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- 1912 -
No. 52 MINUTES
OF
ETHEKWINI MUNICIPAL COUNCIL
Meeting held on Wednesday, 2019-05-29T10:00,
City Hall Main Auditorium, Church Walk, Durban
PRESENT : Councillors WL Mapena (Speaker), ZRT Gumede (Mayor), F Peer
(Deputy Mayor), MA Ally, J Annipen, S Aslam, A Beetge, S Bhanprakash,
MPN Bhengu, MC Bhengu, NC Biyela, T Biyela, S Brijmohan, WJD Burne,
SS Butelezi, H Cele, NT Cele, J Chetty, TP Collins, M David, SV De Boer,
GT De Lange, MAK Dladla, CB Dlamini, JA Dlamini, SR Dlamini,
MP Dlomo, BA Fortein, VE Gebashe, HD Goge, R Gokool, G Govender,
Y Govender, NL Graham, BR Gumede, NC Gumede, NP Gumede,
TR Gumede, ZD Gushu, MS Gwala, MH Haniff, GJ Hegter, PL Hlengwa,
QL Hlengwa, NP Hlomuka, NB Hoosman, NB Iyir, JA Johnson, M Johnson,
SA Kaunda, DM Khanyile, ES Khanyile, KNN Khubone, JS Khuboni,
PZ Khumalo, S Khuzwayo, ZW Khuzwayo, SNC Khwela, CJ Laing, P Luthuli,
TJ Luthuli, TN Mabanga, MT Mabaso, NI Madlala, A Maharajh, B Majola,
TG Makhanya, ZP Makhanya, MW Manqele, TZ Mathe, PM Mbambo,
V Mbanjwa, AM Mbele, RD Macpherson, FW Mdletshe, P Mfeka, K Mhlaba,
GN Mhlongo, MB Mjadu, AZ Mkhize, BA Mkhize, HGB Mkhize,
KV Mkhize, MM Mkhize, MP Mkhize, S Mkhize, SM Mkhize,
SM Mkhwanazi, PS Mncube, E Mngadi, SB Mngadi, SV Mngadi, NE Mnguni,
S Mnguni, BV Mngwengwe, LN Mngwengwe, S Moonsamy, B Mpanza,
SB Mpanza, SNL Mshengu, B Msomi, NP Msomi, LG Mthembu,
M Mthembu, MGF Mthembu, MM Mthembu, ON Mthembu, TM Mthethwa,
TT Mthiyane, N Munien, AB Mvubu, RM Mzobe, BD Naidoo, J Naidoo,
M Nair, X Nala, PL Ncayiyana, BP Ndlela, AB Ndlovu, PB Ndlovu,
MK Ndzimbomvu, AS Ngcobo, MM Ngiba, TT Ngubane, BE Nhlangulela,
SJM Nhlapho, MS Nkosi, M Nojiyeza, DR Nowbuth, GM Noyce,
PC Ntshangase, SC Ntshangase, PB Ntuli, PH Nxumalo, NP Nxumalo,
W Nyaba, NN Nyanisa, TT Nzuza, BW Phewa, JP Phewa, TK Phohlo,
BP Phungula, D Pillay, DR Pillay, KR Pillay, P Pillay, GDA Pullan,
BR Qhantsi, MD Qwabe, A Ramkissoon, A Rampersad, S Sewshankar,
AN Shabalala, B Shabane, MG Shange, SG Shange-Dlamini, MT Shelembe,
ES Shezi, MC Shezi, VH Shezi, DM Shozi, HP Shozi, KS Sibisi, M Sibisi,
N Sibiya, EL Singh, Sagar Singh, Samier Singh, PS Sishange, NI Sithole,
AD Snyman, ZR Sokhabase, M Tembe, JB Thabethe, S Thango,
JC Van den Berg, PA Vedan, SM Windvogel, MC Xulu, TV Xulu, T Xuma,
NY Young, GB Zulu, MBR Zuma, TM Zuma, TG Zungu, MH Zwane and
there being seven (07) vacancies.
ABSENT : Councillors M Brauteseth (On leave – Indisposed), VP Caluza, BA Chili,
TJT Cibane (On leave), R Cloete (On leave – Indisposed), SB Dlamini,
S Govender (On leave – Indisposed), PJC Graham (On leave), RC Hlophe
(On leave – Municipal Business), HL Khubisa, NL Khuzwayo
(On leave – Municipal Business), CB Langa (On leave – Indisposed),
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Council Minutes - 2019-05-29)
SE Mhlongo (On leave – Indisposed), SR Moodley, NE Mthembu
(On leave – Indisposed), ZS Ndzoyiya, S Ngema (On leave – Indisposed),
BT Ntuli, MS Nyawose, JP Prinsloo (On leave), S Ryley (On leave),
PN Sikhosana (On leave – Indisposed), C Xesibe (On leave) and
BM Zulu (On leave).
AMAKHOSI
PRESENT : Inkosi TF Gwala, Inkosi DZ Mkhize, Inkosi KT Mkhize, Inkosi EB Shozi and
Inkosi MJ Ngcobo.
AMAKHOSI
ABSENT : Inkosi BF Bhengu, Inkosi VR Cele (On leave), Inkosi NM Hlengwa,
Inkosi PP Luthuli, Inkosi KS Makhanya, Inkosi NC Maphumulo (On leave),
Inkosi LD Mkhize, Inkosi TBE Mkhize, Inkosi S Mlaba (On leave),
Inkosi RF Mthembu Inkosi MB Ngcobo and Inkosi JP Shangase.
OFFICIALS
PRESENT : Messrs/Mesdames SC Nzuza (City Manager), M Mthiyane (Acting Head:
Legal Services and Compliance), M Mhlongo (Deputy Head: Legal Services
and Compliance), BM Mhlongo (Deputy Head: Office of the Speaker),
KR Ramsunder (Chief Committee Officer) and S Ramgolam (Principal
Committee Officer).
(At the commencement of the meeting 174 Councillors were present, comprising ANC – 104,
DA - 43, IFP - 10, EFF - 6, INDEPENDENT - 4, AIC - 2, ACDP – 0, MF - 1, DLC - 1, TA- 1,
MOSA – 0, APC – 1 and AL JAMA-AH - 1).
_________________
1. NOTICE CONVENING THE MEETING
The City Manager read the Notice convening the meeting as per the statutory
requirement.
2. OPENING
The Speaker declared the meeting open and extended a warm welcome
to Her Worship the Mayor, the Deputy Mayor; Members of the Executive
Committee; Honourable Councillors and Traditional Leaders; Distinguished Guests;
City Manager; Deputy City Managers and Heads present; Legal Services and
Compliance officials; Media; Members of the Public and Members of the
Administration.
3. AFRICAN UNION AND NATIONAL ANTHEM
At the request of the Speaker the meeting stood to sing the African Union Anthem
and the National Anthem of the Republic of South Africa.
4. OPPORTUNITY FOR PRAYER/MEDITATION
The Speaker requested Council to observe a moment’s silence for all those who had
passed on.
(It is recorded that Items 5, 6 and 7, relative to Official Announcements,
Speakers Report and Confirmation of Minutes were dealt with after the
2019/2020 Budget had been considered).
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5. OFFICIAL ANNOUNCEMENTS
On behalf of the City, the Speaker extended his heartfelt condolences to all bereaved
families who had lost their loved ones during the month of April & May, including
those that had passed away in accidents and in the recent floods that had ravaged
areas around KwaZulu-Natal and the Province. He also extended his condolences to
the family of the former Councillor, Chief Whip Stanley Xulu who had passed away
on 17 May 2019. Commiserations were further extended to the families and friends
of the two Metro Police Inspectors, Inspector Z Dladla and Constable N Mhlanga,
who had lost their lives tragically, whilst on duty.
Congratulations were extended to all those Parties who had been victorious in the
National and Provincial Government elections held on 8th May 2019. He mentioned
the City having marked the celebration of Freedom Day on 27 April and was pleased
to announce that eThekwini Municipality had been placed first in the Business
Category by the South African National Blood Services (SANBS), for collecting the
highest pints of blood in April 2019.
On behalf of the City he congratulated the newly elected President, The Honourable
Cyril Matamela Ramaphosa and in doing so, expressed his appreciation to all citizens
of eThekwini who came out in numbers and made their voices heard. He extended
his heartfelt appreciation to Councillors and Officials on the successful Draft Budget
2019/2020 and Regional Public Hearings that had been convened in the months of
April and May 2019.
He mentioned Africa’s Travel Indaba, hosted by the City at the Inkosi Albert Luthuli
International Convention Centre between 2 and 4 May 2019 and the showcasing of
greening products and services by 200 exhibitors at the 9th Sustainable Living
Exhibition held during the weekend of 17 and 19 May 2019. Having said that he also
advised of the Youth Employability Indaba and KwaZulu-Natal Career Expo held on
23 & 25 May respectively.
He conveyed his best wishes to all Councillors celebrating their birthdays during the
months of April and May 2019, especially Councillor JS Khuboni who was
celebrating her birthday today.
Councillors were requested to switch off their microphones after speaking to avoid
interference with the sound system and talk slowly and clearly during the
proceedings for the interpreters.
In conclusion, the Speaker referred Councillors to Rules of Order 16(1) (a)-(e) and
(4), (5), (6), (7) and (9). As per such Rules, Councillors were requested to conduct
themselves in a respectful manner, to refrain from interrupting the proceedings and
were encouraged to conduct business with the highest decorum and integrity that the
occasion and the residents of the Municipality deserved.
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6. SPEAKER’S REPORT
In his report the Speaker provided statistics in respect of Ward Committee meetings
held for the months of April and May, as follows:
April
● 86 Ward Committee meetings had been held and 24 meetings had
not been held.
● 55 Wards had submitted evidence of meetings held whilst 31 Wards had not
submitted any evidence.
May
● 94 Ward Committee meetings had been held and 16 meetings had
not been held.
● 22 Wards had submitted evidence of meetings held whilst 72 Wards had not
submitted any evidence
The Speaker made the point that the performance of Ward Committees also impacted
on the functionality of Council, and meetings not convened contributed negatively to
the smooth operation of the Municipality.
He mentioned that a Ward Committee functionality assessment had been undertaken
for the quarter ending 3 January to 31 March 2019. Noteworthy was that the said
assessments, which formed part of a monitoring functionality of various
Municipalities was being undertaken by COGTA on a quarterly basis and the results
of the assessments were as follows:
● In quarter 1, July to September 2018, 52 Wards had been functional.
● In quarter 2, October to December 2018, 28 Wards had been functional.
● In quarter 3, January to March 2018, 54 Wards had been functional.
Whilst due cognisance was given to the noticeable improvement in functionality over
the quarters, however there were Wards that were deemed to be non-functional, a
factor that was contributed to Ward Councillors having not convened Community
Report Back meetings. Councillors were reminded that in terms of the COGTA
functionality tool, community meetings weighed 30% of the total functionality score,
and the absence thereof implied that those wards would be non-functional.
The Speaker advised that letters would be addressed to those Councillors who had
not held any meetings.
It was noted that 19 Community Report Back meetings had been held for the Month
of May. A total number of 7 Sectoral meetings and a total number of 14 205
one-on-one Councillor consultations had also been held and reported. These included
engagements with various Stakeholders such as Religious representatives,
Business, etc.
The Speaker announced that following the National and Provincial Government
elections in May, some Councillors had been appointed by their respective Parties to
serve as members of the National Parliament and/or Provincial Legislature. In that
regard he advised that the following 7 Councillors had resigned from the Council:
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NAME PARTY DESIGNATION
Councillor VP Caluza ANC PR Councillor
Councillor HU DeBoer DA Ward Councillor
Councillor CJ Pappas DA Ward Councillor
Councillor LM Meyer DA Ward Councillor
Councillor B Ntshangase ANC PR Councillor
Councillor B Singh DA Ward Councillor
Councillor WM Thring ACDP PR Councillor
In total Council had nine (9) vacancies, including a resignation of Councillor
Maluleka, an ANC, PR Councillor, who resigned on 31 March 2019, and one (1)
outstanding representative from EFF.
The Speaker announced and welcomed the following four (4) Councillors from the
Economic Freedom Fighters (EFF) who had been recently appointed to Council:
● Councillor Thamisanqa Xuma
● Councillor Qalukwenza Hlengwa
● Councillor Bongani Nhlangulela
● Councillor Sibongile Mnguni
In conclusion, the Speaker requested Councillors to note the following:
- Some Councillors were undertaking the Senior Certificate (Matric) programme
and were currently writing exams. He extended the Council’s best
wishes to them.
- A Project Management training programme would be rolled out in June 2019.
Those Councillors who had indicated their interest in the programme would be
contacted in due course.
- The second phase of the Councillor Accelerated Leadership Development
workshops would also be rolled out in June 2019 to all Support Committees,
with much focus on Change Management, Diversity Management and Business
Etiquette. Respective Chairpersons have been consulted in terms of
confirmation of dates for the said workshops.
7. APPLICATIONS FOR LEAVE OF ABSENCE
RESOLVED:
The following Councillors and Amakhosi were granted leave of absence as
indicated:-
COUNCILLORS
Councillor MA Ally : Request to leave at 15:15
Councillor MB Brauteseth : 2019-05-29 (Indisposed)
Councillor TJT Cibane : 2019-05-29 (Personal Commitments)
Councillor R Cloete : 2019-05-29 to 30 (Indisposed)
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Councillor S Govender : 2019-05-29 to 30 (Indisposed)
Councillor P Graham : 2019-05-28 to 30 (Personal Commitments)
Councillor RC Hlophe : 2019-05-29 to 30 (Municipal Business)
Councillor NL Khuzwayo : 2019-05-29 (Municipal Business)
Councillor CB Langa : 2019-05-28 to 31 (Indisposed)
Councillor TN Mabanga : Request to leave at 15:00
Councillor BA Mkhize : 2019-05-29 (Indisposed)
Councillor SE Mhlongo : 2019-05-29 (Indisposed)
Councillor NE Mthembu : 2019-05-29 (Indisposed)
Councillor BD Naidoo : Request to leave at 13:00
Councillor BS Ngcongo : 2019-05-28 to 29 (Indisposed)
Councillor S Ngema : 2019-05-29 to 30 (Indisposed)
Councillor TT Ngubane : Request to leave at 15:15
Councillor JP Prinsloo : 2019-05-29 (Personal Commitments)
Councillor S Ryley : 2019-05-29 (Personal Commitments)
Councillor A Shaheed : Request to leave at 13:00
Councillor PN Sikhosana : 2019-05-29 (Indisposed)
Councillor PS Sishange : 2019-05-29 (Personal Commitments)
Councillor C Xesibe : 2019-05-29 (Personal Commitments)
Councillor BM Zulu : 2019-05-29 (Personal Commitments)
AMAKHOSI
Inkosi V Cele : 2019-05-29 (Personal Commitments)
Inkosi NC Maphumulo : 2019-05-29 (Personal Commitments)
Inkosi S Mlaba : 2019-05-29 (Personal Commitments)
(It is recorded that although Councillors BA Mkhize and PS Sishange had
submitted applications for Leave of Absence, they were present at the meeting).
At this stage of the proceedings, Her Worship the Mayor, Councillor
ZRT Gumede proceeded to the Podium to deliver her Budget speech which is
attached to these Minutes. However, prior to her commencement, the IFP and
the DA expressed concern at the late submission of budget documents and the
presence of Her Worship, the Mayor and Councillor MM Mthembu at this
meeting in view of what they regarded as a violation of their bail conditions and
the alleged charges against them. The point having been made that the charges
were regarded as “alleged” and that the Constitution of the Republic of South
Africa provided for a person to be innocent until proven guilty, Her Worship
continued with her budget speech.
In her speech Her Worship the Mayor, Councillor ZRT Gumede advised,
inter-alia, that the budget was largely aimed at broadening service delivery,
attracting investors and expanding investment in infrastructure. She mentioned
an increase in the Capital expenditure to approximately R7.9 billion in
2019/2020 that would meet infrastructure and household service needs and
simultaneously address backlogs over the medium term. Noteworthy was that
R3.7 billion of that budget would be directed to new housing developments and
interim servicing of informal settlements. On the Operating budget she advised
of increases in the amount of R42.8 billion in 2019/2020, R47 billion in
2020/2021 and R51.1 billion in 2021/2022.
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In delivering the budget, she highlighted the need for it to be implemented in the
facilitation and provision of infrastructure, services and support to create an
enabling environment for all residents to utilize their full potential and access
opportunities. In line with the Integrated Development Plan priority areas
would be identified and addressed during the 2019/2020 Financial Year in an
endeavor to revive development and structural reforms. She cited service
delivery as being at the heart of eThekwini Municipality with the Capital
Budget continuing to reflect ongoing efforts to address service delivery backlogs
and renewal of infrastructure of existing networks, particularly roads and
electricity.
She pointed out that the compassion displayed by the City was evident in the
provision made for residents who were unable to pay for basic services. In doing
so she stated that the City’s social package of R3.9 billion for 2019/2020 was
partially funded by the Municipality’s equitable share allocation of R3.2 billion
from National Government. On the issue of tariffs she spoke of attempts to ease
the burden on ratepayers taking cognizance of the current economy, hence the
rates increase of 6.9% was amongst the lowest in the country.
Speaking on the electricity tariff she mentioned an increase of 13.07% which
was indicative of the increase of 15.69% expected from Eskom. However, should
there be a further review by the energy regulator NERSA on the Eskom
increase, the City would be required to review the tariff. Alluding to the
increase in water tariffs, she was of the view that the 15% increase for domestic
consumers and 15.5% for businesses was based on the Umgeni Water Board
increase of 9.6%, taking into consideration the additional capital expenditure on
water in terms of rollout.
In conclusion, she advised that the sewer tariff had been contained to 9.9%
whilst the 9.9% refuse tariff increase was due to the inclusion of additional
areas for services.
(At this stage, Her Worship the Mayor proceeded to her seat. The Speaker
referred the Council to item 7 of the Fifth Report of the Executive Committee,
relative to Budget 2019/2020, 2020/2021 and 2021/22 Medium Term Revenue
and Expenditure Framework (MTREF). Following discussion of item 7, details
of which are reflected therein, the Council adjourned for lunch. When the
Council resumed at 14:30 it dealt with the Official Announcements, Speaker’s
Report, Confirmation of Minutes and the remaining items contained in the
Agenda, Supplementary Agenda and Laid on Table Reports).
8. CONFIRMATION OF MINUTES: Meetings held on 2019-03-28
RESOLVED:
That the minutes of the meeting of the eThekwini Municipal Council held on
2019-03-28, as circulated and taken as read, be and they are hereby confirmed.
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9. QUESTIONS IN TERMS OF SECTION 27 OF THE RULES OF ORDER
The following Questions in terms of Section 27 of the Rules of Order were
submitted:-
9.1 Questions submitted by Councillor EL Singh: Traffic congestion in Phoenix due to
development at Cornubia (26/1/1/3):
Phoenix is now densely populated and rapidly growing due to the development at
Cornubia and Infill Housing. Traffic congestion is a major concern and it is in light
of the aforegoing that I pose the following questions:
1. Has the Municipality conducted an assessment or study on the traffic
congestion in the following roads, main entrances and exits:
1.1 Woodview Drive and R102
1.2 JG Champion Drive and R102
1.3 R102 and M41
1.4 Stonebridge Drive and R102
1.5 Phoenix Highway and R102
1.6 Industrial Park Road and Fernham Drive
2. What are Municipality’s plans in dealing with the current traffic
congestion in Phoenix, at all the main entrances and exits?
3. What is the short term plan to alleviate the traffic congestion in Phoenix?
4. What is the long term plans to alleviate the traffic congestion in Phoenix?
The following respective responses were provided:-
1. Planned road upgrades
a. All the intersections along the R102 fall under the jurisdiction of the
KwaZulu-Natal Department of Transport (KZNDOT). Upgrades along
the R102 between Stonebridge Drive and JG Champion Drive are
currently being considered by KZNDOT. The timing of these upgrades
have not been finalised. In this regard this Unit will communicate
directly with Councillor Singh as soon as more information is available
from KZNDOT.
b. The intersection of Industrial Park/Fernham Drive will be impacted on by
the IRPTN C9 route. Necessary improvements will be included to
address mobility at this junction. In addition, a traffic accommodation
plan to be employed along the whole of Phoenix Highway during
construction of C9, is currently being discussed with the affected public
transport operators. Once this consultation is completed, engagements
with relevant Councillors and communities will be arranged.
c. The following road upgrades have been budgeted for in the
2019/2020 MTREF-
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1.1 Upgrade of JG Champion Drive from R102 to Viewhaven Drive
1.2 Upgrade of the intersection of Phoenix Highway/Stonebridge Drive
1.3 Upgrade of the intersection of Phoenix Highway/Clayfield Drive
1.4 Upgrade of JG Champion Drive/Palmview Drive (South)
1.5 Upgrade of JG Champion Drive/Sastri Park Drive
2. With regard to long term planning in the City, including Phoenix, the City’s
strategy is to promote public transport and non-motorised transport. As a
consequence less emphasis will be placed on infrastructure to support private
transport requirements. This strategy is being used to inform the City’s
Transport Master Plan which is a key component of the Comprehensive
Integrated Transport Plan (CITP)
_____________
(Her Worship the Mayor, Councillor ZRT Gumede, presented the First Report
of the Executive Committee)
__________
FIRST REPORT OF THE EXECUTIVE COMMITTEE (Meeting held 2019-04-16)
PRESENT : Executive Committee Members ZRT Gumede (Mayor and Chairperson),
F Peer (Deputy Mayor), HU de Boer, BA Fortein, NL Graham, SA Kaunda,
MM Mthembu, TM Mthethwa and MS Nkosi.
ABSENT : Executive Committee Member ZR Sokhabase (on Leave-Indisposed)
_____________
1. REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE
COMMITTEE: MEETING HELD ON 2019-04-09
1.1 Expansion of City Fleet Western Workshop (2/3/1/7) (7/6/1/2):
(Page 55: Human Settlements and Infrastructure Committee - Agenda 2019-04-09)
COMMITTEE RECOMMENDS:
That authority be granted to the Head: Real Estate to advertise an expression of
interest to identify suitable properties in the Western Region of eThekwini for
acquisition in order to expand the City Fleet Western Workshop and undertake the
cost benefit exercise to establish the best option to be pursued, it being recorded that
a further report on the findings thereto, will be submitted to the Human Settlements
and Infrastructure Committee.
ADOPTED.
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1.2 Acquisition for Regularisation of Road Encroachment (17/2/1/1/R):
(Page 87: Human Settlements and Infrastructure Committee - Agenda 2019-04-09)
At the Executive Committee meeting the recommendations as contained in the report
of the Human Settlements & Infrastructure Committee were amended in
recommendation 1 by the deletion of the words “deviate from the Supply Chain
Management Regulations and” and by the deletion of recommendation 3
in its entirety.
Accordingly,
COMMITTEE RECOMMENDS:
1.2.1 That in order to regularize the partial encroachment of the road Tipclay Place over
privately owned property, authority be granted to the Head: Real Estate to negotiate
the acquisition of a road servitude over Erf 816, Clayfield, as reflected on Plan
SJ4701/10, it being recorded that Section 36(1)(a)(ii) of the Supply Chain
Management Regulations (market related values) will be invoked with the approval
of the Bid Adjudication Committee.
1.2.2 That subject to the adoption of .1 above and approval of the Bid Adjudication
Committee (BAC) pursuant to successful negotiations, authority be granted to the
Head: Real Estate to sign all relevant documents necessary to effect transfer to the
eThekwini Municipality.
1.2.3 That in the event of negotiations being unsuccessful, authority be granted to the
Head: Real Estate to expropriate the required servitude as depicted on
Plan SJ4701/10 and to sign all documents necessary to give effect to
such expropriation.
This will be provided for in the Real Estate blocksum.
Financial Year: 2019/2020 & 2020/2021
ADOPTED.
1.3 Review of Tariffs: Surveying and Land Information Department: 2019/2020
(7/6/1/2):
(Page 94: Human Settlements and Infrastructure Committee - Agenda 2019-04-09)
COMMITTEE RECOMMENDS:
1.3.1 That the tariffs applicable to the eThekwini Municipality’s copying fees for Plans
and Photographs be amended as reflected in the Annexures attached to the report of
the Head: Engineering dated 2018-12-12.
