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- 31 -(eThekwini Municipality

Council Decisions - 2016-05-04)

KRR(2016-05-04)(SAM)[CHALL-137392]2016-05-06

COUNCIL DECISION CIRCULAR : MEETING HELD ON 2016-05-04

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2016-05-04.

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.

1.FIRST REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2016-04-19

1.1REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD ON 2016-04-05

(Page R1)

1.1.1Nomination of eThekwini Municipality by KZN COGTA to Participate in COGTA EPWP Waste Management Programme (4/3/5/1):

(Page 23: Human Settlements and Infrastructure Committee - Agenda 2016-04-05)

The Executive Committee has been advised that reservations have been raised at the Human Settlements and Infrastructure Committee meeting regarding the wages of the Expanded Public Works Programme (EPWP) not being market-related or aligned to a minimum wage. It was stated that the matter has been approved subject to the Department of Co-operative Governance and Traditional Affairs (GOGTA) being invited to give a presentation to the Committee.

Thereafter,

COMMITTEE RECOMMENDS:

1.1.1.1That the eThekwini Municipality participate on the COGTA EPWP Waste Management Programme as requested by the KwaZulu-Natal Department of Cooperative Governance and Traditional Affairs.

1.1.1.2That the KwaZulu-Natal Department of Co-operative Governance and Traditional Affairs be accommodated to present the programme during the month of February2016.

ADOPTED.

1.1.2Proposed Public Private Partnership: Operation of New Wastewater Works for Umdloti and Umkomaas and Upgrade of Tongaat WWTW WS 2015/098 (23/1/11/2/1/2):

(Page 25 : Human Settlements and Infrastructure Committee - Agenda 2016-04-05)

The Executive Committee noted that the Democratic Alliance was not in support of the recommendations on the basis that they would discuss the matter with the Party Caucus in the first instance and the


1.1.2.1That the City Manager be hereby authorised to notify National and KwaZulu-Natal Provincial Treasury of its intent to initiate processes in terms of the Municipal Public Private Partnership (PPP) Regulations, to assess the suitability of a PPP for the Operation and Maintenance of the new Wastewater Treatment Works for Umdloti and Umkomaas and the Upgrade of Tongaat Waste Water Treatment Works, which processes could entail conducting a feasibility study and to register said projects with the National Treasury PPP Unit.

1.1.2.2That the Head: Water and Sanitation be authorised to appoint, if necessary, a suitably qualified internal Project Officer in terms of Section 7 of the Municipal Public Private Partnership Regulations and appoint a Transaction Advisor to undertake a feasibility study.

1.1.2.3That the Head: Water and Sanitation be authorised to apply to the Project Development Facility (PDF) of National Treasury for funding to defray expenses of the project.

1.1.2.4That the findings and recommendations of the feasibility study carried out by the Transaction Advisor be presented to the Council.

1.1.2.5That the Head: Water and Sanitation be authorised to take any other action necessary and desirable in order to effect this resolution for the Council to be provided with all relevant information In relation to the provision of said Municipal Services.

1.1.2.6That the decision on designing and procuring the contract will be made based on the report of the Transaction Advisor.

1.1.2.7That the report is only intended to appoint the Transaction Advisor to carry out the feasibility study and subsequently make the necessary recommendations.

Vote No.: Y6225R1 754800.00(Provided in 2015/16 Capital Programme)

R8 000000.00(Provided in 2016/17 Forward Capital Programme)

FC No.: 33/C

ADOPTED.

1.1.3Review of Sundry Water Tariffs for 2016/2017: WS2016/013 (7/6/1/2):

(Page: Human Settlements and Infrastructure Committee - Agenda 2016-04-05)

The Executive Committee noted that the Democratic Alliance was not in support of the recommendations.

Thereafter


1.1.3.1That Council resolves in terms of Section 75(a) of the Local Government Municipal Systems Act 2000 (Act 32 of 2000) that with effect from 2016-07-01, the tariff set out in Annexure A of the report WS2016/013 of the Head: Water and Sanitation dated 2016-01-25 be levied with effect from 201607-01, in respect of the Supply of Sundry Water Services.

1.1.3.2That subject to the adoption of .1 above, the City Manager be directed to comply with the provisions of Section 75(a) (3) and (4) of the Local Government Municipal Systems Act 2000 (Act 32 of 2000).

ADOPTED, by the majority vote

1.1.4Proposed Sale of Proposed Portion [A] of Erf 29 and Erf 209 both of Phoenix Industrial Park: Aberdare Drive, Phoenix (17/2/1/2/3):



1.1.4.1That the eThekwini Municipality declares in terms of 14(2)(a) and (b) of the Municipal Finance Management Act 56 of 2003 that:-

1.1.4.1.1The properties described as portion [A] of Erf 29 and Erf 209 both of Phoenix Industrial Park, Aberdare Drive, Phoenix are not required for providing minimum level of basic Municipal Services; and

1.1.4.1.2The open market value of the properties is currently assessed at a value of R7100000.00 (Seven Million One Hundred Thousand Rand), exclusive of VAT, and that the economic and community values have been considered.

1.1.4.2That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy, read in conjunction with Regulation 7 of the Municipal Assets Transfer Regulations, Proposed Portion [A] of Erf 29 and Erf 209 both of Phoenix Industrial Park, Aberdare Drive, in extent approximately 2.0158Ha as depicted on Plan No. SH9664A be sold in freehold by private treaty to Phoenix Industrial Park Lot Owners Association (Registration Number 80/08824/08) at a price of R7100000.00 (Seven Million One Hundred Thousand Rand), exclusive of VAT, such purchase price reflecting the current market value of the land as assessed by a registered Valuer.

1.1.4.3That proposed Portion [A] of Erf 29 and Erf 209 both of Phoenix Industrial Park are subject to numerous services and therefore a Sewer and Drain, Watermain and Electric Cable Servitude must be registered over the entire area to be alienated. This condition will be incorporated into the Sale Agreement and registered as servitudes against the Title Deeds of the affected properties.

1.1.4.4That in the event of objections being lodged to the proposed disposal of Proposed Portion [A] of Erf 29 and Erf 209, both of Phoenix Industrial Park, in extent approximately 2.0158Ha as depicted on Plan No. SH 9664A, the matter be referred for Resolution in terms of Section 50 of the Supply Chain Management Policy headed Resolution of Disputes Objections, Complaints and Queries.

1.1.4.5That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in terms of Section 36(i)(a)(v) of the Supply Chain Management Regulations in order to formally sell Proposed Portion [A] of Erf 29 and Erf 209 both of Phoenix Industrial Park, in extent approximately 2.0158Ha as depicted on Plan No. SH 9664A, by private treaty to Phoenix Industrial Park Lot Owners Association (Registration Number 80/08824/08).

1.1.4.6That in the event of the sale not being finalized within 6 (six) months from the date of Council authority being granted, a report be submitted by the Head: Real Estate to the Bid Adjudication Committee to review the purchase price in line with the current market value of the property where there has been a change in the market value.

1.1.4.7That the registration of a Sewer, Watermain and Electrical Cable Servitude shall be done simultaneously with the transfer.

1.1.4.8That subject to the adoption of .1 to .7 above, and the approval of the Bid Adjudication Committee, the Head: Real Estate Unit be authorized to sign all documents necessary to conclude the agreements.

ADOPTED.

1.1.5Proposed Registration of Aerial Bridge Servitude and Creation of a Bridge Support Servitudes Over Municipal Road: Portion of Remainder Of Erf 181 Verulam (21/7/5):



1.1.5.1That the eThekwini Municipality declares in terms of Section 14(2)(a) of the Municipal Finance Management Act 56 of 2003 that:-

1.1.5.1.1That the portion described as Erf 181 Verulam is not required for the provision of minimum level of basic Municipal Services; and

1.1.5.1.2The clearance has been received from the Human Settlements Department stating that the portion of a road area is not required for housing purposes as reflected on Annexure C of the report dated 2015-07-30 (an updated Technical Clearance has been requested).

