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KRR(2017-03-30)(SAM)[CHALL-141410] 2017-04-03 COUNCIL DECISION CIRCULAR : MEETING HELD ON 2017-03-30 TO ALL DEPUTY CITY MANAGERS AND HEADS: Attached please find decisions adopted by the Council at its meeting held on 2017-03-30. Deputy City Managers and Heads are kindly requested to facilitate implementation of the decisions impacting their Clusters and Units within the applicable timeframes. Kindly note that the word "ADOPTED" marked in bold at the end of the recommendation confirms that the item has been approved by Council and is ready for implementation. Other relevant status will be reflected at the end of the recommendation to indicate the position taken by Council on a particular item. Should further information be required on any item on the Council agenda, kindly contact Vishnu Ramsunder on Telephone No.(031) 311-2371 or through email.

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KRR(2017-03-30)(SAM)[CHALL-141410] 2017-04-03

COUNCIL DECISION CIRCULAR : MEETING HELD ON 2017-03-30

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2017-03-30.

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

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

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

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1. FIRST REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2017-03-14

1.1 REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE: MEETING HELD ON 2017-03-02

(Page R1)

1.1.1 Naming of Streets in Ward 50 Covering Grove and Forest Haven (25/4/15/1):(Page 35 : Governance and Human Resources Committee - Agenda 2017-03-02)

COMMITTEE RECOMMENDS:

That the following proposed and reviewed names for the unnamed streets in Ward 50 covering Grove and Forest Haven as indicated on plan STN 22/08/16-1 and STN 22/08/16-2, attached to the report of the former City Manager dated 2016-08-22, be approved.

STREET CODE

PROPOSED NAME

REVIEWED NAME MEANING

109172 DeergroveGreengroveStargrove

DEERGROVEA ruminant mammal form the cervidae family and also keeping with the Christmas theme

121679 UnityhavenRidgehavenGemhaven

UNITYHAVENMeans togetherness or oneness

ADOPTED.

1.1.2 Naming of Street in 77 Covering Welbedacht (25/4/15/1):(Page 41 : Governance and Human Resources Committee - Agenda 2017-03-02)

(It be noted that at this stage of the proceedings at the Governance and Human Resources Committee, time being 10h40, Councillor BP Ntuli left the meeting).

With 29 Councillors present at the Governance and Human Resources Committee, 19 Councillors (ANC -15, TA - 01, EFF- 02, IFP -1) voted in support of the recommendations and 8 - DA Councillors voted against the recommendations and 2 - AIC Councillors abstained. By majority vote the recommendations were endorsed at that Committee.

At the Executive Committee meeting, Executive Committee Member Mncwango referred to a street called Socialism and cautioned Committee on politicizing naming of streets and influencing people on specialist idealism.

Thereafter

COMMITTEE RECOMMENDS:

That the following proposed and reviewed names for the unnamed Streets in Ward 77, covering Welbedacht, as contained in the report of the Deputy Head: Corporate Geographic Information Systems dated 2016-04-07 and as indicated on Plan STN 07/04/16, be approved:-

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STREET CODE PROPOSED NAME REVIEWED NAME MEANING

120129 STREET Mzimasi MZIMASI RIDGE A late community activist

122548 STREET Kayelisha KHAYELISHA RIDGE New Homes

122549 STREET Elizabeth Nomaorite Mnkono

ELIZABETH NOMAKORITE MNKONO STREET

Late local social worker

122550 STREET Mvelo MVELO WALK Late nursing and youth club member

122551 STREET Gumtree GUMTREE CLOSE A type of tree

122552 STREET Tommy Singh TOMMY SINGH HIGHWAY Late first development committee member

122553 STREET Nhlanhla Ngiba NHLANHLA NGIBA CLOSE Late first contractor of Welbedagt

122554 STREET Motheelal MOTHEELAL WAY Late first contractor of Welbedagt

122555 STREET Sardine SARDINE WALK A type of fish

122556 STREET Thandeka THANDEKA LANE Be lovable

122557 STREET Fisherman FISHERMAN LANE A person who catches fish for a living or sport

122558 STREET Eric Phakathi ERIC PHAKATHI STREET Late first chairman of this development

122559 STREET Riverview RIVERVIEW STREET The ability to see something from a natural stream of running water

122560 STREET Thopheleni Ndlovu THOPHELENI NDLOVU STREET

Late first ANC Chairman of this development

122561 STREET Socialism SOCIALISM WAY Sharing

122562 STREET Dlamini DLAMINI CLOSE Clan Name

122563 STREET Bhekokwakhe Makhathini

BEKOKWAKHE MAKHATHINI LANE

A late local activist

122564 STREET Hillview HILLVIEW GROVE Ability to see something from a naturally raised piece of land

122565 STREET Sipho Mhlophe SIPHO MHLOPHE WAY Late first black man in the area

122566 STREET Ubhadane UBHADANE CLOSE Walk slowly

122567 STREET Ingwenya INGWENYA WALK Crocodile

122568 STREET Sboniso Goba SIBONISO GOBA LANE A late taxi driver

122569 STREET Ekuthuleni EKUTHULENI AVENUE A place of peace

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STREET CODE PROPOSED NAME REVIEWED NAME MEANING

122570 STREET Ndayini NDAYINI LANE A late local committee member

122571 STREET Endodeni ENDODENI CLOSE Manhood

122572 STREET Village View VILLAGE VIEW LANE A group of houses and associated buildings

122573 STREET Chakide CHAKIDE PLACE Fox

122574 STREET Shezi Thulanezwi THULANEZWI SHEZI PLACE

A late social sport activist

122575 STREET Msiya MSIYA WALK Late activist

122576 STREET Bongani Ngqolokotho

BONGANI NGQOLOKOTHO STREET

A late local activist

122577 STREET Communist COMMUNIST STREET A person who believes or supports the principles of Communism

122578 STREET Muzikayise Mpinda MUZIKAYISE MPINDA LANE

A late local communist

122579 STREET Soyingwa Pinkyrose SOYINGWA PINKYROSE PLACE

Late social worker

122580 STREET Cadre CADRE WALK Late Comrade

122581 STREET Ezangomeni EZANGOMENI WALK Traditional Healers

ADOPTED, by majority vote.

1.1.3 Naming of Street in Ward 1 Covering Cato Ridge (25/4/15/1):(Page 50 : Governance and Human Resources Committee - Agenda 2017-03-02)

With the Governance and Human Resources Committee having amended the name from “Mpipi Road” to “Jazi Road”,

COMMITTEE RECOMMENDS:

That the following proposed and reviewed names for the unnamed Streets in Ward 1as contained in the report of the Deputy Head: Corporate Geographic Information Systems dated 2015-06-04 and as indicated on plan STN 21/01/15, attached to the report of the former City Manager dated 2015-01-21, be approved:

STREET CODE PROPOSED NAME REVIEWED NAME MEANING

400456 TRACK Ximba Road XIMBA ROAD Named after Inkosi

73020 STREET Inkosi Smangaye Street

INKOSI SMANGAYE STREET

Activist

93418 STREET Jazi Road Jazi Road Tree

7305 TRACK Maduma Street MADUMA STREET Activist

93225 TRACK Thafamasi Road THAFAMASI ROAD Tree

93232 TRACK Intukuso Road INTUKUSO ROAD School

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STREET CODE PROPOSED NAME REVIEWED NAME MEANING

93233 TRACK Othweba Road OTHWEBA ROAD Tree

93235 TRACK Mhali Road MHALI ROAD Tree

93244 TRACK Zitha Road ZITHA ROAD Tree

93249 TRACK Maniza Road MANIZA ROAD Activist

93291 TRACK Gwada Road GWADA ROAD Tree

93292 TRACK Thambo Road THAMBO ROAD Tree

93297 TRACK Maxhosa Road MAXHOSA ROAD Tree

93303 TRACK Thembokwakhe Road THEMBOKWAKHE ROAD

Tree

93311 TRACK Mase Road MASE ROAD Tree

93315 TRACK Sagila Road SAGILA ROAD Tree

93317 TRACK Mjoli Road MJOLI ROAD Tree

93318 TRACK Nyalivokwe Road NYALIVOKWE ROAD Tree

93324 TRACK Insimangawe Road INSIMANGAWE ROAD School

93325 TRACK Jivaza Road JIVAZA ROAD Tree

93327 TRACK Zondi Road ZONDI ROAD Activist

93328 TRACK Maphanga Road MAPHANGA ROAD Activist

93329 TRACK Makhanda Road MAKHANDA ROAD Tree

93330 TRACK Mzomunye Road MZOMUNYE ROAD Tree

93336 TRACK Sthumba Road STHUMBA ROAD Mountain

93338 TRACK Singela Road SINGELA ROAD Tree

93339 TRACK Ntuli Road NTULI ROAD Tree

93340 TRACK Mahlase Road MAHLASE ROAD Tree

93346 TRACK Nceku Road NCEKU ROAD Legend

93350 TRACK Mlaba Road MLABA ROAD Named after Induna

93351 TRACK Mthembu Road MTHEMBU ROAD Named after Induna

93354 TRACK Asizenzele Road ASIZENZELE ROAD School

93363 TRACK Jeqe Road JEQE ROAD Tree

93370 TRACK Nconcosi Road NCONCOSI ROAD Tree

93373 TRACK Mbovana Road MBOVANA ROAD Tree

93408 TRACK Skhole Road SKHOLE ROAD Tree

93417 TRACK Mathema Road MATHEMA ROAD Tree

93424 TRACK Jojo Road JOJO ROAD Tree

93430 TRACK Ntuli Road NTULI ROAD Named after Induna

93432 TRACK Orlando Road ORLANDO ROAD Activist

93444 TRACK Sthumba Road STHUMBA ROAD Tree

93455 TRACK Ntulo Road NTULO ROAD Tree

93456 TRACK Gwala Road GWALA ROAD Tree

93457 TRACK Mkati Way MKATI WAY Tree

94046 TRACK Mabhila Road MABHILA ROAD School

AGNES ROAD Mvangeli Road MVANGELI ROAD Activist

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STREET CODE PROPOSED NAME REVIEWED NAME MEANING

MAZEPA ROAD Phumekhaya Road PHUMEKHAYA ROAD Activist

NEW MARK ROAD

Inkosi Msinga Road INKOSI MSINGA ROAD Activist

SHADY LANE Simangaye Lane SIMANGAYE LANE Activist

WOOD ROAD Mageba Road MAGEBA ROAD Activist

ADOPTED.

1.1.4 Capacity Building for Ward Committees (3/6/1):(Page 83 : Governance and Human Resources Committee - Agenda 2017-03-02)

With 29 Councillors present at the Governance and Human Resources Committee meeting, 19 Councillors (ANC -15, IFP - 01, EFF - 02, TA -1) voted in support of the recommendations and 8 - DA Councillors voted against the recommendations and 2 - AIC Councillors abstained.

The recommendations were, by the majority vote, endorsed thereat.

At the Executive Committee meeting, Executive Committee Member Hoosen sought clarity on dates in respect of the commencement of the operations of the Ward Committees including training and inauguration.

In response it was advised that there would be joint responsibility for all activities relative to the achievement of the objectives of Ward committees. Furthermore the report sought project authority to enable it to go out on tender, hence there would be no dates indicated in the contract. The entire process was anticipated to be finalized by June 2017.

In that regard, with Executive Committee Members Mncwango, De Boer and Hoosen dissenting,

COMMITTEE RECOMMENDS:

1.1.4.1 That authority be granted to the Head : eThekwini Municipal Academy to implement the Capacity Building Programme for Ward Committees to commence in July 2017 including:

1.1.4.1.1 Conducting and participating in formal meetings to achieve Ward Committee objectives;

1.1.4.1.2 Giving advice on Municipal projects; 1.1.4.1.3 Assisting in the implementation of Municipal objectives;1.1.4.1.4 Facilitating relations between the Municipality and Citizens; and1.1.4.1.5 Facilitating service delivery in a Ward Committee context.

1.1.4.2 That authority be granted to the Office of the Speaker to be involved in the capacity building programme of Ward Committees by ensuring that Ward Committees members are available to attend training and systems of support to Ward Committees are established and maintained.