1.3.2 That subject to .1 above the City Manager be requested to implement the following:
(a) Display a copy of this resolution and the said tariff charges conspicuously:
(i) on the City Hall Notice Board, and
(ii) at such other places within the Municipality as the City Manager
may determine.
(b) To publish in the Ezasegagasini Metro a notice in the following format:-
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ETHEKWINI MUNICIPALITY
Notice is hereby given that:-
(a) A resolution of the kind contemplated in Section 75A(2) of the Local
Government: Municipal System Act 2000 (Act 32 of 2000) was passed by
the Municipal Council on ……………………………
(b) A copy of the said resolution and annexed tariff of charges is available for
inspection at:-
(i) City Hall, Dr Pixley KaIsaka Seme Street, (West Street) Durban
(ii) ……………………………etc.
(c) The effective date for the implementation of the said tariff of charges is
2019-07-01.
(d) To seek to convey the information referred to in the said notice to the public
on East Coast Radio and Ukhozi Radio; and
(e) To send a copy of the said notice to the Provincial Minister of Local
Government and Traditional Affairs
…………………………………….
CITY MANAGER
ETHEKWINI MUNICIPALITY
Date: ………………………………
As some Councillors were not in support of the above recommendations of the
Executive Committee the matter was put to the vote. With 173 Councillors
present 156 Councillors (ANC- 100, DA – 47, IND – 4, AIC – 2, DLC – 1,
APC – 1 and AL JAMA-AH - 1) voted in favour and 10 IFP Councillors voted
against. 7 EFF Councillors abstained from voting.
The above recommendations of the Executive were, by the majority vote,
ADOPTED.
1.4 Acquisition of Land in the Brackenhill or Surrounding Areas of eThekwini
Municipality (17/2/1/1/R):
(Page 100: Human Settlements and Infrastructure Committee - Agenda 2019-04-09)
COMMITTEE RECOMMENDS:
1.4.1 That authority be granted to the Head : Real Estate to enter into negotiations with
private land owners for the purchase of land to develop a new Road and Stormwater
Maintenance Depot in the Brackenhill or surrounding areas.
1.4.2 That subject to the approval of .1 above, a budget of R10 000 000.00 (Ten Million
Rand) for purchase of the land to develop new roads and a Stormwater Maintenance
Depot in the Brackenhill or surrounding areas be made available in the 2019/2020
financial year.
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1.4.3 That authority be granted to the Head : Real Estate to submit a report to the Human
Settlements and Infrastructure Committee on the outcome arising from negotiations
with the land owners, with a specific amount to be utilized for the purchase of land
to develop a new Roads and Stormwater Maintenance Depot.
ADOPTED.
1.5 Registration of 9m Wide Servitudes and Wayleaves for the Proposed Cato Ridge
Pipeline (23//1/11/1/1/2):
(Page 207: Human Settlements and Infrastructure Committee - Agenda 2019-04-09)
COMMITTEE RECOMMENDS:
1.5.1 That authority be granted to the Head: Real Estate to acquire any pipeline servitude
as well as any other necessary servitudes, wayleaves and encroachments and land by
negotiation and/or expropriation as considered necessary.
1.5.2 That subject to .1 above, it be noted that the approval of the Bid Adjudication
Committee (BAC) will be sought to deviate from the Supply Chain Management
(SCM) Regulations for the Head: Real Estate to negotiate directly with the property
owner for the acquisition of the property in question using Section 36 (1)(a)(ii) of the
Supply Management Regulations.
1.5.3 That in the event of negotiations being unsuccessful, authority be granted to the
Head: Real Estate to expropriate the affected property.
1.5.4 That in the event of negotiations being successful, the City Manager record reasons
for the deviations and report at the next meeting of the Council and include the
reasons as a note to the Annual Financial Statement in terms of Section 36(2) of the
Municipal Supply Chain Management Regulations.
Cost Centre: 69200 Project No.: X4625 R300 000.00 Provided in 2018/2019
via X4625
ADOPTED.
1.6 Request for Approval to Transfer Funds in the Outer Financial Year within the Water
Capital Budget (7/1/2/2):
(Page 216: Human Settlements and Infrastructure Committee - Agenda 2019-04-09)
COMMITTEE RECOMMENDS:
That Council approves the adjustment to the Water Capital Budget in the outer
financial years for professional services contracts as listed below to fund the
completion of their scope of work.
Project
Number
Funding
Required
Financial
Year
Funded
from
Reasons for Savings
X5254 R50 000.00 2020/2021 X8233 Project delayed due to development being
delayed in the area
X6599 R100 000.00 2019/2020 X8083 Project delayed due to land acquisition
X4877 R50 000.00 2020/2021 X8233 Project delayed due to development being
delayed in the area
FC 364/C170
ADOPTED.
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1.7 Request for Authority to be granted to the Head: Real Estate to Acquire by Means of
Private Treaty, Acquisition and or Expropriation of the Land/Servitudes Required for
the Hammarsdale High Level Reservoir Inlet: Construction of 500mm Ø 1440m
Long Steel Inlet Main (17/2/2/1/3):
(Page 238: Human Settlements and Infrastructure Committee - Agenda 2019-04-09)
COMMITTEE RECOMMENDS:
1.7.1 That for the reasons stated in the report by the Head: Water and Sanitation dated
2018-12-14, the Head: Real Estate be authorized to proceed with the
acquisition/expropriation for the required servitudes as listed in the table below:
Description Hand Plan No.
Erf 111 Drummond SJ 4765/2
Rem of Erf 120 Drummond SJ 4765/3
Rem of Erf 119 Drummond SJ 4765/4
Rem of Erf 118 Drummond SJ 4765/5
Rem of Erf 3 Cliffdale SJ 4765/6
Rem of Erf 3 Cliffdale SJ 4765/7
1.7.2 That subject to the adoption of .1 above, and approval by the Bid Adjudication
Committee pursuant to successful negotiations, the Head: Real Estate be authorized
to sign the relevant agreements and all documents necessary to effect transfer of the
Municipality’s requirements.
Cost Centre : 69200
Project No. : X4625
Funding for the 2018/2019 and 2020/2021 financial years will be provided in X4625:
Western Aqueduct
ADOPTED.
1.8 Request for Authority to Transfer Funds to Project Y8763 (23/1/11/2/1/2):
(Page 244: Human Settlements and Infrastructure Committee - Agenda 2019-04-09)
COMMITTEE RECOMMENDS:
1.8.1 That the request for authority to transfer funds from block sums as indicated below to
project No Y8763 for Design, Manufacture, Supply, Delivery, Installation, Testing
and Commissioning of MV Switchgear at the Southern Waste Water Treatment
Works (SWWTW), be approved:
1.8.1.1 Y7083B (Northpark sewer Reticulation) to the value of R2 500 000.00
(excluding VAT)
1.8.1.2 Y8612BZ1 (Northdale Pump Station) to the value of R3 100 000.00
(excluding VAT)
1.8.1.3 Y8142A (Ntuzuma C) to the value of R400 000.00 (excluding VAT)
1.8.1.4 Y8145B (Ntuzuma G infills) to the value of R1 154 000.00 (excluding VAT)
1.8.1.5 Y8138 (Umdloti Beach) to the value of R175 000.00 (excluding VAT)
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1.8.2 That authority be granted to the Deputy City Manager: Treasury to include in his
Adjustment Budget Report, the transfer of funds from block sums Y7083B
(Northpark sewer Reticulation) to the value of R2 500 000.00 (Two Million, Five
Hundred Thousand Rand), (excluding VAT), Y8612BZ1 (Northdale Pump Station)
to the value of R3 100 000.00 (Three Million, One Hundred Thousand Rand),
(excluding VAT), Y8142A (Ntuzuma C) to the value of R400 000.00 (Four Hundred
Thousand Rand), (excluding VAT), Y8145B (Ntuzuma G infills) to the value of
R1 154 000.00 (One Million, One Hundred and Fifty Four Thousand Rand),
(excluding VAT), Y8138 (Umdloti Beach) to the value of R175 000.00
(One Hundred and Seventy Five Thousand Rand), (excluding VAT) to Y8763 for the
design, manufacture, supply, delivery, installation, testing and commissioning of
MV Switchgear at SWWTW.
Vote: Y8763 R7 329 000.000 (excluding VAT) FC No. 365/C142
ADOPTED.
1.9 Renewal of Lease for the Northern Customer Services Centre - Suite 4 Manhattan
House - 15 Twilight Drive - Umhlanga (17/2/2/5/1):
(Page 344: Human Settlements and Infrastructure Committee - Agenda 2019-04-09)
COMMITTEE RECOMMENDS:
1.9.1 That authority be granted to the Head: Real Estate to conclude a lease agreement
with Manhattan Grove (Pty) Ltd in respect of the property situated at 15 Twilight
Drive, Manhattan House, in extent of approximately 446m2, for the Electricity
Northern Customer Service Centre, for a period of three years commencing on
2019-10-01 and terminating on 2022-09-30.
1.9.2 That authority be granted to the Head: Real Estate to sign all documents necessary to
conclude the lease.
ADOPTED.
1.10 Request for Authority to Transfer Funds to Project No. X4625: Hammarsdale
High Level Reservoir Inlet: Construction of 1440m of 50mm Steel Inlet Main,
Ward 103 (23/1/11/3/1):
(Page 346: Human Settlements and Infrastructure Committee - Agenda 2019-04-09)
COMMITTEE RECOMMENDS:
1.10.1 That in line with the Municipal Finance Management Act, authority be granted for
the Head: Water & Sanitation to transfer funds in the amount of R24 000 000.00
(Twenty Four Million Rand) which represents savings from project
X5906: PRV Installation to Project X4625 : Hammarsdale High Level Reservoir
Inlet to ensure continuity and completion of the contract, thereby adequately meeting
water demand in this area.
1.10.2 That subject to the approval of .1 above, authority be granted to the Deputy City
Manager: Finance to include in his Adjustment Budget report, the transfer of funds.
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Project No. Description Funding
Required in
2019/2020
Project No. Funding
Provided from
Project
Surplus
Funding
2019/2020
X4625 Hammarsdale
High
Level Reservoir
Inlet
R24 000 000 X5906 PRV Installation R24 000 000
Total funds required in
2019/2020 financial year
R24 000 000 Total funds required in
2019/2020 financial year
R24 000 000
FC No.: 364/C169
ADOPTED.
1.11 Request for Authority to Transfer Funds within Water and Sanitation Capital Budget
in the 2018/2019 Financial Year - for Contract WS 6772 (23/2/2 & 7/1/2/2):
(Page L35: Human Settlements and Infrastructure Committee - Agenda 2019-04-09)
COMMITTEE RECOMMENDS:
1.11.1 That authority be granted to the Head: Water and Sanitation for the transfer of funds
from the Water and Sanitation Blocksum project No. X5258 budget to project
No. Y8841 where savings have been identified.
1.11.2 That subject to the approval of .1 above, the Deputy City Manager: Treasury include
in his adjustment budget report, the transfer of funds from the Water and Sanitation
project budgets where savings have been identified for the project to provide
sanitation services and associated infrastructure at different Wards where on-site is
crucially required in the 2018/19 financial year.
Cost Centre/Project No: X5258 FC No.: 365/C163
ADOPTED.
2. REVIEW OF TENDER FEES ISSUED TARIFFS: 2019/2020 (7/6/1/5)
(Page 24)
Taking cognisance of the Radical Economic Transformation (RET) framework as
adopted by Council and the need for local communities to be afforded the
opportunity to tender, the tariffs relating to Tender Fees is being amended to indicate
that there shall be no increase in tariff for tenders from R0.00 to R5million.
In the circumstances,
COMMITTEE RECOMMENDS:
2.1 That Council of the eThekwini Municipality resolves in terms of Section 75A of the
Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that, with effect
from 2019-07-01, the tariffs as set out hereunder, be levied:
2.1.1 That there be 0% increase in the base tariff for tenders issued in the range of
R0.00 to R199K. The tariff excluding VAT shall be R0.00.
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2.1.2 That there be 0% increase in the base tariff for tenders issued in the range of
R200K to R1M. The tariff excluding VAT shall be R86.96 (Eighty Six Rand,
Ninety Six Cents).
2.1.3 That there be 0% increase in the base tariff for tenders issued in the range of
R1M to R5M. The tariff excluding VAT shall be R217.39 (Two Hundred and
Seventeen Rand and Thirty Nine Cents).
2.1.4 That there be a 10% increase in the base tariff for tenders issued in the range of
R5M to R10M. The tariff inclusive of VAT shall be R550.00 (Five Hundred
and Fifty Rand).
2.1.5 That there be 10% increase in the base tariff for tenders issued in the range of above
R10M. The tariff inclusive of VAT shall be R1 100.00 (One Thousand and One
Hundred Rand).
2.2 That subject to the adoption of .1 above, the City Manager be requested to comply
with the provisions of Section 75A (3) and (4) of the said Act.
ADOPTED.
3. TRANSFER OF PROPERTIES UNDER THE OWNERSHIP OF THE
KWAZULU-NATAL DEPARTMENT OF HUMAN SETTLEMENTS AND
BEING UTILISED BY THE MUNICIPALITY (27/1/1/5/R)
(Page 26)
COMMITTEE RECOMMENDS:
That authority be granted to the Head: Electricity to initiate the transfer of various
electricity substation sites located in Austerville, as listed hereunder, to be received
from the KwaZulu-Natal Department of Human Settlements (KZNDHS) by way of
donation to eThekwini Municipality, it being recorded that there are no financial
implications to the Municipality as all transfer costs of the sites will be borne
by KZNDHS.
a) Erf 1054 Austerville
b) Erf 1055 Austerville
c) Erf 1056 Austerville
d) Erf 1057 Austerville
e) Erf 1058 Austerville
f) Erf 1059 Austerville
g) Erf 1071 Austerville
h) Erf 1072 Austerville
i) Erf 1073 Austerville
j) Erf 1074 Austerville
ADOPTED.
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4. REPORT BACK ON THE INTERNATIONAL ASSOCIATION FOR IMPACT
ASSESSMENT (IAIA) 2018, 38TH ANNUAL CONFERENCE AND
PARTNERSHIP, HELD IN DURBAN IN MAY 2018 (13/7)
(Page 29)
The Executive Committee noted that the delay in submitting the close-out report had
been attributed to the process of the Department having to analyse numbers and
verification of attendance with other International associations that were in
partnership with the Conference.
In the circumstances,
COMMITTEE RECOMMENDS:
4.1 That the close-out report dated 2019-03-06, relative to the partnership between the
eThekwini Municipality, the International Association for Impact Assessment South
Africa (IAIAsa) and the International Association for Impact Assessment (IAIA) for
the planning and hosting the IAIA eighteenth (18th) International Conference held in
the Durban International Convention Centre in May 2018, be noted, it being recorded
that consideration should be afforded to relevant Councillors to attend future Annual
IAIA Conferences that will enable them to benefit from international environmental
best practices.
4.2 That it be noted that the partnership for hosting IAIA 18 in the City of Durban has
accorded eThekwini Municipality the opportunity to profile its ground breaking
planning that responds to environmental justice challenges of a society in transition
and has further promoted the Municipality’s status as South Africa’s choice of
destination for tourism and hosting of major events.
NOTED.
5. ERADICATION OF 40 YEARS OF HOUSING BACKLOG (17/2/1/1/2)
(Page 43)
The report relative to the eradication of forty years housing backlog was welcomed,
taking into account the City’s reliance on Cornubia Housing which was not
capacitated to cater for the relocation of residents who have been housed in transit
camps for many years.
In response to the City’s tardiness in securing land acquisition, it was pointed out that
the process would be twofold, namely; to enter into an amicable agreement to
purchase land and secondly, expropriation on negotiated settlement prices. A further
proposal is to maximize the availability of land to afford communities an opportunity
to construct homes of their choice.
Being in agreement therewith and following amendments to the departmental
recommendations as contained therein,
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COMMITTEE RECOMMENDS:
5.1 That the Head: Real Estate and the Head: Human Settlements be authorized to
negotiate for the acquisition or expropriation of the properties as per Annexure 2 to
the report of the City Manager dated 2019-04-09, as part of the Municipality’s
initiatives to address 40 years housing backlog, it being recorded that the process will
be subjected to positive pre-screening and feasibility.
5.2 That subject to adoption of .1 above and the approval of the Bid Adjudication
Committee pursuant to successful negotiations, the Head: Real Estate and the Head:
Human Settlements be authorised to sign all documents necessary to effect transfer
of the properties as per the abovementioned Annexure.
5.3 That should the process of expropriation be deemed necessary, the Head: Real Estate
and the Head: Human Settlements be authorized to proceed with the expropriation of
the properties in terms of Section 9(3)(a)(ii) of the Housing Act No 107 of 1997 and
as per the Council Resolution dated 2019-02-28, attached as Annexure 1 to the report
of the City Manager dated 2019-04-09, it being recorded that such expropriation will
be subject to the consent of the Honourable MEC Human Settlements being sought
in terms of Section 190 of the Local Authorities Ordinance.
5.4 That subject to the adoption of .3 above, the Head: Real Estate and the Head: Human
Settlements be authorised to conclude the compensation agreements and sign all
necessary documents to effect registration of the properties as per Annexure 2 to the
report of the City Manager dated 2019-04-09, in favour of the Municipality.
5.5 That the Head: Legal Services & Compliance and the Head: Security Management,
be authorized to take the necessary steps to protect the acquired properties and
prevent unlawful invasion thereon.
MOTION TO AMEND
In terms of Rule of Order Bylaw 20(4), Councillor RD Macpherson, seconded
by Councillor ZW Khuzwayo, moved as a procedural motion that the above
recommendations of the Executive Committee be amended by the addition of
the following recommendations:
- That a list of the properties identified be circulated.
- That an estimated value of the aforesaid list of properties be
attached.
- That the relevant officials advise where the funds for the purchase of
properties will be derived from.
- That an open and transparent Housing List be established with
immediate effect.
NOT CARRIED
As some Councillors were not in support of the above-mentioned
Motion to Amend, the matter was put to the vote. With 171 Councillors present,
58 Councillors (DA – 46, IFP – 10 and AIC - 2) voted in favour and
105 Councillors (ANC- 101, IND – 3 and APC - 1) voted against. 8 Councillors
(EFF – 7 and MF – 1) abstained from voting.
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The above-mentioned Motion to Amend was, by the majority vote,
NOT CARRIED.
Discussion thereafter reverted to the substantive motion and as some
Councillors were not in support of the above-mentioned recommendations of
the Executive Committee and with majority of the Councillors being in favour
thereof, the matter was put to the vote.
With 174 Councillors present, 107 Councillors (ANC – 102, IND – 3, APC – 1
and AL JAMA-AH - 1) voted in favour and 67 Councillors (DA – 47, IFP – 9,
EFF – 7, AIC – 2, MF – 1 and DLC- 1) voted against. There were no abstentions
recorded.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
6. ESTABLISHMENT OF THE GO! DURBAN LEGACY FUND (7/5/1&26/3/1/2)
(Page 76)
Some Members of the Executive Committee expressed concern on the current status
of the City’s Integrated Rapid Public Transport Network (Go!Durban) in terms of
deadlines not being adhered to especially as the C3 corridor from Pinetown to Bridge
City was scheduled to “go live” in June 2019. Given that the corridors were lying
vacant was another aspect of concern in that it would further delay the strategic
objectives of promoting creativity, social cohesion, youth development and
empowerment.
The majority of Executive Committee Members welcomed the long overdue report
on the premise that the framework contained therein would empower youth
development and foster innovation and creativity among young people. It was further
suggested that the departmental recommendations would require an amendment to
enable the establishment of a Political Oversight Committee to oversee the equitable
disbursement of funds to beneficiaries, with due cognisance being taken on the cross
cutting of funding with other Clusters affected.
With three (03) Executive Committee Members of the Democratic Alliance
dissenting and with the majority of Executive Committee Members being in favour,
COMMITTEE RECOMMENDS:
6.1 That in-principle authority be granted for the establishment of the GO!Durban
Legacy Fund and Programme whereby all existing and future contributions for social
investment flowing from requirements in the GO!Durban Radical Economic
Transformation Specification shall be deposited, and from where funds shall be
allocated to support various initiatives in line with the objectives of the Fund.
6.2 That subject to .1 above,
6.2.1 The focus for the investment and allocation of contributions into the GO!Durban
Legacy Fund and Programme be utilised to target the development of youth in the
City through the support for talent, innovation and entrepreneurship.
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6.2.2 The theme or slogan (isiqubulo) for the Legacy Fund and Programme will be
“Go Durban! Go Until You’re Great!”
6.2.3 The key focal areas for the Legacy Fund and Programme to be:
(a) Supporting talent in sport, especially cycling,
. (b) Recognizing creative arts and driving “Art in transit”.
(c) Entrepreneurship in young people; and
(d) Supporting initiatives in communities aimed at youth development.
6.2.4 The potential beneficiaries to be targeted by the Legacy Fund and Programme
would include:
(a) Talented young people in all communities in the City.
(b) Young existing and aspiring entrepreneurs.
(c) Young innovators and researchers.
(d) Young people with superior grades at school or university.
(e) Young artists, digital creative artists and place making practitioners
in the City; and
(f) The convening of community programmes to target youth development
6.3 That subject to .1 and .2 above, authority be granted to the Head: eThekwini
Transport Authority to, in line with the requirements of the GO!Durban
Empowerment Charter/GO!Durban Radical Economic Transformation Specification,
engage with business entities that have made contributions for skills development
and corporate social investment, in an attempt to inform them on the proposal for the
establishment of the GO!Durban Legacy Fund and Programme as an appropriate
legal “vehicle” into which all existing allocations to potential beneficiaries shall be
made, and to solicit their support for the proposal.
6.4 That subject to the approval of .3 above and following his engagement with the
aforesaid contributing business entities, the Head : eThekwini Transport Authority be
requested to submit a report to Council, it being noted that such recommendations
will be endorsed and/or approved in order to facilitate the setting up of the
GO!Durban Legacy Fund.
6.5 That taking cognisance of the cross cutting of funding with other Clusters affected,
the implementation of the abovementioned recommendations be co-ordinated by the
relevant Deputy City Managers.
6.6 That a Political Oversight Committee be established to monitor the disbursement of
funding to the beneficiaries.
6.7 That a report on the prioritization programme for implementation of the
establishment of the Go!Durban Legacy Fund be submitted by end of June 2019
to Council.
Some Councillors were not in support of the above-mentioned recommendations
of the Executive Committee expressing concern at the current status of the
City’s Integrated Rapid Public Transport Network. Further, it was mentioned
that deadlines in the construction thereof were not being adhered to with some
of the “corridors” still lying vacant.
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As the majority of the Councillors were in support of the aforesaid
recommendations of the Executive Committee, especially taking into account
that the youth would benefit from the programmes associated therewith, the
matter was put to the vote. With 174 Councillors present, 126 Councillors
(ANC – 103, IFP – 10, EFF – 7, IND – 3, AIC – 2 and DLC - 1) voted in favour
and 48 Councillors (DA – 47 and MF - 1) voted against. There were no
abstentions recorded.
The above recommendations of the Executive Committee were,
by the majority vote, ADOPTED.
7. AUDIT COMMITTEE REPORT FOR THE SECOND QUARTER ENDED
31 DECEMBER 2018 (11/1/2)
(Page 128)
The Chairperson of the Audit Committee presented the abovementioned report and
highlighted the following areas of risk that could have an adverse impact on the
seamless running of the City:
► Poor attendance at Audit Committee meetings by Executive Management.
► No segregation of duties between User Unit and Supply Chain
Management Unit.
► Irregular Expenditure.
► Electricity and water losses.
► CAPEX spent to date.
► Performance Scorecard Review – 2019/2020.
► City Integrity and Investigation Unit Reports.
► Appointment of Inkosi Albert Luthuli ICC Chairman.
► Resolution of Previous Years Audit Findings.
Following such presentation an appeal was made to Members of the Executive
Committee to ensure that the recommendations made by the Audit Committee were
followed through and decisive action implemented.
Concern was expressed, amongst other things, on the ongoing irregular expenditure
due to lack of consequence management, backlog at the City Integrity &
Investigations Unit and lack of capacity thereto. The poor functionality of the
Revenue Management System in quantifying water losses and water theft was
concerning, taking into account the adoption of recent tariff increases.