1.1.5.1.3The fair market value of the affected Portion of the Remainder of Erf 181 Verulam is currently assessed at a value of R73000.00 (Seventy Three Thousand Rand), exclusive of VAT, and that the economic and community values have been considered.

1.1.5.2That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy, read in conjunction with Regulation 7 of the Municipal Assets Transfer Regulations, a Portion of a road area described as remainder of Erf 181 Verulam, in extent approximately 213m2, as depicted on Plan No. SJ 4671/10A be closed and an Aerial Bridge Servitude rights be granted to Dineam Trade (Pty) Ltd at a compensation amount of R73000.00 (Seventy Three Thousand Rand), exclusive of VAT, such compensation reflecting the current market value of the land as assessed by a registered Valuer.

1.1.5.3That approval be given subject to the proposed development being in line with the proposed re-alignment of Ireland Street. This condition will be incorporated into the Sale Agreement.

1.1.5.4That an aerial bridge servitude extending from 6.04m above ground level to 7.34m must be registered in favour of Dineam Trade (Pty) Ltd.

1.1.5.5That a column supporting the bridge is close to the municipal sewer, the top of its base must be below the invert of the pipe.

1.1.5.6That the Bridge column support servitude, the approximate positions as depicted on the plan Annexure A, must be registered over the land in favour of Dineam Trade (Pty) Ltd.

1.1.5.7That in terms of Section 211 of Ordinance 25 of 1974, a portion of the road area described as remainder of Erf 181 Verulam, in extent approximately 213m2, asdepicted on Plan No. SJ4671/10A, be closed subject to all costs in connection therewith being borne by Dineam Trade (Pty) Ltd, whether the application for deproclamation is successful or not, and in this regard a deposit of R12000.00 (Twelve Thousand Rand) is to be lodged with the City Treasurer to cover the estimated costs of survey and deproclamation.

1.1.5.8That in the event of objections being lodged to the proposed closure and alienation of a portion of a remainder of Erf 181 Verulam, in extent approximately 213m2, as depicted on Plan No. SJ 4671/10A, when it is statutorily advertised, the matter be referred to the Member of the Executive Council (MEC) responsible for Cooperative Governance & Traditional Affairs for consent.

1.1.5.9That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in terms of Section 36(i)(a)(v) of the Supply Chain Management Regulations in order to formally close and alienate a portion of a remainder of Erf 181 Verulam, in extent approximately 213m2, as depicted on Plan No. SJ 4671/10A, by private treaty to Dineam Trade (Pty) Ltd.

1.1.5.10That in the event of objections lodged to the proposed closure and disposal of a portion of a remainder of Erf 181 Verulam, in extent approximately 213m2, as depicted on Plan No. SJ 4671/10A, when it is statutorily advertised, the matter be referred to the City Manager for a decision in terms of the section of the Supply Chain Management Policy headed Resolution of Disputes, Objections, Complaints and Queries for final decision.

1.1.5.11That in the event of the alienation not being finalised within 6 (six) months from the date of Council authority being granted, a report be submitted by the Head: Real Estate to the Bid Adjudication Committee to review the purchase price in line with the current market value of the property where there has been a change in the market value.

1.1.5.12That subject to the adoption of .1 to .11 above, and the approval of the Bid Adjudication Committee, the Head: Real Estate Unit be authorised to sign all documents necessary to conclude the agreements.

Recommendations REFERRED BACK to the Human Settlements and Infrastructure Committee, via the Executive Committee, to enable further discussion/ inspection in-loco to take place in respect of 1.1.5.7 above.

1.1.6Review on Tariffs 2016/17: Human Settlements Administration (7/6/1/2):


The Executive Committee noted that the Democratic Alliance was not in support of the recommendations on the basis that they would discuss the matter with the Party Caucus in the first instance.


1.1.6.1That the Council of eThekwini Municipality resolve in terms of Section 75(a) of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000), the tariffs relating to Human Settlements Administration as set out in the attached Annexure A, of the report of the Head: Human Settlements Unit dated 2016-02-29, beapproved, and implemented with effect from 2016-07-01.

1.1.6.2That subject to the adoption of .1 above, the City Manager be directed to comply with the provisions of Section 75(a) of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) as follows:-

1.1.6.2.1To display a copy of this resolution and the said tariff of charges conspicuously:-

(a)On the City Hall Notice Board, and

(b)At such other places within the Municipality as the City Manager may determine,

1.1.6.2.2To seek to convey the information referred to in the said notice to the public on East Cost and Ukhozi Radio Stations.

1.1.6.2.3To send a copy of the notice to the KZN Member of the Executive Council (MEC) responsible for Co-operative Governance and Traditional Affairs.

1.1.6.2.4To 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 75 A (2) of the Local Government: Municipal Systems 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, PixleykaIsakaSeme (West) Street, Durban

(ii)..etc

(c)The effective date for the implementation of the said tariff of charges is 201607-01

..

CITY MANAGER

ETHEKWINI MUNICIPALITY

Date.


1.1.7Proposed Alienation and Consolidation of Land: Road Reserve Proposed Erf [A] and Erf 1410 Both of KwaMashu L to the Salim Munshi Family Trust (Nyala Road KwaMashu L) (17/2/1/2/3):



1.1.7.1That the eThekwini Municipality declares in terms of 14(2)(a) and (b) of the Municipal Finance Management Act 56 of 2003 that:-

1.1.7.1.1That the portion of properties described as Erf [A] and Erf 1410 both of KwaMashu L are not required for providing minimum level of basic Municipal Services; and

1.1.7.1.2The current market value of the property is currently assessed at a value of R930000.00 (Nine Hundred and Thirty Thousand Rand), exclusive of VAT.

1.1.7.1.3That clearance has been received from the Human Settlements Unit stating that the property is not required for housing purposes as reflected on Annexure D of the report dated 20151021 (an updated Land Clearance has been requested).

1.1.7.2That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy, read in conjunction with Regulation 7 of the Municipal Assets Transfer Regulations, the properties described as proposed Erf [A] and Erf 1410 both of KwaMashu L in extent approximately 389m2 and 1929m2 respectively, Registration Division FU in the Durban Entity, Province f KwaZulu-Natal as depicted on Plan No. 1114/1997 and SJ 4686/6C be sold in Freehold by private treaty to the SalimMunshi Family Trust (Trust Number 1T5/2003) at a price of R930000.00 (Nine Hundred and Thirty Thousand Rand only) exclusive of VAT, such purchase price reflecting the current market value of the land as assessed by a registered Valuer.

1.1.7.3That an encroachment levy of 10% per annum from the date of occupation to date of transfer due to the existing development by the Trust over Erf 1410 KwaMashu L be paid by the SalimMunshi Family Trust.

1.1.7.4That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in terms of Section 36(i)(a)(v) of the Supply Chain Management Regulations in order to formally sell Erf [A] and Erf 1410 both of KwaMashu L, as depicted on Plan No. SJ 4686/6C to the SalimMunshi Family Trust, Trust Number 1T5/2003.

1.1.7.5That in terms of Section 211 of Ordinance 25 of 1974, the road areas depicted on Plan No. SJ 4686/6C, are to be permanently closed subject to all costs in connection therewith being borne by SalimMunshi Family Trust, Trust Number 1T5/2003 whether the application for deproclamation is successful or not, and in this regard a deposit of R12000.00 (Twelve Thousand Rand only) is to be lodged with the City Treasurer to cover the estimated costs of survey and deproclamation.

1.1.7.6That the rezoning of proposed Erf [A] of KwaMashu L from Existing Street purposes to Mixed Use purposes shall be undertaken by and at the cost of the Purchaser.

1.1.7.7That in the event of objections being lodged to the proposed deproclamation of proposed Portion Erf [A] of KwaMashu L, when it is statutorily advertised, the matter be referred to the Member of the Executive Council (MEC) responsible for Co-operative Governance & Traditional Affairs for consent.