1.1.4.3 That authority be granted to the Office of the Speaker to be responsible for ensuring a supportive environment for the practical component of training to ensure that Ward Committees are well capacitated.

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1.1.4.4 That the Community Participation and Action Support Unit participates in capacity building of ward Committees by ensuring that suitable venues are available in a distance that will not impose travelling constraints.

1.1.4.5 That the eThekwini Municipal Academy Unit, Office of the Speaker and the Community Participation and Action Support Unit be jointly responsible for monitoring all activities related to training to ensure successful completion by all members.

1.1.4.6 That subject to approval of .1 - .5 above, authority be granted to the Head: eThekwini Municipal Academy to incur expenditure in the amount of R7 007 000.00 (Seven Million and Seven Thousand Rand) to implement the capacity building programme for 1100 Ward Committee members.

Estimated financial implications:Item Description Estimated Cost

Training costs for Ward Committees estimated @ R4 500p/p R4 950 000.00

Lunch @R85 per person for 22 days R2 057 000.00

TOTAL R7 007 000.00

Funds will be requested for the 2017/2018 financial year budget.ADOPTED, by majority vote.

1.1.5 Advancing City’s Collaborative and Strategic Partnership with United Cities and Local Government in Africa (UCLGA) (12/8/1):(Page 86 : Governance and Human Resources Committee - Agenda 2017-03-02)

COMMITTEE RECOMMENDS:

1.1.5.1 That authority be granted to the Head : eThekwini Municipal Academy for the formalisation of relations between eThekwini Municipal Academy (EMA) and the African Local Government Academy (ALGA) for the joint implementation of the Executive Masters in City Management including:

1.1.5.1.1 The accreditation of training institutions dedicated to local government and approval of the curricular and courses offered;

1.1.5.1.2 The monitoring of human resources of local governments and their management through the establishment of an Observatory of Local Government professions and their evolution;

1.1.5.1.3 The training of elected officials and executives of local Governments, to improve the managerial capacity and their professional practices making the most of the opportunities offered by ICTs, by establishing platforms for e-learning; and

1.1.5.1.4 EThekwini Municipal Academy will be responsible to collaborate with ALGA to service Southern Africa as a host for the joint implementation of the Executive Masters in the City Management and also work closely with the city's Legal and Compliance Unit to finalise the draft Memorandum of Understanding (MOU) with ALGA.

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1.1.5.2 That subject to the approval of .1 above, authority be granted to the Head: eThekwini Municipal Academy to partner with ALGA to jointly implement the Executive Masters in City Management in a three (3) year agreement until 2020. ADOPTED.

1.1.6 EThekwini Municipal Student Relief Fund Policy (6/P):(Page 113 : Governance and Human Resources Committee - Agenda 2017-03-02)

The Executive Committee amended the recommendations of the Governance and Human Resources Committee as indicated hereunder:

● In recommendation 1; by the addition of the words “to follow the necessary policy formulation process”, at the end thereof.

● In recommendation 2; by the deletion of the words “to implement the eThekwini Municipal Student Relief Fund Policy” and by the substitution therefor of the words “to facilitate the abovementioned process”.

Thereafter,

COMMITTEE RECOMMENDS:

1.1.6.1 That eThekwini Municipal Student Relief Fund Policy, as attached to the report by the Head: eThekwini Municipal Academy dated 2017-02-09, aimed at regulating and providing guidelines for the implementation of the eThekwini Municipal Relief Fund, be adopted and thereafter follow the necessary policy formulation process.

1.1.6.2 That subject to the adoption of .1 above, authority be granted to the Head: eThekwini Municipal Academy to facilitate the abovementioned process.

1.1.6.3 That it be noted that the policy has been drafted in compliance with the Municipal Finance Management Act (MFMA) and has met all requirements in terms of Municipal policy formulation and legal prescripts.ADOPTED, by majority vote

1.1.7 International Scholarship and Exchange Programme (6/4/1):(Page 135 : Governance and Human Resources Committee - Agenda 2017-03-02)

COMMITTEE RECOMMENDS:

1.1.7.1 That in terms of Section 12 of the Municipal Finance Management Act (MFMA), the City Manager be authorized to establish a system to support International Scholarship and Exchange Programmes and assistance in relation to support for the youth that has interest in pursuing their career aspirations through International Scholarship and Exchange Programmes.

1.1.7.2 That subject to the approval of .1 above, authority be granted to the Head: eThekwini Municipal Academy to integrate the International Scholarship and Exchange Programme to be part of the Relief Programme for needy students in receipt of scholarship within eThekwini Municipal area.

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1.1.7.3 That the Head: EThekwini Municipal Academy be mandated to lead a Technical Task Team to oversee and process applications in line with the guidelines and principles of student financial assistance.ADOPTED.

1.2 REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD ON 2017-03-07

(Page R19)

1.2.1 Work in Excess of R500   000: Electrical Reinforcement of Redcliffe Area, Verulam, Ward 60 (DL   2762326) (27/2/R): (Page 18 : Human Settlements and Infrastructure Committee – Agenda 2017-03-07)

COMMITTEE RECOMMENDS:

That authority be granted to the Head: Electricity to incur expenditure estimated at R3 657 500.00 (Three Million Six Hundred and Fifty Seven Thousand Five Hundred Rand) through the normal goods and services procurement process in order to reinforce the existing medium voltage reticulation system in Ward 60, Redcliffe area, Verulam.

DL 2762326: R3 657 500.00Provide 2016/2017Capital Estimates FC 361/CA0050ADOPTED.

1.2.2 Work in Excess of R500   000: Electrical Reinforcement of Trurolands Area, Tongaat, Ward 61 (DL 2741427) (27/2/R):(Page 19 : Human Settlements and Infrastructure Committee – Agenda 2017-03-07)

COMMITTEE RECOMMENDS:

That authority be granted to the Head: Electricity to incur expenditure estimated at R2 246 750.00 (Two Million Two Hundred and Forty Six Thousand Seven Hundred and Fifty Rand) through the normal goods and services procurement process in order to reinforce the existing medium voltage reticulation system in Ward 61, Trurolands area, Tongaat.

DL 274142: R2 246 750.00Provide 2016/2017Capital Estimates FC 361/CA0049 ADOPTED.

1.2.3 Work in Excess of R500   000: Electrical Reinforcement of Waterways Area, Tongaat, Ward 61 (DL 271030) (27/2/R):(Page 20 : Human Settlements and Infrastructure Committee – Agenda 2017-03-07)

COMMITTEE RECOMMENDS:

That authority be granted to the Head: Electricity to incur expenditure estimated at R6 374 500.00 (Six Million Three Hundred and Seventy Four Thousand Five Hundred Rand) through the normal goods and services procurement processes in

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order to reinforce the existing medium voltage reticulation system , Waterways area, Tongaat.

DL 2710330: R6 374 500.00 Provided 2016/2017Capital Estimates FC361/CA0048ADOPTED.

1.2.4 Proposed Replacement of the Existing Aged 132 kV Oil Filled Cables with 132 kV XLPE Cables (27/2/1/3/R):(Page 21 : Human Settlements and Infrastructure Committee – Agenda 2017-03-07)

It was noted that the implementation of this project will require an amount of R350 650 000.00 (Three Hundred and Fifty Million Six Hundred and Fifty Thousand Rand). However, the Committee recommended to approve only the amount of R80 000 000.00 (Eighty Million Rand) to be made available in the 2017/2018 financial year. It was noted that the Members were not in position to consider other projects to be implemented in 2018/2019 and 2019/2020 financial years. Therefore, it was agreed that the Head : Electricity be requested to submit a further report seeking authority for the outer years before the beginning of that financial year.

COMMITTEE RECOMMENDS:

1.2.4.1 That the replacement of the existing aged 132 KV Oil Filled Cables with 132 KV XLPE Cable at a total cost of R80 000 000 (Eighty Million Rand) to be made available in the 2017/2018 financial year, be approved.

1.2.4.2 That Subject to the adoption of .1 above, the Head: Real Estate be authorised to negotiate for the acquisition of any land and/or servitude rights which may be required for this project.

1.2.4.3 That subject to the adoption of .2 above, the Head: Real Estate be authorised to deviate from the Supply Chain Management Regulations and negotiate for the acquisition of the Municipality's requirements, utilizing Regulation 36 (1)(a)(ii) for the Supply Chain Management Regulations.

1.2.4.4 That subject to the adoption of .2 above and the approval of the Bid Adjudication Committee pursuant to successful negotiations, the Head: Real Estate be authorised to sign the relevant agreements and documents necessary to effect transfer of the eThekwini Municipality's requirement.

1.2.4.5 That the City Manager records the reasons for any deviations and reports it to the next meeting of Council and includes it as a note to the annual financial statements in terms of Section 36(2) of the Supply Chain Management Regulations.

1.2.4.6 That in the event of negotiations being unsuccessful the Head: Real Estate be authorised to expropriate any land and /or servitude rights which may be required for this project and to sign all documents necessary to give effect to the expropriation.

1.2.4.7 That authority be granted to the Head : Electricity to submit a further report seeking authority for the outer years before the beginning of that financial year.

FC Number : 361/0051ADOPTED.

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1.2.5 Motivation for Funding: Rehabilitation of Solomon Mahlangu Drive Concrete Pavement (M7) Between South Coast Road and N2 Freeway (In and Out Bound Carriageway) (25/4/6/1):(Page 24 : Human Settlements and Infrastructure Committee – Agenda 2017-03-07)

The Human Settlements and Infrastructure Committee noted that the implementation of the project will require an amount of R160 000.000.00 (One Hundred and Sixty Million Rand) (excluding VAT), including an additional cost of R5 000 000.00 (Five Million Rand) which may be required for drainage system. However, the Committee recommended to approve an amount of R146 000 000.00 (One Hundred and Forty Six Million Rand) which would be utilized toward the rehabilitation of Solomon Mahlangu Drive with an exclusion of 10% contingency.

Furthermore, the Committee requested the Head : Engineering to provide a report on the cost breakdown of project including an additional amount of R5 000 000.00 which may be required for drainage system to the next meeting of the Human Settlements and Infrastructure Committee for information.

At the Executive Committee meeting, with Executive Committee Members Mncwango, De Boer and Hoosen dissenting on the basis that a further investigation of the rehabilitation of the Solomon Mahlangu Drive needed to take place,

COMMITTEE RECOMMENDS:

1.2.5.1 That an amount of R146 000 000.00 (One Hundred and Forty Six Million Rand) (excluding VAT) be made available via the adjustment budget in the 2017/2018 financial year for the rehabilitation of Solomon Mahlangu Drive for concrete pavement between South Coast Road and N2 Freeway (In and out bound carriageway).

1.2.5.2 That authority be granted to the Head : Engineering to provide a report on the cost breakdown of project including an additional amount of R5 000 000.00 which may be required for drainage system to the next meeting of the Human Settlements and Infrastructure Committee for information.Recommendations REFERRED BACK to Human Settlements and Infrastructure Committee to enable the Chairperson of that Committee to obtain further information hereon.

1.2.6 Review of Tariffs: Roads System Management 2017/2018(FILE REF. 7/6/1/2):(Page 58 : Human Settlements and Infrastructure Committee – Agenda 2017-03-07)

At the Executive Committee meeting, with Executive Committee Members Mncwango, De Boer and Hoosen dissenting,

COMMITTEE RECOMMENDS:

1.2.6.1 That the tariffs applicable to the eThekwini Municipality’s Roads System Management Department be amended as reflected in the annexure attached to the report of the Head: eThekwini Transport Authority dated 2017-01-12.

1.2.6.2 That the City Manager be instructed without delay:-

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

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(a) on the City Hall Notice Board, and

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

1.2.6.2.2 To publish in the Ezasegagasini Metro a notice in the following form:-

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, Pixley kaIsaka Seme (West) Street, Durban

(ii) ………………………………………..etc

(c) The effective date for the implementation of the said tariff of charges is 2017-07-01

………………………………..CITY MANAGER ETHEKWINI MUNICIPALITY

Date…………………………….

(iii) To seek to convey the information referred to in the said notice to the public through East Coast Radio and Ukhozi Radio, and

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

ADOPTED.