The Executive Committee acknowledged the concerns raised and made the point that
that the onus rested upon it to ensure that all recommendations of the Audit
Committee were appropriately actioned. The view was expressed that every effort
should be made to ensure a robust engagement of the critical issues as raised by the
Audit Committee Chairperson, especially as such issues could compromise the City,
hence such matters should be urgently addressed. In that regard the City Manager
was requested to address the issue on behalf of the Committee with the following
recommendations:
● A Special Meeting of the Executive Committee be held on Thursday,
2019-04-25 at 17:00 to consider a comprehensive report from the
City Manager, comprising inter alia, the following issues, it being recorded that
all relevant role-players be requested to be in attendance.
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- All recommendations taken by the Audit Committee in respect of issues
of concern and the actioning thereof.
- Recommendations of the Auditor-General and its implementation.
- Segregation of duties between User Units and Supply
Chain Management.
- Staffing capacity and backlog at City Integrity and Investigations Unit.
● Consideration of all Finance issues at the last monthly meeting of the
Executive Committee.
Accordingly,
COMMITTEE RECOMMENDS:
7.1 That the Audit Committee Report for the Second Quarter ended 31 December 2018,
as submitted in terms of Section 166(2) of the Municipal Finance Management Act
No. 56 of 2003, to advise Council on the activities of the Audit Committee and the
results of its quarterly reviews, the systems of internal control; risk management;
financial management; performance and financial reporting; organizational
performance management and evaluation; internal audit function and outcomes;
fraud and corruption matters brought to the attention of Council, be noted.
7.2 That in noting and accepting the Audit Committee report as indicated in .1 above, the
City Manager is tasked to develop an action plan that will respond to the following
resolutions adopted by the Executive Committee on 2019-04-16 for consideration at
the Special Meeting of the aforesaid Committee to be convened on 2019-04-25:
7.2.1 All recommendations taken by the Audit Committee in respect of issues of concern
and the actioning thereof.
7.2.2 The implementation of recommendations by the Auditor-General and
its implementation.
7.2.3 Segregation of duties between User Units and Supply Chain Management.
7.2.4 Staffing capacity and backlog at City Integrity and Investigations Unit.
7.3 That the City Manager reports to the Executive Committee on a monthly basis on the
implementation and progress in respect of consequence management relative to the
issues raised by the Audit Committee.
7.4 That the report as mentioned in .3 above to include the progress in respect of
remedial action on the Auditor General’s findings and the Municipal Public
Accounts Committee’s oversight report.
ADOPTED.
8. NOTING OF RULE OF ORDER 28: REQUEST FOR APPROVAL TO HOST THE
2019 MEN’S COSAFA CUP TOURNAMENT TO TAKE PLACE FROM 25 MAY
TO 08 JUNE 2019 (33/2&13/2/1/1/1)
(Page L40)
In view of the Council meeting scheduled for 2019-04-30 not convening,
Her Worship the Mayor, Councillor ZRT Gumede approved the recommendations in
respect hereof, in terms of Rule of Order 28(1)(a)
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In the circumstances,
COMMITTEE RECOMMENDS:
8.1 That in view of the Council meeting scheduled for 2019-04-30 not convening, the
action of Her Worship the Mayor, Councillor ZRT Gumede, in approving as a matter
of urgency in terms of Rule of Order Bylaw 28(1)(a) the following recommendations
in respect of the above-mentioned matter, be noted:
8.1.1 That in acknowledging that the hosting of the Council of Southern Africa Football
Association (COSAFA) Cup would showcase the City of Durban as an
internationally renowned conference and sporting destination, in particular, sport
tourism and simultaneously attracting further high profile events to the City, the
hosting of the 2019 Men’s COSAFA Cup tournament to be held from 25 May to
08 June 2019 at the Moses Mabhida Stadium, be approved.
8.1.2 That subject to the approval of .1 above, authority be granted for the Inkosi Albert
Luthuli International Convention Centre (Durban ICC) to host the launch/draw
dinner for the COSAFA Cup.
8.1.3 That subject to approval of .1 and .2 above, the Head: Moses Mabhida Stadium be
authorised to enter into agreement with the South African Football Association for
the hosting of the COSAFA Cup.
8.1.4 That subject to approval of .1, .2 and .3 above, the budget of R7 200 000.00
(Seven Million Two Hundred Thousand Rand) towards the hosting of the
COSAFA Cup in eThekwini Municipality, be approved, it being recorded that funds
will be identified from savings in the Operating Budget.
8.1.5 That it be noted that the income to Council would be in the amount of R4 536 000.00
(Four Million Five Hundred and Thirty Six Thousand Rand) being derived from
ticket sales and that the KwaZulu-Natal Province will be approached to fund the net
cost of R2 664 000.00 (Two Million Six Hundred and Sixty Four Thousand Rand).
NOTED.
9. AUTHORITY TO EXTEND THE EXISTING MEMORANDUM OF
AGREEMENT FOR THE VUKUPHILE II LEARNERSHIP PROGRAMME
(EPWP) (4/3/5/3)
(Page L41)
It was noted that there would be no financial implications to the extension of the
existing Memorandum of Agreement for the Vukuphile Learnership Programme.
In amending the contract extension from twelve (12) to twenty four (24) months as
indicated in the departmental report,
COMMITTEE RECOMMENDS:
9.1 That authority be granted to the City Manager to extend the Memorandum of
Agreement for Vukuphile Learnership Programme from twelve (12) to twenty four
(24) months.
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9.2 That the Head: Mayoral Parlour, in consultation with the Acting Head: Legal
Services and Compliance, be authorized to finalize the extension of the
Memorandum of Agreement for a 24 (twenty four) month period or until the learner
contractors have reached the required level of competence in terms of the process,
whichever comes first.
ADOPTED.
____________________
(Her Worship the Mayor, Councillor ZRT Gumede, presented the Second
Report of the Executive Committee)
__________
SECOND REPORT OF THE EXECUTIVE COMMITTEE (Special Meeting held 2019-04-26)
PRESENT : Executive Committee Members ZRT Gumede (Mayor and Chairperson) F Peer
(Deputy Mayor), HU de Boer, BA Fortein, NL Graham, SA Kaunda,
MM Mthembu, TM Mthethwa, MS Nkosi and ZR Sokhabase.
_____________
1. NOTING OF RULE OF ORDER 28: INTERIM REPORT ON THE HEAVY
RAINFALL THAT OCCURRED FROM 22 TO 23 APRIL 2019 (29/2/2/2)
(Page L1)
The tragic incident and loss of life as a result of heavy rainfall experienced by the
Municipality over the period 22 to 23 April 2019 was acknowledged with deep regret
and sadness by all Members of the Executive Committee.
However, some Members of the Executive Committee, having extended their
condolences to the grieving families who had lost loved ones, expressed concern on
issues, amongst other things, that the Disaster Management call centre was
incapacitated to receive a high volume of calls from the public during disasters.
The relief provided by NGO’s, churches and religious organisations was applauded
with a request for increased effort by the Municipality to provide necessary relief.
Consequently the need for a warehouse type facility to store large numbers of relief
merchandise was deemed to be crucial. It was further contended that the issue of
stormwater related incidents and the numerous complaints by communities with
other related incidents called for urgent intervention. Concern was also expressed on
the legitimate strike action by Municipal employees that was compounded by the fact
that many parts of the City were without electricity and water for a number of days.
In acknowledging that assistance to bereaved families in terms of burial and comfort
was imperative, Committee was cautioned to ensure that funding would be solely for
the benefit of such families and not spent on elaborate Memorial Services.
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In response to the abovementioned concerns expressed the following clarity
was provided:
► The current call centre system was an improvement from previous years.
However, in an endeavour to further improve the process some calls that went
beyond the capacity would now be rerouted to other operational sectors.
► On the issue of a warehouse, the current storeroom at the Pinetown fire station
housed emergency stock, albeit not in large quantities.
► The Municipality was equipped with a state of the art Flood Early Warning
System, however publishing of the warning cannot be undertaken ahead of the
South African Weather Services Bureau. In that regard an intended
corroboration between National Disaster Management, the South African
Weather Services Bureau and the Municipality would mandate the City to
warn communities of flooding 48 hours prior to the incident.
► The contributory factor to the tardiness in distributing food was that certain
areas had been inaccessible due to damages that had occurred.
► The table of incidents as contained in the report was a summary compiled by
on the ground inspectors from the Municipality. A further comprehensive
report would be submitted to the Executive Committee.
► The amounts reflected for rehabilitation of hostels included that of Glebelands,
SJ Smith, Chatsworth and Bayview. A report thereto would be submitted to
both the Community Services Committee and Human Settlements and
Infrastructure Committee. With regard to R293 Townships, specific affected
Wards had been indicated.
► On the issue of funding, a portion of the damages would be claimed from
Council’s Insurers with a request to both the Provincial and National
Governments for funding. In terms of immediate rehabilitation funding would
be obtained from Council’s reserves.
However, in view of the Council meeting scheduled for 2019-04-30 not convening,
Her Worship the Mayor, Councillor ZRT Gumede approved the recommendations in
respect hereof, in terms of Rule of Order 28(1)(a)
Accordingly,
COMMITTEE RECOMMENDS:
1.1 That in view of the Council meeting scheduled for 2019-04-30 not convening, the
action of Her Worship the Mayor, Councillor ZRT Gumede, in approving as a matter
of urgency in terms of Rule of Order Bylaw 28(1)(a) the following recommendations
in respect of the above-mentioned matter, be noted:
1.1.1 That Council approves the interim assessment report of the heavy rainfall incidents
which have occurred within the eThekwini Municipal area on 22 and 23 April 2019
resulting in the infrastructural damage estimated at R658 849 000.00 (Six Hundred
and Fifty Eight Million Eight Hundred and Forty Nine Thousand Rand) as quantified
by various Municipal Units and indicated in the table below:
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Department Estimated Costs
Health Unit R 3 000 000.00
Engineering R248 400 000.00
Human Settlement R327 919 000.00
Electricity R 19 530 000.00
Water & Sanitation R 60 000 000.00
Parks & Recreation Not yet available
Total R658 849 000.00
1.1.2 That in view of .1 above, authority be granted to the City Manager to commission
the Units concerned to commence with the planning and rehabilitation of
infrastructure on both a short and long term basis.
1.1.3 That authority be granted to the City Manager to ensure that all infrastructure are
assessed and emergency rehabilitation implemented where required.
1.1.4 That authority be granted to the Deputy City Manager: Human Settlements,
Engineering & eThekwini Transport Authority to commence with the rehabilitation
and construction of damaged Low Cost Housing, Community Residential Units,
Informal Settlements and Transit Facilities utilizing existing funding and also seek
additional funding from the National Government for the full extent of the disaster to
implement the entire scope of damages incurred.
1.1.5 That based on the extent of damages as a result of heavy rainfall of 22 and
23 April 2019, the Municipality declares a local state of disaster within the
eThekwini Municipal area, as per Section 55 of the Disaster Management
Act No. 57 of 2002.
1.1.6 That, subject to .5 above, Council recommends to the KwaZulu-Natal Provincial
Cabinet for the declaration of a National Disaster within the eThekwini Municipal
area, in line with the provisions of Section 55 of the Disaster Management
Act 57 of 2002.
1.1.7 That authority be granted to the City Manager to develop programs that respond to
both the National and Provincial determined programs.
1.1.8 That authority be granted to the Deputy City Manager: Finance to identify
emergency funding for the emergency relief and rehabilitation as indicated in .2, .3,
.4, .5, and .6 above, and to re-prioritise Urban Settlement Development Grant
(USDG) funding in order to fund human settlements projects that require
USDG funding.
NOTED.
__________
(Her Worship the Mayor, Councillor ZRT Gumede, presented the Third Report
of the Executive Committee)
__________
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THIRD REPORT OF THE EXECUTIVE COMMITTEE (Special Meeting held 2019-04-29)
PRESENT : Executive Committee Members F Peer (Deputy Mayor – In the Chair),
HU de Boer, BA Fortein, NL Graham, SA Kaunda, MM Mthembu,
TM Mthethwa, MS Nkosi and ZR Sokhabase.
ABSENT : Executive Committee Member ZRT Gumede (Mayor and Chairperson –
Municipal Business Leave)
_____________
1. REPORT OF THE COMMUNITY SERVICES COMMITTEE: MEETING HELD
ON 2019-04-11
(Page R1)
1.1 Call for Applications for Sundry Grant-In-Aid: 2019/20 (7/14/1):
(Page 49: Community Services Committee - Agenda 2019-04-11)
COMMITTEE RECOMMENDS:
That Council notes that the Head: Community Participation and Action Support
is in the process of advertising to invite applications from Non-Profit Organisations
to be considered to be allocated Sundry Grant-In-Aid for the 2019/20 financial year,
to support organisations aimed at addressing socio-economic issues within
the eThekwini Municipal area, with the advert to be open from 01 May to 01 July
2019, as per the advert and application form contained in the report by the
City Manager dated 2019-03-29 and to be advertised in local newspapers and in the
Municipal website.
ADOPTED.
1.2 Allocation of Grant-In-Aid: Parks, Recreation and Culture Unit (7/14/1/1):
(Page 61: Community Services Committee - Agenda 2019-04-11)
COMMITTEE RECOMMENDS:
1.2.1 That in accordance with Section 67 of the Municipal Finance Management Act,
certain requirements must be met before transferring funds of the Municipality to
organisations and bodies outside any sphere of government, therefore, in this regard,
subject to a Memorandum of Agreement between eThekwini Municipality and each
Art Centre being concluded, authority be granted to the Parks, Recreation and
Culture Unit to allocate grants to the following Art organisations:-
1.2.1.1 Wushwini Pan African Centre be allocated a grant of R1 250 000.00 (One Million
Two Hundred and Fifty Thousand Rand) for the 2019/2020 financial year.
1.2.1.2 The Play House be allocated a grant of R2 000 000.00 (Two Million Rand) for the
2019/2020 financial year.
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1.2.1.3 Siwela Sonke Dance Company be allocated a grant of R1 250 000.00 (One Million
Two Hundred and Fifty Thousand Rand) for the 2019/2020 financial year.
1.2.1.4 Wentworth Arts and Culture Organisation be allocated a grant of R500 000.00
(Five Hundred Thousand Rand) for the 2019/2020 financial year.
1.2.1.5 The KwaZulu-Natal Society of The Arts be allocated a grant of R1 000 000.00
(One Million Rand) for the 2019/2020 financial year.
1.2.1.6 Simphiwe Shembe Foundation be allocated a grant of R500 000.00 (Five Hundred
Thousand Rand) for the 2019/2020 financial year.
1.2.1.7 African Art Centre be allocated a grant of R1 000 000.00 (One Million Rand) for the
2019/2020 financial year.
1.2.1.8 Nelisa Mzimela Foundation be allocated a grant of R500 000.00 (Five Hundred
Thousand Rand) for the 2019/2020 financial year.
1.2.1.9 Zizezande Youth Organisation be allocated a grant of R250 000.00 (Two Hundred
and Fifty Thousand Rand) for the 2019/2020 financial year.
1.2.1.10 Durban Black Drifters be allocated a grant of R500 000.00 (Five Hundred Thousand
Rand) for the 2019/2020 financial year.
1.2.1.11 The KwaZulu-Natal Heritage Foundation be allocated a grant of R250 000.00
(Two Hundred and Fifty Thousand Rand) for the 2019/2020 financial year.
1.2.1.12 The KwaZulu-Natal United Music Industry Association be allocated a grant of
R1 750 000.00 (One Million Seven Hundred and Fifty Thousand Rand) for the
2019/2020 financial year.
1.2.1.13 K-CAP be allocated a grant of R1 000 000.00 (One Million Rand) for the 2019/2020
financial year.
1.2.1.14 Bat Centre be allocated a grant of R1 000 000.00 (One Million Rand) for the
2019/2020 financial year.
1.2.1.15 Durban Music School be allocated a grant of R1 000 000.00 (One Million Rand)
for the 2019/2020 financial year.
1.2.1.16 LEBU Discovery Productions NPC be allocated a grant of R250 000.00 (Two
Hundred and Fifty Thousand Rand) for the 2019/2020 financial year.
1.2.1.17 Centre for Creative Arts be allocated a grant of R2 000 000.00 (Two Million Rand)
for the 2019/2020 financial year.
1.2.2 That in the interim, subject to the approval of 1.2.1.1 to 1.2.1.17 above, authority be
granted to the City Manager to enter into a Memorandum of Agreement with the
organisations be allocated grant funding, for a period of one (1) year, covering all
aspects as required in terms of Section 67 of the Municipal Finance Management
Act, 2003 (Act No. 56 of 2003).
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1.2.3 That, thereafter, a call for funding proposals be made no later than 2019-12-13 for all
interested organisations to apply for a three (3) year grants during which Parks,
Recreation and Culture Unit will undertake public consultations with interested
organisations.
Financial Implications
Budget Provision : R16,000 000.00 (for 2019/2020 financial year)
Vote No. 15503 Various
FC No.: 34/349
ADOPTED.
1.3 2019 Verge Competition (31/4/1):
(Page 71: Community Services Committee - Agenda 2019-04-11)
Committee noted that there was an amount of R500 000 00 (Five Hundred Thousand
Rand) that the City won in the City Arbor Awards and kept in the Arbour Winning
Budget. It was therefore advised that the City will not incur any costs for the Verge
Competition since the Arbour Winnings budget of R500 000 00 (Five Hundred
Thousand Rand) be used to fund the competition. Furthermore, it was mentioned that
competition will be hosted in December 2019.
Accordingly,
COMMITTEE RECOMMENDS:
1.3.1 That authority be granted for the Head: Parks, Recreation and Culture to administer
overall implementation of the 2019 Verge Competition and ensure that procurement
process is followed in this regard.
1.3.2 That authority be granted for the Head: Parks, Recreation and Culture to utilise an
amount of R450 000.00 (Four Hundred and Fifty Thousand Rand) from the Arbour
Winnings for the 2019 Verge Competition and follow the Supply Chain Management
Policy for the logistical requirements.
Financial Implications
Arbour Winnings budget provision-R500 000.00
FC No. 59/971
ADOPTED.
1.4 Liberation Heritage Route Project – Celebrating 25 Years of Democracy (2/3/2/1/2):
(Page 75: Community Services Committee - Agenda 2019-04-11)
The City of eThekwini is celebrating twenty five (25) years of democracy through
Liberation Heritage Route Project. The celebration will include performing arts in
commemoration of the liberation struggle. During discussion at the Community
Services Committee it was agreed that a consultation process would be undertaken
across political parties to ensure an all-inclusive celebration in terms of political
leaders who were involved in the liberation struggle. The exact date of the
celebration would be confirmed after the consultation stage.
Members of the Democratic Alliance registered their concerns with the content of the
report citing that it is politically-biased to the ruling party. As such, they voted
against the matter.
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Members of the Inkatha Freedom Party supported the matter provided consultation
is conducted and the involvement of leaders of other political parties who were also
part of the struggle. With the majority being in support and understanding that
further engagements will be held in preparation for the celebration the matter
approved at Support Committee level.
During deliberations at EXCO, Members of the Democratic Alliance reiterated their
concerns that the report is solely focused on elevating the ruling party. As such, they
voted against the matter, pointing out that the Municipal funds could not be utilised
to fund what is regarded a politically-related activity.
A member of the Inkatha Freedom Party made reference to a pivotal role played by
the IFP President as well as other leaders in the liberation struggle. However, that he
and other leaders are often overlooked when it comes to recognition. Further,
that although commitments are made to consult other parties, but in practice this
never happen. As such, the IFP voted against the matter.
Members of the African National Congress confirmed that the process would
be transparent as per the recommendation indicating that consultation will be
undertaken. They were of the view that issues could only be raised when there is
evidence that the Department has failed to implement the recommendation
as outlined.
With the DA (03); IFP (01) voting against and; the ANC (05), voting in support,
COMMITTEE RECOMMENDS:
1.4.1 That authority be granted to the Head: Parks, Recreation and Culture to incur
expenditure in the amount of R960 000.00 (Nine Hundred and Sixty Thousand Rand)
to support the Liberation Heritage Route Project: Celebrating 25 years of democracy
on the date and venue still to be confirmed.
1.4.2 That consultation and invitation to involve other political parties be made by the
Parks, Recreation and Culture Unit.
Financial Implications
Vote No. 15522 Various
FC No. 34/333
During discussion of this item some Councillors were not in support of the
recommendations of the Executive Committee, contending that such
recommendations would be solely to the benefit of the ruling Party, also citing
the utilisation of Municipal funds thereto as being inappropriate.
Furthermore, the issue of consultation on this matter with Leaders of other
Political Parties, especially the Leader of the IFP was highlighted, with special
reference to his role in the liberation struggle.
At this juncture Councillor MS Nkosi of the IFP indicated that he had heard a
derogatory comment from a Councillor of the ANC about the Leader of the
IFP. In that regard he appealed to the Speaker to request for such comment to
be withdrawn. The Speaker advised that he had not heard the comment and
therefore could not request a withdrawal thereof. Having said that,
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he apologised to Councillor Nkosi and thereafter requested that the meeting
proceed. Councillor Nkosi was adamant that the derogatory comment had been
made and reiterated his request for a withdrawal of that comment.
He proceeded to approach the front table of the Speaker demanding equal
treatment on matters of this nature.
A vigorous discussion thereafter ensued with Councillor Nkosi insisting that the
comment be withdrawn and with an interjection from many Councillors who
wished to speak on the matter. As no progress had been made in that regard,
Her Worship the Mayor, Councillor ZRT Gumede and the Chief Whip,
Councillor NN Nyanisa exercised responsible leadership and apologised
unconditionally to Councillor Nkosi. Councillor Nkosi however was unyielding
in his request for the comment to be withdrawn, by a specific Councillor who
uttered it.
With no amicable resolution being reached 10 Members of the IFP left and
abandoned the meeting.
The matter was thereafter put to the vote. With 164 Councillors present
110 Councillors (ANC – 105, IND – 3, AIC – 1 and DLC – 1) voted in favour
and 8 Councillors (EFF – 7 and MF – 1) voted against. There were no
abstentions recorded. However, it is recorded that 46 DA Councillors did not
vote on the above-said recommendations.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
(At this juncture the DA requested a 10 minute caucus which was granted.
On their return the DA expressed concern on the manner in which this item had
been addressed and the poor treatment of the IFP. They contended that the
Speaker had shown bias towards the ANC and had not permitted Councillors
from the DA and the EFF to speak thereon. With the Speaker not allowing any
further Councillors to speak on the matter as consideration of the item had been
concluded, 46 Councillors of the DA, followed by 7 Councillors of the EFF left
and abandoned the meeting. With 111 Councillors (ANC – 105, IND – 3,
AIC - 1, MF – 1 and DLC – 1) being present it was noted that this Council
meeting was quorate).
1.5 Request for Adjusted Budget for Articulate Africa Programme 2018/2019 (34/3/1):
(Page L38: Community Services Committee - Agenda 2019-04-11)
The Democratic Alliance submitted that there were various other matters that were
part of the Articulate Africa Programme in addition to hosting events. A request was
therefore made to receive update report on implementation of those matters.
On this basis,
COMMITTEE RECOMMENDS:
1.5.1 That approval be granted to allow the addition of R5 029 332.50 (Five Million and
Twenty Nine Thousand Three Hundred and Thirty Two Rand and Fifty Cents) from
Provincial Subsidy and UNESCO funding in order to fully fund the Articulate Africa
Programme, taking into account as well .2 below.
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1.5.2 That the approval of .1 above takes into account expenses which were previously
covered by centralised Essence Votes and the expansion of the project to include
additional creative sectors identified by the City’s Participation in the UNESCO
Creative Cities Network emanating from its recent designation as a UNESCO
City of Literature.
1.5.3 That subject to .1 & .2 above, approval be granted for the total budget of Articulate
Africa to be increased to R9,797 912.56 (Nine Million Seven Hundred and Ninety
Seven Nine Hundred and Twelve Rand and Fifty Six Cents).
1.5.4 That the change of date for Articulate Africa from September 2018 to
10-13 April 2019, be noted.
Financial Implications
Vote No. 26003 Various
FC No. 32/215
ADOPTED.
2. REPORT OF THE SECURITY AND EMERGENCY SERVICES COMMITTEE;
MEEETING HELD ON 2019-04-17
(Page R5)
2.1 Report on Loaned Gym Equipment to Amanzimtoti Fire Station By a Private Citizen
(8/1/2):
(Page 47: Security and Emergency Services Committee - Agenda 2019-04-17)
The erstwhile Amanzimtoti Fire and Emergency Services Department had previously
received various items of gym equipment from Mr J Cilliers in 1995. The assets were
received as a loan with a condition that Mr Cilliers was entitled to repossess
them in future.