1.1.7.8That in the event of objections being lodged to the proposed sale of Portion Erf [A] and Erf 1410 both of KwaMashu L, the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy headed Resolution of Disputes, Objections, Complaints and Queries;

1.1.7.9That in the event of the sale not being finalised within 6 (six) months from the date of Council authority being granted, a report be submitted by the Head: Real Estate to the Bid Adjudication Committee to review the purchase price in line with the current market value of the property where there has been a change in the market value.

1.1.7.10That subject to the adoption of .1 to .9 above, and the approval of the Bid Adjudication Committee, the Head: Real Estate Unit be authorised to sign all documents necessary to conclude the agreements.

ADOPTED.

1.1.8Review of Domestic Refuse Removal User Charge Tariffs for 2016/2017 (SW2016/003) (7/6/1/2):


The Executive Committee noted that the Democratic Alliance was not in support of the recommendations on the basis that they would discuss the matter with the Party Caucus in the first instance,


1.1.8.1That Council resolves in terms of Section 75(a) of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000), that the tariffs set out in Annexure A of the report SW2016/003 of the Head: Cleansing and Solid Waste dated 2016-01-19, be levied with effect from 2016-07-01 in respect of the supply of Domestic Refuse Removal Services.

1.1.8.2That subject to the adoption of .1 above, the City Manager be directed to comply with the provisions of Section 75(a)(3) and (4) of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000).


1.1.9Sewage Disposal User Charge Tariffs for 2016/2017: WS2016/008) (7/6/1/2):




1.1.9.1That Council resolves in terms of Section 75(A) of the Local Government Municipal Systems Act 2000 (Act 32 of 2000) that the tariff set out in Annexure A of the report WS2016/008 of the Head: Water and Sanitation dated 2016-03-08, be levied with effect from 2016-07-01, in respect of the Sewage Disposal Services to consumers.

1.1.9.2That subject to the adoption of .1 above, the City Manager be directed to comply with the provisions of Section 75(a)(3) and (4) of the Local Government Municipal Systems Act 2000 (Act 32 of 2000).


1.1.10Potable Water Tariffs for 2016/2017 (WS2016/036) (7/6/1/2):

(Page 538: Human Settlements and Infrastructure Committee - Agenda 2016-04-05)



1.1.10.1That Council resolves in terms of Section 75(a) of the Local Government Municipal Systems Act 2000 (Act 32 of 2000) that the tariff set out in Annexure A of the report WS2016/036 of the Head: Water and Sanitation dated 20160222, be levied with effect from 2016-07-01, in respect of the supply of water to consumers.

1.1.10.2That in order to accommodate the water challenges pertaining to the prevailing drought conditions, the Tariffs for Water Consumption contain a provision for drought tariff surcharge of 15% to apply in the event of the Municipality determining that water conservation measures must be introduced, or being obliged to introduce such measures in terms of legislation.

1.1.10.3That subject to the adoption of .1 and .2 above, the City Manager be directed to comply with the provisions of Section 75(a)(3) and (4) of the Local Government Municipal Systems Act 2000 (Act 32 of 2000).


1.1.11Request for Funding in Response to Court Order (22/8/4/1):

(Page L1: Human Settlements and Infrastructure Committee - Agenda 2016-04-05)


1.1.11.1That the construction of 10 temporary informal structures at an estimated cost of R400000 (Four Hundred Thousand Rand) in Emaos in compliance with the Court Order dated 15 February 2016, be approved.

1.1.11.2That subject to the adoption of .1 above, Council approves an adjustment to the capital budget for the sum of R400000 (Four Hundred Thousand Rand) from savings to be identified by the Chief Financial Officer.

1.1.11.3That the required funding to be sourced immediately within the total approved budget and adjustment budget be done to cater for the expenditure.

1.1.11.4That the City accepts the donation of R100000 (One Hundred Thousand Rand) from the Mahogany Ridge Property owners free of any encumbrances which will partially offset the cost of constructing informal structure and the balance will be met by Council.

ADOPTED.

1.1.12Application to Sell Various Portions of Land to KwaZulu-Natal Department of Human Settlements for Resettlement of Inanda Displaced Trader Groups (1702010203):

(Page 49 of the Human Settlements and Infrastructure Agenda dated 2016-03-01)


1.1.12.1That the Municipality declares in terms of Section 14 (6) of the Municipal Finance Management Act 56 of 2003 read together with Regulation 20 of the MFMA Asset Transfer Regulations that Erf 798 Trenance manor, Portion 1 of Erf 1 Redfern, Erven74-77 and 85-87 Lenham and a Portion of the Remainder F Lot Sykes No.15658 be transferred to the KwaZulu-Natal Department of Human Settlements in the amount of R30.00 (Thirty Rand) per square metre in terms of existing Displaced Trader Programme.

1.1.12.2That a suitably worded condition in favour of the Municipality be included as a restriction in title in respect of all the sale agreements and that this condition is to be carried forward in title when transfer takes place from the Department to the various displaced trader groups.

1.1.12.3That all costs of survey are to be for the account of the KZN Department of Housing.

1.1.12.4That the Head: Real Estate be authorized to sign all documents necessary to conclude the various agreements.

ADOPTED.

1.2.REPORT OF THE COMMUNITY AND EMERGENCY SERVICES COMMITTEE: MEETING HELD ON 2016-04-07

(Page R9)

1.2.1One Nation Cup: Germany 2016(13/2/1/1/2):

(Page 26: Community and Emergency Services Committee - Agenda 2016-04-07)

The Executive Committee requested that the budget to fund 2 additional Councillors who will travel with the Squad be circulated to the members of the Committee and that the Euro be used as the appropriate currency. Thereafter, it was


1.2.1.1That TEAM ETHEKWINI be authorized to participate in the One Nations Cup Tournament to be held in Germany from 30 May 2016 to 04 June 2016, the departure date being 28 May 2016 and the return date being 05 June 2016.

1.2.1.2That authority be granted for a delegation of 24 people to be sent to the tournament comprising 16 participants, 3 technical team members, 2 Councillors and 3Administrative members.

1.2.1.3That subject to 1. and 2. above, subsistence and travelling allowances for all support members as per Council policy, be approved as follows:-

DESCRIPTION

AMOUNT

1.

Flights and Insurance x 19 people @ R 16 000

R 304 000, 00

2.

Team Preparation Expenses i.e. Selection, training, friendly games, camps, transport, nutritionist, snacks, water and expert at HPC x 4 months @ R1 000, 00 per athlete x 25 athletes

R100 000, 00

3.

Team uniform @ R2 500, 00 x 19

R47 500, 00

4.

Visas x 19 @ R1 200, 00

R22 800, 00

5.

Administrative support Staff expenses:

Travel, visa and insurance @ R18 000, 00

Accommodation @ R 2 000, 00 p/n x 7 nights @ R14 000

Uniform @ R2 500, 00

R18 000, 00 + R14 000, 00 + R2 500, 00 = R34 500, 00

R34 500, 00

TOTAL ESTIMATED COST TO COUNCIL

R508 800, 00

1.2.1.4That it be recorded that in view of, inter alia, the fluctuating Rand, against the Euro revised budget will be submitted to the Executive Committee.

Vote No.: 30010.10563.00005; R508 800, 00, F.C. No.: 31/064

The total estimated cost of R508800-00, to Council, was AMENDED to R658800-00 in order to include the cost for the attendance of 2 Councillors and the fluctuation of the currency, and thereafter ADOPTED, by the majorityvote.

1.2.2Disruption of Fire Service Delivery : Folweni Fire Station (2/9/1/1/2):



1.2.2.1That it be noted that as the situation in Folweni is life threatening for Fire Fighters to respond to emergencies, fire service delivery is accordingly temporarily suspended.

1.2.2.2That it be noted that a substantial loss has been suffered by the Municipality on damaged and stolen assets which will be quantified once all information is obtained and verified.

1.2.2.3That it be noted that the Fire and Emergency Service Unit will resume delivery immediately after it has been confirmed by the law enforcement and intelligence agencies that violence has ended or reduced to tolerable life safety levels.