1.3 REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE: MEETING HELD ON 2017-03-09

(Page R23)

1.3.1 Memorandum of Agreement with the KwaZulu-Natal Conservation Board, Trading as Ezemvelo KZN Wildlife (20/1/4/3):(Page 36 : Economic Development and Planning Committee - Agenda 2017-03-09)

The Committee noted that the aim of partnering with the KZN Nature Conservation Board, trading as Ezemvelo KZN Wildlife, is for the mutual benefit of promoting Durban as a tourism destination as well as for promoting KZN Wildlife projects.

COMMITTEE RECOMMENDS:

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1.3.1.1 That the City Manager be authorised to negotiate and conclude a Memorandum of Agreement between the KwaZulu-Natal Nature Conservation Board and the eThekwini Municipality, for the promotion Durban as “the warmest place to be”, with a view to increasing Kwazulu-Natal’s economic growth by carrying out their tourism respective mandates and generating revenue for the Province.

1.3.1.2 That the Head : Business Support, Tourism and Markets keep Council updated on progress and benefits of the Memorandum of Agreement between the KZN Nature Conservation Board Trading as Ezemvelo KZN Wildlife and the eThekwini Municipality’s Business Support, Markets and Tourism Unit.ADOPTED.

1.3.2 Municipal Entity Proposed Multi-Year Budget and Business Plans (2017/2018 - 2019/20): ICC Durban and Durban Marine Theme Park (2/1/5/1 and 7/1/2/1):(Page 40 : Economic Development and Planning Committee - Agenda 2017-03-09)

COMMITTEE RECOMMENDS:

That the proposed Multi Year Budgets and Business Plans for the Municipal Entities for the financial years 2017/2018 to 2019/2020 submitted undercover of a report by the Acting City Manager, dated 2017-01-16, and considered in terms of Section 87 (1), (2) and (5) (d) of the Municipal Finance Management Act No. 56 of 2003, be approved.ADOPTED.

1.3.3 Request for Political Oversight of Climate Change Work in eThekwini Municipality Through the Reconvening of the Municipal Climate Change Committee (32/2/2):(Page 168 : Economic Development and Planning Committee - Agenda 2017-03-09)

Having given due consideration to the work undertaken within the eThekwini Municipality and the nature and scale on which this operates i.e. local, regional, national and international, primarily in respect of oversight,

COMMITTEE RECOMMENDS:

1.3.3.1 That the eThekwini Climate Change Committee, chaired by Her Worship the Mayor, with technical support from the Climate Protection Branch and the Energy Office, be reconvened.

1.3.3.2 That the establishment of a co-ordinating Task Team comprising Heads of Department or their delegated Officials to ensure an integrated and efficient approach to implementing climate change and other environmental actions within the eThekwini Municipality, be supported.ADOPTED.

1.3.4 Public Realm Improvement Creative Industries District:(Page 177 : Economic Development and Planning Committee - Agenda 2017-03-09)

COMMITTEE RECOMMENDS:

1.3.4.1 That the establishment of the “Creative Industries District be supported in principle;

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1.3.4.2 That subject to the adoption of .1 above the Head: Real Estate be instructed to secure vacant occupation of Portion B of the land delineated on Hand Plan SJ 4661/1 by the end of June 2017, to allow the development of the envisaged public realm improvement and to proceed;

1.3.4.3 That subject to the adoption .1 and .2 above, the Municipal owned land parcel as delineated on Hand Plan SJ4661/1 be set-aside to the Economic Development & Investment Promotion Unit for the purpose of public realm improvement and further development to complement and support the Creative Industries District.

1.3.4.4 That subject to the adoption of .1 and .2 above, the Head: Real Estate be authorized to acquire a portion of PRASA land as shown on the Annexure C diagram, attached to the report of the Acting City Manager dated 2017-02-17, approximately 5,000m² n extent, at current market value or by a suitable long-term lease of at least 40 years, where the final terms of an agreement is to be reported to the Committee and endorsed before the agreement is concluded.

Financial details:

Bu Item Fund Costing Project Region Amount Year

26101 45550 12120 0000 S1116 W027 R3 000 000 (Excl. VAT)

Provided in 2017/18

26101 45550 12120 0000 S1116 W027 R3 000 000 (Excl. VAT)

Provided in 2017/18

26101 45550 12120 0000 S1116 W027 R4 000 000 (Excl. VAT)

Provided in 2017/18

FC No. 18/CA39ADOPTED.

1.3.5 Woza Enanda Eco-Tourism and Early Childhood Development Project (20/1/4/3):(Page 186 : Economic Development and Planning Committee - Agenda 2017-03-09)

Following brief elaboration on the aforementioned report by the Acting City Manager dated 2017-02-16,

COMMITTEE RECOMMENDS:

1.3.5.1 That the Head: Real Estate Unit be authorised to negotiate and enter into a lease agreement or other appropriate tenure agreements with the owners of Lot 698 of Inanda Glebe for development under the authority of the Economic Development and Investment Promotion Unit.

1.3.5.2 The Head: Real Estate Unit be authorized to negotiate and enter into a lease agreements or other appropriate tenure agreements with the owner of Lot 702 of Inanda Glebe for development under the authority of the Economic Development and Investment Promotion Unit.

1.3.5.3 That subject to adoption of .1 and .2 above, in the event that it becomes necessary to acquire the required property in freehold, the Head Real Estate be authorised to acquire this property by private treaty negotiation or expropriation. Furthermore, that the Head: Economic Development and Investment Promotion Unit be authorized to make provision for funding in the 2017/18 financial year

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1.3.5.4 The Head: Economic Development and Investment Promotion be authorized to subject to approval of the 2016/2017 adjustment budget to allocate R1.2 million (One Million Two Hundred Thousand Rand) excluding VAT in the2016/2017 financial year and R2.3 million (Two Million Three Hundred Thousand Rand) excluding VAT in the 2017/2018 financial year for the Woza eNanda Eco-tourism and Early Childhood Development Facility on Lot 698 Inanda Glebe.

BU ITEM FUND COSTING PROJECT REGION AMOUNT YEAR

26101 45360 12120 0000 51125 W044 R1 200 000(excl. VAT)

To be met via Adjustment budget in 2016/2017

26101 45360 12120 0000 51125 W044 R2 300 000(excl. VAT)

Provided in 2017/2017

ADOPTED.

1.3.6 Upgrade Site 1288 Old North Coast Road Buy-Back (24/8/5/R):(Page 192 : Economic Development and Planning Committee - Agenda 2017-03-09)

The Committee noted that the strategic objective of the Economic Development and Investment Promotion Unit and the Durban Solid Waste and Business Support Unit forming a partnership is to contribute toward attaining goal 2 of the Integrated Development Plan, which relates to growing the economy and job creation.

It was further noted that one of the recommendations which arose out of a study conducted in 2015 related to the infrastructural development and facilitation of appropriate recycling facilities in various areas within the City in order to attain the aforementioned objectives.

COMMITTEE RECOMMENDS:

1.3.6.1 That, in order to facilitate a larger volume of waste that need to be processed thereby creating a positive effect in job opportunities, the upgrade of the Old North Coast Road Recycling Centre, be approved.

1.3.6.2 That subject to .1 above, the Head: Economic Development and Investment Promotion be duly authorized to initiate and facilitate the upgrade for the Old North Coast Road Recycling Centre.

1.3.6.3 That the Head: Economic Development and Investment Promotion in consultation with the Head: Cleansing and Solid Waste report progress on this project.

PROJECT NO. AMOUNT YEAR

S1017 R 600 000 (excl. VAT) To be provided as per adjustment budget 2016/2017

S1017 R5 200 000 (excl. VAT) To be provided 2017/2018

FC/CA37ADOPTED.

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1.3.7 Co-operation Agreement with Standard Bank of South Africa (7/8/1):(Page 195 : Economic Development and Planning Committee - Agenda 2017-03-09)

At the Economic Development and Planning Committee the Democratic Alliance (DA) abstained on the basis that the Co-operation Agreement between eThekwini Municipality and Standard Bank should have been presented to the Economic Development and Planning Committee for perusal.

At the Executive Committee meeting, with Executive Committee Members Mncwango, De Boer and Hoosen abstaining,

COMMITTEE RECOMMENDS:

1.3.7.1 That on behalf of eThekwini Municipality the City Manager be authorised to enter into a Co-operation Agreement with Standard Bank of South Africa Limited for the access to Finance Programme for SMME’s which is aimed at facilitating the process for suppliers that are awarded contracts by eThekwini to access funding, refer suppliers to meet the qualifying criteria for Standard Bank of South Africa for finance application and to ensure that the payments for contracts awarded to the supplier by the Municipality are paid to a Joint Account, and managed by Standard Bank for the sole purpose of the loan transaction granted to such suppliers.

1.3.7.2 That the Head: Business Support Tourism and Markets be authorized to report progress on this initiative on an annual basis.ADOPTED, by majority vote.

1.3.8 Memorandum of Understanding with Progressor Development (20/1/6/3):(Page 198 : Economic Development and Planning Committee - Agenda 2017-03-09)

At the Economic Development and Planning Committee the Democratic Alliance (DA) abstained as they were of the view that the Memorandum in question should have been presented to the Economic Development and Planning Committee for perusal.

At the Executive Committee meeting, with Executive Committee Members Mncwango, De Boer and Hoosen abstaining,

COMMITTEE RECOMMENDS:

1.3.8.1 That the City Manager be given authority to enter into a partnership and sign the Memorandum of Understanding between eThekwini Municipality and Progressor Development, a non-profit organization which has a national footprint, and whose core function is to provide intellectual property contractor development programmes, co-ordinate and facilitate human and financial resources for successful implementation of the programme, and to co-ordinate and facilitate availability of projects within the private sector.

1.3.8.2 That subject to the approval of .1 above, the Head: Business Supports, Markets and Tourism Support be given authority to monitor the Program and report progress thereon to the Economic Development and Planning CommitteeADOPTED, by majority vote.

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1.3.9 Facilitation and Strengthening of Social Dialogue Mechanism in the Informal Economy and Business Forums within eThekwini Municipality (20/1/5/1):(Page 201 : Economic Development and Planning Committee - Agenda 2017-03-09)

COMMITTEE RECOMMENDS:

1.3.9.1 That the progress made in the partnership with the International Labour Organization (ILO), through projects such as the eThekwini Master Caterers Challenge, the Start-up and Go : Youth Entrepreneurship, Social Economy and Co-operative Development projects, outlined in the report by the Acting City Manager dated 2017-02-14, be noted.

3.9.2 That the Acting Head: Business Support, Tourism and Markets and the Head: eThekwini Municipality Academy, be authorised to execute the proposed implementation plan in order to initiate social dialogue processes to strengthen inclusivity and broaden various stakeholders participation in the Municipality.

3.9.3 That subject to the approval of .2 above, the Acting Head: Business Support Tourism & Markets and the Head: eThekwini Municipality Academy be given authority to monitor the programme and provide reports to the Economic Development and Planning Committee thereon.ADOPTED.

1.3.10 Authorisation for Event Leveraging and Destination by the 9 City’s Funding and Partnership with Strategic Festive Events from April to June 2017 (13/2/1/1/1):(Page 228 : Economic Development and Planning Committee - Agenda 2017-03-09)

At the Executive Committee meeting, with Executive Committee Members Mncwango, De Boer and Hoosen abstaining.

COMMITTEE RECOMMENDS:

1.3.10.1 That the partnership funding for the hosting of the following events as outlined in the report by the Acting City Manager dated 2017-02-20, be noted:-

No. Name of event Months

1 Durban Picnic Day 16 April 2017

2 The Youth Hip Hop Festival 06 May 2017

3 Tour Durban Cycle: Sport Tourism 30 April 2017

4 Umbumbulu Music Festival 03 June 2017

1.3.10.2 That the Head Business Supports, Tourism and Markets be granted authority to negotiate benefits and rights to leverage the destination and profile Durban with the event organisers.

1.3.10.3 That the City Manager be granted the authority to conclude contracts with the event owners against the partnership investment.

1.3.10.4 That the Head Business Support, Tourism and Markets report back to the Economic Development & Planning Committee on the outcomes of partnering and hosting such events.