In February 2018, Mr Cilliers notified the Amanzimtoti’s Fire and Emergency
Services Department of his intention to claim back the gym equipment. It has been
ascertained that the gym equipment was kept and used by the Firefighters
for over 20 years and that few items had been decommissioned and disposed of
during this period.
In the circumstances,
COMMITTEE RECOMMENDS:
2.1.1 That authority be granted to the Head: Fire and Emergency Services Department
to return the assets loaned from Mr J Cilliers as per the agreement entered into by the
erstwhile Borough of Amanzimtoti, it being recorded that the normal Council
procurement processes shall be followed to procure replacement gym equipment.
2.1.2 That subject to the approval of .1 above, authority be granted to the Head: Legal and
Compliance Services to terminate the agreement entered into by the erstwhile
Borough of Amanzimtoti and Mr. J Cilliers.
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2.1.3 That authority be granted to the Deputy City Manager: Finance for the removal
of the equipment to the value of R369 368.80 (Three Hundred and Sixty Nine
Thousand Three Hundred and Sixty Eight Rand and Eighty Cents) from the current
asset register, it being noted that some items listed at the initiation of the loan have
been decommissioned and disposed of during the loan period.
ADOPTED.
2.2 Establishment of Ward Safety Committees:
(Page 90: Security and Emergency Services Committee - Agenda 2019-04-17)
Based on the existing Ward Committee structures informed by Section 73
of the Municipal Structures Act 117 of 1998, in September 2018, the Safer Cities
Unit embarked on the process to establish Ward Safety Committees. They are
Sub-Committees to Ward Committees and are founded on principles of National
Crime Prevention Strategy which are community based and created to support crime
prevention initiatives. The recently established Ward Safety Committees have
undergone initial capacity building conducted by the Safer Cities Unit.
Accordingly,
COMMITTEE RECOMMENDS:
That Council notes progress in terms of the establishment and initial training of Ward
Safety Committees as well as their participation in the launch of the eThekwini
Municipal-wide Community Safety Forum scheduled for 2019-04-23, which seeks to
co-ordinate safety programmes and projects.
NOTED.
2.3 Illegal Encroachment into Pipeline Servitudes (29/1/2/5):
(Page 105: Security and Emergency Services Committee - Agenda 2019-04-17)
An urgent need exists to relocate communities who had erected informal settlements
within and in the immediate vicinity of flammable gas and petroleum pipeline
servitudes in an effort to prevent loss of life should an accident occur involving the
pipeline. Formal complaint has been received from Sasol and Transnet regarding
illegal construction of unauthorized structures (informal structures) encroaching on
pressure methane rich gas pipeline in various areas like Clairwood and Cato Manor.
This matter has connotation of land invasion and therefore the Land Invasion Unit
would be involved.
This situation poses risk of litigation should any accident involving pipeline occurs,
therefore, certain interventions or remedial actions such as public awareness
meetings had been convened by all parties involved.
During deliberations at the Executive Committee level, the recommendations were
amended with a view to identifying all communities residing in the vicinity of
flammable pipeline for relocation purposes.
Accordingly,
COMMITTEE RECOMMENDS:
2.3.1 That in a bid to avert illegal encroachment into pipeline servitude and subject to
confirmation of ownership of the land affected, the communities residing in and in
the vicinity of flammable pipeline be relocated and their structures be demolished.
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2.3.2 That an assessment be undertaken of all informal settlements located in dangerous
areas including rivers and flood plains and all communities be relocated with
immediate effect.
2.3.3 That the location of such settlements in dangerous areas be prohibited in future.
MOTION TO AMEND
In terms of Rule of Order Bylaw 20(4), Councillor MM Mthembu, seconded by
Councillor BA Fortein, moved as a procedural motion that the above
recommendations of the Executive Committee be amended in 2.3.2 thereof, by
the deletion of the words “all communities be relocated with immediate effect”
and by the substitution therefor of the words “and a report be submitted to the
Human Settlements and Infrastructure Committee”, to read as follows:
“2.3.2 That an assessment be undertaken of all informal settlements located
in dangerous areas including rivers and flood plains and a report be
submitted to the Human Settlements and Infrastructure Committee.”
CARRIED
The above-mentioned Motion to Amend was unanimously CARRIED.
Whereafter, it was
RESOLVED:
2.3.1 That in a bid to avert illegal encroachment into pipeline servitude and subject to
confirmation of ownership of the land affected, the communities residing in and
in the vicinity of flammable pipeline be relocated and their structures be
demolished.
2.3.2 That an assessment be undertaken of all informal settlements located in
dangerous areas including rivers and flood plains and a report be submitted to
the Human Settlements and Infrastructure Committee.
2.3.3 That the location of such settlements in dangerous areas be prohibited in future.
3. REVISED REMUNERATION FRAMEWORK FOR MEMBERS OF OVERSIGHT
ASSURANCE COMMITTEES OF ETHEKWINI MUNICIPALITY (4/5/1/1)
(Page 39)
COMMITTEE RECOMMENDS:
3.1 That Council approves the revised Remuneration Framework for Members
of Oversight Assurance Committees of eThekwini Municipality, which represents
an annual inflation adjustment of 6%, which will be implemented as per the
breakdown of oversight functions and categories contained in the report by the City
Manager dated 2019-04-09, and, payable for the duration of the term of office in the
case of the Audit Committee.
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3.2 That, subject to .1 above, and given that the remuneration rates were last reviewed
in 2016, Council approves retrospective payment of 6% to the Audit Committee
Members for the past two financial years, 2016/17 and 2017/18.
ADOPTED.
4. NOTING OF RULE OF ORDER 28: FILLING OF VACANT BOARD MEMBERS’
POSTS AT INKOSI ALBERT LUTHULI INTERNATIONAL CONVENTION
CENTRE 4/3/2)
(Page 52)
The Inkosi Albert Luthuli International Convention Centre has three (03) vacant
positions of Board Members. The term of office of two (02) Board Members,
namely, Mr Mike Jackson and Mr Zwile Zulu has expired on 30 September 2018.
The necessary recruitment and selection process has been followed to fill the
positions. While in the middle of this process, another Board Member, namely,
Mr Sifiso Msomi, resigned effective 30 September 2018 thus making vacant
positions to be three (03).
As such, authority is being sought to fill three (03) positions of Board Members as
per the candidates recommended who are in possessions of requisites skills;
qualifications; experience and expertise. The due process for the appointment of
Board of Directors of Municipal Entities was followed.
However, in view of the Council meeting scheduled for 2019-04-30 not convening,
Her Worship the Mayor, Councillor ZRT Gumede approved the recommendations in
respect hereof, in terms of Rule of Order 28(1)(a).
Accordingly,
COMMITTEE RECOMMENDS:
4.1 That in view of the Council meeting scheduled for 2019-04-30 not convening, the
action of Her Worship the Mayor, Councillor ZRT Gumede, in approving as a matter
of urgency in terms of Rule of Order Bylaw 28(1)(a) the following recommendations
in respect of the above-mentioned matter, be noted:
4.1.1 That Council notes the expiry of the term of office of the Inkosi Albert Luthuli
International Convention Centre (ICC) Board Members, namely, Messrs Mike
Jackson and Zwile Zulu with effect from 30 September 2018.
4.1.2 That Council notes the resignation of the ICC Board Member, Mr Sifiso Zulu,
effective 30 September 2018.
4.1.3 That subject to .1 and .2 above, Council approves the filling of the positions of three
(03) vacant positions of Board Members with the following candidates which have
met the ICC Board appointment criteria:
No. Candidate Profile
1. Professor Bonke Dumisa Former CEO of Durban Chamber of Commerce and Economic
Analyst
Currently Chairperson of KZN Provincial Planning Commission
Holds various degrees and has a combination of business and law
expertise
Has adjudicated in various institutions such as National consumer
Tribunal and Broadcasting Complains Commission of SA
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No. Candidate Profile
2. Mrs Linda Rose-Ann Ngcobo Managing Director in Aqrate KZN, a BEE Rating Agent
Extensive Board experience having served in public and private
sector institutions
A qualified Chartered Accountant
Appointed first female Vice President at the Durban Chamber of
Commerce
3. Mr Moses Tembe Seasoned Entrepreneur
Former President of Chamber of Commerce
Currently Co-Chair KZN Growth Coalition
Non-Executive Chair of Ubuhle OCS Cleaning Services (Pty) Ltd
Holds BA in Public Administration and Political Science
Completed the Caltex Business Management Programme with the
University of Cape Town
Plays a pivotal role in advancing regional economy
4.1.4 That the term of office for the new three (03 Board members referred to in .3 above
commences on 01 May 2019 and expires on 30 April 2021.
NOTED.
5. UPDATE REPORT ON 2019 TOURISM INDABA, 02-04 MAY (20/1/4/3)
(Page 56)
It will be recalled that the City of eThekwini together with its Bid Parties
won a bid to host Tourism Indaba in Durban for a five (05) year period with effect
from 2018 to 2022. This is the largest tourism event in the African Continent where
tourism products are showcased. The event also attracts a number of international
buyers and media thus positioning the City as the destination of choice worldwide.
The 2019 event is scheduled to take place from 02 to 04 May. The City is ready to
welcome the world and the official opening would be made by the State President
accompanied by the National Minister of Tourism. A variety of other events
will be held as part of Tourism Indaba.
COMMITTEE RECOMMENDS:
5.1 That Council notes that the 2019 Tourism Indaba is scheduled to take place from
02 to 04 May at Inkosi Albert Luthuli International Convention Centre and
Durban Exhibition Centre.
5.2 That Council notes activities to be held as part of Tourism Indaba, in particular, the
temporarily installation of sculptures of two global icons, Dr. Nelson Mandela and
Inkosi Albert Luthuli for marketing purposes in line with celebrating 25 years of
Democracy to showcase Durban’s Culture and Heritage as a tourism experience.
5.3 That Council notes strategic platforms have been created for the City leadership
to participate at Tourism Indaba to promote the City of eThekwini.
NOTED.
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6. QUARTERLY REPORT ON WITHDRAWALS FROM MUNICIPAL BANK
ACCOUNT IN TERMS OF THE MUNICIPAL FINANCE MANAGEMENT ACT
(7/13/R&11/1/2)
(Page 64)
COMMITTEE RECOMMENDS:
That the quarterly report on withdrawals from the Municipal bank account
as at 31 March 2019 submitted in terms of Section 11(4) of the Municipal Finance
Management Act, be noted, it being recorded that the withdrawals were in terms of
the following subsections:
● Section 11(f): To refund money incorrectly paid into a bank account
● Section 11(g): To refund guarantees, sureties and security deposits
● Section 11(h): Investment of money not immediately required
NOTED.
7. REPORT ON INVESTMENTS FOR THE PERIOD 28 FEBRUARY TO
31 MARCH 2019 (7/11/4)
(Page 66)
COMMITTEE RECOMMENDS:
That the report on investments for the eThekwini Municipality as at 2019-03-31,
which records the total funds invested at financial institutions as R7 979 Million
Rand, at an average rate of return on investments of 7.99%, as submitted by the City
Manager in line with the requirements of the Municipal Cash Management and
Investment Regulations of the Municipal Finance Management Act, 2003, be noted.
NOTED.
8. REPORT ON AWARDS BY THE CITY FOR THE MONTH OF MARCH 2019
(9/1/3)
(Page 72)
COMMITTEE RECOMMENDS:
8.1 That the public tender awards by the City for the month of March 2019, inclusive
of awards made in terms of Section 36 of the Supply Chain Management
Regulations, as contained in the report by the City Manager dated 2019-04-18,
be noted.
8.2 That it be noted that where the information is available for wards and registration
numbers, it is included in the report, as information used to compile the report is
taken from submissions made by Units.
8.3 That the City Manager reserves the right to investigate the awards with a view to
taking disciplinary, criminal and recovery actions where wilful and negligent
violation of the Supply Chain Management Policies and the Municipal Finance
Management Act provisions are observed.
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8.4 That the City Manager shall table a report to the Committee relative to the
disciplinary, criminal and recovery actions taken, it being recorded that the
City Manager can only respond when the reports are available.
Recommendations 8.1 and 8.2 NOTED and Recommendations 8.3 and
8.4 ADOPTED.
9. BUDGET STATEMENT REPORT FOR THE QUARTER ENDING 2019-03-31
(7/1/4)
(Page 96)
The City Manager was requested to look into the issue of performance information
where achievements of predetermined targets appeared to be lower that the
projection. This was considered concerning given the imminence of the end of the
financial year.
On this basis,
COMMITTEE RECOMMENDS:
That Council notes the Budget Statement Report for the Month ended 31 March 2019
and submitted in compliance with Section 52 (d) of the Municipal Finance
Management Act and Regulations under this Act.
NOTED.
10. REPORT ON THE SERVICE DELIVERY AND BUDGET IMPLEMENTATION
PLAN (SDBIP) FOR QUARTER ENDING 31 MARCH 2019 (2/10/1/1/9)
(Page 247)
COMMITTEE RECOMMENDS:
10.1 That in terms of the Municipal Finance Management Act, Circular No. 13,
the Service Delivery and Budget Implementation Plan for the quarter ended
31 March 2019, which reflects the overall unaudited achievement rate of 76.86% for
eThekwini Municipality; 94.12% for Inkosi Albert International Convention Centre;
and 100% for Durban Marine Them Park., be noted.
10.2 That Council notes the unaudited achievement rate in terms of projects and
sub-projects as at 31 March 2019 is 87.57% for eThekwini Municipality; 93.75% for
Inkosi Albert Luthuli International Convention Centre; and 100% for Durban Marine
Theme Park.
NOTED.
__________
(Her Worship the Mayor, Councillor ZRT Gumede, presented the
Fourth Report of the Executive Committee).
__________
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FOURTH REPORT OF THE EXECUTIVE COMMITTEE (Meeting held 2019-05-21)
PRESENT : Executive Committee Members F Peer (Deputy Mayor – Acting Chairperson),
BA Fortein, NL Graham, SA Kaunda, MM Mthembu, TM Mthethwa,
MS Nkosi and ZR Sokhabase and there being one vacancy.
ABSENT : Executive Committee Member ZRT Gumede (Mayor and Chairperson)
(On Leave).
_____________
1. PROGRESS REPORT ON THE ESTABLISHMENT OF ETHEKWINI
MUNICIPALITY DOMESTIC MEDIUM-TERM NOTE PROGRAMME (7/3/1/1/2)
(Page 19)
It will be recalled that Council has previously approved the establishment of the
eThekwini Municipality’s Domestic Medium-Term Note (DMTN) Programme
totalling R10 Billion to be issued over the next ten years. In receiving progress
report, clarity has been provided with regard to oversight in terms of borrowings and
the Domestic Medium Term Note programme being listed on the Johannesburg
Stock Exchange and the benefits being derived therefrom,
COMMITTEE RECOMMENDS:
1.1 That progress and overview of the establishment of the eThekwini Municipality
Domestic Medium-Term Note (DMTN) Programme totaling R10 Billion, as
indicated in the report of the City Manager dated 2019-05-13, be noted, and the key
salient features include the following:
1.1.1 DMTN serves as an alternative borrowing source where the Municipality will issue
to potential investors a wide range of debt instruments on a short to long-term period
with a desired maturity date and earn interest to supplement funds for its service
delivery obligations.
1.1.2 The Municipality has procured the services of a Lead Arranger to facilitate
the Johannesburg Stock Exchange (JSE) formalities on behalf of the Municipality
and give access to a pool of credible investor base.
1.1.3 The Municipality will procure the services of external Legal Advisors to vet the
JSE registration documents.
1.1.4 The Municipality will require the service of external auditors to verify financial
matters contained in the DMTN Programme documentation and auditing the work of
the Lead Arranger.
NOTED.
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2. ADDENDUM REPORT ON PUBLIC TENDER AWARDS MADE BY THE CITY
FOR THE MONTH OF FEBRUARY 2019 (9/1/3)
(Page 24)
The eThekwini Municipal Council at its meeting held on 30 March 2019 considered
and noted a report on tenders awarded by the Municipality during the month of
February 2019. It has since become necessary to submit an addendum report to make
corrections in respect of two (02) contracts) relating to the supply, installation,
testing and commission of CCTV electronic security equipment for a period of 36
months (Annexure A of Addendum report); and the accumulative figures of contracts
that were awarded in the current financial year (Annexure C of Addendum report),
contained in the Report by the City Manager dated 2019-04-29.
With respect to the security equipment tender, clarity is given that the differences
in the total value of tenders reported in three categories is that the contract amount
of EOH Security and Building Technologies (Pty) Limited is not calculated in any of
the reported target groups because the company is not claiming BEE points and it is a
Cape Town-based.
With regard to Annexure C, the addendum report now contains the correct figures
of contracts awarded in the current financial year and accumulating in terms
of contracts awarded and contract values from July 2018 to June 2019.
In the circumstances,
COMMITTEE RECOMMENDS:
That Council notes the two (02) corrections made to the report on Public Tender
Awards for February 2019, as indicated in Annexures A and C of the addendum
report of the City Manager dated 2019-04-29, it being recorded that such corrections
relate to the contract for the supply, installation, testing and commission of CCTV
electronic security equipment for a period of 36 months and the accumulative figures
of contracts that were awarded in the current financial year.
NOTED.
3. REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF APRIL
2019 (9/1/4)
(Page 28)
Reference was made to CCTV infrastructure installed within the City to monitor
crime and traffic but which is not operational. Reservations were therefore expressed
on additional tender awards under these circumstances. It was then requested that
a presentation on CCTV infrastructure within the City be made to the Executive
Committee to make necessary assessment.
However,
COMMITTEE RECOMMENDS:
3.1 That the Public Tender Awards made by the City for the month of April 2019,
inclusive of awards made in terms of Section 36 of the Supply Chain Management
Regulations, as contained in the report of the City Manager, be noted.
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3.2 That it be noted that where information is available for wards and registration
numbers, it is included in the report, as information used to compile the report is
taken from submissions made by Units.
3.3 That the City Manager reserves the right to investigate the awards with a view to
taking disciplinary, criminal and recovery actions where wilful and negligent
violation of the Supply Chain Management Policies and the Municipal Finance
Management Act provisions are observed.
3.4 That the City Manager shall table a report to the Committee relative to the
disciplinary, criminal and recovery actions taken, it being recorded that the
City Manager can only respond when the reports are available.
Recommendations 3.1 and 3.2 NOTED and Recommendations 3.3 and
3.4 ADOPTED.
4. FUNERAL ASSISTANCE IN LINE WITH THE CIVIC FUNERAL POLICY
GUIDELINES: THE LATE FORMER ETHEKWINI MUNICIPALITY’S
COUNCILLOR AND CHIEF WHIP: STANLEY ZAMOKWAKHE XULU (13/6)
(Page L5)
The former Councillor and Chief Whip of eThekwini Municipal Council,
Stanley Zamokwakhe Xulu, had been called to rest on 2019-05-17. It was noted he
had served as a Ward Councillor for more than eleven (11) years and had been
appointed as Chief Whip for the Council term 2011 to 2016. During that period he
made certain that Council had exercised a strong oversight role to ensure speedy and
effective service delivery. He was accredited for ensuring the participation of local
communities in service delivery initiatives and this enabled a prosperous future for
generations to come.
The Executive Committee Members Graham and Mthethwa of the Democratic
Alliance abstained and requested a breakdown to categorise items to be covered by
the amount of R200 000.00 (Two hundred Thousand Rand) being recommended for
funeral costs.
With the majority of the members being in support,
COMMITTEE RECOMMENDS:
That in line with the provision of the Municipality’s Civic Funeral Policy, Council
approves the allocation of an amount of R200 000.00 (Two Hundred Thousand
Rand) to contribute towards the funeral costs of the late eThekwini Municipality’s
Former Councillor and Chief Whip, Stanley Zamokwakhe Xulu.
Vote Number Estimated Cost
32601.19110.10.12120.0000.MRC01.0010 R200 000.00
ADOPTED.
____________________
(Her Worship the Mayor, Councillor ZRT Gumede, presented the Fifth Report
of the Executive Committee).
___________
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FIFTH REPORT OF THE EXECUTIVE COMMITTEE (Meeting held 2019-05-28)
PRESENT : Executive Committee Members ZRT Gumede (Mayor and Chairperson),
F Peer (Deputy Mayor), BA Fortein, NL Graham, SA Kaunda, MM Mthembu,
TM Mthethwa, MS Nkosi and there being one (01) vacancy.
1. REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING
COMMITTEE: MEETING HELD ON 2019-05-22
(Page R1)
1.1 Authority to Acquire Portions of Property from South African National Roads
Agency (17/2/1/1/2):
(Page 20: Economic Development and Planning Committee - Agenda 2019-05-22)
Authority is being sought to acquire from the South African National Roads Agency
(SANRAL), properties described as PTN 2 of ERF 165, PTN 2 of ERF 166, PTN 2
of ERF 167, PTN 2 of ERF168 and PTN 2 of ERF 169, all of Cato manor –
Registration Division FT, situated in the eThekwini Municipal area
of KwaZulu-Natal.
Tourism Development and Destination Promotion, Enterprise Development and
Access to Market, with more focus on Township and Rural Tourism, remain the
strategic focus area to promote economic growth and job creation. The acquisition
of the aforementioned properties will contribute toward achieving this aim by:
● Achieving economic transformation since the location of this property in the
township will benefit previously disadvantaged people and enable
the Municipality to realise the goals of Radical Economic Transformation.
● Promoting Township Tourism as enshrined in the Durban Tourism’s Visitor
Marketing Strategy to ensure total experience for visitors and all-inclusive
participation and benefits.
A total amount of R268 000.00 (Two Hundred and Sixty Eight Thousand Rand),
(excluding VAT), is estimated to be the cost of acquiring the property, provision
for which has not been made in this financial year. However, savings have been
identified from Project S3072, and the expenditure will be regularized
via the 2018/2019 Capital Adjustment Budget.
Members of the DA and the EFF abstained at the Economic Development
and Planning Committee level. The DA was of the view that the Municipality should
not purchase the land whilst it was still being occupied by tenants, which could pose
a problem for the Municipality in terms of evicting occupants.
In terms of the information shared at the Executive Committee, the property will be
purchased and owned by the Municipality. That various tourism offerings will be
considered as part of promoting township tourism in this area. A proper land use plan
was therefore requested to ensure various tourism-related business were
accommodated. The recommendations were thereafter amended for Council
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to delegate authority to the Head with no involvement in the Supply Chain
Management processes.
Accordingly,
COMMITTEE RECOMMENDS:
1.1.1 That authority be granted for the Head: Real Estate to facilitate the acquisition
of the property described as PTN 2 of Erf 165, PTN 2 of Erf 166, PTN 3 of Erf 167,
PTN 2 of Erf 168 and PTN 2 of Erf 169, all of Cator Manor – Registration Division
FT at an estimated amount of R268 000.00 (Two Hundred and Sixty Eight Thousand
Rand) (excluding VAT).
1.1.2 That subject to the adoption of .1 above and the approval of the Bid Adjudication
Committee, authority be granted to the Head: Real Estate to sign the relevant
agreements and all documents necessary to effect transfer / registration of the said
property to the eThekwini Municipality.
Financial Implications:
PORTION ERF EXTEND AMOUNT
2 165 Cator Manor – FT 1516m² R 50 000.00
2 166 Cator Manor – FT 3107m² R 25 000.00
3 167 Cato Manor – FT 2787m² R 85 000.00
2 168 Cator Manor – FT 1903m² R 80 000.00
2 169 Cator Manor - FT 2033m² R 28 000.00
R268 000.00
Vote Number: 26540.45595.12120. 0000. PC5100.0010; F.C No. 2019/32/CA03.
ADOPTED.
1.2 Partnership Platform for the Digital Industrial Revolution Programmes (20/1/6/1):
(Page 38: Economic Development and Planning Committee - Agenda 2019-05-22)
A need exists for the eThekwini Region to start preparing for the Fourth Industrial
Revolution (4IR). This relates to human development enabled by extraordinary
technological advances. The 4IR will bring significant changes in business life and
will dictate new skills requirements.