1.2.2.4That it be noted that Fire Management has taken this decision to protect employees and to prevent potential industrial relations conflict that may be caused by this unfortunate situation.

1.2.2.5That a Comprehensive Report regarding cost analysis of the total amount that the refurbishments of Municipal Property/Infrastructure demolished during various Service Delivery Protests was costing the Municipality, be compiled and submitted to the Executive Committee.

1.2.2.6That the above report should indicate the type of demolished Municipal Property/Infrastructure and the actions that had been taken by the SAPS against the perpetrators per different protects.

Recommendations 1.2.2.1, 1.2.2.2, 1.2.2.3 and 1.2.2.4 NOTED and Recommendation 1.2.2.5 and 1.2.2.6 ADOPTED.

1.2.3Amendment to Service Level Agreement PHC Services (30/1/1/1):


The Community and Emergency Services Committee considered a report by the City Manager dated 2016-03-02 in the above regard, the purpose of which was to appraise Council of a change in the funding allocation of the 2015/16 Primary Health Care Grant.


1.2.3.1That the amendment of the KZN Department of Health financial provision to eThekwini Health Unit be approved as follows:-

From the previously reported and council approved:-

PHC Grant 15/16

R75 000 000, 00

For compensation of employees

1.2.3.2To the current request:-

PHC Conditional 15/16

R70 000 000, 00

For compensation of employees

PHC Conditional 15/16

R 5 000 000, 00

For purchase of essential clinic equipment

1.2.3.3That approval be granted to the City Manager to reflect the above as an adjustment as per Section 28 (g) of the Municipal Finance Management Act.

1.2.3.4That it be noted that the impact of this change on the Municipal Health Budget be reflected as follows:-

a)The KZN Department of Health grant for the remuneration of employees be adjusted from R75 000 000, 00 (Seventy Five Million Rand only) to R70000 000, 00 (Seventy Million Rand only).

b)The KZN Department of Health grant for the purchase of Clinic Capital Equipment be adjusted from R0 (nought) to R5 000 000, 00 (Five Million Rand only).

c)The budget of R5 000 000, 00 (Five Million Rand only) be reflected under Operating Budget as contribution to Capital and the entry will be done post the acquisition of assets.

d)The adjustment of the Operating Budget would reflect a deficit of R5000000, 00 (Five Million Rand only) on the Units Operating Budget.

1.2.3.5That project authority be granted for the purchase of medical equipment as per schedule attached to the report of the City Manager dated 2016-03-02.

ADOPTED.

1.2.4Spatial Development Framework (SDF) Review 2016/2017 (21/5/1):



That the 2016/2017 Draft Spatial Development (SDF) Review, as contained in the report of the City Manager dated 2016-03-03, be noted.

NOTED.

1.3REPORT OF THE FINANCE AND PROCUREMENT COMMITTEEMEETING HELD ON 2016-04-14

(Page R13)

1.3.1Report on Investments (7/11/4):

(Page 18: Finance and Procurement Committee - Agenda 2016-04-14)


That the report on investments of the eThekwini Municipality as at 2016-02-29, prepared and submitted by the City Manager as per his report dated 2016-03-12and as per the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.

NOTED.

1.3.2Budget Statement Report for the Month Ended 29 February 2016 (7/1/4):

(Page 24: Finance and Procurement Committee - Agenda 2016-04-14)


That the Budget Statement Report for the month ended 2016-02-29, submitted by the City Manager as per his report dated 2016-02-11, in compliance with Section 71 of the Municipal Finance Management Act and in terms of Government Notice 32141 dated 17 April 2009, relating to the Local Government: Municipal Finance Management Act 2003, be noted.

NOTED.

1.3.3Budget Statement Report for the Month Ended 31march 2016 (7/1/4):

(Page L3 and attached as Annexure A: Finance and Procurement CommitteeAgenda 2016-04-14)


That the Budget Statement report for the period ended 2016-03-31, submitted by the City Manager as per his report dated 2016-04-13, in compliance with Section 71 of the Municipal Finance Management Act and in terms of Government Notice 32141 dated 17 April 2009, relating to the Local Government: Municipal Finance Management Act 2003, be noted.

ADOPTED.

1.3.4Cost Containment Measures: Municipal Finance Management Act (MFMA) CircularNo. 82 (7/1/32):

(Page L2 and attached as Annexure B: Finance and Procurement CommitteeAgenda 2016-04-14)


1.3.4.1That in an effort to address the impact of the countrys economic challenges and the need to contain costs, the report submitted by the City Manager dated 2016-04-04 in compliance with Circular No. 82 of the Municipal Finance Management Act, benoted.

1.3.4.2That an assessment of the impact the Circular mentioned in .1 above has on the budgets and operations of the Municipality be conducted by the Deputy City Manager : Finance and be reported to the Finance and Procurement Committee.

1.3.4.3That the said report and Circular No. 82 of the MFMA be considered with the 2016/17 MTREF (Multi-year budgets).

Recommendation 1.3.4.1 NOTED and Recommendation 1.3.4.2 and 1.3.4.3 ADOPTED.

1.3.5Project Authority for the Proposed Acquisition of a Supply Chain Management (SCM) IT System (10/2/2):

(Page 195 and attached as Annexure C: Finance and Procurement CommitteeAgenda 2016-04-14)

With Councillors A Beetge, RJ Crouch, D Ganesh, S Hoosen, RD Macpherson, ARMitchell and J Singh of the Democratic Alliance abstaining,


1.3.5.1That the request for Project Authority for the proposed acquisition of a Supply Chain Management IT System, be approved

1.3.5.2That subject to the adoption of .1 above, funding be provided as per the table below:-

Financial Requirements:

Capital

Operating

Total Capital & Operating

Fin. Year

Amount

Remarks

Amount

Remarks

Amount

2015/2016

R10 000 000.00

To be provided from capital savings

R2 000 000.00

To be provided from operating savings

R12 000 000.00

2016/2017

R10 000 000.00

To be provided in budget

R11 000 000.00

To be provided in budget

R21 000 000. 00

R11 000 000.00

R21 000 000.00

2017/2018

R10 000 000.00

Total Projected Expenditure (Excl. VAT)

R30 000 000.00

R24 000 000. 00

R54 000 000.00

VAT @ 14%

R4 200 000.00

R3 360 000.00

R7 560 000. 00

Total (incl. VAT)

R34 200 000.00

R27 360 000.00

R61 560 000.00

ADOPTED.

1.3.6Report on Awards made by the City for the Month of February 2016 (9/1/3):

(Page 200: Finance and Procurement Committee-Agenda 2016-04-14)


1.3.6.1That the monthly report of the City Manager dated 2016-03-17, relative to awards made by the City for the month of February 2016, as presented, be noted.

1.3.6.2That 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 the Units.

1.3.6.3That the City Manager reserves the right to investigate the awards with a view to taking disciplinary, criminal and recovery actions where willful and negligent violation of Supply Chain Management Policies and Municipal Finance Management Act provisions are observed.

1.3.6.4That the City Manager shall table a report to the Committee relative to the disciplinary, criminal and recovery actions taken, it being noted that the City Manager can only respond when the reports are available.

Recommendations 1.3.6.1 and 1.3.6.2 NOTED and Rcommendations 1.3.6.3 and 1.3.6.4 ADOPTED.

1.4REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE: MEETING HELD ON 2016-04-15

(Page R168)

1.4.1Durban Film Mart Programme (20/2/3):

(Page 1 : Economic Development and Planning Committee - Agenda 2016-04-15)


1.4.1.1That the Head : Economic Development and Investment Promotion be duly authorised to continue supporting the Durban FilmMart Programme for the development, growth and competitiveness of the sector.

1.4.1.2That subject to the approval of .1 above, the City Manager be authorised to conclude a Memorandum of Agreement with the University of KwaZulu-Natal to give effect to the above.