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1.3.10.5 That it be noted that the total budget implications for the events in the financial year 2016/2017, as provided for is:-

DURBAN TOURISM : R2 500 000,00 excluding VAT F/C No. 13/25BUSINESS UNIT ITEM.SUB FUND COSTING PROJECT REGION

34552 16315 12120 0000 85500 0010

ADOPTED, by majority vote.

1.3.11 Policy and Process for the Appointment of Directors of the Boards of Municipal Entities (4/3/P):(Page 234 : Economic Development and Planning Committee - Agenda 2017-03-09)

At the Economic Development and Planning Committee officials elaborated briefly on the aforementioned report, with particular emphasis on the following salient points:-

● It is the role of the “parent” Municipality to nominate or appoint the board of directors of the municipal entities in accordance with Section 93E (2) of the Municipal Systems Act.

● The issues of skills, experience, independence, knowledge, gender and race need to be given consideration in order to have a diversified board capable of giving strategic direction to the Municipal Entity, in line with the developmental agenda of local government, and also in keeping with the transformation and empowerment agenda, which is a national policy imperative, is necessary.

● The detailed appointment procedure, as outlined in the report was alluded to.

The Democratic Alliance abstained at the Economic Development and Planning Committee on the basis that they had not sufficient time to peruse the report.

At the Executive Committee meeting, with Executive Committee Members Mncwango, De Boer and Hoosen abstaining,

COMMITTEE RECOMMENDS:

That the Policy and process for the Appointment of Directors of the Boards of Municipal Entities, as outlined in the report by the Acting City Manager dated 2017-02-13, be approved.ADOPTED, by majority vote.

1.4 REQUEST FOR RECTIFICATION OF RESOLUTION: APPROVAL OF DIRECTORS REMUNERATION AT INKOSI ALBERT LUTHULI INTERNATIONAL CONVENTION CENTRE (ICC) (4/5/1/1)

(Page 14)

The Executive Committee noted that at its meeting on 2017-02-23, it recommended to Council the approval of the remuneration policy and the remuneration increases of Directors at Inkosi Albert Luthuli International Convention Centre (ICC) and Durban Marine Theme Park (DMTP). However, the Executive Committee report to Council

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erroneously reflected an increase of 6% for both Entities whereas this percentage was only applicable to DMTP. The ICC requested increases as per the information contained in the table indicated hereunder:

Board Meetings:Description 2015/16

Board Meetings2016/17Board Meetings

Percentage Increase

Chairperson R6 000.00 R15 400.00 157%

Board Members R3 000.00 R 7 700.00 157%

Sub-Committee Meetings:Description 2015/16

Board Meetings2016/17Board Meetings

Percentage Increase

Chairperson R3 000.00 R4 700.00 57%

Board Members R3 000.00 R 3 700.00 23%

Therefore, in order to rectify the matter

COMMITTEE RECOMMENDS:

1.4.1 That the following part recommendations adopted by Council on 2017-02-23, relative to the remuneration of the Directors of Inkosi Albert Luthuli International Convention Centre, be rescinded:-

“4.1 That Council approves the Inkosi Albert Luthuli International Convention Centre Directors Remuneration Policy included in the report by the Acting City Manager 2017-02-13 and the proposed remuneration increase of 6% to be implemented with effect from 01 July 2016, it being noted that there are no financial implications to the Municipality.”

1.4.2 That subject to the approval of .1 above, Council approve the following correct percentage increase for the remuneration of the Directors of Inkosi Albert Luthuli International Convention Centre (ICC), it being recorded that there are no financial implications to the Municipality since provision has been made in the ICC budget:-

(i) 157% for the Board meetings for both the Chairperson of the Board and the ordinary members of the Board.

(ii) 57% for the Sub-Committee meetings for the Chairperson of the Board.(iii) 23% for the Sub-Committee meetings for the ordinary Board members.

Board Meetings:Description 2015/16

Board Meetings2016/17Board Meetings

Percentage Increase

Chairperson R6 000.00 R15 400.00 157%

Board Members R3 000.00 R 7 700.00 157%

Sub-Committee Meetings:Description 2015/16

Board Meetings2016/17Board Meetings

Percentage Increase

Chairperson R3 000.00 R4 700.00 57%

Board Members R3 000.00 R 3 700.00 23%

ADOPTED, by majority vote.

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1.5 DURBAN TRANSPORT FARE INCREASE (7/6/1/7)

(Page 33)

The Executive Committee noted that Clause 25.2 of the Durban Transport Contract stipulates that fares must be increased annually in order to keep abreast with inflation and operating costs and to allow the service of levels to be maintained. Further the contract indicates that the implementation of such increase will be 1 January annually.

In terms of the Contract, EThekwini Transport Authority commissioned an independent assessment of the actual cost increases in fuel, labour and other operating costs. Such assessment had been conducted by Transport Economic Support Services (TESS) and a fee increase of 8% was recommended.

When this matter was considered by the Executive Committee, Executive Committee Members Mncwango, De Boer and Hoosen dissented on the basis that a comprehensive report on outstanding issues regarding Durban Transport was being awaited and furthermore the effect of the increase to Commuters had not been properly highlighted in the report.

Thereafter,

COMMITTEE RECOMMENDS:

That in line with Clause 25.2 of the Durban Transport Contract stipulating that fares must be increased annually, the fare increase of 8 percent as recommended by Transport Economic Support Services after undertaking an independent assessment of the actual cost increase in fuel; labour; and other operating costs, be approved, for implementation with effect from 01 April 2017 to keep abreast with inflation and operating costs and to allow the current levels of service to be maintained.ADOPTED, by majority vote.

1.6 REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF JANUARY 2017 (9/1/3)

(Page 56)

When this item was considered by the Executive Committee, the Executive Committee Member Mncwango declared an interest herein and recused himself from the meeting. As Executive Committee Member Mncwango refused to divulge the name of the Company that he had declared an interest in, such matter was referred to the Speaker for attention.

Thereafter, following due consideration of the report,

COMMITTEE RECOMMENDS:

1.6.1 That the monthly report of the Acting City Manager dated 2017-02-10, relative to awards made by the City for the month of January 2017, as presented, be noted.

1.6.2 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 the Units.

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1.6.3 That the Acting 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.

1.6.4 That the Acting City Manager shall table a report to the Committee relative to the disciplinary, criminal and recovery actions taken, it being noted that the Acting City Manager can only respond when the reports are available.Recommendations 1.6.1, 1.6.2 and 1.6.3 NOTED and Recommendation 1.6.4 ADOPTED.

1.7 DRAFT RATES POLICY 2017/2018 (7/2/P)

(Page 86)

The Executive Committee was advised that the draft Rates Policy had been approved in principle by Council on 2017-12-08 and subsequently submitted to the Public for comments in terms of Section 4 of the Local Government : Municipal Property Rates Act 6 of 2004 (MPRA).

The said draft policy had been advertised and available for public inspection with effect from 2016-12-15 until 2017-01-31. As a consequence of comments received from the Public, the draft Rates Policy has been amended.

Therefore,

COMMITTEE RECOMMENDS:

1.7.1 That the proposed amendments to the Rates Policy 2017/2018, as contained in the report of the Acting City Manager dated 2017-02-23, be approved.

1.7.2 That in terms of Section 3 of the Local Government : Municipal Property Rates Act, 2004, and subject to .1 above, the amended Rates Policy, attached as Annexure A to the report of the Acting City Manager dated 2017-02-23, be adopted for implementation in the 2017/2018 financial year, it being recorded that Political Party Caucuses will deliberate on the Rates Policy 2017/2018 further at their respective caucus meetings.ADOPTED, by majority vote

1.8 TARIFF POLICY 2017/2018 (7/6/P)

(Page 164)

The Executive Committee noted that the purpose of the report by the former City Manager dated 2016-11-15 in the above regard was to seek in-principle approval of the 2017/2018 draft Tariff Policy to facilitate compliance with Section 21(1)(a) of the Municipal Finance Management Act (MFMA) in due course.

Therefore, having given this matter due consideration,

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COMMITTEE RECOMMENDS:

That the draft Tariff Policy for the 2017/2018 financial year, attached as Annexure A to the report of the former City Manager dated 2016-11-15, incorporating amendments as outlined in the report by the former City Manager, be approved in-principle and be finally approved by Council at its annual Budget meeting in May 2017, together with the Municipality’s Budget.ADOPTED, by majority vote.

1.9 PARTICIPATION AT THE UNITED CITIES AND LOCAL GOVERNMENT (UCLG) 2017: URBAN RETREAT AND CAMPUS FROM 20 TO 24 FEBRUARY 2017 (14/1/1)

(Page 202)

The Executive Committee noted the contents of the report in the above regard by the Chief Strategy Officer, the purpose of which was to provide a feedback on the above-mentioned meeting that he, together with the IDP Manager, had attended.

In that regard,

COMMITTEE RECOMMENDS:

1.9.1 That the report by the Chief Strategy Officer, relative to his attendance and participation at ULCG, together with the following recommendations, be noted.

1.9.1.1 That a briefing session be convened by the Chief Strategy Officer with Her Worship the Mayor to inform her on the areas of collaboration between the City and the UCLG and the City’s role in “driving” the Committee.

1.9.1.2 That the Sustainable Development Goals (SDG’s) and targets be aligned to the City projects in the Service Delivery and Budget Implementation Plan (SDBIP).

1.9.1.3 That upon development of the SDG toolkit, the Executive Committee be briefed on the implementation of the SDG’s at a session to be hosted by the UCLG and the Strategy Office later in the year.

1.9.1.4 That the Head: International & Governance Relations ensure the payment of necessary fees and financial commitments and the Deputy City Manager: Governance and International Relations be requested to take responsibility for this.

1.9.1.5 That the Chief Strategy Officer provide quarterly reports on the UCLG activities and update on the commitments made to the UCLG.

1.9.1.6 That a meeting of key political and administration representatives to consider the feasibility of hosting the World Council Meeting Call Candidates Host City in November 2017 be convened and a high level report to be forwarded to the South African Local Government Association (SALGA) indicating eThekwini’s Municipality’s role in the UCLG as well as its support for President, Councillor Parks Tau.

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1.9.1.7 That a Communication Strategy and Plan be developed to ensure that senior staff are informed of the SDG’s to enable its targets to be incorporated into departmental planning projects and that the strategy should include referencing of the SDG’s in Mayoral speeches and editorials communication inserts and Stratman seminars.

1.9.1.8 That a presentation and acknowledgement of Sustainable Development Goals (SDG’s) as one of the strategic approaches to development at Municipal Strategic Planning sessions for new budget and Integrated Development Plan (IDP) processes, be noted.

1.9.1.9 That the Executive Committee be apprised on the need for Political and Technical Representation at the Executive Meeting of the UCLG to be convened in Madrid in April 2017.

1.9.1.10 That a high level report to the New Mayor of Porto Allegre, the second Co-Chairperson of the Urban Strategic Planning Committee be provided and that he be updated on progress of the Urban Strategic Planning (USP) Committee.ADOPTED.

1.10 REPORT ON AWARDS MADE BY THE CITY FOR FEBRUARY 2017 (9/1/3)

(Page 209)

COMMITTEE RECOMMENDS:

1.10.1 That the monthly report of the Acting City Manager dated 2017-03-10, relative to awards made by the City for the month of February 2017, as presented, be noted.

1.10.2 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 the Units.

1.10.3 That the Acting 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.

1.10.4 That the Acting City Manager shall table a report to the Committee relative to the disciplinary, criminal and recovery actions taken, it being noted that the Acting City Manager can only respond when the reports are available.Recommendations 1.10.1, 1.10.2 and 1.10.3 NOTED and Recommendation 1.10.4 ADOPTED.

1.11 BACK TO BASICS REPORT FOR THE MONTH ENDED 30 NOVEMBER 2016 (2/3/2/1/2)

(Page 281)

COMMITTEE RECOMMENDS:

That the Back-to-Basics report outlining progress by the eThekwini Municipality in achieving its performance indicators for the month ended 30 November 2016, compiled as per the requirements of Circular No. 47 of 2014 from the Department of

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Co-operative Governance and Traditional Affairs, with a view to analysing the state of local governance and making an informed assessment to support and intervene where required, be noted.NOTED.