With eThekwini Municipality being mandated to promote economic and social
development within its area of jurisdiction, it is responsible for managing digital
transition linked to the 4IR. Hence, the Municipality through its Economic
Development Unit will collaborate with the University of KwaZulu-Natal (UKZN)
to run the KZN Centre for Radioastronomy Economic Advancement, Technology
and Entrepreneurship (KREATE).
The establishment of KREATE as the partnership platform to support the Digital
Industrial Revolution in order to achieve the desired outcomes of strong economic
growth; sustainable job creation, and poverty alleviation across industrial sectors
aligns with the economic development objectives of the Municipality.
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Having noted the importance of keeping up with technology and the
industrial revolution,
COMMITTEE RECOMMENDS:
1.2.1 That authority be granted for the support and funding of the KZN Centre for
Radioastronomy Economic Advancement, Technology and Entrepreneurship
(KREATE) as a collaboration platform to prepare local industrial sector for the
Fourth Industrial Revolution.
1.2.2 That subject to approval of item .1 above, authority be granted to the City Manager
to conclude a Memorandum of Agreement (MOA) with KREATE on registration as
the Non Profit Company to give effect to the above.
1.2.3 That subject to the approval of .1 and .2 above and in terms of Section 67 of the
MFMA and in accordance with the Memorandum of Agreement, authority be
granted to the Head: Economic Development and Investment Promotion to disburse
funds to KREATE (non-profit entity) amounting to R2 732 600.00 (Two Million
Seven Hundred and Thirty Two Thousand Six Hundred Rand), (Excl. VAT) for the
2019/2020 financial period; R2 872 800.00 (Two Million Eight Hundred and
Seventy Two Thousand Eight Hundred Rand), (Excl. VAT) for the 2020/21 financial
period; and R3 000 000.00 (Three Million Rand), (Excl. VAT) for the 2021/2022
financial period.
1.2.4 That the Head: Economic Development and Investment Promotion reports to Council
progress on this initiative on an annual basis and also presents the Annual Business
Plan for noting.
Note No. Proposed Expenditure Financial Year
26102.25030.17.12120.0000.MRCO1.0010 R2 732 600.00 (excluding VAT) 2019/20
26102.25030.17.12120.0000.MRCO1.0010 R2 872 800.00 (excluding VAT) 2020/21
26102.25030.17.12120.0000.MRCO1.0010 R3 000 000.00 (excluding VAT) 2021/22
FC No.: 2020/18/01
ADOPTED.
1.3 Status Report: Proposed Amendment Along the C3 Corridor: Mis-Matches in the
Adopted Land Use Strategy and the Planning Schemes (Central/Inner
West/Outer West) (21/4/1):
(Page 109: Economic Development and Planning Committee - Agenda 2019-05-22)
Committee was advised that the aforementioned matter was tabled before it in 2018,
when authority was sought for the public participation process to commence.
The primary purpose of the prosed amendment was to address transit orientated
anomalies in the Schemes.
It was noted that the public participation process had subsequently taken place, and
no objections to the Proposed Amendment along the C3 Corridor, relative
to Mismatches in the Adopted Land Use Strategy and the Planning Schemes
(Central/Inner West/Outer West) were raised.
Having noted the concerns related to the delay in completion of the
“GO DURBAN” project,
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COMMITTEE RECOMMENDS:
That in terms of Section 18, Chapter 6 of the Planning Bylaw, the following Schemes
be amended and ADOPTED:
A. The Durban Planning Scheme be amended as follows:
● To Amend Appendix 1 by inserting Zone 43 IPTN Zones, to add new
Clause 35 and to insert the new Appendix 11 into the Durban Scheme
as per annexure B.
● The incorporation of Plan No. LU_STRAT_NOV 2018 into the
Durban Planning Scheme.
B. The Inner West Planning Scheme be amended as follows:
● The Incorporation of Plan No. LU_STRAT_NOV 2018 into the Inner
West Planning Scheme.
● The incorporation of Annexure A into the Inner West Scheme.
C. The Outer West Planning Scheme be amended as follows:
● The incorporation of Plan No. LU_STRAT_NOV 2018 into the Outer
West Planning Scheme.
● The incorporation of Annexure C into the Outer West Scheme.
The above amendments are in the public interest and are in line with the vision and
the development goals of the City.
ADOPTED.
1.4 Proposed Amendments to Bridge City: Book End of the C3 Corridor (21/4/1):
(Page 178: Economic Development and Planning Committee - Agenda 2019-05-22)
Members of the Democratic Alliance abstained on the matter at the Economic
Development and Planning Committee as they were of the view that the minimum
parking lot requirements need to be reviewed with a view to increasing same.
The Democratic Alliance once again abstained at the Executive Committee level.
With the majority being in support,
COMMITTEE RECOMMENDS:
1.4.1 That in terms of Section 18, Chapter 6 of the Planning Bylaw, the Durban Planning
Schemes be amended as follows:
1.4.1.1 That Special Zone 44 be replaced in the Durban Planning Scheme with the new
Development Facilitation Tables for Bridge City as attached at Annexure A;
1.4.1.2 That the Durban Scheme Map be amended as per the map attached at Annexure B;
1.4.1.3 That Special Zone 44 only be applicable to Portions 486 and 506 of Erf 433 of the
Farm Melkhout Kraal No. 789; until the sites are rezoned further.
1.4.2 That the above amendments are in the public interest and are in line with the vision
and the development goals of the City.
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1.4.3 That the objection is dismissed as the proposal clearly excluded the sites which the
objection concerns itself with. Such sites were part of a High Court order and were
not part of this amendment.
ADOPTED.
1.5 Annual Review of the North, South, Inner West and Outer West Regional Land Use
Schemes (27/7/R):
(Page 219: Economic Development and Planning Committee - Agenda 2019-05-22)
COMMITTEE RECOMMENDS:
1.5.1 That in terms of Section 19 of the eThekwini Municipality: Planning and Land use
Management By-law 2016, and the Spatial Planning Land Use Management Act No.
13 of 2013; the Annual Review of the North, South, Inner West and Outer West
Regional Land use Schemes be adopted for the following reasons:
1.5.1.1 The review ensures compliance with the Spatial Planning Land Use Management Act
No.16 of 2013 in that it gives effect to the Development Principles, as described in
Chapter 2, Clause 7(a)(b)(c)(d) and (e; and Chapter 5, Land use Management, Clause
24 (1) of the Spatial Planning Land Use Management Act No.: 16 of 2013.
1.5.1.2 The reviewed Land Use Schemes are in alignment with the Spatial Development
Framework of the Municipality.
1.5.1.3 This review responds to the ever changing development pressures and trends within
the Municipality.
ADOPTED.
1.6 Permission to Advertise the Review of the Central Use Scheme (21/4/1):
(Page 247: Economic Development and Planning Committee - Agenda 2019-05-22)
Following brief elaboration on the report by the City Manager dated 2019-03-08
relative to the request for Permission to advertise the Review of the Central
Use Scheme, Committee was advised that this was the first time that the Durban
Scheme would be included in the annual review.
Having noted same,
COMMITTEE RECOMMENDS:
1.6.1 That the Land Use Management Branch proceeds to advertise the Review of the
Central Land Use Scheme of the eThekwini Municipality for public participation
in terms of Section 14(2) of the Planning and Land Use Management By-law, 2016.
1.6.2 That on conclusion of the public participation process, the Central Land Use Scheme
be further refined and submitted to Council for adoption.
ADOPTED.
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1.7 Application in Terms of Section 26(1) of the eThekwini Municipality Planning and
Land Use Management By-Law 2016 (Municipal Notice 114 of 2017) for the
Amendment of the Durban Scheme: Removal of Clause 6(42) (21/7/3):
(Page 287: Economic Development and Planning Committee - Agenda 2019-05-22)
Committee was advised that the proposed amendment of the Durban Scheme relates
to the removal of Clause 6(42) of the Scheme that states that “the development
of Portions 3 of (1) of Erf 113, Springfield, situated at 1/3 Alpine Road is subject
to a limitation on the coverage on the site, which may not exceed 30%.”
It was noted that removal of the aforementioned Clause from the Scheme is required
in order for the zoning of the site (Special Shopping – with a residential component)
to be brought in line with the Scheme controls i.e. General Shopping, which allows
for a coverage of 50%.
Having noted the foregoing,
COMMITTEE RECOMMENDS:
1.7.1 That in terms of Section 26(1) (b) of the eThekwini Municipality Planning and Land
Use Management By-Law 2016 (Municipal Notice 114 of 2017),
the application for the Amendment of the Durban Scheme by the deletion of Clause
6 (42), “The development off portion 3 of Erf 113 Springfield situated at 1/3 Alpine
Road is subject to a limitation on the coverage on the site, which may not exceed
30%” by removing of Clause 6 (42) be approved for the following reasons:
1.7.1.1 The proposal is in line with the eThekwini Municipality’s objective to promote
spatial efficiency by optimizing development in areas of greatest opportunity and
encourages efficient use of existing infrastructure and facilities
1.7.1.2 The proposal promotes a better mix of land uses within the Springfield precinct
and aligns to the Municipal Spatial development Plan which focuses on nodal
economic development, mixed-use developments. Accordingly, the proposed
amendment to the Durban Scheme by removing Clause 6 (42) will contribute
to ensuring that these mixed use development.
1.7.1.3 The General Shopping Zone permits Coverage of 50% and this will ensure that the
sites are in line with the zone upon the successful completion of the
rezoning application.
ADOPTED.
1.8 Review of the Telecommunication Infrastructure (Cellular Mast and Antennae)
Provisions in eThekwini Municipality Schemes (21/4/1):
(Page 293: Economic Development and Planning Committee - Agenda 2019-05-22)
Having noted that there was a need to convene a workshop to address
the issue of the erection of cellular masts on Council owned property as well
as private property and determining the implications thereof,
COMMITTEE RECOMMENDS:
1.8.1 That a workshop be convened for the Economic Development and Planning
Committee to unpack proposed changes to the current Development Standards as
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they relate to Telecommunication Infrastructure (Including cellular mast and
antennae) within the North, South, Inner West, Outer West, Durban and Westville
No.2-Resevoir Hills Land Use Scheme of the eThekwini Municipality.
1.8.2 That subsequent to the workshop alluded to in .1 above, authority be granted
to the Head: Development Planning, Environment & Management to advertise
this review for public participation in terms of Section 14 (2) of the Planning
and Land Use Management By-law, 2016;
1.8.3 That on conclusion of the public participation process, the final draft of the reviewed
Development Standards as they relate to Telecommunication Infrastructure
(Including cellular mast and antennae) within the North, South Inner West, Outer
West, Durban and Westville No.2-Reservoir Hills Land Use Schemes
of the eThekwini Municipality be submitted to Council for adoption.
ADOPTED.
1.9 Draft Student Accommodation Policy and Permission to Advertise the General
Scheme Amendments (21/4/1 & 21/7/P):
(Page 312: Economic Development and Planning Committee - Agenda 2019-05-22)
COMMITTEE RECOMMENDS:
1.9.1 That the draft Student Accommodation Policy including the two precinct areas,
be approved in principle;
1.9.2 That a workshop be convened with Members of the of the Economic Development
and Planning Committee to consider the draft Student Accommodation Policy in
detail, including recommended Scheme amendments to operationalize the Policy,
and make necessary input;
1.9.3 That subsequent to the workshop, the proposed amendments to the Inner West,
Durban and Reservoir Hills Scheme be advertised for public participation;
1.9.4 That the final draft Student Accommodation Policy be submitted to Council
for adoption.
ADOPTED.
1.10 EThekwini Municipality: Planning and Land Use Management Amendment
By-Law 2019 (1/1/3/1/41):
(Page 327: Economic Development and Planning Committee - Agenda 2019-05-22)
With Members having concurred that the Planning and Land Use Management
Amendment By-Law, 2019 would assist the City in making planning related
decisions, by correcting the procedure of reporting to the correct Council structures,
COMMITTEE RECOMMENDS:
1.10.1 That Council approves that the eThekwini Municipality: Planning and Land Use
Management By-law, 2019 as contained in the report by the 2019-05-06
be advertised for public participation.
1.10.2 That a public participation notice calling for representations on the proposed By-law
be published in the Ezasegagasini Metro, the Mercury and Isolezwe and a copy
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of the By-law be placed on the City Hall notice board and website for a period not
less than 14 days to allow the public an opportunity to make representations
with regard to the proposed By-law.
1.10.3 That the final Planning and Land Use Management By-law, 2019 be submitted
to Council for adoption.
ADOPTED.
1.11 Proposed Amendment of the Land Use Schemes of eThekwini by the Introduction of
a Nature Reserve Zone Designed for Nature Reserves Proclaimed In Terms of the
National Environmental Management Protected Areas Act of 2003 (Act No. 57 of
2003) and Identified D’moss Areas Under Consideration for Such Proclamation:
Request for Permission to Undertake a Public Participation Process in Terms of the
eThekwini Municipality: Planning and Land Use Management By-Law, 2016 (21/2).
(Page 333: Economic Development and Planning Committee - Agenda 2019-05-22)
Following consideration of the report by the City Manager dated 2019-03-20 relative
to the request for permission to undertake a public participation process in terms
of the eThekwini Municipality: Planning and Land Use Management By-Law, 2016,
Committee noted that 10 nature reserves were proclaimed last year, for which there
has to be a Management and Zonation Plan (i.e. How land can be used in terms
of vegetation and other uses, example- Paradise Valley),
COMMITTEE RECOMMENDS:
1.11.1 That authority be granted for the Acting Deputy Head: Environmental Planning and
Climate Protection to undertake public participation, in terms of By-law 14 of the
eThekwini: Planning and Land Use Management By-law, 2016, through advertising
for public on the proposal to amend the North, Durban South Inner West and Outer
West Land Use Schemes and the Westville Scheme No.2, of the eThekwini
Municipality by:
1.11.1.1 The introduction of a new land use zone called Nature Reserve as detailed on the
table below:
NATURE RESERVE
INTENTION: To protect, conserve land, dedicated to the conservation and management of natural areas of land and/or water for the ecosystem goods and services that the areas provide and the biodiversity which they support, where the land is proclaimed, or where there is an intention to proclaim, as a Nature Reserve in terms of the relevant environmental legislation. To consider the inclusion of land uses which are beneficial to the Nature Reserve and are in compliance with the approved Management Plan. Colour: To be determined.
1. PRIMARY
2. SPECIAL CONSENT
3. PROHIBITED
Land uses which are directly aligned with the Management Plan specifically related to the Nature Reserve.
Unless provided for in the Management Plan, land uses which complement the purpose of the Nature Reserve which may include residential, commercial, and educational.**
Uses not under Columns 1 and 2.
ADDITIONAL CONTROLS
* Primary Land Uses: These are land uses included in the Management Plan which are deemed compatible with the
intention of the Nature Reserve. They will enhance the environmental, economic and social purpose of the Nature Reserve. All Primary Land Uses are subject to alignment with the Zonation Map of the Management Plan and to the approval of the Deputy Head: Environmental Planning and Climate Protection.
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For the purposes of this Land Use Zone: “Zonation Map” means a map forming part of a Management Plan, indicating areas within a protected area, the use to which the land may be put, whether by indicating the natural occurrence of vegetation or areas of human disturbance through artificial land uses. “Management Plan” means a document required in terms of the National Environmental Management: Protected Areas Act of 2003 which describes the methods of environmental management of a protected area.
** For the purposes of this Land Use Zone, residential, commercial and educational are defined as follows:
- “Residential” means a residential use conforming to the land use scheme definition of chalet development, dwelling house, multiple unit development and mobile home park and camping ground (excluding a mobile home park) which is specifically for ecotourism purposes; provided that in the case of a dwelling house, such use may be for the purposes of housing a Reserve Manager or caretaker on-site.
- “Commercial” means shop and restaurant which is specifically for ecotourism purposes and enhances the economic viability of the Nature Reserve as may be determined by the Management Plan zonation provisions.
- “Educational” means premises used as a place of instruction for the education of the public on matters relating to the environment or the Nature Reserve as may be determined by the Management Plan zonation provisions.
*** For the purposes of this Land Use Zone, Space About Buildings means that space free of all buildings or structures between the outer wall of such building or structure, and an area designated on the zonation map as being a natural zone. The positioning of all buildings and structures within the Nature Reserve shall be to the satisfaction of the Head: Development Planning, Environment and Management in consultation with the Deputy Head: Environmental Planning and Climate Protection.
1. Within a Nature Reserve Zone, unless with the prior written authorization from the Municipality in consultation
with the Deputy Head: Environmental Planning and Climate Protection and within the principles encompassed within the Scheme intention for this Zone;
1.1 No development of any building or structure, including but not restricted to buildings, fencing, swimming pools,
wastewater, and storm water infrastructure (including evapo-transpiration areas for on-site sanitation), roads, tracks, driveways, walking or cycling trails, or dams, shall be permitted;
1.2 No landscaping or planting of any vegetation, unless it is a requirement for the rehabilitation of the environment
in terms of a Management Plan approved in terms of the provisions of the National Environmental Management: Protected Areas Act of 2003;
1.3 No harvesting, collecting, cutting, hunting or otherwise damaging of indigenous flora or fauna and soil and water
resources, shall be permitted; 1.4 No vehicles, motorized or non-motorized, other than on established roads, driveways or tracks, shall be
permitted; 1.5 No pets or other domestic animals shall be permitted. 1.6 No use of the land, which, in the opinion of the Deputy Head: Environmental Planning and Climate Protection,
may be detrimental to the intentions of this Zone, shall be permitted. 2. A Memorandum of Understanding, outlining the management of the Nature Reserve and the method of
exchange of scientific information necessary for the preparation of the annual State of Biodiversity Report, shall be entered into between the Deputy Head: Environmental Planning and Climate Protection and the Deputy Head: Parks, Recreation and Culture.
3. For the purposes of this Use Zone, and in particular to align with the interpretation of terms contained within the
Management Plans for Nature Reserves, the following definitions shall apply:
“Ecotourism” means an interactive, participatory and enlightening travel and visitation experience to environments, both natural and cultural, that ensures the sustainable use, at an appropriate level, of environmental resources and, while producing viable economic opportunities for the tourism industry and host/local communities, makes the use of these resources through sound environmental management beneficial to all tourism role players. “Nature-based Recreation and Tourism means recreation and tourism that is based on the natural attractions of the area, e.g. bird watching, hiking, trail running, and photography, which does not conflict with the primary land use viz. nature conservation. This activity may contribute to the conservation of the environment and improve the well-being of the local community.” “Nature Reserve means premises declared to supplement the system of national parks in South Africa; protect areas with significant natural features, species, habits or biotic communities; protect a particular site of scientific, cultural, historic, or archaeological interest; provide for its long-term protection and the maintenance of its biodiversity; provide for a sustainable flow of natural products and services to meet community needs; enable a variety of traditional consumptive uses; or, provide for nature-based recreation and tourism opportunities
SPACE ABOUT BUILDING
BUILD-TO / SETBACK
LINE
MIN ERF SIZE
DWELLING UNITS / HA
HEIGHT COVERAGE FLOOR AREA
B.L S.S R.S.
Refer to Additional Controls.***
N/A N/A To be determined in consultation with the Deputy Head: Environmental Planning and Climate Protection.****
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1.11.1.2 The introduction of the definition of “Ecotourism” as detailed on the table above.
1.11.1.3 The deletion of the words “protected Areas Bill” in the definition of
Nature Reserve.”
1.11.1.4 The introduction of the definition of “Nature Reserve” and Ecotourism as detailed on
the table above, into the Westville Scheme No.2.
1.11.2 That on completion of the public participation process referred to in .1 above, the
Acting Deputy Head: Environmental Planning and Climate Protection reports back
to the Committee on the outcome of the process.
ADOPTED.
1.12 Permission to Advertise the Review of the Westville No. 2 (Reservoir Hills) Land
Use Scheme (21/4/1):
(Page 357: Economic Development and Planning Committee - Agenda 2019-05-22)
Following brief elaboration on the report by the City Manager dated 2019-03-08,
relative to the request for Permission to Advertise the Review of the Westville No. 2
(Reservoir Hills) Land Use Scheme,
COMMITTEE RECOMMENDS:
1.12.1 That the Land Use Management Department proceeds to advertise the review of the
Westville No. 2 (Reservoir Hills) Land Use Scheme of the eThekwini Municipality
for public participation in terms of Section 14(2) of the Planning and Land Use
Management By-Law, 2016.
1.12.2 That on conclusion of the public participation process, the Westville No. 2
(Reservoir Hills) Land Use Scheme be further refined for onward submission to
Council for adoption.
ADOPTED.
2. REPORT OF THE SECURITY AND EMERGENCY SERVICES COMMITTEE:
MEEETING HELD ON 2019-05-22
(Page R9)
2.1 Proposal to Transfer Strollers Facility Located at Mansel Road from Human
Settlements Unit to Safer Cities Unit for use as Emergency Shelter for Homeless
People (22/8/3):
(Page L6: Security and Emergency Services Committee - Agenda 2019-05-22
The Strollers Building located at Mansel Road is Municipal-Owned and currently
under management of the Human Settlements Unit. The aforementioned Unit
has subsequently reached an agreement to transfer the building to the Safer Cities
Unit for use as an Emergency Shelter to accommodate homeless people. The transfer
is being supported by the Committee. Cognisance has been taken that the upper floor
level of the building will be reserved for homeless people, with the ground floor level
being used by the Business Support Unit and the eThekwini Municipal Academy for
small business support and skills development initiatives.
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With the initiative being applauded, and an amendment being made to indicate
that the shelter should be a multi-purpose facility,
COMMITTEE RECOMENDS:
2.1.1 That, in compliance with the relevant Municipal processes, authority be granted
for the transfer of the Strollers facility located at Mansel Road, presently owned
by the Human Settlements Unit, to the Safer Cities Unit to be used as an Emergency
Shelter for homeless people and accommodate in particular the vulnerable groups
including women; children; and families.
2.1.2 That subject to the adoption of .1 above and in line with the requirements of the
Supply Chain Management Regulations, authority be granted for the Acting Deputy
City Manager: Community & Emergency Services to advertise and call for proposals
with a view to securing a suitable Non-Government Organisations in possession of
capacity and resources to operate the Strollers facility as a multi-purpose facility,
including a shelter for vulnerable homeless people.
2.1.3 That upon the establishment of the Non-Profit Company (NPC), for use as Special
Purpose Vehicle/mechanism to implement projects and programmes linked to
curbing homelessness in eThekwini, funds generated through the NPC be utilised
towards supporting the Emergency Shelters, including Strollers Building and other
related projects.
2.1.4 That the KwaZulu-Natal Provincial Department of Social Development and the
Department of Human Settlements be consulted to provide necessary support in the
form of institutional subsidy/funding for projects and programmes linked to
alleviating homelessness in eThekwini.
2.1.5 That a Business Plan outlining business processes applicable to the Strollers Building
and financial implications thereof be submitted to the Finance Unit.
2.1.6 That the operational mandates of the Strollers facility/building be handed over to the
Acting Head: Safer Cities so as to immediately align and realise the functions and
objectives of the Unit.
ADOPTED.
3. UPDATE REPORT ON HEAVY RAINFALL INCIDENT: 22-23 APRIL 2019
(29/2/2/2)
(Page 1)
It will be recalled that Council had previously received an update on heavy rainfalls
which ravaged the City resulting in loss of human lives and damage
to infrastructure. The Disaster Management Unit has continued to co-ordinate reports
of damages, hence the submission of this latest update.
Arising from issues of clarity, confirmation was given that the Disaster Management
Unit was currently exploring measures to strengthen systems to monitor potential
disaster in a proactive manner. However, that disaster management requires
concerted efforts since no amount of readiness would be adequate to cater for natural
disasters. That incidents reporting and relief provision need to be jointly co-ordinated
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by stakeholders and structures existing within the eThekwini Municipal area
to obtain a true reflection of the situation on the ground.
The leadership reiterated its appreciation for stakeholder involvement and support
by the Provincial Government; Non-Government Organisations; Business
Community; Churches; Community-Based Organisations etc. Most importantly, that
the working arrangements institutionalized during this disaster period, such as the
establishment of “Zonal Champions” should be maintained to be readily available
should a need arise to deal with a particular situation.
The critical aspect now was to accelerate remedial work, in particular, to address the
issue of displaced families. That senior management strengthens supervision in this
regard with political leadership strengthening oversight in terms of conducting
inspections to ensure remedial work is undertaken accordingly.