1.4.1.3That subject to the approval of .1 and .2 above, the Head : Economic Development and Investment promotion be duly authorised, in accordance with the Memorandum of Agreement, to disburse the funds to the Durban International Film Festival of the University of KwaZulu-Natal amounting to R1 700 000.00 (One Million Seven Hundred Thousand Rand), (excl. VAT) for the 2016/2017 financial year; R1700000.00, (One Million Seven Hundred Thousand Rand) (excl. VAT) for the 2017/2018 financial year; and R1 700 000. 00, (One Million Seven Hundred Thousand Rand) (excl. VAT) for the 2018/2019 financial year, in terms of Section67of the Municipal Finance Management Act, and in accordance with the Memorandum of Agreement.

1.4.1.4That the Head : Economic Development and Investment Promotion be authorised to report progress on this initiative on an annual basis.

Vote Number

Amount

Year

26101.12360

R1, 700,000.00 excl VAT

Provided 2016/17

26101.12360

R1, 700,000.00 excl VAT

Provided 2017/18

26101.12360

R1, 700,000.00 excl VAT

Provided 2018/19

FC No.: 18/50

ADOPTED.

1.4.2Isipingo Local Area Plan (LAP), Functional Area Plan (FAP), and Draft Scheme Review (21/5/1):



That the final consolidated Isipingo Local Area Plan, Functional Area Plan and Draft Scheme Review, as contained in the report of the Acting Head: Development Planning, Environment and Management, dated 01 March 2016, be approved.

ADOPTED.

1.4.3Edamane Development Programme (20/1/6/1):



1.4.3.1That the Head: Economic Development and Investment Promotion be duly authorised to proceed with participation in the Edamane Development programme (EDP) for the development, growth and competitiveness of the sector.

1.4.3.2That subject to the approval of .1 above, the City Manager be authorised to conclude a Memorandum of Agreement to give effect to the above.

1.4.3.3That subject to the approval of .1 and .2 above, the Head : Economic Development and Investment be duly authorised, in accordance with the Memorandum of Agreement, to disburse the funds to the Edamane Development programme amounting to R1 943000.00 (One Million Nine Hundred and Forty Three Thousand Rand) (excl. VAT) for the 2015/16 financial year, R2 945173.00 (Two Million Nine Hundred and Forty Five Thousand One Hundred and Seventy Three Rand) (exclVAT) for 2016/17 and R1 500000.00 (One Million Five Hundred Thousand Rand) (excl. VAT) for 2017/18 in terms of Section 67 of the Municipal Finance Management Act, and in accordance with the Memorandum of Agreement.

1.4.3.4That the Head : Economic Development and investment promotion be authorised to report progress on this initiative on an annual basis.

Vote No.

Amount

Year

26102.091959

R1 943 000 (excl. VAT)

2015/16

26102.091959

R2 945 173 (excl. VAT)

2016/17

26102.091959

R1 500 000(excl. VAT)

2017/18

FC No.: 18/55

ADOPTED.

1.4.4Inanda-Mtshebeni Facilitation of Private Sector Development: Reconfiguration and Construction of Municipal Service Road Erf 505 Piezangs River No. 805 (25/4/8/1):



1.4.4.1That the Head : Real Estate be authorised to deviate from the supply chain Regulations and negotiate the acquisition of a temporary and a permanent rightofway servitude, covering a period of 3-5 years, over the portion of Erf 505 of the farm Piezang Revier No. 805 as depicted in the hand plan SJ 4718/9 utilising Section 36 (1)(a)(ii) of the municipal Supply Chain Regulations;

1.4.4.2That subject to the adoption of .1 above and the approval by the Bid Adjudication Committee pursuant to successful negotiations, the Head : real Estate be authorised to sign the relevant agreements and all documentation necessary to effect transfer/registration of the said servitude right to the Municipality.

1.4.4.3That the City Manager record the reasons for any deviations and report it to the next meeting of the Council and include it as a note to the annual financial statements in terms of Section 36(2) of the Supply Management Regulations.

1.4.4.4That in the event of negotiations being unsuccessful, the Head : Real Estate be authorised to expropriate a temporary right-of-way servitude, covering a period of 5years over the portion of Erf 505 of the farm Piezang Revier No. 805 as depicted in the hand plan. SJ4718/9 and to sign all documents necessary to give effect to the expropriation.

1.4.4.5That subject to the adoption of .1 and .4 above, the City Manager be authorised to enter into a Memorandum of Agreement whereby the Municipality secures a public service road built to municipal standards or higher, over the portion of Erf 505 of the farm Piezang Revier No. 805 as depicted in the hand plan SJ 4718/9; and the Municipality reimburses the developer/owner, Universal Plus Trading 348 (Pty) Ltd, to the value of R1 017302.00 (One Million Seventeen Thousand Three Hundred and Two Rand) (excl VAT), which is deemed equivalent to the cost the Municipality would have incurred in constructing the public service road itself.

Financial details:

Project No. S1107R837 302 excl. VATprovided 2016/17

Opex VoteR180000excl. VATprovided 2015/16

FC No.: 18/CA53

ADOPTED.

1.4.5Tertiary Institutions : Energy Efficiency Project (27/1/2/R):



That the Energy Office be authorised to incur expenditure of R200000.00 for an electrical assessment and business plans on Mangosuthu University of Technology facilities, (including accredited private residences), R200000.00 for an electrical assessment and business plans on Durban University of Technology facilities (including accredited private residences) and R200000 for an awareness campaign for all universities

Vote No.

Amount

Activity

31601.04720

R200000.00

Electrical assessment and business plans for Mangosuthu University of Technology

31601.04720

R200000.00

Electrical assessment and business plans for University of KwaZulu-Natal

31601.07859

R200000.00

Electrical assessment and business plans for Durban University of Technology

31601.09300

R200000.00

Awareness campaigns for all universities

FC No.: 03/88

ADOPTED.

1.5.QUARTERLY REPORT OF THE AUDIT COMMITTEE FOR THE FIRST AND SECOND QUARTER 2015/16 (2/10/1/1)

(Page 38)

The Executive Committee received the Audit Committee Report presented by MsLMthembu, the Chairperson of the Audit Committee. The Committee was taken through the report contained on page 38 of the EXCO agenda and the recurring issues were noted by the Committee as well as progress in areas like Revenue Management Services was noted.

Amongst other issues; the issues listed below were noted from the report and discussed:-

(a)Stores and Inventory Management: It was stated that the loss of stock from stores especially Metro Police Uniform could be related to improper record keeping such as lack of monitoring of stock movement which made it difficult to determine root causes.

(b)Metro Police - Vehicle Pound: Lack of Proper Fleet Management of the public vehicles kept in the Municipal Pound and advised that proper management and controls should be executed.

(c)Water Loss: The Committee noted that the issue of water loss had been discussed at length with the Accounting Officer and is an ongoing item on the Audit Committee agenda with Management having undertaken to submit an action plan including financial consequences to the Audit Committee Meeting on 27 May 2016.

(d)Estimated Billing Electricity: It was stated the Accounting Officer would need to intervene and resolve prolonged billing estimates.

(e)Appointment of ICC Board Members: On conflict of interest the Municipality had done well in appointing people with requisite skills howeverthe problem arose in appointing those employed in competitive businesses. Arequest had been made to Management to address the matter seriously.

(f)Establishment of a Disciplinary Board: Implementation of regulations was being delayed due to the delayed appointment of a Disciplinary Board. Itwas stated that one of the issues was homogenous implementation of Human Resources policies and this matter had been brought to the attention of the Audit Committee by the Accounting Officer.

(g)Supply Chain Management - End to End Review: issues were being closely monitored and next report will indicate the positives arising from the work undertaken thereof. The need for contract management to be centralized in order to effectively manage the finances of the City.

h)The EPWP is in receipt of government grants however the Municipality would need to ensure that its own funds are regulated and in sync with that of government. That aspect was currently being addressed between Internal Audit and Management.