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

(Page 286)

COMMITTEE RECOMMENDS:

That the Back-to-Basics report outlining progress by the eThekwini Municipality in achieving its performance indicators for the month ended 31 December 2016, compiled as per the requirements 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 making an informed assessment to support and intervene where required, be noted.NOTED.

1.13 BACK TO BASICS REPORT FOR THE MONTH ENDED 31 JANUARY 2017 (2/3/2/1/2)

(Page 291)

COMMITTEE RECOMMENDS:

That the Back-to-Basics report outlining progress by the eThekwini Municipality in achieving its performance indicators for the month ended 31 January 2017, compiled as per the requirements 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 making an informed assessment to support and intervene where required, be noted.NOTED.

1.14 BUDGET STATEMENT REPORT FOR THE MONTH ENDING 31 JANUARY 2017 (7/1/4)

(Page L14)

COMMITTEE RECOMMENDS:

That the Budget Statement Report for the month ending 2017-01-31, submitted 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, the Municipal Budget and Reporting Regulations”, as at 31 January 2017, be noted. NOTED.

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2. SECOND REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2017-03-28

2.1 REPORT OF THE COMMUNITY SERVICES COMMITTEE: MEETING HELD ON 2017 - 03 - 15

(Page R1)

2.1.1 Sizakala Customer Service Unit Mid-Term Report 2015/2016 (11/1/2):(Page 36 : Community Services Committee - Agenda 2017-03-15)

COMMITTEE RECOMMENDS:

That the mid-term report 2015/2016 for the Sizakala Customer Services Unit, be noted, which report gives satisfactory achievement of the mandate of the Unit which is to ensure access to Municipal and Government services and improved customer relations, it being recorded that there are challenges identified but that theseare manageable.ADOPTED.

2.1.2 Religious Leaders Elective Conference (13/2/1/1/1):(Page 49 : Community Services Committee - Agenda 2017-03-15)

The Community Services Committee considered the report by the Acting City Manager dated 2017-02-02, which was submitted for the purpose of seeking approval to host the Religious Leaders Elective Conference. Regarding budget for this programme, the Committee was advised that the Religious Leaders were part of Unit’s Stakeholder Engagement Programme and that this Conference was budgeted for within the approved Departmental Business Plan.

It was noted that the report was initially prepared for consideration at the Community Services Committee meeting scheduled for 2017-03-01. As a result of the postponement of the aforementioned meeting to 2017-03-15, the Conference was also postponed as the report for hosting it had not been approved. The Committee then agreed that a new date for the Conference together with the programme of the day would be finalised by Management in consultation with the leadership of the Committee.

In that regard,

COMMITTEE RECOMMENDS:

2.1.2.1 That the report of the Acting City Manager dated 2017-02-02 regarding the hosting of the Religious Leaders Elective Conference by eThekwini Municipality, be approved, it being recorded that the new date of the Conference is still to be scheduled as well as the programme thereof.

2.1.2.2 That subject to .1 above, authority be granted to the Head: Community Participation to incur expenditure in the estimated amount of R156 000.00 (One Hundred and Fifty Six Thousand Rand) for the hosting of the Religious Leaders Elective Conference.

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No Details BusUnit

Item Fund Costing Project Region Amount

1. Hire of Venue

32313 15900 12120 0000 37620 0010 18 000

2. Hire of Tables

32313 15900 12120 0000 37620 0010 15 000

3. Decor 32313 15900 12120 0000 37620 0010 20 000

4. Hire of Sound & Video

32313 15900 12120 0000 37620 0010 28 000

5. Catering 32313 11400 12120 0000 37620 0010 75 000

Total 156 000

F.C Number : 06/38 ADOPTED.

2.1.3 Grant in Aid Policy Workshops:(Page L15 : Community Services Committee - Agenda 2017-03-15)

The report by the Acting City Manager dated 2017-02-15 relative to Grant In-Aid Policy Workshops was submitted with a purpose to appraise the Community Services Committee of the next planned phases of Community Workshops and to seek authority to implement such workshops in 6 regions.

The Democratic Alliance (DA) recorded its abstention at the Community Services Committee meeting. Again, it recorded its abstention at the Executive Committee meeting and also queried the reasons for submitting an outdated schedule of workshops. On the issue of the outdated schedule clarity was given that the resolution before the Executive Committee was to request the review of the dates.

COMMITTEE RECOMMENDS:

2.1.3.1 That the report of the Deputy City Manager: Governance and International Relations dated 2017-02-15, relative to the Grant-In-Aid Policy Workshops, be approved in principle, subject to the Head: Community Participation and Action Support ensuring that the Acting City Manager also endorses the report prior to the implementation.

2.1.3.2 That subject to .1 above, authority be granted to the Head : Community Participation and Action Support to incur expenditure in the estimated amount of R 244 700. 00 (Two Hundred and Forty Four Thousand Seven Hundred Rand) to convene Grant-in-Aid policy Workshops subject to:-

2.1.3.2.1 The proposed dates of the workshops being reviewed in consultation between the Management and the leadership of the Community Services Committee.

2.1.3.2.2 That Ward Councillors be engaged at the initial stage of planning for implementation in order to furnish them with information of events taking place at their wards.

2.1.3.2.3 That a report back regarding the outcome of workshops be submitted to the Community Services Committee. ADOPTED.

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2.2 REQUEST FOR AUTHORITY TO PAY ETHEKWINI MARITIME CLUSTER AS PART OF THE CITY’S CONTRIBUTION TOWARDS COVERING THE COSTS FOR HOSTING THE MARITIME SUMMIT TO BE HELD IN DURBAN ON 3 RD

AND 4 TH APRIL 2017 (13/2/1/2/1)

(Page 1)

With the DA requesting to be furnished with a schedule of annual events being supported by eThekwini Municipality to enable them to monitor that the events taking place have been approved by Council,

COMMITTEE RECOMMENDS:

That Council approves an amount of R500 000.00 (Five Hundred Thousand Rand), (VAT exclusive, to be paid to the eThekwini Maritime Cluster as a City’s contribution towards covering the costs for the hosting of the 2017 Maritime Summit from 03 to 04 April 2017.

Financial Implications:

City funding will be utilised to cover the costs for venue, set-up of the venue suitable infrastructure and equipment such as the marquee, shell schemes, audio visual equipment.

Item Budget

Maritime Summit R165 470.00

Trade Exhibition EXPO R140 930.00

Maritime Industry Awards R193 600.00

Total R500 000.00

Vote No.: 26102.35000-4.19925.0000.12120.0010 FC No.: 18/21ADOPTED.

2.3 EXPROPRIATION OF LAND : HAMMARSDALE/STATION ROAD : 2 METRE WIDE WATER PIPELINE SERVITUDE OVER REMAINDER OF PORTION 1 OF THE FARM DALE SPRUIT NO 13624 : PLAN NO SJ4688/1 (17/2/1/1/4)

(Page 10)

COMMITTEE RECOMMENDS:

2.3.1 That the Head : Real Estate be authorised to make an offer and payment of compensation calculated in terms of Section 12 of the Expropriation Act No. 63 of 1975, in the sum of R15 500 (Fifteen Thousand Five Hundred Rand) plus VAT and interest, if applicable, in terms of Section 11(1) of the Expropriation Act No. 63 of 1975, to the Body Corporate of Revelation Park, in respect of the water pipeline servitude over the Remainder of Portion 1 of the Farm Dale Spruit No. 13624, Registration Division FT, Province of KwaZulu-Natal as depicted on hand Plan No. SJ4688/1.

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2.3.2 That subject to the adoption of .1 above, the Head: Real Estate be authorized to conclude Compensation Agreement attached to his report as Annexure C and sign all necessary documents to effects registration in favour of the Municipality.

2.3.3 That in order to effect registration of the municipality’s requirement in favour of the municipality, additional costs for survey and registration will be incurred in the approximate amount of R17 000.00 (Seventeen Thousand Rand).

Financial Implications:

The project will be funded from the Real Estate Unit’s Blocksum (V9114) for 2016/2017 financial year.

Vote No.: 31530.45205.V1194.0000.12120.0010 R34 050.00FC No.: 03/18 Provided 2016/2017ADOPTED.

2.4 APPROVAL OF PROPOSED AMENDMENTS TO THE EXISTING CREDIT CONTROL AND DEBT COLLECTION POLICY 2017/2018 (7/6/3/P)

(Page 21)

While this was an amendment of the existing policy, it was raised that the compliance processes have been compromised since party caucuses had not been consulted. It was then agreed that an opportunity will be created to conduct consultations.

Therefore, having given the matter due consideration,

COMMITTEE RECOMMENDS:

2.4.1 That in line with the statutory obligation to maintain a Credit Control and Debt Collection Policy and to conduct regular review Council approves the amendment to the existing policy as outlined in Annexure A attached to the report of the Acting City Manager dated 2017-01-25 to ensure alignment with recent court judgements, coherence in policies, legislation and promotion of best practice.ADOPTED, by majority vote.

2.5 BUDGET STATEMENT REPORT FOR THE MONTH ENDED: 31 JANUARY 2017 (7/1/4)(Page 101)

The Executive Committee interrogated the Budget Statement, critically analysing the elements contained therein as part of assessing the state of the Municipality’s budget as at 31 January 2017. Clarity was provided where required with some of the issues to be further investigated and reported back to the Executive Committee. It was noted that similar issues have been raised with regard to the budget statement as at 28 February 2017.

COMMITTEE RECOMMENDS:

That the Budget Statement Report for the month ended 2017-01-31, submitted in compliance with Section 71 of the Municipal Finance Management Act, and Section 28 of the Municipal Budget and Reporting Regulations and in terms of Government Notice 32141 dated 2009-04-17, relating to the "Local Government: Municipal Finance Management Act 2003, be noted.NOTED.

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2.6 BUDGET STATEMENT REPORT FOR THE MONTH ENDED:28 FEBRUARY 2017 (7/1/4)

(Page 235)

COMMITTEE RECOMMENDS:

That the Budget Statement Report for the month ending 2017-02-28, submitted in compliance with Section 71 of the Municipal Finance Management Act, and Section 28 of the Municipal Budget and Reporting Regulations and in terms of Government Notice 32141 dated 2009-04-17, relating to the "Local Government: Municipal Finance Management Act 2003, be noted.NOTED.

2.7 REPORT ON INVESTMENTS FOR THE PERIOD 31 JANUARY TO 28 FEBRUARY 2017 (7/11/4)

(Page 368)

COMMITTEE RECOMMENDS:

That the report on the investments of the eThekwini Municipality for the period from 31 January to 28 February 2017, submitted by the Acting City Manager as per her report dated 2017-03-15 and as per the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, No. 2003, be noted.NOTED.

2.8 DRAFT 2017/2018 INTEGRATED DEVELOPMENT PLAN (2/1/6/1)

(Page 377 and letter dated 2017-03-24, circulated separately, respectively)

The Executive Committee requested that the dates for the regional budget hearings (roadshows) on the IDP document be communicated timeously so as to afford the residents of eThekwini ample opportunity to make comments.

Thereafter,

COMMITTEE RECOMMENDS:

2.8.1 That Council notes the Draft 2017/2018 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.

2.8.2 That the Draft 2017/2018 IDP be advertised for public comment for the period 01 April to 02 May 2017 and all comments received during the public participation period and the regional budget hearings be used to update the IDP document.

2.8.3 That the Draft 2017/2018 IDP be forwarded to the Honourable MEC for Co-operative Governance and Traditional Affairs for preliminary assessment.Recommendation 2.8.1 NOTED and Recommendations 2.8.2 and 2.8.3 ADOPTED.

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2.9 BACK TO BASICS REPORT FOR QUARTER 2 OF 2016/17 (2/3/2/1/2)

(Page 392)

COMMITTEE RECOMMENDS:

That in terms of COGTA Circular No.14 of 2016, the Back to Basics Report for Quarter 2 of the 2016/2017 financial year, details of which are contained in the report of the Acting City Manager dated 2017-03-24 and the summary of the assessment score as indicated hereunder, be noted.

