plan (IDP) of the eThekwini Municipality reviewed in line with the requirements of the Municipal Systems Act No 32 of 2000 to facilitate inclusive transformational and developmental issues within the eThekwini Municipal area, and it being recorded


that inputs received from stakeholders have been taken into account in finalizing the IDP.


9. REVIEW OF ELECTRICITY TARRIFS 2019/2020 (7/6/1/2)

(Page 103)

With the Democratic Alliance (02) and Inkatha Freedom Party (01) voting against and the African National Congress (06) voting in support,


9.1 That Council of the eThekwini Municipality resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that with effect from 2019-07-01 the tariffs set out in Annexure A and Annexure B of the report 2578 compiled by the Head: Electricity Unit dated 2019-05-13 will be levied.

9.2 That subject to the adoption of .1 above, the City Manager be directed to comply with the provisions of Section 75A 3 and 4 of the said Act.


10. INTERGRATED DEVELOPMENT PLAN (IDP) 2018/2019 MID TERM AMENDMENTS TO THE ORIGANAL SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN (SDBIP) (2/10/1/1/9)

(Page 139)


That Council adopts corrections made to the Integrated Development Plan 2018/19 mid-term amendments in relation to Plans 1; 2; 3; 4; 6A and 6B to ensure accurate reporting in this regard.


11. PROGRESS REPORT ON REQUEST TO BORROW R1.0 BILLION FOR CAPITAL PROJECTS (7/3/1/1/2)

(Page 151)

Council initiated a process required to borrow funds for capital projects. The process has since been concluded and this is a final submission confirming the finalization of the process to raise the loan with Nedbank. The National Treasury and the KwaZulu Natal Provincial Treasury have been consulted accordingly in this regard.

Members of the Democratic Alliance (02) reiterated their vote on this matter as they were against the raising of the loan of this nature. A Member of Inkatha Freedom (01) Party voted against the matter and requested copies of the correspondence received from National and Provincial Treasury on this matter.

Members of the African National Congress (06) supported the matter as they were satisfied that necessary formalities have been complied with.

Accordingly,



11.1 That approval be granted to the raising of the long term debt of R1.0 Billion from Nedbank to finance capital expenditure as set out in the approved Medium Term Revenue and Expenditure framework for 2018/2019- 2019/2020 on the Terms and Conditions as set out in the Loan Agreement.

11.2 That subject to the approval of .1 above, the City Manager be authorized to sign the loan agreement.

11.3 That subject to .1 and .2 above the Deputy City Manager: Finance be authorized to sign any and all documents, notices and request for disbursement in relation to this loan.

ADOPTED

12. BUDGET STATEMENT REPORT FOR THE MONTH ENDED 30 APRIL 2019

(Page 211)

Confirmation was given that the issue of the Tansnat debt was being dealt within terms of the adjudication process as per the decision taken previously and the process will be followed to obtain an update and report accordingly.


That the Budget Statement Report for the month ended 30 April 2019, submitted in compliance with Section 71 of the Municipal Finance Management Act (MFMA) and in terms of Government Notice 32141 dated 2009-04-17, relating to the Local Government: Municipal Finance Management Act 2003 and the Municipal Budget and Reporting Regulations, be noted.

ADOPTED

13. DURBAN CHAMBER OF COMMERCE AND INDUSTRY- CITY PARTNERSHIP PROJECTS

(L 9)

Members of the Democratic Alliance abstained on this matter and stated that a need existed to determine the rationale behind approving financial support to the Durban Chamber of Business. They were of the view that the activities the Chamber is committing to could be undertaken internally by the Economic Development Unit, hence the funds could be used to supplement the budget of this Unit.

With the majority supporting additional expertise for investment promotion,


13.1 That Council approves partnership between eThekwini Municipality and the Durban Chamber of Commerce and Industry (DCCI) to drive investment and development in the City of eThekwini.

13.2 That subject to the approval of .1 above, authority be granted to the City Manager to conclude and sign a Memorandum of Agreement (MOA) with DCCI to give effect to the above.


13.3 That subject to the approval of .1, authority be granted to the Deputy City Manager: Economic Development and Planning, in terms of Section 67 of the Municipal Financial Management Act (MFMA) and in accordance with the MOA, to disburse funds to DCCI amounting to R3 440 000.00 (Three Million Four Hundred and Forty Thousand Rand), excluding VAT, to undertake the partnership projects.

Business Unit

Item Item Subset

Fund Costing Project Region Expenditure Proposed (vat incl.)

Financial

Year(s)

91000 25030 17 12120 0000 38886 0010 R506 666.66 2018/2019

91000 25030 17 12120 0000 38886 0010 R933 333.34 2019/2020

26103 25030 17 12120 0000 38840 0010 R1000 000 2018/2019

26103 25030 17 12120 0000 38840 0010 R1000 000 2019/2020

Total R3 440 000

Vote Numbers: 91000.25030.17.12120.0000.38886.0010 (FC 2019/18/74)

26103.25030.17.12120.0000.38886.0010 (FC 2019/18/60)

ADOPTED

REPORT OF THE MUNICIPAL PUBLIC ACCOUNTS COMMITTEE: MEETING HELD ON 2019 - 05 - 22

The Work Programme of the Municipal Public Accounts Committee, as indicated in its aforesaid Report, was ADOPTED.

APPLICATIONS FOR LEAVE OF ABSENCE (3/4/2)

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


COUNCILLORSCouncillor MA Ally : Request to leave at 15:15Councillor MB Brauteseth : 2019-05-29 (Indisposed)Councillor TJT Cibane : 2019-05-29 (Personal Commitments)Councillor R Cloete : 2019-05-29 to 30 (Indisposed)Councillor S Govender : 2019-05-29 to 30 (Indisposed)Councillor P Graham : 2019-05-28 to 30 (Personal Commitments)Councillor RC Hlophe : 2019-05-29 to 30 (Municipal Business)Councillor NL Khuzwayo : 2019-05-29 (Municipal Business)Councillor CB Langa : 2019-05-28 to 31 (Indisposed)Councillor TN Mabanga : Request to leave at 15:00Councillor BA Mkhize : 2019-05-29 (Indisposed)Councillor SE Mhlongo : 2019-05-29 (Indisposed)Councillor NE Mthembu : 2019-05-29 (Indisposed)Councillor BD Naidoo : Request to leave at 13:00Councillor BS Ngcongo : 2019-05-28 to 29 (Indisposed)Councillor S Ngema : 2019-05-29 to 30 (Indisposed)Councillor TT Ngubane : Request to leave at 15:15Councillor BP Phungula : 2019-05-18 to 26 (Indisposed)Councillor JP Prinsloo : 2019-05-29 (Personal Commitments)Councillor S Ryley : 2019-05-29 (Personal Commitments)Councillor A Shaheed : Request to leave at 13:00Councillor PN Sikhosana : 2019-05-29 (Indisposed)Councillor PS Sishange : 2019-05-29 (Personal Commitments)Councillor C Xesibe : 2019-05-29 (Personal Commitments)Councillor BM Zulu : 2019-05-29 (Personal Commitments)

AMAKHOSIInkosi V Cele : 2019-05-29 (Personal Commitments)Inkosi NC Maphumulo : 2019-05-29 (Personal Commitments)Inkosi S Mlaba : 2019-05-29 (Personal Commitments)

City Administration: Secretariat28 March 2019

Documents

Minutes and Decisions/Co… · Web viewKindly note that the word ADOPTED" marked in bold at the end of the recommendation confirms that the item has been approved by Council and