Given the significance of the climate change and the negative consequence thereof,
a stakeholder workshop was recommended to share best practices; contribute
expertise; ideas and subsequently put plans in place for climate change management.
With the Committee acknowledging that specific focus was required for disaster
prevention measures,
COMMITTEE RECOMMENDS:
3.1 That Council notes progress report on incidents caused by heavy rainfalls on
21-23 April 2019 and the resultant interim assessment requiring expenditure in the
amount of R1 161 587 162.00 (One Billion One Hundred and Sixty One Million Five
Hundred and Eighty Seven Thousand One Hundred and Sixty Two Rand).
3.2 That authority be granted for the Municipal Heads of the Units listed in the table
below to incur expenditure amounting to the damage of the functions relating to the
unit to ensure remedial work is undertaken accordingly.
Department Estimated Costs
Health Unit R 3 000 000.00
Parks & Recreation R 1 800 000.00
Engineering R 405 468 340.40
Human Settlements R 663 308 400.00
Electricity R 19 530 000.00
Water & Sanitation R 60 000 000.00
Metro Police R 3 158 000.00
Disaster Management R 5 322 422.00
TOTAL R1 161 587 162.00
ADOPTED.
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4. APPROVAL OF BUILT ENVIRONMENT PERFORMANCE PLAN (BEPP)
2019/20 (21/5/1)
(Page 32)
COMMITTEE RECOMMENDS:
4.1 That, as per the requirement in terms of Section 14 of the Division of Revenue
Bill 2019, Council approves the 2019/2020 Built Environment Performance Plan
(BEPP) developed to prioritise and integrate planning of key sectors and co-ordinates
budgets for long-term spatial transformation and inclusivity facilitating economic
growth and improved service delivery.
4.2 That detailed engagement be undertaken with the relevant Municipal structures with
a view to unpack BEPP in detail, integrating key Municipal programmes and
preparing for the development of the 2020/2021 BEPP and Budget process.
It was noted that this item had been considered in conjunction with the Budget.
As some Councillors were not in support of the above recommendations of the
Executive Committee the matter was put to the vote. With 181 Councillors
present 116 Councillors (ANC- 109, IND- 4, AIC – 2 and APC- 1) voted in
favour and 65 Councillors (DA – 47, IFP - 10, EFF – 6, MF – 1 and DLC – 1)
voted against. There were no abstentions recorded.
The above recommendations of the Executive were, by the majority vote,
ADOPTED.
5. APPROVAL OF MUNICIPAL SPATIAL DEVELOPMENT FRAMEWORK
2019-2020 (21/5/1)
(Page 53)
COMMITTEE RECOMMENDS:
That in line with the requirements of the Municipal Systems Act No. 32 of 2000 and
the Spatial Planning and Land Use Management Act No. 16 of 2013, Council adopts
the revised Spatial Development Framework 2019/2020 developed to guide the
desirable spatial distribution of land uses within the Municipality and prioritizes
areas for spatial interventions, it being recorded that the SDF is aligned with
Provincial and Municipal sector plans and strategies.
It was noted that this item had been considered in conjunction with the Budget.
As some Councillors were not in support of the above recommendations of the
Executive Committee the matter was put to the vote. With 181 Councillors
present 116 Councillors (ANC- 109, IND- 4, AIC – 2 and APC- 1) voted in
favour and 65 Councillors (DA – 47, IFP - 10, EFF – 6, MF – 1 and DLC – 1)
voted against. There were no abstentions recorded.
The above recommendations of the Executive were, by the majority vote,
ADOPTED.
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6. REPORT ON INVESTMENTS FOR THE PERIOD ENDED 30 APRIL 2019
(1/11/4)
(Page 76)
COMMITTEE RECOMMENDS:
That the Report on Investments for eThekwini Municipality as at 2019-04-30,
which records the total funds of R8 001 million invested at financial institutions at an
average rate of return on investments of 7.90%, as submitted by the City Manager, in
line with the requirements of the Municipal Cash Management and Investment
Regulations of the Municipal Finance Management Act, 2003, be noted.
NOTED.
7. BUDGETS 2019/20; 2020/21 AND 2021/22 MEDIUM TERM REVENUE AND
EXPENDITURE FRAMEWORK (MTREF) (7/13/1)
(Page 82 of the Main Agenda and Laid on Table the amended Version)
In compliance with the statutory processes, the budget was presented before
the Committee in preparation for final approval at Council following the completion
of the budget hearings. Confirmation was given that most of the issues raised during
the hearings relate to service delivery and that budget provisions have been made
for service delivery matters with prioritization to be made where required.
On the issue of tariffs which were regarded high, mention was made that these have
been contextualized within the rates set by external bodies including the National
Electricity Regulator of South Africa (NERSA) for electricity tariffs and Umgeni
Water Board for water tariffs. However, that the City has endeavoured to charge
reasonable tariffs with special arrangements having been made to cater for
pensioners and indigent people.
Furthermore, the eThekwini Municipality Budget has been assessed by National
Treasury and submitted that it is credible, reliable, funded and sustainable
over the MTREF in terms of Section 18 of the MFMA. EThekwini Municipality
budget is also regarded as competitive when benchmarked with the budgets
of counterparts.
Members of the Democratic Alliance (02) voted against the budget as well as (01)
Member of Inkatha Freedom Party stating the unaffordability of tariffs and the
inability to appropriately allocate funds to certain projects.
With (06) Members of the African National Congress voting in support of the budget
given the conscious efforts made to balance the budget and the vetting done
by National Treasury as well as the competitiveness of the City,
COMMITTEE RECOMMENDS:
7.1 That the following resolutions approving the 2019/20 – 2021/22 MTREF of the
eThekwini Municipality and its entities tabled in terms of Section 24 of the
Municipal Finance Management Act (MFMA), are submitted to the Budget Steering
Committee/ Executive Committee for consideration and adjustment where necessary.
7.2 That note be taken of the contents of the budget documentation circulated in
accordance with the Municipal Finance Management Act, No.56 of 2003.
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7.3 Estimates of Income and Expenditure:
7.3.1 That in terms of section 24 of the Municipal Finance Management Act, 56 of 2003,
the annual budget of the municipality for the financial year 2019/20; and indicative
allocations for the two projected outer years 2020/21 and 2021/22; and the multi-year
and single year capital appropriations are approved as set-out in the following tables
of the budget document:
● Budgeted Financial Performance (Revenue and Expenditure by Standard
Classification) (Table A2; Page 70)
● Budgeted Financial Performance (Revenue and Expenditure by Municipal
Vote) (Table A3; Page 71)
● Budgeted Financial Performance (Revenue by Source and Expenditure by
Type) (Table A4; Page 72)
● Multi-year and single year capital appropriations by municipal vote and
standard classification and associated funding by source (Table A5; Page 73)
7.3.2 That the financial position, cash flow, cash-backed reserve/accumulated surplus,
asset management and basic service delivery targets are adopted as set out in the
following tables:
● Budgeted Financial Position (Table A6; Page 75)
● Budgeted Cash Flows (Table A7; Page 77)
● Asset Management (Table A9; Pages 79 – 81)
● Basic Service Delivery Measurement (Table A10; Page 82)
7.4 Municipal Entities:
That the Municipal Entities budget as reflected on pages 275 to 302 of the budget
documentation be approved.
7.5 Recapitulation: Valuation of Rateable Property:
That it be recorded that the recapitulation certificate summarising the valuations of
rateable property, as certified by the City Valuer, is laid on the table.
The following resolutions, pertaining to property rates (items 7.6 to 7.11) and in
conformity with the provisions of Section 14 of the Local Government: Municipal
Property Rates Act 6 of 2004 and Sections 17 (3) (a) (ii) and 24 (2) (c) (i) of the
Local Government: Municipal Finance Management Act 56 of 2003, be adopted.
7.6 Determination of Rates:
7.6.1 In terms of Section 8 of the Local Government: Property Rates Act, 2004 read
together with the Rates Policy, as amended, and to be adopted with the current
budget, the Municipality may levy different Rates for different categories
of Property.
7.6.2 That the rate randage for the said financial year for the eThekwini Municipality,
be and is hereby assessed and levied for the following categories at:
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CATEGORY OF PROPERTY
2019 Cents in the
Rand
2020 Cents in the
Rand
2021 Cents in the
Rand
Agricultural 0.2986 0.3192 0.3412
Business & Commercial 2.7081 2.895 3.0947
Outside Urban Development Line 1.7672 1.8891 2.0195
Industrial 3.495 3.7361 3.9939
PSI 0.2986 0.3192 0.3412
Residential 1.1944 1.2768 1.3649
Unauthorised/ Abandoned/ Illegal Usage 9.5549 10.2142 10.919
Vacant Land 5.3551 5.7246 6.1196
Agricultural 0.2986 0.3192 0.3412
Sectional Title Registered Real Rights of
extension 5.3551 5.7246 6.1196
Mining property 3.495 3.7361 3.9939
Multiple-Use Property will be dealt with in accordance with the Rates Policy.
7.7 Exemptions, Rebates and Reductions:
That the following reductions on the market value of the property and rebates on the
rates payable, be and are hereby granted in accordance with the Rates Policy.
7.7.1 Residential Property:
That in addition to the statutory reduction of R15 000, a further reduction of
R105 000 be and is hereby approved for property values exceeding R230 000.
7.7.2 Public Benefit Organisations:
That on application and approval, only Public Benefit Organisations listed in
Clause 7.5 of the Municipality’s Rates Policy 2019/2020 shall receive an exemption
from rates.
7.7.3 Senior Citizens, Disability Grantees / Medically Boarded Persons and Child Headed
Households:
7.7.3.1 That in addition to the reduction in 7.7.1 above, a rebate not exceeding R4 373 or
such lesser amount as may otherwise be payable, be and is hereby approved for
qualifying Senior Citizens, disability grantees / medically boarded persons and child
headed households as defined in the rates policy.
7.7.3.2 That it be and is hereby resolved to place a maximum limit of R2 million on the
value of the property, in order to qualify for the Senior Citizens rebate in
(7.7.3.1) above.
7.7.3.3 That it be and is hereby resolved that a rebate under Clause 7.2.2.4 of the rates policy
may be granted to qualifying Senior Citizens who are trustees in a trust,
notwithstanding that an independent professional person also holds office as a trustee
and does not meet the qualifying criteria.
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7.7.4 Life Rights Schemes and Retirement Complexes:
That on application and approval, a 25% rebate be granted to qualifying Life Rights
Schemes and Retirement Complexes registered in terms of the Housing Development
Scheme for Retired Persons Act 65 of 1988.
7.7.5 Schools Not For Gain:
That a rebate of 50% be and is hereby granted to qualifying schools not for gain.
7.7.6 Bed and Breakfast Undertakings:
That on application and approval a rebate of 50% be granted to all Bed and Breakfast
establishments that satisfy the requirements of the Rates Policy, as amended.
7.7.7 Guest House Undertakings:
That on application and approval a rebate of 25% be granted to all Guest House
undertakings that satisfy the requirements of the Rate Policy, as amended.
7.7.8 Back–Packer Lodges, Holiday Accommodation and Student Accommodation:
7.7.8.1 That on application and approval, the following rebates shall apply to Back-packer
establishments that satisfy the requirements of the Rates Policy, as amended:
a) Where up to 40 beds are available to guests, a rebate not exceeding
50% will apply;
b) Where up to 80 beds are available to guests, a rebate not exceeding
25% will apply;
7.7.8.2 That on application and approval, property let out for the purposes of
Holiday Accommodation, be granted a rebate of 64%
7.7.8.3 That on application and approval, property let out for the purposes of
Student Accommodation, be granted a rebate of 25%.
7.7.9 Natural and Other Disasters:
7.7.9.1 That on application and approval a temporary rebate of 75% be granted in respect of
property damaged by disaster for a period of six months or a portion thereof.
7.7.9.2 That on application and approval, a further temporary rebate of 75% be granted
thereafter, for a period not exceeding six months.
7.7.9.3 That the rebate is granted on the category of property prior to damage.
7.7.10 Vacant Land:
That the reduction of R30 000 on the market value of Vacant Land located in the
‘outside the Urban Development Line’, as defined in the amended Rates Policy,
be granted.
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7.7.11 Properties in the Ownership of the Municipality or Municipal Entities:
7.7.11.1 That all municipal owned properties are exempted from property rates, except for
Trading Services and municipal owned properties where the Municipality has
entered into an agreement with any person, indicating otherwise.
7.7.11.2 That a rebate of 63% be and is hereby granted to the International Convention Centre
in respect of property rates payable to the Municipality.
7.7.12 Nature Reserves and Conservation Areas:
That on application and approval, nature reserves and conservation areas shall be
excluded from rates.
7.7.13 Economic Development:
7.7.13.1 Greenfield Developments in Priority Areas:
That on application and approval by Council, all non-residential developments which
are located in Priority Areas, as contemplated in the Economic Development
Incentive Policy, shall receive a rebate limited to the difference between the Vacant
Land rate randage and that of the intended use of the developed land, as envisaged in
the Rates Policy read with the Economic Development Incentive Policy.
7.7.13.2 Brownfield Developments in Priority Areas:
That on application and approval by Council, all non-residential developments which
are located in Priority Areas, as contemplated in the Economic Development
Incentive Policy, shall receive a rebate based on the value of the development as per
the table below:
VALUE OF DEVELOPMENT
R (MILLIONS)
PERCENTAGE REBATE ON RATES
0 - 50 15%
51 - 150 25%
151 - 300 50%
301 and above 65%
7.7.13.3 That subject to compliance with criteria contained in the Economic Development Incentive
Policy read together, where applicable, with the Rates Policy, all industrial or
commercial Brownfield developments which are located outside of Priority Areas, be
granted a general rebate for a fixed period of three years, calculated on the value of
the additional new investment as follows:
Brownfield Development Outside
the Priority Areas
Outside the Priority Areas – Job Creation Rebate Incentive
20%
The rebate becomes effective upon
completion of construction and
receipt of a valid occupancy
certificate
20%
The rebate becomes effective upon completion of construction
and receipt of a valid occupancy certificate
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7.7.14 Special Rating Areas:
7.7.14.1 That the existing Special Rating Areas as indicated in Annexure A be and are
hereby noted.
7.7.14.2 That in respect of the Special Rating Areas, additional rates, as indicated in
Annexure A hereto, be approved and levied (subject to any exclusions or
exemptions determined in the Rates Policy) in respect of each category of rateable
property within the boundaries of the Special Rating Area.
7.7.14.3 That for the purposes of Clause 9 of the Rates Policy in relation to requirements for
the determination of a new special rating area, the total minimum value of the
rateable properties within the proposed boundaries of the area, be determined
at R400 Million.
7.7.15 Consulates:
That property owned by Consulates be valued and rates be raised and recovered from
the Department of International Relations and Co-operation in terms of the
Diplomatic Immunities and Privileges Act 2001 (Act 37 of 2001).
7.7.16 Green Certified Buildings:
On application and approval by Council, all non-residential developments which fall
within the City, as contemplated in the Green Building Incentive Policy of Council
read together with the Rates Policy shall receive a rebate as set out below:
(a) GREEN STAR
Certification Description Incentive/Provision Responsibility
6 Star
Mandatory: 6 Star rating,
i.e. over 75 points, with a
minimum of 14 points for
ENE 1.
Optional additional: 1. 6
points or more for the
Socio-Economic
Category, and/or
2. 3 points or more for
the Innovation Category.
Rebate calculated on
property rates tax
payable:
Mandatory: 35%
reduction.
Optional additional:
1. Additional 3%; and/or
2. Additional 2%.
Revenue Management Unit and
Development Planning,
Management and Environment Unit.
5 Star
Mandatory: 5 Star rating,
i.e. between 60 and 74
points, with a minimum
of 8 points for ENE 1.
Optional additional: 1. 12
points or more for the
Socio-Economic
Category, and/or
2. 5 points or more for
the Innovation Category.
Rebate calculated on
property rates tax
payable:
Mandatory: 20%
reduction.
Optional additional:
1. Additional 6%; and/or
2. Additional 4%.
Revenue Management Unit and
Development Planning,
Management and Environment Unit.
4 Star
Mandatory: 4 Star rating,
i.e. between 45 and 59
points, with a minimum
of 4 points for ENE 1.
Optional additional: 1. 12
points or more for the
Socio-Economic
Category.
Rebate calculated on
property rates tax
payable:
Mandatory: 9%
reduction.
Optional additional:
1. Additional 6%.
Revenue Management Unit and
Development Planning,
Management and Environment Unit.
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(b) EDGE
Certification Description Incentive/Provision Responsibility
Edge
Mandatory: Residential
buildings to achieve
minimum 20% less
energy use (than National
Building Regulations),
20% less water use, and
20% less embodied
energy in materials, as
per the EDGE tool.
Rebate calculated on
property rates tax
payable:
Mandatory: 35%
reduction.
Revenue Management Unit and
Development Planning,
Management and Environment Unit.
7.8 Phasing in of Rates:
7.8.1 That the following phasing in of rates be and are hereby approved subject to
Section 21 of The Local Government: Municipal Property Rates Act 6 of 2004:
7.8.1.1 A rate levied on newly rateable property must be phased in over a period of three
financial years.
7.8.1.2 A rate levied on property belonging to a Land Reform Beneficiary or his or her heirs
must, after ten years from the date on which such beneficiary’s title was registered in
the office of the Registrar of Deeds, be phased in over a period of
three financial years.
The phasing in discount on properties referred to in (7.8.1.1) and (7.8.1.2) above will
apply as follows:
a) 75% in the first year
b) 50% in the second year
c) 25% in the third year
7.8.1.3 A rate levied on newly rateable property owned and used by organizations
conducting specified public benefit activities and registered in terms of the Income
Tax Act for those activities must be phased in over a period of four financial years,
with the following phasing in discounts:
a) 100% in the first year
b) 75% in the second year
c) 50% in the third year
d) 25% in the fourth year
7.9 Flat Service Charge Rate for Formal Properties Valued Below R185 000 and
Informal Settlements Where Water and Ablution Facilities Have Been Provided:
That a flat service charge rate be investigated for formal properties valued below
R185 000 and those informal settlements where water and ablution facilities have
been provided.
7.10 Date of Operation of Determination of Rates:
That this determination comes into operation on 1 July 2019.
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7.11 Final Date for Payment of Rates:
7.11.1 Where rates are payable in monthly instalments, such payments shall be in
twelve (12) equal or near equal instalments payable 21 days from the date of account.
7.11.2 Where rates are payable annually the final date for payment shall be
31 October 2019, provided that where this date falls on a Sunday or public holiday
payment shall occur on the last working day prior to such Sunday or public holiday.
7.12 Administration Charge on Arrear Rates:
That the administration charge on arrear rates as referred to in Section 10.7 of the
Credit Control and Debt Collection Policy is determined at 10%. Collection of arrear
rates is in accordance with the Credit Control and Debt Collection Policy.
7.13 Interest on Arrears:
That the interest rate to be applied to arrear accounts, shall be the interest rate as
prescribed by Regulation 9 of the Municipal Property Rates Regulations, 2006.
7.14 Other Tariffs and Charges:
7.14.1 That other tariffs and charges as circulated with the budget document in terms of
Section 24(2)(c)(i) and (ii) be approved for the financial year commencing
1 July 2019.
7.14.2 That the average Electricity Tariff increase of 13.07 % be hereby approved by
Council, it being recorded that the proposed Municipal Electricity Tariff guideline is
yet to be finalised by NERSA and that any adjustment and revision must be in
accordance with applicable legislation. Accordingly, the impacts of any changes to
NERSA’s proposed municipal tariff increase will need to be considered
by the Council.
7.14.3 That the average Water tariff increases of 15.0% for residential properties and 15.5%
for commercial properties be hereby considered by Council
7.15 Domestic Water Debt Relief Programme:
That it be and is hereby resolved to place a maximum limit of R250 000 on the
rateable value of the property in order to qualify for the Water Debt
Relief Programme.
7.16 Budget Related Policies:
7.16.1 Rates Policy:
That the Rates Policy, as amended be adopted with the final budget.
7.16.2 Credit Control and Debt Collection Policy:
That the Credit Control and Debt Collection Policy, as amended be adopted with the
final budget.
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7.16.3 Tariff Policy:
That the Tariff Policy as adopted by Council on 2017-05-31 remains unchanged for
the 2019/20 financial year.
7.16.4 Funding and Reserves Policy:
That the Funding and Reserves Policy adopted by Council on 3 May 2010 has been
reviewed and remains unchanged.
7.16.5 Budget Policy:
That the Budget Policy adopted by Council on 23 February 2011 has been reviewed
and remains unchanged.
7.16.6 Investment Framework Policy and Borrowing Policy:
That the reviewed Investment Framework policy and Guidelines as adopted by
Council on 2017-06-28 remains unchanged.
7.16.7 Supply Chain Management Policy:
That the Supply Chain Management Policy is currently under review and the
amended policy will be submitted to Council for adoption.
7.16.8 Other Budget Related Policies:
That in terms of Section 24(2)(c)(v) of the Municipal Finance Management Act, 56
of 2003, there are no proposed amendments to any other budget related policies.
7.17 Capital Expenditure Estimate:
7.17.1 That in those instances where information has been provided in terms of
Section 19(2)(b) of the Municipal Finance Management Act No. 56 of 2003, together
with project procurement scheduling, the approval of the capital budget constitutes
project approval for the specific projects as reflected in the detailed capital budget. It
being noted that project budgets will be re-prioritised if departments fail to submit
their project procurement schedules.
7.17.2 Where information in terms of Section 19(2)(b) is not provided, specific project
approval is to be sought from Council during the course of the year and that approval
by Council be given only if the report seeking approval is accompanied by the
specific project procurement schedule.
7.17.3 That the capital budget procurement process commences with the approval of the
tabled budget.
7.17.4 The spend on the capital budget for the first 6 months of the financial year is targeted
at not less than 35%.
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7.18 Borrowings to Finance the Capital Budget:
That authority be sought from Council for the raising of appropriate long term debt
in terms of Section 46 of the Municipal Finance Management Act No 56 of 2003, to
finance in part the municipality’s capital budget over the MTREF period. In this
regard authority is sought to raise an amount of R 1.5 billion per annum over the
MTREF period. It being noted that the increase of 0.5bn is mainly as a result of the
purchases of buses for the rollout of the IRPTN.
7.19 Housing/Hostels Deficit:
7.19.1 That the estimated Formal Housing Deficit of R65.9m for the 2019/2020 financial
year be met from the Rate Fund.
7.19.2 That the estimated New Development Housing and Hostels deficit of R458.1m be
funded from the Rate Fund.
7.19.3 That appropriate interventions be escalated by the Executive Committee including,
inter alia, the phased introduction of economic rentals, the constructive engagement
of the Provincial State Authorities to secure additional funding and strategies to
reduce electricity and water consumption.
7.20 New Functions/ Services:
That no new functions or service be introduced without specific approval thereto by
the Council after full consideration of the effect thereof on the Council’s Budget.
In addition the budgets pertaining to new functions or services can only be approved
in principle and thereafter would have to be prioritised in terms of the Integrated
Development Plan together with all other submissions that have been received.
7.21 Measurable Performance Objectives:
That in terms of Section 24(2)(c)(iii) of the Municipal Finance Management Act No.
56 of 2003, the measurable performance objectives for capital and operating
expenditure by vote for each year of the medium term revenue and expenditure
framework as set out in Table SA7 (Page 150) be approved.
7.22 Integrated Development Plan (IDP):
That the draft reviewed Municipality’s Integrated Development Plan (IDP) was
tabled with the budget in terms of Section 17(3)(d) of the Municipal Finance
Management Act No.56 of 2003, it being recorded that the annual review process as
prescribed in terms of Section 34 of the Municipal Systems Act, is continuing and
that report to the Executive Committee will be submitted on completion of the
consultative process.
7.23 Particulars of Investments:
That in terms of Section 17 (3) (f) of the Municipal Finance Management Act No. 56
of 2003, particulars of the Councils investments are reflected in
Tables SA15 – SA16 (Pages 160 – 161).
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7.24 Remuneration of Councillors and Senior Officials:
That in terms of Section 17(3)(k) of the Municipal Finance Management Act No.56
of 2003 that the proposed cost to Council of the salary, allowances and benefits of
each political office bearer, councillor and senior officials of the municipality and its
entities, is reflected in Table SA23 (Pages 171 ).