(i)Estimated Billing Process: The issue of billing estimates being far from billing issues would need to be incorporated into the budget, taking into account that if it was not managed and controlled properly it could result in a crisis. It was noted that Management was currently addressing the matter with appropriate mitigating strategies in place.

(j)City Integrity and Investigation Unit (CIIU): It was stated the CIIU should be funded in order to address the backlog. Secondly, failure of Line Departments to implement recommendations from CIIU was noted as one of the issues that required to be addressed.

The City Manager acknowledged the comments from the Committee and confirmed that certain processes were already underway to address some of the findings. Thereafter;


1.5.1That the Audit Committee Report for the First and Second Quarters from October 2015 to December 2015, respectively, 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 of 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 the Committee, be noted.

1.5.2That the City Manager facilitates the process of getting relevant Units to address the findings of the Audit Committee and also take into account the comments made by the Executive Committee as recorded in points (a) to (j) above and thereafter submit to the Executive Committee a comprehensive report on the Municipalitys interventions to address the following findings identified, for effective monitoring and accountability thereon:-

(a)Clean Audit

(b)Significant and material reduction of irregular expenditure

(c)Revenue Management System (RMS)

(d)ICT Governance

(e)Inventory of Applications Systems

(f)Estimated Billing Processes

(g)Performance Management

(h)Preparation of Interim Annual Financial Statements

(i)Supplier Performance and Blacklisting Processes

(j)Establishment of a Disciplinary Board (DB)

(k)Expanded Public Works Programme (EPWP)

(l)Stores and Inventory Management

(m)Supply Management End to end audit Review

(n)Metro Police Vehicle Pounds

(o)City Integrity and Investigations Unit (CIIU)

(p)Resolutions of Outstanding Audit Findings

(q)Medical Negligence

(r)Litigation Exposure

(s)Climate Change Impacts for the Municipality

(t)Climate Change Strategy

(u)Water Crisis/Drought

(v)Auditor General (AGSA)

(w)Risk Management Reporting

(x)Appointment of New Board Members : Inkosi Albert Luthuli ICC

(y)Institutional Arrangement between DMTP and SAAMBR

(z)ICC Shareholder Compact and Memorandum of Incorporation

ADOPTED.

1.6.BACK TO BASICS: QUARTERLY FINANCIAL MANAGEMENT ASSESSMENT REPORT FOR QUARTER 2 ENDING 31 DECEMBER 2015 (2/3/2/1/2 & 11/1/2)

(Page 60)


That the eThekwini Municipality Back to Basics report for the second quarter ended 31 December 2015 for the 2015/16 financial year, submitted in compliance with the requirements of the Provincial Department of Co-operative Governance and Traditional Affairs, benoted.

NOTED.

1.7.PROPOSED NEW ETHEKWINI MUNICIPALITY REPEAL BY-LAW, 2016 (1/1/3/1/R)

(Page 80)


1.7.1That the eThekwini Municipality Repeal By-law, 2016 be approved and published for comment in Ezasegagasini Metro, Isolezwe, The Mercury Newspaper and the City Hall Notice board for a period not less than 10 days to allow the public an opportunity to make representations with regards to the proposed By-law; and

1.7.2That should no substantive objections and representations be received from the public, the By-law be sent back to the Executive Committee and Council for final approval and thereafter for the By-law to be promptly sent to Ezasegagasini Metro and the Provincial Gazette for final publication, with the By-law taking effect on a date as prescribed therein.

ADOPTED.

1.8.COMMENTS ON NATIONAL POLLUTION PREVENTION PLANS REGULATIONS AND THE DECLARATION OF GREENHOUSE GASES AS PRIORITY AIR POLLUTANTS (1/1/2/2/R & 30/2/4/2/1/4)

(Page 98)


1.8.1That the National Environmental Management comments relating to Air Quality Act, 2004 (Act No.39 of 2004): Declaration of Greenhouse Gases as Priority Air Pollutants and National Pollution Prevention Plans Regulations: Government Gazette No. 39678, Notice No. 39578 of 2016, dated 08 January 2016, attached in annexure A of the report of the Deputy Head: Legal and Compliance dated 2016-02-29, be noted and be submitted to all Support Committees for information purposes.

1.8.2That subsequent to .1 above the Head: Legal Services and Compliance be authorized to submit the comments to the National Department of Environmental Affairs.

ADOPTED.

1.9COMMENTS ON REVISION OF PRICING STRATEGY FOR WATER USE IN TERMS OF SECTION 56(1) OF THE NATIONAL WATER ACT, 1998 (23/1/7)

(Page 112)


1.9.1That the National Department of Water and Sanitation comments relating to National Water Act, 1998(Act No.36 of 1998): Revision of the pricing strategy for water use in terms of Section 56(1) of the National Water Act, 1998: Government Gazette No.1154 of 2015, dated 13 November 2015, attached in annexure A of the report of the Deputy Head: Legal and Compliance dated 2016-02-29, be noted and be submitted to all Support Committees for information purposes.

1.9.2That subsequent to .1 above the Head: Legal Services and Compliance be authorized to submit the comments to the National Department of Environmental Affairs.

ADOPTED.

1.10APPROVAL FOR USE OF CITY HALL AND WAIVING OF VENUE HIRE FEES FOR WE DESIGN CONFERENCE: 22 APRIL 2016 (17/2/2/6/1)

(Page 279)


That the eThekwini Municipality supports the hosting of the WE DESIGN Conference at the City Hall and that the venue hire fee be waived, and will benefit the City in terms of stimulating the tourism industry, media coverage and economic gain for the region by drawing visitors from beyond the Metro Zone, more specifically by hosting the event at the City Hall, SAIA KZN, the WE DESIGN Conference and event stakeholders are encouraging involvement of a spending public in the CBD, whilst promoting greater accessibility and connectivity.

Financial Implications:

City HallR53215.00

ADOPTED.

1.11EMERGENCY TRANSFORMER UPGRADE AND BUILDING CERTIFICATE OF COMPLIANCE: 75 DR LANGALIBALELE DUBE STREET (21/12/2/1/R)

(Page 289)


1.11.1That due to the emergency, authority be granted for the upgrade of the transformer and issue of building certificate of Compliance at 75 Dr Langalibalele Dube Street as contained in the technical assessment report dated 16 March 2016 and marked as Annexure A.

1.11.2That subject to the adoption of .1 above, authority be granted to the Head: Engineering to proceed with the necessary work to commence the project.

1.11.3That subject to the adoption of .1 and .2 above, authority be granted to the Head: Engineering to use capital savings in amount of approximately R4.2 Million in the 2015/2016 financial year and any shortfalls or delays be funded through an Adjustment Budget in the 2016/2017 financial year.

ADOPTED.

2.SECOND REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2016-04-26

2.1REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE: MEETING HELD ON 2016-04-22

(Page R1)

2.1.1Report on Labour Relations Amendment Act Implications: Payment of Benefits to Fixed Term Contract Employees (4/3/5/1):

(Page 69: Governance and Human Resources Committee Agenda - 2016-04-22)


That in view of the legal requirement to pay benefits to qualifying 551 (Five Hundred and Fifty One) employees in terms of the Labour Relations Amendment Act No. 6 of 2014, the qualifying Fixed-Term Contract employees be paid normal Municipality benefits with effect from 01April 2015, at a cost of approximately R23 million.


The cost of the payment of these additional benefits to the qualifying employees is approximately R23million, including medical aid which not all the employees will choose to utilize.

Vote: Various, to be funded in the adjustment budget.

FC No.: 14/14

ADOPTED.

2.1.2Request to Rent Parking Bays in Umlazi, Mega City (17/2/2/5/1):

(Page 606: Governance and Human Resources Committee - Agenda 2016-04-22)


2.1.2.1That the report by the Head: Community Participation and Action Support dated 201602-08 relative to the request to rent five (5) Parking Bays in Umlazi Mega City to be used by Community Participation and Action Support Staff for a period of three (3) years, be approved.