Summary of Assessment Score for Quarter 2

Pillar Maximum Score

eThekwini’s Score (Q1)

Percentage

A. Putting People First 0 0 N/A

B. Delivering Basis Services 20 16 80%

C. Good Governance 10 10 100%

D. Sound Financial Management 23 15 65%

E. Building Capable Local Government Institutions

5 3 60%

TOTAL 58 44 76%

Municipality B2BAssessment Template

Score

Weighted Score (out

of 60)

Support Plan Score

Weighted Score (out

of 40)

Final Score

Preliminary Categorisation

eThekwini Municipality

76% 45.6% 100% 40% 80% Functional

NOTED.

2.10 APPROVAL FOR THE HIRE OF 19m³ OF INDUSTRIAL REFUSE COMPACTORS AT AN ESTIMATED HIRE OF SIX MONTHS (8/3/1/6 & 9/1/3)

(Page 454)

The Committee noted the reasons to hire four Industrial Refuse Compactors for the estimated period of six months for the following reasons:

(i) Increase in special projects, clean up campaigns and illegal dumping within the eThekwini Municipality.

(ii) The unit has 27 (twenty seven) vehicles, but one (1) was burnt down during public protests and has not been replaced and, eleven (11) vehicles being off the road and under maintenance and repairs this contributing to 40% in downtime of industrial refuse compactors.

(iii) The need to provide uninterrupted refuse collection service in all areas within the Municipality.

(iv) That the Supply Chain Management process is underway to procure 4 (four) vehicles and it is estimated that this would take 6 (six) months as these are specialised and fully imported vehicles.

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COMMITTEE RECOMMENDS:

2.10.1 That the hire of four (4) 19m3 cubic Industrial Refuse Compactors for a six-month period from the 1st March 2017 until the 31st August 2017, be approved.

2.10.2 That the use of Section 116(3)(a) of the MFMA for additional authority be approved due to the following reasons:

2.10.2.1 Increase in special projects, clean up campaigns and illegal dumping within the eThekwini Municipality

2.10.2.2 The unit has 27(twenty seven) vehicles, but one (1) was burnt during public protests and has not been replaced and eleven (11) vehicles being off the road and under maintenance and repairs this contributing to 40% in downtime of Industrial refuse compactors.

2.10.2.3 The need to provide uninterrupted refuse collection service in all areas within the municipality.

2.10.2.4 That the Supply Chain Management process is underway to procure 4 (four) vehicles and it is estimated that this would take 6 (six) months as these are specialised and fully imported vehicles.

2.10.3 That subject to the adoption of .1 above, a public notice be advertised in the relevant print media requesting comments and/or objections to the proposed increase in contract authority under SW2017/013, as per the requirements in terms of Section 116 (3) of the Municipal Finance Management Act.

Financial Implications:

Excl. VAT VAT Incl. VAT

Estimates 2016/17 (Mar, Apr, May, June)

R2 960 000.00 R414 400.00 R3 374 400.00

Estimates 2017/18 (July & August)

R1 480 000.00 R207 200.00 R1 687 200.00

Total cost to Council R4 440 000.00 R621 600.00 R5 061 600.00

Cost Centre: 79700.15900.11300.0000.MRC01.0010 FC No.: 366/24Amount: R4 440 000.00 (Exclusive VAT) Provided 2016/17Amount: R1 480 000.00 (Exclusive VAT) Provided 2017/18ADOPTED, by majority vote.

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2.11 INTEGRATED DEVELOPMENT PLAN (IDP) 2016/2017: MID-TERM AMENDMENTS TO THE ORIGINAL ORGANISATIONAL SCORECARD AND SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN (SDBIP) (2/1/6/1)

(Page 456)

COMMITTEE RECOMMENDS:

That in line with the requirements of Section 5(c) of the Local Government Municipal Planning and Performance Management Regulations of 2001, the amendments to the original Organisational Scorecard and Service Delivery and Budget Implementation Plan effected to ensure necessary alignment with available resources, be adopted.ADOPTED.

2.12 APPLICATION FOR APPROVAL TO REDUCE THE PURCHASE PRICE AND BULK USAGE IN RESPECT OF THE SALE OF VARIOUS MUNICIPAL OWNED PROPERTIES TO SIVENI INVESTMENTS (PTY) LTD : IN TERMS OF SECTION 116(3)(a) OF THE MUNICIPAL FINANCE MANAGEMENT ACT (17/2/1/2/3)

(L17)

COMMITTEE RECOMMENDS

2.12.1 That the Acting Head : Real Estate be granted authority to amend the existing sale agreement in the form of an addendum for the reduction in the proposed developable floor area (bulk) of the properties described as Proposed Portion C of Erf 323 Westrich in extent 1,449ha, Proposed Portion B of Erf 12 Westrich in extent 8672m2, and Proposed Erf (D) of Westrich (formally described as Proposed Portion A of the farm Ntuzuma No.17504) in extent 2,3832ha [hereinafter referred to as subject properties], which were sold to Siveni Investments (Pty) Ltd (Purchaser).

2.12.2 That the Acting Head : Real Estate be granted authority to amend the Agreement of sale to include the provision that the purchaser, Siveni Investments would only develop 21000m2 of the proposed developable floor area (bulk):

2.12.2.1 The asset is not needed to provide the minimum level of basic municipal services

2.12.2.2 The fair market value of the asset and the economic and community values to be received in exchange for the asset has been considered.

2.12.3 That the reduction in the purchase price in respect of the sale of proposed Portion C of Erf 323 Westrich in extent 1,4449ha, proposed Portion B of Erf 12 Westrich in extent 8672m2 and proposed Erf D of Westrich (formally described as a proposed portion of the farm Ntuzuma no.17504) in extent 2,3832ha from R17 600 00.00 (Seventeen Million, Six Hundred Thousand Rand) to R 11 550 000.00 ( Eleven Million, Five Hundred and Fifty Thousand in lieu of the reduced proposed developable floor area of 21000m2, be approved.

2.12.4 That an addendum to the agreement of sale be entered into in terms of Section 116(3) of the MFMA stating that should the remaining proposed developable area (bulk) of 11000m2 be required in the future, the purchaser will be required to pay the

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municipality for the unutilized developable floor area at a market value assessed by a registered professional Valuer.

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2.12.5 That subject to the adoption of .1 above, a public notice be advertised in the Metro Ezasegagasini requesting comments and/or objections to the proposed amendment to the agreement as per the requirements in terms of Section 116 (3) of the Municipal Finance Management Act.ADOPTED.

2.13 PROGRESS REPORT ON WARD COMMITTEES ESTABLISHMENT (3/6/1)

(Page L18)

With the DA dissenting on the basis that they still have challenges with the process followed to establish Ward Committees,

COMMITTEE RECOMMENDS:

2.13.1 That Council notes the progress report regarding the establishment and the preparations for the Ward Committees to start becoming functional, with the progress pertaining mainly to the finalization of the establishment of Ward Committees in all 110 Wards of the eThekwini Municipality.

2.13.2 That Council notes the proposed date for the Ward Committees Inauguration on 08 April 2017 and the Ward Committee Induction on 22 and 23 April 2017.

2.13.3 That Council approves the following Sub-committees proposed to assist the Ward Committees to operate in a structured manner and in alignment with the programmes and plans of the Municipality:

(i) Sports; Arts, Culture and Recreation;(ii) Transport, Roads and Stormwater;(iii) Youth, Gender and Vulnerable Groups;(iv) Electricity, Water and Sanitation;(v) Health, Safety and Security;(vi) Human Settlements;(vii) Cleansing and Solid Waste;(viii) Skills Development and Job Creation; and (ix) Entrepreneurship and Small Business Support

2.13.4 That should the Council be in support of the Sub-Committees as proposed, these be communicated to the Ward Committees with an indication that they will also be empowered to meet the expected outcomes, hence, the development of the Terms of Reference for the respective Sub-Committees and the provision of ongoing monitoring and training to achieve effectiveness.Recommendations 2.13.1 and 2.13.2 NOTED, by majority vote, and Recommendations 2.13.3 and 2.13.4 ADOPTED, by majority vote.

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3. THIRD REPORT OF THE EXECUTIVE COMMITTEE : SPECIAL MEETING HELD ON THURSDAY, 2017-03-30

3.1 REVIEW OF DOMESTIC REFUSE REMOVAL USER CHARGE TARIFFS FOR 2017/2018 (SW2017/003) (7/6/1/2)

(Page 1)

With Executive Committee Member Hoosen of the Democratic Alliance abstaining

COMMITTEE RECOMMENDS:

3.1.1 That Council resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000), that with effect from 2017-07-01 the tariffs as set out in Annexure “A” of the report SW2017/003 of the Head: Cleansing and Solid Waste dated 2017-01-16, be levied in respect of the supply of Domestic Refuse Removal Services.

3.1.2 That subject to the adoption of .1 above, the Acting City Manager be directed to comply with the provisions of Section 75A (3) and (4) of the above abovementioned Act.ADOPTED, by majority vote.

3.2 REVIEW OF SUNDRY WATER TARIFFS FOR 2017/18 (7/6/1/2)

(Page 4)

With Executive Committee Member Hoosen of the Democratic Alliance abstaining

COMMITTEE RECOMMENDS:

3.2.1 That Council resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000), that with effect from 2017-07-01 the tariffs as set out in Annexure “A” of the report WS2017/008 of the Head: Water and Sanitation dated 2017-01-19, be levied in respect of the supply of Sundry Water Services.

3.2.2 That, subject to the adoption of .1 above, the Acting City Manager be directed to comply with the provisions of Sections 75A (3) and (4) of the abovementioned Act.ADOPTED, by majority vote.

3.3 REVIEW OF SEWAGE DISPOSAL SUNDRY TARIFFS FOR THE 2017/2018 FINANCIAL YEAR (7/6/1/2)

(Page 19)

With Executive Committee Member Hoosen of the Democratic Alliance abstaining

COMMITTEE RECOMMENDS:

3.3.1 That Council resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000), that with effect from 2017-07-01 the tariffs as set out in Annexure “A” of the report WS2017/003 of the Head: Water and Sanitation dated 2017-01-25, be levied in respect of the supply of Sundry Sewage Disposal Charges.

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3.3.2 That subject to the adoption of .1 above, the Acting City Manager be directed to comply with the provisions of Section 75A (3) and (4) of the abovementioned Act.ADOPTED, by majority vote.

3.4 REVIEW OF SUNDRY TARIFFS: CLEANSING AND SOLID WASTE: 2017/2018 (7/6/1/2)

(Page 26)

With Executive Committee Member Hoosen of the Democratic Alliance abstaining

COMMITTEE RECOMMENDS:

3.4.1 That Council resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000), that with effect from 2017-07-01 the tariffs set out in Annexure “A” of the report SW2017/002 of the Head: Cleansing and Solid Waste dated 2017-01-19, be levied in respect of the supply of Sundry Cleansing and Solid Waste Services.

3.4.2 That subject to the adoption of .1 above, the Acting City Manager be directed to comply with the provisions of Section 75A (3) and (4) of the abovementioned Act.ADOPTED, by majority vote.

3.5 REVIEW OF TARIFFS: ROADS AND STORMWATER MAINTENANCE: 2017/2018 (7/6/1/2)

(Page 37)

With Executive Committee Member Hoosen of the Democratic Alliance abstaining

COMMITTEE RECOMMENDS:

3.5.1 That the tariffs applicable to the eThekwini Municipality’s Hardening and Reinstatement of Footways, Stormwater Disposal and Channel Crossings be amended as reflected in the report of the Head: Engineering dated 2017-02-13.

3.5.2 That the Acting City Manager be instructed without delay:-

3.5.2.1 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,

3.5.2.2 To publish in the Ezasegagasini Metro a notice in the following form:-

ETHEKWINI MUNICIPALITY

Notice is hereby given that:-

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(a) A resolution of the kind contemplated in Section 75A (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, Dr Pixley kaIsaka Seme Street, Durban

(ii) ………………………………………..etc

(c) The effective date for the implementation of the said tariff of charges is 2016-07-01.

………………………………..CITY MANAGER ETHEKWINI MUNICIPALITY

Date…………………………….

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

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

ADOPTED, by majority vote.