7.25 Unfunded Mandates:
That the Council make representation to the Provincial and National Government
regarding unfunded mandates presently undertaken by the Municipality with a view
to securing funding for those services. The cost of unfunded mandates is set out
hereunder:
R’ m
Libraries 434.6
Health – other than municipal health services 367.2
Museums 92.0
Housing: New Development and Hostels 458.1
Formal Housing 65.9
1417.8
7.26 Impact of Housing Expenditure on the Cash Reserves:
7.26.1 That Council makes further representation regarding expenditure incurred in
previous years by the municipality amounting to R4.07 bn for the construction and
provision of housing done on an agency basis on behalf of the KZN Department of
Human Settlements (KZN DOHS) in order to finalise the approval in principle that
was made that USDG funds could be utilised over a five year period subject to
Council committing expenditure of the same amount on Human Settlements
related infrastructure.
7.26.2 In addition, in order to avoid the cash reserves dropping below prudent levels that
could negatively impact our good credit rating, the municipality only implement
KZN DOHS approved housing projects and implementation (incl. invoicing and
submission of claims to KZN DOHS) of these approved projects to be in line with
the approved KZN DOHS budget and cash flows.
7.27 Expenditure Control, Austerity Measures & Tariffs in the Current State
of the Economy:
7.27.1 That in view of the current economic climate further austerity measures be
considered and that all departments review their expenditure and ensure that Council
is getting best value for all expenditure.
7.27.2 That in view of high water, sanitation and electricity increases the price elasticity be
closely monitored as there has been decreasing volumes of sales over the past five
financial years and the sustainability of these services need to be closely monitored.
Tariff structures as well as alternate sources of revenue need to be considered
together with the improved effectiveness of spend.
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7.27.3 That the recommendations by the independent consultant on security costs be
urgently implemented.
7.27.4 That overtime and outsourcing of services as well as higher of equipment be
critically evaluated as per city manager circulars Dated 28 February 2019.
7.27.5 That all vacant posts be evaluated ito need to fill on an absolute necessary basis ,refer
CM circular 04/2019.
7.27.6 That the operating model for the IRPTN be urgently considered as the current
projected deficits cannot be met from property tax.
7.27.7 That the EPWP spend is reviewed taking into account the outcome of the audit
currently underway and key interventions put in place to drive the expenditure down
to the grant amount.
7.27.8 That NT circular no 82 be strictly adhered to iro cost containment with regard to
travel, entertainment eventing ,etc .
7.27.9 That Manager’s closely monitor the use of council vehicles and ensure that all trips
are justified and in the best interest of council.
7.27.10 That urgent interventions be put in place to improve the collection rates in hostels
and that appropriate sanctions be considered to enforce payment.
7.27.11 That all reports to BAC include a section on the benchmarking of the most
responsive tender and that any Tender that is above the market rates be justified.
7.27.12 That the SCM unit also introduce benchmarking of prices on all good and services
that are procured for less than R 200 000 and that a motivation be provided for the
acceptance of any quote that is more than the bench mark rate.
7.27.13 That all departments need to expedite the outstanding disciplinary proceedings as the
Auditor-General has raised the issue of consequence management in the
last three audits
7.27.14 That a zero tolerance approach to irregular, fruitless & wasteful, and unauthorised
expenditure be enforced.
7.27.15 That Department’s look at opportunities for rationalization of services and
elimination of duplication.
7.28 Free Basic Services:
7.28.1 That the Free Basic Services Package as set out on page 98 is approved for the
budget year 2019/2020.
7.28.2 That in view of the sustainability of providing free basic services a flat rate for
services be considered as a matter of urgency
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7.29 Off Balance Sheet Financing:
That approval in principle be granted for alternate financing options/models to be
considered, incorporating but not limited to Sect 33 (Contracts having future
budgetary implications) of the MFMA type arrangements, to finance major
infrastructure works requiring significant capital sums over several years where risks
and rewards are equitably shared between the municipality and its chosen partner/s.
Each specific project will be submitted to Council for consideration.
7.30 Catalytic Projects:
7.30.1 In keeping with National Treasury’s directive to stimulate the economy, grow the
rates base and create jobs, the City is considering the implementation of several
catalytic projects, subject to these projects having a favourable return on
investment (ROI).
7.30.2 That Council supports these projects in principle and that whilst initial funding has
been provided for feasibility studies, further funding be sourced during the year as
and when the projects are ready for implementation.
7.31 Food Aid Programme (Soup Kitchens):
That the engagement of faith-based organisations and NGO’s to assist the
municipality in its food aid program by adopting soup kitchens be investigated and
where considered necessary a grant in aid be provided. It being noted that a provision
of R 87.7 million has been budgeted for to increase the number of soup kitchens
from 74 to 92.
7.32 Hostel Collections:
That the Council supports the installation of prepaid electricity and water meters for
individual hostel units using the 50/50% principle inclusive of the payment of
rentals, in view of the low hostel debtors collection rate of 5%.
7.33 Meter Reading Strategy:
7.33.1 That the Electricity and Water Units finalise their strategy on the replacement of
electricity and water meters. It being noted that the Electricity Unit is currently in the
process of finalising an implementation plan for all electricity meters to be smart by
2026. A similar implementation plan needs to be developed by the Water Unit.
7.33.2 That the feasibility of combining the electricity and water meter reading services
be investigated.
7.33.3 That quarterly reporting on progress on these issues be submitted to EXCO
7.34 Destination Marketing Programmes:
7.34.1 That Council approves the hosting of the destination marketing programs as
budgeted for and indicated on Annexure B.
7.34.2 That authority be granted to the City Manager to negotiate benefits and rights to
leverage the destination and profile Durban with the organizers.
7.34.3 That authority be granted to the City Manager to conclude contracts with the owners
in terms of the partnership investment.
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ANNEXURE A – 2019/20 ADDITIONAL RATES LEVIED ON SPECIAL RATING AREAS (7.7.14 REFERS)
Special Rating Areas Residenti
al
Business
&
Commerc
ial
Industrial Vacant
Land
Agricultu
re
Unauthoris
ed/
abandoned
Public Service
Infrastructure
a) Precincts bordered by Monty
Naicker, Dorothy Nyembe,
Anton Lembede and Dr Yusuf
Dadoo Streets. (CBD Precinct)
0,001911
0,004332
0
0
0
b) Precinct bordered by Soldiers
Way, Dr AB Xuma Road,
Florence Nzama Street and
Bram Fischer Road. (North
East Business Precinct)
0
0,000608
0,000785
0,001203
0
c) Precinct bordered by Dorothy
Nyembe Street, Margaret
Mncadi Avenue, Beach Walk
and Anton Lembede Street.
(North East Business Precinct)
0
0,000608
0,000785
0,001203
0
d) Precinct bordered by Soldiers
Way, Bram Fischer Road,
Sylvester Ntuli, KE Masinga
and Archie Gumede (Place)
Roads. (North East Business
Precinct)
0
0,000608
0,000785
0,001203
0
e) Precinct bordered by OR
Tambo Parade, Dr Pixley
KaSeme Street Mall,
Rutherford and Gillespie
Streets (South Beach Precinct).
0,002259
0,005121
0
0,010126
0
f) Umhlanga Promenade Precinct
bordered by Ocean Way
(South), Lot 430 (North),
Lagoon Drive (West) and the
Indian Ocean (East).
0,001164 0,002639 0
0,005219
0
g) Precinct bordered by
Burlington Road, Burlington
Drive, Nagel Road, Windsor
Road, Midmar Road and
Henley Road.
0,002962
0,006717
0
0,013281 0
0
0
h) Umhlanga Village Precinct
bordered by Flamingo Lane,
Ocean Way, Lagoon
Drive,McCauland Crescent,
Weaver Crescent and the Ruth
First Highway.
0 0,002897
0
0
0
i) Giba Gorge bordered by N3
Highway (South), Reservoir
Road, Jan Smuts Avenue,
Galloway Lane, Mountbatten
Place, Alexander Drive, King
Cetshwayo Highway (East),
Portion 157 of Clifton (North)
to Saint Helier Road (West)
0,000428
0
0
0,001918
0,000107
j) Maytime Community bordered
by M13 Highway, Woodside
Avenue, Haygarth Road, Abrey
Road, Msonti, Quilhall Lane,
Alexander Avenue, Mtonbi and
Victory Road.
0,002701
0,006124
0
0,012109
0
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Special Rating Areas Residenti
al
Business
&
Commerc
ial
Industrial Vacant
Land
Agricultu
re
Unauthoris
ed/
abandoned
Public Service
Infrastructure
k) Area consisting of the length of
Florida Road, from Lillian
Road to Mitchell’s Park,
including properties on both
sides of Florida Road.
0,0083
0,010712
0,016413 0
0
l) Westville Perth West Area
bounded by Glencairn Close in
the West, Stanley Teale Road
in the South, Robert Herrick
Avenue in the North and the
eastern boundary consisting of
Linford Place and Drayton
Place in Westville
0,003948 0 0,003948
0
m) Glenwood area bounded by
Helen Joseph Road, King
Dinuzulu Road, Berea Road,
Turners Avenue, Che Guevara
Road, Moore Road, Clark Road
and Bulwer Road.
0,004505
0,005813
ANNEXURE B
DESTINATION PROMOTION PARTNERSHIPS
PROGRAMS
Profile and Motivation
1. Durban Beach
Extravaganza
July Promotes and provides nautical and aqua sport entertainment
experience during holiday season along the Beachfront. It also has a
knowledge empowerment element for the students interested in aqua
sport that feature as sport tourism experience.
2. Joyous Celebration July/ August Biggest Gospel show attracting high LSM from various parts of
South Africa. It has a countrywide roadshow and the brand has huge
following locally and beyond Durban.
3. South African Music
Conference ( SAMC)
July Utilization of local talent to promote music that highlights Durban
lifestyle. The conference discusses the commercialization of local
music. Exhibition of Durban emerging talent utilizing township
lounges.
4. Township Tourism
Experience and
Promotion in across all
the townships in the
eThekwini Municipality
Various Periods
of the Year
This is a robust destination promotion of the townships in Durban
during in various seasons of the year to promote township tourism.
This is through leisure, culture heritage, Township Lifestyle
experience with a huge economic impact to the business in townships
and also destination exposure through the hosting of stakeholders in
the familiarization trips in various township tourism products such as
Max’s Lifestyle, Eyadini, Aritizens lounge, Magaba Lounge and
many other products.
5. Jazz in July July This is an entertainment and leisure experience that happens with the
Durban July festivities but a day after (Sunday) the main Durban July
main race. It attracts another targeted visitor’s audience that love the
jazz genre and it extends the length of stay for the visitors in Durban
during the Durban July festivities.
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DESTINATION PROMOTION PARTNERSHIPS
PROGRAMS
Profile and Motivation
6. Sports Tourism Various period of
the year
Durban also position itself a premium leisure and sporting destination
hence the partnership with various sporting codes organizations is
paramount to help promote the sporting tourism. The sports tourism
promotion is through the hosting of various local national and
international tournaments in Durban’s world class sporting facilities
like Moses Mabhida Stadium. These sporting codes will range from
aqua sport, soccer, rugby cup tournaments and many more. Sports
tourism attracts a large number of national and international visitors
comprising of the athletes, accompanying friends and relatives of the
athletes and spectators. Sports tourism also affords the destination a
huge media exposure for destination promotion and brand exposure.
7. The Vodacom Durban
July
July Vodacom Durban July in an annual race horsing event that takes
place on first weekend of July at the Greyville Racecourse. It offers a
variety of activities taking place such as fashion, music and
entertainment and also a showcase of Durban lifestyle. This is
Africa’s greatest horse racing event that is witnessed by just over
56000 people and it one of the City’s mega events. It draws a number
of visitors to the city, which in turn generates substantial revenue for
the City in turn boosting the economy. The financial and service
support given to this event is substantially outweighed by the amount
of socio economic impact received from visitors, their spending and
destination exposure value received by the City. The event also
generates extensive media coverage pre, during and post event. The
coverage received from this event includes the repetitive use of the
Durban in the event name which in turn generate extensive total
coverage that converts to stimulating potential visitor interest to visit
the destination.
The occurrence of this event has become a spring board for
establishment of new SMME’s and significant growth of existing
businesses as it attracts a lot of visitors into the City. The business
development ranges from business within the urban and Township
areas whereby the livelihoods of the various communities are
economically transformed. These visitors arrive with a plan of getting
maximum leisure, sporting and lifestyle tourism and they extensively
spend till the Monday after the Vodacom Durban July weekend.
The City’s participation is in 3 components:
a) The destination promotion leveraging through destination
promotion partnership.
b) The Durban Tourism brand and destination activation at the
Vodacom July. This is through the hosting of national and
international key strategic stakeholders which includes
Tourism trade (from tour operators to tourism buyers), media,
Captains of industry and influencers in the tourism destination
promotion space.
c) The Durban July Local fashion talent development through the
partnership with Gold Circle a components of the Durban
Fashion Development Programme
8. Imbokodo Jazz Festival August In line with the women economic empowerment in the women’s
month, this is a programmer that completely has women feature in it
This is from the planning, management, artist performance as well as
the provision and oversight of the event technical logistics. The
unique offering attracts domestic visitors into the City to experience
leisure tourism.
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DESTINATION PROMOTION PARTNERSHIPS
PROGRAMS
Profile and Motivation
10. Township to Township
Marathon
September An annual qualifier marathon that alternates each year between
KwaMashu to Umlazi. As the marathon happens, the local
communities gate business opportunities brought in by this marathon
from the spectators. There is also a township promotion brought
benefited through the marathon route in exposing what the township
has to offer hence stimulate culture and heritage tourism.
11. Shisanyama Festival September This program takes place during the heritage month and it brings
together diversity, fashion, art & craft and food particularly the
shisanyama experience at is predominantly in the townships. It is also
a platform to recognize and acknowledge the various township based
shisanyama restaurants that are predominantly owned by African
emerging businesses. This also gives them exposure at this festival
and the diverse ethnic groups get a taste their cuisine.
12. House and Garden Show October Promoting and taking Township Kasi Lifestyle Pavillion for music,
food, furniture SMME’s during this packed show across all
demographics.
13. Umlazi Jazz Festival November Umlazi Jazz is a budding Jazz event that aims to increase tourist
traffic to Umlazi by introducing a genre specific event. The event
works with the township products to promote the destination and
event.
14.
INKHop Festival
November
Promotes the Inanda route and tourism products in KwaMashu by
staging various activations. It also provides information economy by
staging an artist development workshop. The event has an element
that focuses on health and safety awareness during the festive season.
15. Amambazo November Specializes in producing and marketing world class theater
productions. The company is a brainchild of Professor Joseph
Shabala aimed at preserving South African arts and culture through
quality stage musical productions. The company boasts with the
expertise of personnel of high caliber and stature
16. Crown Gospel Awards November An annual gospel awards ceremony that attracts a large number of
gospels followers across the country and beyond South Africa to
converge to Durban.
17. Umnini Extravaganza December The event promotes Umnini Dam as a tourism product in the South
region and ability and flexibility to host mega events.
18. Durban Christmas Street
Lighting Festival
December This is a signature programme that will happen over two weeks of the
start of the festive season. It will be happening after the City’s Festive
and Management Committee (FEMAC) launch in and around the City
with an objective of promoting the culture and heritage tourism
attractions within the City center in alignment with the City’s urban
renewal programme. It will start with Christmas Carols and various
Christmas visitors’ entertainment while showcasing the City’s
attractions like museums, City tours etc as well as well as the street
festival including the Christmas lights and tree lighting festivities.
19. Durban New Year’s Eve
Festival
December As part of the promotion of the beach front as one of Durban’s natural
tourism attraction, a New Years’ eve festival will be staged at the
Durban beach front. This happens from midday till just after midnight
to give visitors a viable entertainment ambience through a big
fireworks display. It is also to create a hype within the beachfront for
all the visitors in Durban to disperse to the beach front.
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DESTINATION PROMOTION PARTNERSHIPS
PROGRAMS
Profile and Motivation
20. Inkasi Experience December This event enables attendees to experience the Inanda route and the
INK area through music and entertainment.
21. Africa Youth Music
Festival
December An event facilitated by an NGO to celebrate young talent within the
space of music. The NGO is strictly youth and creates platforms for
youth to participate in government programs and engage with
government.
22. Good Sundae December Good Sundae is a lifestyle program where city trendsetters gather in
one venue to enjoy the countries best hip hop acts. Good Sundae has
made daytime/night time partying on a Sunday a culture for the past 4
years. Good Sundae boasts and attendance of between 3000 and 5000
with the December programs being the most highly attended.
The program primarily attracts the 18 – 35 age group. The program is
always themed which attracts more numbers.
23. Durban Underground December An annual Christmas Day program that celebrates Durban artists and
offers Tourist an entertainment and fun experience during
Christmas day.
24. Durban Braai Day December This is a first time program that envisages to attract 8000 - 12000
attendees to take place at the MMS Peoples park. It will be giving the
visitors and locals an additional desired lifestyle tourism experience
with the vibrant entertainment and great ambience in the festive. The
braai day is characterized as a family fun day which allows the
visitors to travel as a collective family at all times during the festive
season. This program is also platform to drive the campaign of youth
against crime during the festive season.
25. Durban Beach Festival December It is an extravaganza that offers a multiple entertainment package at
the beach front for the whole family. It also affords a platform for
local artists’ development through performance after a series of road
show recruitments.
26. Durban Jazz Festival December Biggest program in South Africa during the festive season taking
place on 26 December. Strategic hosting of stakeholders.
27. Ingoma Cultural Zonal
Festival
December and
January
Promotes cultural social cohesion, traditional dance competition and
ethnic pride. This is also an appealing attraction to the tourism and it
showcases the culture and heritage of the people of Durban and
KwaZulu-Natal which is of great interest to tourists.
28. KwaMakhutha New
Years
December A youth owned event from the local area of KwaMakhutha. The event
aims to participate in tourism by building a footprint by encouraging
visitors to the townships through events. The event is an event that
empowers 100% youth through the supplying of service,
entertainment, food and beverage supply.
29. Woz’ eDurban Picnic
Program Partnership and
Destination promotion
and leveraging
January Attracts high LSM from Gauteng and other provinces to come to
Durban during the Festive Season. It renders an opportunity to local
entertainment artists targeting hotel visitors to experience
various option.
30. Gospel All Stars December This is a gospel concert that is staged in commemoration of ending
the year. It has a great following of lovers of the gospel genre who are
then attracted a visitors. It is also a performing platform for emerging
gospel artists who are afforded exposure.
31. Metro FM Music Awards
(MMAs) and MMAs
Public Viewing Area
(PVA)
February Music awards owned by the biggest commercial Radio Station. The
Partnership seeks to yield the robust promotion of the destination
through the radios leadership and also leverage on the media muscle
that Metro FM has.
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DESTINATION PROMOTION PARTNERSHIPS
PROGRAMS
Profile and Motivation
32. Lions of Zulu UK tour February This is a United Kingdom tour by local group of African artists in
promoting the Durban destination in the UK. It entails performances
in various schools and community shows that promote the
destination. They have in the past also had engagements with the
various local leadership of the City’s in the UK.
33. Lovers and Frinds February This is a leisure program for visitors for the month February as the
month of love. This is part of the Durban Summer love campaign that
runs from September to March and visitors come in the month of love
to celebrate their love in Durban.
34. Endless Summer
Experience
March Endless Summer Experience is an event that boasts that destination
and the various ongoing campaigns from Durban Tourism and
endless summer in Durban
35. Youth in Tourism
Development and Youth
Tourism Experience
Promotion.
Various periods of
the Year
This is a youth developmental program aimed as empowering youth
through the tourism sector as aligned to the radical economic
transformation. It will happen through various activations and
programs that are run and owned youth within the Durban Area
including townships. The aim is to develop young program organizers
in various platforms to support youth as they showcase the various
talent of the youth in music and also afford the various economic
development opportunities to the youth of eThekwini.
36. Durban Picnic Day Annually Easters
Weekend
A family orientated event that provides the Durban visitors some
entertainment during Easter weekend as they visit Durban. The day
is also characterized as a family fun day which allows the visitors to
travel as a collective family at all times during the festive season. It
also affords a platform for local artists to perform on stage hence
getting exposure and promoted social cohesion and is converges
Durban’s cultural diversity population in one event.
37. Tour Durban Cycle April A cycle race within Durban of exposing the various attractions of the
City. This destination exposure is through the attraction of cycle
lovers and mass media exposure.
38. Zakifo Music Festival May Zakifo is a music festival that brings the world’s biggest international
musicians to Durban. The event has a diverse and eclectic program
ranging from pop to reggae and world music as well as indigenous
sounds from Africa and the Indian Ocean Islands. The event boasts an
innovative urban festival concept
39. Iron Man June IronMan is an international triathlon with a half marathon taking
place in Durban. The event boasts participants of a high LSM. The
event is a gruelling swim, run and cycle event that has a spectacular
public participation as spectators.
40. Comrades Marathon June This is an international marathon that attracts thousands of athletes
from around the world. The destination exposure is through the live
media broadcast, post media coverage, activations culminating to the
marathon and on the day as well as the accompanying relatives of the
athletes into Durban.
TOTAL BUDGET OF R 34 893 730 PER ANNUM OVER THE MTREF PERIOD.
Following the Budget Speech by Her Worship the Mayor, a debate ensued on
the above-mentioned recommendations of the Executive Committee with the
budget not being favourably received by some Councillors, highlighting the
following issues:
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● Stagnant rates base and tariff increases amounting to three billion rand
that was to the detriment of ratepayers.
● Decrease in the provision of houses in comparison to previous years,
including a backlog in the issue of Title Deeds.
● A contention that shortage in delivery of electricity and water connections
and increase in tariffs was being further compounded by service delivery
protests, strike actions, land invasions and escalating crime.
● The spillage of sewer in the harbour that posed a health hazard.
● Poor collection of rates with a suggestion that payment schemes be
implemented to encourage payment.
● Increase in Government and Parastatal debt was a matter of huge
concern.
● Employee related costs, namely; Metro Police overtime and projected
borrowings towards the Capital Budget.
● Catalytic Projects having fallen off the “radar”.
● Revenue Management System being in total disarray and amongst other
things, increase in unfunded mandates, housing loan consumer
expenditure exceeding purchases and increase in bad debt.
The dissolution of the Finance Committee was viewed with scepticism especially
as Sections 23(1)(a) and 23(2)(b) of the Municipal Finance Management Act
made provisions for a budget to be interrogated in an endeavour to respond to
the needs of the communities. It was felt that corruption and looting of
Council’s resources required drastic intervention for a clean administration.
In conclusion it was pointed out that there had been no material changes
to the budget.
Majority of the Councillors were in favour of the budget and congratulated
Her Worship the Mayor on a well-presented budget especially as 2019 was
viewed as the year of increased service delivery that would eventually surpass
delivery from previous years. It was pointed out that this Council had within its
three-year term committed itself to remove transit camps and reduce water loss.
Attention was drawn to the budget being compiled against a backdrop of slow
economic growth with clarity being provided that the recruitment of
approximately 400 Metro Police Officers would resolve the current overtime in
that Unit. In advising that the Land Invasion Unit had embarked on a process
to prevent incidents of land invasion, a point was made that this was being
fuelled by certain Political Parties. The establishment of Police Forums would
address the issues of crime and taxi/hostel conflicts. On the matter of rates
rebates, a policy was in effect to address the poor and pensioners.
It was further pointed out that issues related to Provincial competencies was
currently work in progress. The budget was balanced, tested and fulfilled all
requirements especially the poorest of the poor to receive basic services.
Catalytic projects were a legacy of the previous administration that was being
addressed, especially around the Council Chamber, Central Library, etc.
It must however be noted that huge strides had been made in terms of the Mall
of the West, cited as one of the biggest developments of the City, upgrade and
extension of the promenade and sod turning for a hotel development at the
Point. In terms of housing development throughout eThekwini, plans were afoot
to have that realised within this term of office of the current Council.
In conclusion, due cognisance should be taken that the acceleration of catalytic
projects would contribute to job creation within the City.
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Following debate, the matter was put to the vote. With 181 Councillors present
116 Councillors (ANC- 109, IND- 4, AIC – 2 and APC- 1) voted in favour and
65 Councillors (DA – 47, IFP - 10, EFF – 6, MF – 1 and DLC – 1) voted against.
There were no abstentions recorded.