2.1.2.2That subject to the adoption of .1 above, authority be granted to the Head: Community Participation and Action Support to incur parking cost at R970.00 (Nine Hundred and Seventy Rand) per month for 5 parking bays at R194.00 (One Hundred and Ninety Four Rand) per parking bay and categorised as follows:-

2.1.2.2.1Year 1 - Total of R13 204.00 (Thirteen Thousand Two Hundred and Four Rand), including deposit and administration fee.

2.1.2.2.2Year 2 - Total of R12597.12 (Twelve Thousand Five Hundred and Ninety Seven Rand Twelve Cents).

2.1.2.2.3Year 3 - Total of R13605.00 (Thirteen Thousand Six Hundred and Five Rand).

The escalation is 8% per annum. Below is the breakdown for costs to be incurred in 2015/2016:-

Item

Number of bays

Year

Amount

Vote No.

Deposit

1

R1150.00

Admin Fee

1

R 390.00

Parking Fee

5

1

R11664.00

Total

R13204.12

32302.09960

Recommendations AMENDED to include the rental of 5 (five) additional parking bays for Councillors and the amounts for such rentals be adjusted accordingly, and thereafter ADOPTED, by the majority vote.

2.1.3Councillors Assisted Education Policy (3/5/12):

(Page 607: Governance and Human Resources Committee - Agenda 2016-04-22)

The Executive Committee Member De Boer recorded his abstention on this matter on the basis that Councillors should fund their own education. It being noted that the Councillors Assisted Education Policy is in line with the City's objectives to capacitate leadership,


2.1.3.1That the report by the Head: eThekwini Municipal Academy dated 2016-04-06 relative to the Councillors Assisted Education Policy, be approved.

2.1.3.2That subject to adoption of .1 above, authority be granted to the Head: eThekwini Municipal Academy to implement the Councillors Assisted Education Policy as contained in his report dated 20160406.

2.1.3.3That, given the end of Councillors term of office, the fees for Councillors who are currently studying in 2016 be paid for by Council.

ADOPTED, by the majority vote.

2.2NOTING OF RULE OF ORDER 28: REQUEST FOR FINANCIAL ASSISTANCE TOWARDS THE BURIAL OF THE LATE COUNCILLOR NTOMBIZODWA PRINCESS SIBIYA (3/5/15)

(Page 7)

Condolences were once again extended for the loss of Councillor NP Sibiya. Thereafter, the importance of reviewing the Civic Funeral Policy was reiterated in order to achieve certainty and consistency in the manner in which to allocate financial assistance in the event of the loss of a Councillor.

It was acknowledged that raising the issue of the policy in the midst of family bereavement is insensitive, hence, the urgent need to finalise policy review. Confirmation was then given that the review process has commenced and that draft policy would be submitted for consideration by the relevant Council structures until submitted for final adoption at Council level.


That, in line with the requirements of the Civic Funeral Policy, the approval given by His Worship the Mayor, in terms of Rule of Order 28, to allocate an amount of R100 000.00 (One Hundred Thousand Rand) for the burial of the late eThekwini Municipal Councillor Ntombizodwa Princess Sibiya who served as a PR Councillor deployed in Ward 66; a member of eThekwini Council from June 2009 and; contributed significantly in community development within eThekwini Municipality, be noted.

(Vote: 32123.05156;R100 000.00)

NOTED.

2.3BACK TO BASICS REPORT FOR THE MONTH ENDED 31 MARCH 2016 (2/3/2/1/2)

(Page 9)

With the Back to Basics report also monitoring the filling of positions of Section 56 Managers, it was requested to finalise the appointment of 3 incumbents to fill vacant positions in this regard. It was then confirmed that 1 position will be filled and that the other 2 positions will be re-advertised. On the issue of service delivery, the attention was drawn to an urgent need to fix water leak at KwaMashu Community Residential Unit which is causing excessive water loss. This was noted.


That the Back-to-Basics report outlining progress by the eThekwini Municipality in achieving its performance indicators during the month ended 31March 2016, compiled as per the requirement in terms of Circular No. 47 of 2014 from the Department of Co-operative Governance and Traditional Affairs, with a view to analysing the state of local governance and make informed assessment to support and intervene where required, benoted.

NOTED.

2.4PROVINCIAL BACK TO BASICS REPORT FOR QUARTER 3 OF 2015/16 (2/3/2/1/2 & 11/1/2)

(Page 26)


That the eThekwini Municipality Back to Basics report for the third quarter of the 2015/16 financial year, submitted in compliance with Circular No. 3 of 2016 from the Provincial Department of Co-operative Governance and Traditional Affairs, and for use to measure progress of the Municipality against the five pillars of the Back to Basics programme, the main functions and mandate of the Municipality to allocate appropriate score in this regard, benoted.

NOTED.

2.5LEASE OF LAND: HOY PARK MANAGEMENT (PTY) LTD: MASABALALA YENGWA AVENUE/SMISO NKWANYANA ROAD/JACKO JACKSON DRIVE (17/2/1/2/5)

(Page 38)

In line with the Council resolution of 28 October 2015, the Accounting Officer has conducted a public participation process for a period of 30 days, in terms of Regulation 34(3)(b) and Regulation 35 of the Municipal Asset Transfer Regulations, in respect of granting a right of use of the capital assets described as Rem of Erf 1; Erf 11577; Rem of Erf 11578; and Erf 11579, all of Durban, for the development of a Sports Academy.

Confirmation was given that the Municipality has achieved all compliance requirements necessary for the development of the Sports Academy. That both Provincial and National Treasury have no objections to the Sports Academy provided all necessary processes have been complied with as per the relevant Regulations. With regard to the objections received from the existing occupants and their supporters, mention was made that the Municipality has acted in the best interest of sports development within the City to handle issues relating to the Sports Academy.

The Democratic Alliance dissented on this matter on the basis that a correct process has not been followed to deal with the objections from the existing occupants and suggested the establishment of a dedicated Task Team for this purpose.

With the other parties being in agreement that all necessary processes have been complied with and noting the report given on illegal activities currently being conducted by some of the occupants and the non-payment of rent since 2010,


That notwithstanding the objections lodged, the eThekwini Municipal Council resolution dated 2014-10-30, relative to the granting of a right to use the capital assets described as Rem of Erf 1; Erf 11577; Rem of Erf 11578 and; Erf 11579, all of Durban, to Hoy Park Management (Pty) Ltd for the development of a Sports Academy, be reaffirmed.

ADOPTED, by the majority vote.

2.6RENEWAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN ETHEKWINI MUNICIPALITY AND KWAZULU-NATAL DEPARTMENT OF EDUCATION (12/8/1)

(Page 82)

The Executive Committee supported the renewal of the Memorandum of Understanding (MOU) with the Department of Education. For effective assessment of the benefits associated therewith, it was agreed that a report outlining achievements in terms of the past MOU be submitted to the Executive Committee.

On this basis,


2.6.1That authority be granted for the City Manager to facilitate the renewal of a Memorandum of Understanding (MOU) between eThekwini Municipality and KwaZulu-Natal Department of Education to improve information sharing; skills exchange; and service delivery within the province and the South Africa at large, with the MOU to commence upon the last signature by any of the parties.

2.6.2That the MOU be reviewable every 3 (Three) years or a period earlier if a need arises, it being noted that either party may terminate the MOU by giving a written notice of 6 (Six) Calendar months and with steps being taken to ensure that the termination does not affect any prior obligations, project or activity already in progress.

ADOPTED.

2.7.MEMORANDUM OF UNDERSTANDING BETWEEN ETHEKWINI MUNICIPALITY AND EMNAMBITHI LADYSMITH MUNICIPALITY (12/8/1/1)

(Page 98)

In noting that eThekwini Municipality has sister Cities relations at an international level, it was considered important to extend this and strengthen governance at a local level. The signing of a Memorandum of Understanding with Emnambithi Ladysmith Municipality was therefore supported.