3.6 REVIEW OF ELECTRICITY ENERGY TARIFFS: SECOND SCHEDULE AND BULK TARIFFS FOR FINANCIALYEAR 2017/2018 (7/6/1/2)

(Page 44)

With Executive Committee Member Hoosen of the Democratic Alliance abstaining

COMMITTEE RECOMMENDS:

3.6.1 That the report by the Head : Electricity dated 2017-03-27 relative to the Electricity Energy Tariff Revision : Second Schedule and Bulk Tariffs for 2017/2018 be approved subject to compliance with paragraph 2 (below) of this report, the following will come into effect as from 2017-07-01 as reflected in Annexure “A” of the report by the Head: Electricity dated 2017-03-27.

3.6.2 That subject to National Energy Regulator of South Africa (NERSA) approval, authority be granted to the City Manager to display and publish the required notices in the manner described in Section 75A of the Local Government: Municipal System’s Act 2000 (Act 32 of 2000).ADOPTED, by majority vote.

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3.7 REVIEW OF POTABLE WATER TARIFFS 2017/18 (7/6/1/2)

(Page 49)

With Executive Committee Member Hoosen of the Democratic Alliance abstaining

COMMITTEE RECOMMENDS:

3.7.1 That Council resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000), that with effect from 2017-07-01 the tariffs as set out in Annexure “A” of the report WS2017/018 of the Head: Water and Sanitation dated 2017-02-08, be levied in respect of the supply of Water to Consumers.

3.7.2 That in order to accommodate the water challenges pertaining to the prevailing drought conditions, the Tariffs for Water Consumption contain a provision for a 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.

3.7.3 That subject to the adoption of .1 and .2 above, the City Manager be directed to comply with the provisions of Section 75A (3) and (4) of the abovementioned Act.ADOPTED, by majority vote.

3.8 REVIEW OF SEWAGE DISPOSAL USER CHARGE TARIFFS FOR 2017/2018 FINANCIAL YEAR (7/6/1/2)

(Page 55)

With Executive Committee Member Hoosen of the Democratic Alliance abstaining

COMMITTEE RECOMMENDS:

3.8.1 That Council resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000), that with effect from 2017-07-01 the tariffs as set out in Annexure “A” of the report WS2017/014 of the Head: Water and Sanitation dated 2017-02-03, be levied in respect of the provision of a Sewage Disposal Services to Consumers.

3.8.2 That in order to accommodate the water challenges pertaining to the prevailing drought conditions, the Tariffs for Sanitation user charge contain a provision for a 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.

3.8.3 That subject to the adoption of .1 and .2 above, the City Manager be directed to comply with the provisions of Section 75A (3) and (4) of the abovementioned Act.ADOPTED, by majority vote.

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3.9 PARTICIPATION IN 1 ST WORLD FORUM ON URBAN VIOLENCE AND EDUCATION FOR COEXISTENCE AND PEACE: 19-21 APRIL 2017, MADRID, SPAIN (14/1)

(Page 62)

Given that there will be engagements in different structures where the City should be represented, the report was amended to include 2 (two) Councillors to travel with Her Worship the Mayor to Madrid. It was then emphasised that the learnings from Madrid should be implemented to strengthen safety and security within the City of eThekwini, in particular, as the City is regarded as one of the best Cities thus the importance of eliminating negative reputation.

On this basis,

COMMITTEE RECOMMENDS:

3.9.1 That Council notes the role played by Her Worship the Mayor as Chairperson of the African Forum for Urban Safety (AFUS) and Co-Chairperson of Global Network on Safety Cities and her participation in the International Coalition of Inclusive and Sustainable Cities.

3.9.1 That authority be granted for Her Worship the Mayor, Councillor ZRT Gumede, two Councillors and two Senior officials to travel and participate at the 1 st World Form on Urban Violence and Education for Coexistence and Peace which will be hosted by the City of Madrid in partnership with the UN Habitat and United Cities and Local Government from 19 to 21 April 2017 in the City of Madrid, Spain.

3.9.2 That Council approves the recommended delegation to support the leadership during the session:

Name Delegate Position Responsibility

Her Worship the Mayor, Councillor ZRT Gumede

Two Councillors

Mayor, Chair of AFUS, and Co-chair of Global Network on Safer Cities

Leader of Delegation

Mr. Martin Xaba Head: Safer Cites, Acting Head: Mayoral Palour

Substantive content support on Cities Programme and co-ordination on Mayor’s role during the session

Mr. Bongumusa Zondo Interim Co-ordinator – African Form for Urban Safety (AFUS)

Provide substantive content on AFUS strategic agenda and programme

3.9.3 That Council approves the related expenditure in terms of travelling, accommodation and subsistence allowance as provided in the Council Travel Policy.

Financial Implication:The Municipality shall pay for the travel, accommodation and subsistence allowance as per the provision of the Council Policy on travelling of Executives and Officials. Financial provisions have been made within the Mayoral Parlour Unit and Safer Cities Unit in the following Vote No’s:

24511.22005.12120.0000.MRC01.0010 for Safer Cities32601.22005.12120.0000.MRC01.0010 for Mayoral Parlour

R 60 000.00 Including Councillors (estimated).ADOPTED, by majority vote.

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3.10 AUTHORITY TO AMEND THE PEOPLE WITH DISABILITIES (PWD) KEY PERFORMANCE INDICATOR ON THE ORGANISATIONAL SCORECARD 2017/18 (4/3/3/2)

(Page 71)

COMMITTEE RECOMMENDS:

3.10.1 That Council notes that the purpose of the Employment Equity Act, No 55 of 1998 as amended, is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups.

3.10.2 That subject to .1 above, and in compliance with eThekwini Municipality’s approved employment equity plan, Council approves the reverting back to the original annual target, 5 year target, quarter 3 target and quarter 4 Key Performance Indicators (KPIs), namely; “The number of people from employment equity target groups employed in the three highest levels of Management, in compliance with the Municipality’s approved Employment Equity Plan, being People with Disabilities (PWD) to 28 as per the approved Equity Plan, dated 2014-2018.

3.10.3 That the change of target be incorporated into the Mid-Term amendments to the Organisational Score Card.ADOPTED.

3.11 FILLING OF 4 VACANT BOARD MEMBER POSITIONS AT THE INKOSI ALBERT LUTHULI DURBAN INTERNATIONAL CONFERENCE CENTRE (ICC)

(L19)

It was recalled that there will be 4 (four) vacant positions for the Board Members of the Inkosi Albert Luthuli International Convention Centre (ICC) following the resignation of 1 (one) Board Member and the expiry of the term of office of the 3 (three) other Board Members on 31 March 2017 as reported previously. Given that the process to fill the vacant positions will be concluded on 28 April 2017, authority is required to extend the term of office of the 3 Board members for a further two months until 31 May 2017.

As part of appreciating the outgoing Board Members, it was suggested to invite them to the Executive Committee to commend them on the achievements of this entity which is evident with the receipt of clean audit report for the consecutive years.

COMMITTEE RECOMMENDS:

3.11.1 That Council notes the progress made towards the process commenced to fill 4 (four) positions of Board Members of the Inkosi Albert Luthuli International Convention Centre with one member having resigned, and the 3 other members' term of office expiring on 31 March 2017, with the process to be concluded on 28 April 2017.

3.11.2 That on the basis that the process to fill vacant positions will be concluded in April 2017, Council approves the extension of the term of office of the 3 (three) Board Members whose term of office is expiring in March 2017, for a further 2 (two) months until 31 May 2017 and achieve effective handover.ADOPTED.

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3.12 BUDGETS: DRAFT ESTIMATE REPORT 2017/18; 2018/19; AND 2019/20 (MTREF) (7/1/3/1)

(Page 66 and circulated separately – dated 2017-03-29)

With the Executive Committee Member Hoosen of the Democratic Alliance abstaining on the basis that the Budget report was laid on table thus insufficient time to peruse the report,

COMMITTEE RECOMMENDS:

3.12.1 That the draft budget for 2017/2018 and indicative budgets for the 2018/19; 2019/20 of eThekwini Municipality and its entities tabled in terms of Section 24 of the Municipal Finance Management Act (MFMA), be approved in principle by the Council and be subject to further consideration arising out of the input received during the public participation process.

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

3.12.3 Estimates of Income and Expenditure:

3.12.3.1 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 2017/18; and indicative allocations for the two projected outer years 2018/19 and 2019/20; 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 53)

● Budgeted Financial Performance (Revenue and Expenditure by Municipal Vote) (Table A3; Page 54)

● Budgeted Financial Performance (Revenue by Source and Expenditure by Type) (Table A4; Page 55)

● Multi-year and single year capital appropriations by municipal vote and standard classification and associated funding by source (Table A5; Page 56)

3.12.3.2 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 58)● Budgeted Cash Flows (Table A7; Page 60)● Asset Management (Table A9; Page 62 - 63)● Basic Service Delivery Measurement (Table A10; Page 64)

3.12.4 Municipal Entities

That the Municipal Entities budget as reflected on pages 286 to 314 of the budget documentation be approved.

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3.12.5 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 12.6 to 12.11) 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.

3.12.6 Determination of Rates:

3.12.6.1 In terms of the amended Rates Policy adopted by Council on 31 March 2016 which has since been reviewed and amended and is to be adopted with the current budget, the Municipality may levy different Rates for different categories of Property.

3.12.6.2 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:

Categories 2017/2018Cents in the rand

2018/2019Cents in the rand

2019/2020Cents in the rand

Residential at 1.060 1.130 1.210

Agricultural at 0.260 0.280 0.300

Industrial at 3.090 3.300 3.530

Business and commercial at 2.390 2.560 2.740

Public service infrastructure at 0.260 0.280 0.300

Vacant land at 4.730 5.060 5.410

Unauthorised or illegal development at

7.390 7.900 8.440

Rural Residential at 1.060 1.130 1.210

Development Phasing Line at 1.560 1.670 1.780

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

3.12.7 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.

3.12.7.1 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. The conversion of the aforementioned residential reduction into an application driven rebate is hereby extended by one year to the 2018/2019 financial year.

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3.12.7.2 Public Benefit Organisations:

That on application and approval, only Public Benefit Organisations listed in clause 7.5 of the Municipality’s Rates Policy 2016/2017 shall receive an exemption from rates.

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

3.12.7.3.1 That in addition to the reduction in 12.7.1 above, a rebate not exceeding R4035 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.

3.12.7.3.2 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 12.7.3.1 above.

3.12.7.4 Life Rights Schemes and Retirement Villages:

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

3.12.7.5 Schools Not for Gain:

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

3.12.7.6 Bed and Breakfast Undertakings:

That on application and approval a rebate of 50% be granted to all Bed and Breakfast establishments that have a valid Registration Certificate issued by eThekwini Municipality.

3.12.7.7 Guest House Undertakings:

That on application and approval a rebate of 25% be granted to all Guest House undertakings that have a valid Registration Certificate issued by eThekwini Municipality.

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

3.12.7.8.1 That on application and approval, the following rebates shall apply to Back-packer establishments that have a valid Registration Certificate issued by eThekwini Municipality:

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;

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

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

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3.12.7.9 Natural and Other Disasters:

3.12.7.9.1 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.

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

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

3.12.7.10 Vacant Land:

That the reduction of R30 000 on the market value of Vacant Land outside the Development Phasing Line be granted.

3.12.7.11 Municipal Properties:

All municipal owned properties are exempted from property rates, except for trading services.

3.12.7.12 Nature Reserves and Conservation Areas:

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

3.12.7.13 Economic Development:

On application and approval by Council, developments which fall within the City, as contemplated in the Economic Development Incentive Policy of Council read together with the Rates Policy shall receive a rebate limited to:

(i) Green Field Development as defined in the Rates Policy; and(ii) Brown Field Development as defined in the Rates Policy.

and as per the table below:

VALUE OF DEVELOPMENTR (MILLIONS)

REBATE ON TAX PAYABLE IN PERCENTAGE

0 - 50 15%

51 - 150 25%

151 - 300 50%

301 and above 65%

3.12.7.14 Special Rating Areas:

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

3.12.7.14.2 That in respect of the Special Rating Areas, additional rates, as indicated in Annexure A hereto, be approved and levied in respect of each category of property within the boundaries of the Special Rating Area.

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3.12.7.15 Consulates:

That where a Consulate claims exemption from rates, such rates shall be payable by the Department of International Relations and Co-operation.