The above recommendations of the Executive were, by the majority vote,
ADOPTED.
8. APPROVAL OF FINAL DRAFT 2019/2020 INTEGRATED DEVELOPMENT
PLAN (IDP) (2/10/1/1/9)
(Page 98 and Letter circulated separately)
COMMITTEE RECOMMENDS:
That Council adopts the 2019/20 Integrated Development Plan (IDP) of the
eThekwini Municipality reviewed in line with the requirements of the Municipal
Systems Act No 32 of 2000 to facilitate inclusive transformational and
developmental issues within the eThekwini Municipal area, and it being recorded
that inputs received from stakeholders have been taken into account in
finalizing the IDP.
It was noted that this item had been considered in conjunction with the Budget.
As some Councillors were not in support of the above recommendations of the
Executive Committee the matter was put to the vote. With 181 Councillors
present 116 Councillors (ANC- 109, IND- 4, AIC – 2 and APC- 1) voted in
favour and 65 Councillors (DA – 47, IFP - 10, EFF – 6, MF – 1 and DLC – 1)
voted against. There were no abstentions recorded.
The above recommendations of the Executive were, by the majority vote,
ADOPTED.
9. REVIEW OF ELECTRICITY TARRIFS 2019/2020 (7/6/1/2)
(Page 103)
With the Democratic Alliance (02) and Inkatha Freedom Party (01) voting against
and the African National Congress (06) voting in support,
COMMITTEE RECOMMENDS:
9.1 That Council of the eThekwini Municipality resolves in terms of Section 75A of the
Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that with effect
from 2019-07-01 the tariffs set out in Annexure A and Annexure B of the
report 2578 compiled by the Head: Electricity Unit dated 2019-05-13 will be levied.
9.2 That subject to the adoption of .1 above, the City Manager be directed to comply
with the provisions of Section 75A 3 and 4 of the said Act.
It was noted that this item had been considered in conjunction with the Budget.
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As some Councillors were not in support of the above recommendations of the
Executive Committee the matter was put to the vote. With 181 Councillors
present 116 Councillors (ANC- 109, IND- 4, AIC – 2 and APC- 1) voted in
favour and 65 Councillors (DA – 47, IFP - 10, EFF – 6, MF – 1 and DLC – 1)
voted against. There were no abstentions recorded.
The above recommendations of the Executive were, by the majority vote,
ADOPTED.
10. INTERGRATED DEVELOPMENT PLAN (IDP) 2018/2019 MID TERM
AMENDMENTS TO THE ORIGANAL SERVICE DELIVERY AND BUDGET
IMPLEMENTATION PLAN (SDBIP) (2/10/1/1/9)
(Page 139)
COMMITTEE RECOMENDS:
That Council adopts corrections made to the Integrated Development Plan 2018/19
mid-term amendments in relation to Plans 1; 2; 3; 4; 6A and 6B to ensure accurate
reporting in this regard.
It was noted that this item had been considered in conjunction with the Budget.
As some Councillors were not in support of the above recommendations of the
Executive Committee the matter was put to the vote. With 181 Councillors
present 116 Councillors (ANC- 109, IND- 4, AIC – 2 and APC- 1) voted in
favour and 65 Councillors (DA – 47, IFP - 10, EFF – 6, MF – 1 and DLC – 1)
voted against. There were no abstentions recorded.
The above recommendations of the Executive were, by the majority vote,
ADOPTED.
11. PROGRESS REPORT ON REQUEST TO BORROW R1.0 BILLION FOR
CAPITAL PROJECTS (7/3/1/1/2)
(Page 151)
Council initiated a process required to borrow funds for capital projects. The process
has since been concluded and this is a final submission confirming the finalization
of the process to raise the loan with Nedbank. The National Treasury and the
KwaZulu-Natal Provincial Treasury have been consulted accordingly in this regard.
Members of the Democratic Alliance (02) reiterated their vote on this matter as they
were against the raising of the loan of this nature. A Member of Inkatha Freedom
(01) Party voted against the matter and requested copies of the correspondence
received from National and Provincial Treasury on this matter.
Members of the African National Congress (06) supported the matter as they were
satisfied that necessary formalities have been complied with.
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Accordingly,
COMMITTEE RECOMENDS:
11.1 That approval be granted to the raising of the long term debt of R1.0 Billion from
Nedbank to finance capital expenditure as set out in the approved Medium Term
Revenue and Expenditure framework for 2018/2019- 2019/2020 on the Terms and
Conditions as set out in the Loan Agreement.
11.2 That subject to the approval of .1 above, the City Manager be authorized to sign the
loan agreement.
11.3 That subject to .1 and .2 above the Deputy City Manager: Finance be authorized to
sign any and all documents, notices and request for disbursement in relation to
this loan.
ADOPTED.
12. BUDGET STATEMENT REPORT FOR THE MONTH ENDED 30 APRIL 2019
(Page 211)
Confirmation was given that the issue of the Tansnat debt was being dealt with
in terms of the adjudication process as per the decision taken previously and the
process will be followed to obtain an update and report accordingly.
COMMITTEE RECOMENDS:
That the Budget Statement Report for the month ended 30 April 2019, submitted in
compliance with Section 71 of the Municipal Finance Management Act (MFMA)
and in terms of Government Notice 32141 dated 2009-04-17, relating to the Local
Government: Municipal Finance Management Act 2003 and the Municipal Budget
and Reporting Regulations, be noted.
NOTED.
13. DURBAN CHAMBER OF COMMERCE AND INDUSTRY- CITY
PARTNERSHIP PROJECTS
(Page L9)
Members of the Democratic Alliance abstained on this matter and stated that a need
existed to determine the rationale behind approving financial support to the Durban
Chamber of Business. They were of the view that the activities the Chamber
is committing to could be undertaken internally by the Economic Development Unit,
hence the funds could be used to supplement the budget of this Unit.
With the majority supporting additional expertise for investment promotion,
COMMITTEE RECOMENDS:
13.1 That Council approves partnership between eThekwini Municipality and the Durban
Chamber of Commerce and Industry (DCCI) to drive investment and development
in the City of eThekwini.
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13.2 That subject to the approval of .1 above, authority be granted to the City Manager to
conclude and sign a Memorandum of Agreement (MOA) with DCCI to give effect to
the above.
13.3 That subject to the approval of .1, authority be granted to the Deputy City Manager:
Economic Development and Planning, in terms of Section 67 of the Municipal
Financial Management Act (MFMA) and in accordance with the MOA, to disburse
funds to DCCI amounting to R3 440 000.00 (Three Million Four Hundred and Forty
Thousand Rand), excluding VAT, to undertake the partnership projects.
Business
Unit
Item Item
Subset
Fund Costing Project Region Expenditure
Proposed (VAT incl.)
Financial
Year(s)
91000 25030 17 12120 0000 38886 0010 R506 666.66 2018/2019
91000 25030 17 12120 0000 38886 0010 R933 333.34 2019/2020
26103 25030 17 12120 0000 38840 0010 R1000 000 2018/2019
26103 25030 17 12120 0000 38840 0010 R1000 000 2019/2020
Total R3 440 000
Vote Numbers: 91000.25030.17.12120.0000.38886.0010 (FC 2019/18/74)
26103.25030.17.12120.0000.38886.0010 (FC 2019/18/60)
ADOPTED.
______________________
(Councillor TJ Luthuli, Chairperson of the Municipal Public Accounts
Committee, presented the Report of the Municipal Public Accounts Committee).
______________________
REPORT OF THE MUNICIPAL PUBLIC ACCOUNTS COMMITTEE:
MEETING HELD ON 2019-05-22
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Municipal Public Accounts Committee
Work Programme 2019/2020
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TABLE OF CONTENTS
1. OUR MANDATE 3
2. IDP, BUDGET AND MUNICIPAL PERFORMANCE 5
3. ANNUAL FINANCIAL STATEMENTS 5
4. ANNUAL REPORT PROCESS 6
5. IN-YEAR REPORTING 6
6. AUDIT COMMITTEE 6
7. 2019/2020 MPAC WORK PROGRAMME 7
This Work Programme outlines the activities that will be undertaken by eThekwini Municipality’s
Public Accounts Committee in the 2019/2020 financial year.
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Our Mandate
The key functions of the Municipal Public Accounts Committee are:
1. To review the municipal annual report with specific focus on the report of the
auditor general;
2. To hold the municipal Executive and Administration accountable for their
implementation of municipal policies and budget;
3. To develop recommendations to improve municipal finance administration.
National Treasury and the Department of Cooperative Governance and Traditional Affairs in their
Guideline advise that the functions of MPAC are:
1. To consider and evaluate the content of the annual report and to make recommendations
to Council when adopting an oversight report on the annual report;
2. In order to assist with the conclusion of matters that may not be finalised, information
relating to past recommendations made on the Annual Report must also be reviewed.
This relates to current in-year reports, including the quarterly, mid-year and
annual reports;
3. To examine the financial statements and audit reports of the municipality and municipal
entities, and in doing so, the committee must consider improvements from previous
statements and reports and must evaluate the extent to which the Audit Committee’s and
the Auditor General’s recommendations have been implemented;
4. To promote good governance, transparency and accountability in the use of
municipal resources;
5. To recommend or undertake any investigation in its area of responsibility, after
reviewing any investigation report already undertaken by the municipality or the Audit
Committee; and
6. To perform any other functions assigned to it through a resolution of council within its
area of responsibility.
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Our Terms of Reference as approved by Council are:
1.1 To examine the following documents:
(a) Audit Reports on Annual Financial Statements of the Municipality and its Entities;
(b) Audit opinion, other reports and recommendations from the Audit Committee;
(c) Any reports issued by the Auditor General on the affairs of the Municipality and its
Entities;
(d) Any report on the outcome of any investigation relating to the financial affairs of the
Council;
(e) The annual reports and information on performance of the Municipality and of any
Municipal Entity under the Municipality’s shared or sole control;
(f) The Mayor’s quarterly reports on the implementation of the budget and the financial
state of affairs of the Municipality; and
(g) Any other financial statements or reports referred to us by the Council;
(h) Any information relating to personnel; books of account, records, assets and
liabilities of the Council and to any other source of relevant information that may
be required for the purpose of fulfilling its mandate;
(i) Information in respect of any disciplinary action taken in terms of the Municipal
Finance Management Act.
(j) Report on and/or make recommendations in relation to any of the reports or financial
statements which it may examine to Council.
1.2 To report on and/or make recommendations in relation to any of the reports or financial
statements which it may examine to Council.
1.3 In our examination (mentioned in .2 above) we must take into account previous statements
and reports and consider the degree to which previously identified shortcomings have been
rectified and report our findings to Council.
1.4 To initiate and develop the Annual Oversight Report on the Municipality’s Annual Report.
1.5 To initiate investigations into any matter falling within its terms of reference including
projects requested by the Executive Committee and Council. To recommend or undertake
any investigation after reviewing any investigation report already undertaken by the
Municipality or Audit Committee.
1.6 To consider any Audit Committee recommendations referred to us and render an opinion on
such recommendations.
1.7 To hold meetings that are open to the public unless we agree to have a closed
session/in-Committee.
1.8 To co-opt advisory members or experts to advise us in our deliberations provided that such
persons may not vote on any matter.
1.9 To call upon/summon Councillors; Officials; Department Heads and/or Heads of Municipal
Entities to assist us in the execution of our functions.
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IDP, Budget and Municipal Performance
A municipal council is required to review its integrated development plan (IDP) annually. We will
ensure that the review is undertaken.
As the annual budget of a municipality must be informed by the IDP adopted by the municipal
council we will review the draft annual budget to ensure that is aligned to the IDP.
We will monitor the preparation of the annual performance plan.
The implementation of the budget and the performance of the municipality will be monitored by
examining the following documents:
1. Monthly budget statements
2. Quarterly reports
3. Mid-year budget and performance assessment reports of the municipality and entities
4. Annual report
Annual Financial Statements
We will examine the annual financial statements of the Municipality and its Entities and ensure that
they have been submitted timeously to the Auditor General.
In addition, we will ensure that the necessary disclosures have been made in the financial statements
including:
1. salaries, allowances and benefits of political office bearers, Councillors and boards of
directors of municipal entities;
2. any arrears owed by individual Councillors to the municipality or entity for rates and
services, which at any time were outstanding for more than 90 days;
3. salaries allowances and benefits of the municipal manager, CEOs of municipal entities, CFO
and every senior manager;
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Annual Report Process
As the Auditor General’s report is our key oversight tool, we will:
1. Obtain a briefing on the audit findings, identified problems and recommendations from the
Auditor General;
2. Refer matters to the Audit Committee for investigation;
3. Prepare and refer policy matters to relevant Committees for their perspective and input;
4. Refer preliminary questions with time frames to the City Manager;
5. Analyse responses to preliminary questions;
6. Call upon the City Manager and Heads of Units to respond and to act upon audit queries and
recommendations;
7. Hold public hearings;
8. Compile the Oversight Report;
In-year monitoring
During the course of the year we will invite the City Manager to report on:
1. Policy and budget implementation;
2. Implementation of audit recommendations and Council resolutions;
3. Unforeseen and unavoidable expenditure
4. Unauthorised, irregular, fruitless and wasteful expenditure;
5. Disciplinary action instituted in terms of the MFMA
6. Implementation of investigation recommendations.
Audit Committee
The technical expertise, support and advice provided by the audit committee in its quarterly reports
and engagements with us will assist us to fulfil our mandate and to capacitate us.
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MUNICIPAL PUBLIC ACCOUNTS COMMITTEE (MPAC) WORK PLAN: 2019/2020
Deliverable Statutory
References
Purpose July
2019
Aug
2019
Sept
2019
Oct
2019
Nov
2019
Dec
2019
Jan
2020
Feb
2020
Mar
2020
April
2020
May
2020
June
2020
Responsibilit
y
1 Municipal Finance Management Act
(MFMA)
1.1 Unforeseen and unavoidable
expenditure:
● Interrogate reports of any
unforeseen and unavoidable
expenditure incurred including
proof of the necessary
appropriation in an adjustment
budget
MFMA s29 For review and
recommendation
to Council
X X CFO
1.2 Unauthorised, irregular or fruitless
and wasteful expenditure:
● Interrogate reports of any
unauthorised, irregular or
fruitless and wasteful
expenditure by the Council, the
Mayor, Executive Committee or
any political office bearer of the
municipality
● Obtain reports from the
Municipal Manager on all steps
taken to either authorise or
certify the payment or to recover
or write off the expenditure
MFMA s32 For review and
recommendation
to Council
X X X Mayor and
City
Manager
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Deliverable Statutory
References
Purpose July
2019
Aug
2019
Sept
2019
Oct
2019
Nov
2019
Dec
2019
Jan
2020
Feb
2020
Mar
2020
April
2020
May
2020
June
2020
Responsibilit
y
● Receive reports from the
Municipal Manager on whether
any criminal action was instituted
in this regard and report to the
Council on the appropriateness
of any criminal or civil steps
taken and reported where no
further action was taken and why
1.3 The quarterly report of the mayor
on the implementation of the
budget and state of affairs of the
municipality/SDBIP:
● Interrogate the quarterly report of
the Mayor on the implementation
of the budget and the state of
affairs of the municipality and
recommendations be made to
Council
● Ensure that necessary
amendments to the SDBIP are
attended to by the Mayor and
submitted to Council with
proposals for the budget
MFMA s52(d) For review and
recommendation
to Council
X X X X Mayor, CFO
and City
Manager
1.4 Monthly budget statements:
● Interrogate the monthly budget
statements and report any matter
of concern on the statement to
the Council
MFMA s71 For review and
recommendation
to Council
X X X X X X X X X X X X Mayor, CFO
and City
Manager
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Deliverable Statutory
References
Purpose July
2019
Aug
2019
Sept
2019
Oct
2019
Nov
2019
Dec
2019
Jan
2020
Feb
2020
Mar
2020
April
2020
May
2020
June
2020
Responsibilit
y
1.5 Mid-year budget and performance
assessment:
● Interrogate the Municipality’s
mid-year budget and
performance assessment and
submit comments on the
assessment to the Council
MFMA s72 For review and
recommendation
to Council
X Mayor, CFO
and City
Manager
1.6 Mid-year budget and performance
assessment of the municipal
entities:
● Interrogate the Entities mid-year
budget and performance
assessment reports and report
matters of concern to the Council
MFMA s88 For review and
recommendation
to Council
X Mayor, CFO
and City
Manager
1.7 Disclosures concerning Councillors, directors and officials:
● In interrogating the annual
financial statements, ensure that
the necessary disclosures were
made in the financial statements,
including:
Salaries, allowances and
benefits of political bearers
and Councillors of the
Municipality
MFMA s124 For review and
recommendation
to Council
X City
Manager
and CFO
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Deliverable Statutory
References
Purpose July
2019
Aug
2019
Sept
2019
Oct
2019
Nov
2019
Dec
2019
Jan
2020
Feb
2020
Mar
2020
April
2020
May
2020
June
2020
Responsibilit
y
Arrears owed by individual
Councillors by the
Municipality for more than 90
days
Salaries, allowances and
benefit of the Municipal
Manager, CFO, DCMs and
Senior Managers
Salaries, allowances and
benefits of the board of
Directors of Municipal
entities
Salaries, benefits and
allowances of the chief
Executive Officer and Senior
Managers of Municipal
entities
1.8 Submission and auditing of
annual financial statements:
● Receive the annual financial
statements of the Municipality
and all its entities that are
submitted to the Auditor General
of South Africa (AGSA)
MFMA s126 For review and
recommendation
to Council
X CFO and
City
Manager
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Deliverable Statutory
References
Purpose July
2019
Aug
2019
Sept
2019
Oct
2019
Nov
2019
Dec
2019
Jan
2020
Feb
2020
Mar
2020
April
2020
May
2020
June
2020
Responsibilit
y
1.9 Submission of the annual report:
● Receive the annual report no
later than the second of February
2020.
● Monitor that the annual report
has been submitted to the
AGSA, as well as the provincial
government departments
required and has been published
for comment
MFMA s127 X City
Manager
1.10 Oversight report on the annual
report:
● Consider the annual report and
prepare a draft oversight report
to be submitted to the Council for
purposes of adopting the
oversight report
MFMA s129
N.T. Circular 32
For review and
recommendation
to Council
X X X City
Manager
1.11 Issues raised by the Auditor
General in audit reports:
● Interrogate report prepared to
address issues raised by the
AGSA and make
recommendations to the Council
MFMA s131 For review and
recommendation
to Council
X X X X City
Manager
and CFO
1.12 Audit Committee:
● Interrogate audit committee
reports to be informed of matters
requiring the attention of the
Council and to be capacitated
X X X X
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Deliverable Statutory
References
Purpose July
2019
Aug
2019
Sept
2019
Oct
2019
Nov
2019
Dec
2019
Jan
2020
Feb
2020
Mar
2020
April
2020
May
2020
June
2020
Responsibilit
y
1.13 Disciplinary action instituted in
terms of the MFMA:
● Monitor that all disciplinary
processes instituted for the
contravention of the MFMA are
brought to conclusion and report
to Council where matters are not
dealt with effectively and
timeously
For review and
recommendation
to Council
X X X X X X X X X X X X Mayor and
City
Manager
2 2.1 SCM Regulations
Monitor the implementation of
the SCM Policy
SCM s6(2)a(i) For monitoring X X X X X X X X X X X X CFO and
City
Manager
2.2 External Service Provider
Performance
Monitor the review of the
performance of external service
providers
MFMA s116(2)b For monitoring X X X X City
Manager
3 Interrogate the following aspects
addressed in Municipal Systems Act
Mayor and
City
Manager
3.1 Annual review of the IDP:
● Monitor whether EXCO has
initiated the annual review of the
IDP
MSA s34 For review and
recommendation
to Council
X X X Mayor and
City
Manager
- 2002 - (eThekwini Municipality
Council Minutes - 2019-05-29)
Deliverable Statutory
References
Purpose July
2019
Aug
2019
Sept
2019
Oct
2019
Nov
2019
Dec
2019
Jan
2020
Feb
2020
Mar
2020
April
2020
May
2020
June
2020
Responsibilit
y
3.2 Monitor that the annual budget is
informed by the IDP:
● Review the draft annual budget
and ensure that it is informed by
the IDP adopted by the municipal
Council
Regulation 6 of
LGMPPMR
For review and
recommendation
to Council
X X Mayor, CFO
and City
Manager
3.3 Monitor that all declaration of
interest forms are completed by
Councillors:
● Monitor whether all Councillors
have completed their declaration
of interest forms and updated
them where necessary
MSA s54 read
with item 7 of
Schedule 1
For monitoring X X Speaker and
City
Manager
4 MPAC Annual Plan:
Prepare an annual work plan for
2020/2021
Approval by
Council
X X Chairman of
MPAC
5 Capacity Building:
Attend training courses as
outlined in the MPAC Skills
Development Plan
Attend the annual conference of
the Association of Public
Accounts Committees
Undertake visits to other
Municipalities; Provincial
Legislature and National
Legislature
As and when
required
MPAC
Secretariat
and Office of
the Speaker
- 2003 - (eThekwini Municipality
Council Minutes - 2019-05-29)
Deliverable Statutory
References
Purpose July
2019
Aug
2019
Sept
2019
Oct
2019
Nov
2019
Dec
2019
Jan
2020
Feb
2020
Mar
2020
April
2020
May
2020
June
2020
Responsibilit
y
6 Oversight Visits:
Undertake oversight visits to
ensure accountability and
compliance with good
governance within the
Municipality and its Entities
As and when
required
MPAC
Secretariat
7 Performance Monitoring:
Evaluate the Committee’s
performance
X MPAC
8 Special Meetings:
To conduct public hearings
To consider issues raised by the
Auditor General
To consider outstanding matters
To consider matters reported to
MEC
As and when
required
MPAC
Secretariat
9 Municipal Standard Charter of
Accounts (MSCOA):
Monitor the progress of the
implementation of MSCOA
For monitoring X X X CFO
The Work Programme of the Municipal Public Accounts Committee, as indicated in its aforesaid Report, was ADOPTED.
- 2004 - (eThekwini Municipality
Council Minutes - 2019-05-29)
REPORT OF COMMITTEE DECISIONS
Decisions of Committees reflected below have been reported to Council by way of circulating
minutes of such Committees to each Member of the Council:-
1. CENTRAL EMPLOYMENT EQUITY AND SKILLS DEVELOPMENT
COMMITTEE
Meeting held on : 2019-04-17
2. COMMUNITY SERVICES COMMITTEE
Meeting held on : 2019-04-11
3. ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE
Meeting held on : 2019-03-14
4. EXECUTIVE COMMITTEE
Meetings held on : 2019-03-19
: 2019-03-26
: 2019-03-28
: 2019-04-26
: 2019-04-29
5. GOVERNANCE AND HUMAN RESOURCES COMMITTEE
Meeting held on : 2019-03-13
6. HUMAN RESOURCES DEVELOPMENT SUB-COMMITTEE: TREASURY AND
OFFICE OF THE CITY MANAGER
Meeting held on : 2019-03-20
7. HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE
Meetings held on : 2019-02-05
: 2019-02-25
8. LOCAL LABOUR FORUM: TREASURY AND OFFICE OF THE CITY MANAGER
Meetings held on : 2019-02-21
: 2019-03-20
: 2019-03-20 (Workshop)
: 2019-04-18
- 2005 - (eThekwini Municipality
Council Minutes - 2019-05-29)
9. SECURITY AND EMERGENCY SERVICES COMMITTEE
Meetings held on : 2019-03-20
: 2019-04-17
10. SPEAKER’S COMMITTEE
Meetings held on : 2019-02-25
: 2019-03-25
: 2019-04-29
11. UNIT LOCAL LABOUR FORUM: FIRE & EMERGENCY SERVICES AND
MANAGEMENT & EMERGENCY CONTROL
Meetings held on : 2019-03-12
: 2019-04-16
: 2019-05-14
12. UNIT LOCAL LABOUR FORUM: WATER AND SANITATION
Meetings held on : 2019-03-19
NOTED.
_______________
ITEMS FOR NOTING
The Items for Noting, reflected on Pages 38 to 42 of the Agenda were
NOTED.
__________________
The meeting terminated at 16:00
CONFIRMED AT THE MEETING OF THE ETHEKWINI COUNCIL ON 2019-06-27
SPEAKER