2.7.1That authority be granted for the City Manager to facilitate entering and signing of a Memorandum of Understanding (MOU) between the eThekwini Municipality and the Emnambithi Ladysmith Municipality to take effect upon the date of last signature by any of the parties and the MOU to last for the duration of 5 (Five) years, unless otherwise agreed to in writing by the parties, with the areas of co-operation to include but not limited to the following:-

(i)Basic Service Delivery and Infrastructure;

(ii)Local Economic Development and Tourism;

(iii)Municipal Transformation and Institutional Development;

(iv)Municipal Financial Viability;

(v)Good Governance and Community Participation;

(vi)Best Practice;

(vii)Customer Care; and

(viii)Strategic Planning.

2.7.2That the MOU be extended by written agreement between the parties and that any party may terminate this by giving 3 (Three) months written notice without being liable for costs and/or damages incurred by the other party as a result of the said termination.

ADOPTED.

3.THIRD REPORT OF THE EXECUTIVE COMMITTEE : SPECIAL MEETING HELD ON WEDNESDAY, 2016-05-04

3.1REQUEST FOR AUTHORITY FOR HIS WORSHIP THE MAYOR TO PARTICIPATE IN THE UNITED CITIES FOR LOCAL GOVERNMENT COMMITTEE MEETINGS, 25-28 MAY 2016, KAZAN, RUSSIA

(Page 1)

The United Cities and Local Government (UCLG) is the umbrella organization of all local governments in the world and the only recognized voice of cities, towns and local government associations. EThekwini Municipality plays a critical role in this structure with His Worship the Mayor being the Co-Chair of the UCLG Urban Strategic Planning Committee and the member of the decision-making Finance Committee which has political oversight over the financial management of the UCLG. Senior officials of eThekwini also drive certain activities of the UCLG and will provide progress reports in the forthcoming UCLG Committee meetings.

Given the significance of the UCLG Committee meetings the participation of eThekwini Municipality is of utmost importance, therefore,


3.1.1That authority be granted for His Worship the Mayor, Councillor James Nxumalo or His nominee to participate in the United Cities for Local Government (UCLG) Committee Meetings on 25 to 28 May 2016 at Kazan in Russia, to make contribution in his capacity as the Co-Chair of the Urban Strategic Planning Committee and the member of the UCLG Finance Committee.

3.1.2That, it be noted the Head: Intergovernmental Relations is attending the UCLG Committee meetings to provide content and logistical support for His Worship the Mayor in preparation for Habitat 3.

3.1.3That, it be noted the Chief Strategy Officer is attending to provide input at the Urban Strategic Planning (USP) Committee.

3.1.4That, it be noted the Senior Manager: MILE is attending to provide an update at the UCLG USP meeting on the City to City Learning agenda, and continue to champion this work on behalf of the USP Committee, it being recorded that flight and accommodation costs will be borne by the UCLG since the Senior Manager: MILE has been tasked by UCLG to facilitate the process.


NAME

FLIGHTS

ACCOMMODATION

VISA

S & T

VOTE NUMBER

His Worship the Mayor

R18000.00

R7 500.00

R1200.00

As per policy

32111.11960

Head: Intergovernmental Relations

R18000.00

R7 500.00

R1200.00

As per policy

12749.11900

Chief Strategy Officer

R18000.00

R7 500.00

R1200.00

As per policy

30020.11960

Official 1 (MILE)

Covered by UCLG

Covered by UCLG

R1200.00

As per policy

12810.11960

ADOPTED.

3.2REQUEST TO AUTHORISE FUNDING AND PARTICIPATION OF WARWICK TRADITIONAL HERB TRADERS MARKET IN VENICE BIENNALE EXHIBITION, 25 MAY-27 NOVEMBER 2016, VENICE, ITALY (35/1/1/4)

(Page 6)

The Committee shared a unanimous view that tangible benefits should be seen as a result of the forthcoming exhibition to uplift the Traditional Herb business economically. Also, that the City should derive return on its investment by having right to utilize exhibition designs. With the assistance of the Head: Legal and Compliance recommendation 2.1 has been amended to protect the interest of both the Traditional Herb business and the City.


3.2.1That Council approves financial commitment in the amount of R450000.00 (Four Hundred and Fifty Thousand Rand), excluding VAT, to be given to DesignWorkshop SA for the development of Exhibition on the eThekwini Municipality Herb Traders Market at the 2016 Venice Biennale in Italy, subject to the following:

3.2.1.1The ownership of the model and video footage will vest in the Municipality.

3.2.1.2The interest of the Herb Traders be protected.

3.2.2That subject to the approval of .1 above, the City Manager be authorized to conclude a Memorandum of Agreement with DesignWorkshop SA to give effect to .1 above.

3.2.3That subject to the approval of .1 and .2 above, the eThekwini Municipality be duly authorized, in accordance with the Memorandum of Agreement, to disburse funds to DesignWorkshop SA.

Vote No.: 15522.05940R250000.00FC No.: 34/293

Vote No.: 47111.09300R200000.00FC No.: 47/014

ADOPTED.

3.3SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN AS AT 31 MARCH 2016 (2/10/1/1/9)

(Page 6)


3.3.1That, in terms of Circular No. 13 of the Municipal Finance Management Act, the Service Delivery and Budget Implementation Plan Report for the quarter ended 31 March 2016, which reflects the overall performance achievement of 76% by the City, be adopted.

3.3.2That the Service Delivery and Budget Implementation Plan Report be submitted to the respective Support Committees for effective oversight.

ADOPTED.

4.FIRST REPORT OF ETHICS COMMITTEE : SPECIAL MEETING HELD ON THURSDAY, 2016-04-21

Report WITHDRAWN and referred back to the Ethics Committee

5.SECOND REPORT OF ETHICS COMMITTEE : SPECIAL MEETING HELD ON THURSDAY, 2016-04-21

Report WITHDRAWN and referred back to the Ethics Committee

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

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

COUNCILLORS

Councillor M Abraham:2016-05-04 (Personal Commitments)

Councillor H Biyela:2016-05-03 to 04 (Indisposed)

Councillor M Darasath:2016-05-04 (Indisposed)

Councillor R Gokool:2016-05-04 (Personal Commitments)

Councillor D Govender:2016-05-04 (Indisposed)

Councillor S Govender:2016-05-03 to 05 (Indisposed)

Councillor M Gumede:2016-05-04 (Personal Commitments)

Councillor SN Gumede:2016-05-03 to 04 (Indisposed)

Councillor BM Gwala:2016-05-04 to 06 (Indisposed)

Councillor NB Iyir:Request to leave at 12:00

Councillor K Kikini:2016-05-04 (Indisposed)

Councillor SH Lubhede:2016-05-03 to 05 (Indisposed)

Councillor RD Macpherson:2016-05-04 (Personal Commitments)

Councillor BA Mkhize:2016-05-04 (Indisposed)

Councillor MM Mkhize:2016-05-04 (Personal Commitments)

Councillor DF Mncwabe:2016-05-04 to 05 (Indisposed)

Councillor AG Mthembu:2016-05-04 to 09 (Personal Commitments)

Councillor NE Mthembu:2016-05-04 (Indisposed)

Councillor S Ndlovu:2016-05-03 to 06 (Personal Commitments)

Councillor SPG Ngcobo:2016-05-04 to 06 (Indisposed)

Councillor M Nojiyeza:2016-05-04 to 05 (Indisposed)

Councillor JJ Pienaar:2016-05-03 to 04 (Indisposed)

Councillor P Pillay:2016-05-04 (Personal Commitments)

Councillor ZR Sokhabase:2016-05-03 to 09 (Indisposed)

Councillor WM Thring:2016-05-04 (Personal Commitments)

Councillor P Zungu:2016-05-04 (Indisposed)

AMAKHOSI

Inkosi PP Luthuli:2016-05-04 (Personal Commitments)

Inkosi DZ Mkhize:2016-05-04 (Personal Commitments)

Inkosi RF Mthembu:2016-05-04 (Personal Commitments)

Inkosi EB Shozi:2016-05-04 (Personal Commitments)

City Administration: Secretariat

04 May 2016

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