3.12.8 Phasing in of Rates:

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:

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

3.12.8.2 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 (12.8.1) and (12.8.2) above will apply as follows:

a) 75% in the first year b) 50% in the second year c) 25% in the third year

3.12.8.3 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

3.12.9 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.

3.12.10 Date of Operation of Determination of Rates:

That this determination comes into operation on 1 July 2017.

3.12.11 Final Date for Payment of Rates:

3.12.11.1 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.

3.12.11.2 Where rates are payable annually the final date for payment shall be 31 October 2017, 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.

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3.12.12 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.

3.12.13 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.

3.12.14 Other Tariffs and Charges:

3.12.14.1 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 01 July 2017.

3.12.14.2 That NERSA’S proposed municipal Electricity Tariff guideline increase of 1.88 %, be hereby approved by Council, it being recorded that the application supporting this tariff increase is yet to be processed by NERSA. Any changes to NERSA’s proposed tariff increase will need to be considered by the Council.

3.12.14.3 That the average Water tariff increases of 15.0% for residential properties and 17.0% for commercial properties be hereby approved by Council.

3.12.15 Surcharge on Water Consumption and Sewer User Charge:

That in order to accommodate the water challenges pertaining to the prevailing drought conditions,  the Tariffs for Water Consumption and sewer user charge contain a provision for a 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. It being noted that consumers be encouraged to use water more responsibly in view of the municipality’s war on water leaks and reducing the volume loss in distribution of water.

3.12.16 Domestic Water Debt Relief Program:

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 Program.

3.12.17 Budget Related Policies:

3.12.17.1 Rates Policy:

That the Rates Policy has been reviewed and amended and is to be adopted with the current budget.

3.12.17.2 Credit Control and Debt Collection Policy

That the Credit Control and Debt Collection Policy has been reviewed and amended and is to be adopted with the current budget.

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3.12.17.3 Tariff Policy

That the Tariff Policy has been reviewed and amended and is to be adopted with the current budget.

3.12.17.4 Funding and Reserves Policy :

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

3.12.17.5 Budget Policy:

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

3.12.17.6 Investment Framework Policy and Borrowing Policy:

That the Investment Framework Policy and the Borrowing Policy adopted by Council on 28 August 2013 remains unchanged.

3.12.17.7 Supply Chain Management Policy :

That the Supply Chain Management Policy has been reviewed and amended and is to be adopted with the current budget.

3.12.17.8 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.

3.12.18 Capital Expenditure Estimate:

3.12.18.1 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.

3.12.18.2 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.

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

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

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3.12.19 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.

3.12.20 Housing/Hostels Deficit:

3.12.20.1 That the estimated Formal Housing Deficit of R35m for the 2017/2018 financial year be met from the Rate Fund.

3.12.20.2 That the estimated New Development Housing and Hostels deficit of R687.1m be funded from the Rate Fund.

3.12.20.3 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.

3.12.21 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.

12.22 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 132) be approved.

3.12.23 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.

3.12.24 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 141 - 142).

3.12.25 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 Tables SA22 – SA23 (Pages 150 - 151).

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3.12.26 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 285.6

Health – other than municipal health services 390.5

Museums 61.9

Housing: New Development and Hostels 687.1

Formal Housing 35.0

1460.1

3.12.27 Impact of Housing Expenditure on the Cash Reserves:

3.12.27.1 That Council make representation to the Premier of the KwaZulu-Natal Province regarding expenditure incurred in previous years by the municipality amounting to R3.9bn 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 secure funding.

3.12.27.2 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.

3.12.28 Free Basic Services:

That the Basic Services Package as set out on page 77 is approved for the budget year 2017/2018

3.12.29 Off Balance Sheet Financing:

That approval in principle be granted for alternate financing options/models to be considered, incorporating but not limited to Section 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.

3.12.30 Catalytic Projects:

3.12.30.1 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).

3.12.30.2 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.

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3.12.31 Food Aid Program (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 R72 million has be budgeted for to increase the number of soup kitchens from 36 to 54.

ANNEXURE A – 2017/18

ADDITIONAL RATES LEVIED ON SPECIAL RATING AREAS (12.7.14) REFERS)

Special Rating Areas Residential Business and Commercial Industrial Vacant Land Agriculture

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

0,001464 0,003220 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 0,000435 0,000593 0,000791 0

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

0 0,000435 0,000593 0,000791 0

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

0 0,000435 0,000593 0,000791 0

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

0,001708 0,003758 0 0,006832 0

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

0,000959 0,002111 0 0,003837 0

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

0,002932 0,006450 0 0,011727 0

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

0 0,001410 0 0,002563 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)

0,001493 0,001493 0 0,001493 0,001493

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

0,004215 0,004215 0,004215 0,004215 0

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

0,005707 0,007782 0.010376 0

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Special Rating Areas Residential Business and Commercial Industrial Vacant Land Agriculture

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

0.003418 0.003418 0.003418

ADOPTED, by majority vote.

4. FIRST REPORT OF THE MUNICIPAL PUBLIC ACCOUNTS COMMITTEE

ETHEKWINI MUNICIPALITY OVERSIGHT REPORT 2015/2016

The MPAC commends Council, the Municipal Manager, the Senior Managers and all staff at eThekwini Municipality on the strides made towards good governance. However, much needs to be done in planning and reporting on performance information and the 2017/18 financial year must target focussed attention in this area.

Having performed the following tasks:

√ Reviewed and analysed of the Annual Report;√ Invited, received, and considered inputs from Councillors and Portfolio

Committees, on the Annual Report;√ Considered that 72 comments were received on the Annual Report from the

public consultation process;√ Conducted Public Hearings to allow the local community or any organs of state

to make representations on the Annual Report;√ Received and considered Council’s Audit Committee views and comments on

the annual financial statements and the performance report; and√ Prepared the draft Oversight Report, taking into consideration, the views and

inputs of the public, representatives of the Auditor-General, organs of state, Council’s Audit Committee and Councillors;

The MPAC has pleasure in presenting the Oversight Report to Council to consider the following resolutions and then to be forwarded to the relevant Departments and Provincial Legislature:

COMMITTEE RECOMMENDS:

4.1 That Council having fully considered the Annual Report of the eThekwini Municipality for the 2015/2016 Financial Year, adopts the Oversight Report for the 2015/2016 Financial Year, a copy of which is attached to the signed minutes of this meeting.

4.2 That Council approves the Annual Report of the eThekwini Municipality for the 2015/2016 Financial Year without reservations.

4.3 That the Oversight Report be made public in accordance with Section 129(3) of the Municipal Finance Management Act 56 of 2003.

4.4 That the Oversight Report be submitted to the Provincial Legislature in accordance with Section 132(2) of the Municipal Finance Management Act 56 of 2003.ADOPTED.

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5. SECOND REPORT OF THE MUNICIPAL PUBLIC ACCOUNTS COMMITTEE

VULAMEHLO LOCAL MUNICIPALITY : OVERSIGHT REPORT 2015/2016

The MPAC commends Council, the Municipal Manager, the Senior Managers and all staff of the former Vulamehlo Local Municipality on the strides made towards good governance.

Having performed the following tasks:√ Reviewed and analysed of the Annual Report;√ Considered that comments were received on the Annual Report from the

public consultation process;√ Conducted Public Hearings to allow the local community or any organs of

state to make representations on the Annual Report; and√ Prepared the draft Oversight Report, taking into consideration, the views

and inputs of the public, representatives of the Auditor-General, organs of state, MPAC has pleasure in presenting the Oversight Report to Council to consider the following resolutions and then forward them to the relevant Departments and Provincial Legislature:

COMMITTEE RECOMMENDS:

5.1 That Council having fully considered the Annual Report of the former Vulamehlo Local Municipality for the 2015/2016 Financial Year, adopts the Oversight Report for the 2015/2016 Financial Year, a copy of which is attached to the signed minutes of this meeting.

5.2 That Council approves the Annual Report of the former Vulamehlo Local Municipality for the 2015/2016 Financial Year without reservations.

5.3 That the Oversight Report be made public in accordance with Section 129(3) of the Municipal Finance Management Act 56 of 2003.

5.4 That the Oversight Report be submitted to the Provincial Legislature in accordance with Section 132(2) of the Municipal Finance Management Act 56 of 2003.ADOPTED.

6. NOTICE OF MOTION

6.1 Official Condolences on behalf of eThekwini Municipality to the family of late Mr.   Sibusiso Sithole in a show of sympathy for the loss of a senior member of the administration of a neighbouring Municipality: Proposed By Councillor S   Ryley and Seconded by Councillor B Singh (13/5):

Notice of Motion WITHDRAWN.

6.2 Thousands of Senior Citizens, Child Headed Households and the Disabled of eThekwini will be inconvenienced from 01 April 2017, due to SASSA issues: Proposed by Councillor S   Hoosen and Seconded by Councillor B Singh (19/2/R & 7/6/3/R):

Notice of Motion WITHDRAWN.

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6.3 Representation in consultation with the Minister of Sports and Recreation, Hon. Fikile Mbalula to the Commonwealth Games Bid Committee, on behalf of the eThekwini Municipality to withdraw from hosting the 2022 Commonwealth Games in Durban: Proposed by Councillor R Macpherson and Seconded by Councillor B Ntuli (33/2):

Notice of Motion WITHDRAWN.

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

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

COUNCILLORSCouncillor MF Adam : 2017-03-24 to 04-20 (Overseas Trip)Councillor J Annipen : Request to leave at 17:00Councillor S Asbury : 2017-03-30 (Personal Commitments)Councillor S Brijmohan : Request to leave at 13:00Councillor HU de Boer : 2017-03-30 (Personal Commitments)Councillor R Gokool : 2017-03-01 to 31 (Personal Commitments)Councillor SA Kaunda : 2017-03-30 to 31 Municipal Business)Councillor ES Khanyile : 2017-03-30 (Indisposed)Councillor NL Khuzwayo : Request to be excused between 11:45 and 14:00Councillor S Khuzwayo : 2017-03-30 (Indisposed)Councillor TN Mabanga : 2017-03-30 (Personal Commitments)Councillor K Mhlaba : 2017-03-30 (Indisposed)Councillor MM Mkhize : 2017-03-29 to 31 (Personal Commitments)Councillor ZM Mncwango : 2017-03-30 (Indisposed)Councillor LM Mngwengwe : 2017-03-08 to 31 (Personal Commitments)Councillor LC Mnguni : 2017-03-30 (Indisposed)Councillor NE Mnguni : 2017-04-05 to 04-28 (Personal Commitments)Councillor P Mfeka : 2017-03-27 to 31 (Indisposed)Councillor LS Mshengu : 2017-03-30 (Indisposed)Councillor ON Mthembu : 2017-03-07 to 04-22 (Indisposed)Councillor SE Mhlongo : 2017-03-30 (Personal Commitments)Councillor BA Mkhize : 2017-03-30 (Municipal Business)Councillor GM Noyce : 2017-03-29 to 04-11 (Overseas Trip)Councillor PB Ndlovu : 2017-03-30 (Municipal Business)Councillor BS Ngiba : 2017-03-30 (Personal Commitments)Councillor NP Nxumalo : 2017-03-30 (Municipal Business)Councillor NN Nyanisa : 2017-03-13 to 04-18 (Indisposed)Councillor TT Nzuza : 2017-03-28 to 04-20 (Indisposed)Councillor A Rampersad : 2017-03-30 (Indisposed)Councillor NI Sithole : 2017-03-30 (Indisposed)Councillor ZR Sokhabase : 2017-03-27 to 31 (Indisposed)Councillor WM Thring : Request to leave at 14:30Councillor NY Young : 2017-03-30 to 31 (Personal Commitments)Councillor NBR Zuma : 2017-03-10 to 31 (Indisposed)

AMAKHOSIInkosi BF Bhengu : 2017-03-30 (Personal Commitments)Inkosi NM Hlengwa : 2017-03-30 (Personal Commitments)Inkosi KT Mkhize : 2017-03-30 (Personal Commitments)

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Inkosi S Mlaba : 2017-03-30 (Personal Commitments)Inkosi RF Mthembu : 2017-03-30 (Personal Commitments)Inkosi ES Shozi : 2017-03-30 (Personal Commitments)

City Administration: Secretariat30 March 2017