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KRR(2015-12-03)(SAM)[CHALL-135313] 2015-12-07

COUNCIL DECISION CIRCULAR : MEETING HELD ON 2015-12-03

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2015-12-03.

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

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

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

- 2 - (eThekwini MunicipalityCouncil Decisions - 2015-12-03)

1. FIRST REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2015-11-17

1.1 REQUEST FOR APPROVAL FOR THE MAYOR, SENIOR POLITICAL OFFICE BEARERS AND OFFICIALS OF THE ETHEKWINI MUNICIPALITY TO ATTEND THE 7 TH AFRICITIES SUMMIT AND CITEXPO 2015 IN JOHANNESBURG, SOUTH AFRICA, 29 NOVEMBER - 03 DECEMBER 2015 (14/1)

(Page 63)

With the Executive Committee Members HU De Boer and ZM Mncwango dissenting on the basis of the high rate of expenditure with regard to the attendance at the above-mentioned Summit,

COMMITTEE RECOMMENDS:

That authority be granted for a delegation of the eThekwini Municipality, comprising Councillors and Officials and led by His Worship the Mayor, Councillor James Nxumalo, to attend the 7thAfricities Summit and Citexpo from 2015-11-29 to 2015-12-03 in Johannesburg, South Africa, it being recorded that the Speaker and the City Manager will respectively nominate Councillors and relevant Officials to attend such Summit and determine the budget thereof.ADOPTED, by a majority vote.

1.2 GAZETTING OF THE DRAFT DURBAN BAY ESTUARINE MANAGEMENT PLAN FOR PUBLIC COMMENTS (32/1/4/2)

(Page 165)


That the letter dated 2015-09-16, received from Director-General of the Department of Environmental Affairs advising that such Department is in the process of gazetting the Draft Durban Bay Estuarine Management Plan (EMP) for public comments in accordance with the Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) and the National Estuarine Management Protocol as prescribed in the Act as part of its mandate to manage estuaries within the Republic of South Africa in a co-ordinated and efficient manner, be noted and be referred to all Support Committees for information.NOTED.

1.3 AUDIT COMMITTEE QUARTERLY REPORT AS AT 31 MARCH 2015 AND 30 JUNE 2015 (2/10/1/1)

(22)

The Executive Committee received a report comprising findings identified by the Audit Committee during the Third and Fourth Quarters of the 2014/15 financial year. Thereafter, the Committee raised the following salient points:-

(i) The reliability of decisions by the City Integrity and Investigations Unit in relation to the almost erroneous payment to a contractor.


(ii) The issues around the Revenue Management System and lack of accountability in certain Clusters due to the vacant positions for Deputy City Managers having not been filled.

(iii) Issues relating to irregular expenditure and the absence of financial details in reports submitted for noting purposes.

(iv) The need for the Executive Committee to re-address the issue of conflict of interest and reverse its earlier decision in the appointment of the Board Member in question at the Inkosi Albert Luthuli International Convention Centre.

(v) Concerns around DMTP with the possibility of engaging private investors to revitalise the City, the call for high level intervention in the relationship between DMTP and SAAMBR and exploring other options in respect of an incorrect decision to implement IRPTN.

(vi) Investigate the issues that contribute to the huge water loss to the City.

(vii) The need for centralised contract management to effectively manage the finances of the City.

The City Manager acknowledged the comments made by the Committee and confirmed that certain processes were already underway to address some of the findings identified.

Therefore


1.3.1 That the Audit Committee Report for the Third and Fourth Quarters ending 31 March 2015 and 30 June 2015, respectively, submitted in terms of Section 166 (2) of the Municipal Finance Management Act No. 56 of 2003, to advise Council on the activities of the Audit Committee and the results of its quarterly reviews of the systems of internal control; risk management; financial management; performance and financial reporting; organizational performance management and evaluation; internal audit function and outcomes; fraud and corruption matters brought to the attention of the Committee, be noted.

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

(a) Revenue Management System (RMS)(b) IT Governance(c) Integrated Rapid Public Transport Network (IRPTN)(d) Housing : Budget Implementation(e) Water Loss(f) Performance Management(g) Irregular Expenditure(h) Contract Management


(i) Review of AFS(j) Asset Management(k) Reliability of Records: Reconciliations of ERP systems interfaces(l) Durban Marine Theme Park (DMTP) Five (5) Year Strategic Plans(m) DMTP Annual Financial Statements(n) Inkosi Albert Luthuli ICC : Governance Review : Conflict of Interest(o) Appointment of Company Secretary :Inkosi Albert Luthuli ICC (p) Finalisation of Inkosi Albert Luthuli ICC Shareholders’ Compact(q) Appointment of New Board Members :Inkosi Albert Luthuli ICC(r) Inkosi Albert Luthuli ICC : Performance InformationRecommendation 1.3.1 NOTED and Recommendation 1.3.2 ADOPTED.

1.4 REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD ON 2015-11-03

(Page R1)

1.4.1 Request for Authority to Transfer Funds for the Ntuzuma C Trunk Sewer Relay Project: Y8101: Ward 45: WS2015/139 (23/2/1/1):(Page 22 : Human Settlements and Infrastructure Committee - Agenda 2015-11-03)


1.4.1.1 That subject to obtaining quotations and tenders where necessary, authority be granted for the implementation of project Y8101, Ntuzuma C Trunk Sewer Relay.

1.4.1.2 That for the reasons stated in the report of the Head : Water and Sanitation dated 2015-08-24, authority be granted to the Deputy City Manager : Finance to include in his Adjustments Budget report, the transfer of R1. 2 Million from project Y6111 Amanzimtoti Old Main Road Sewer Reticulation to Project Y8101 Ntuzuma C Trunk Sewer Relay.

Cost Centre: 65510; R1 2 Million; (To be met by savings via an Adjustment Budget from project Y6111)

Project No.: Y8101; FC No.: 65/C02ADOPTED.

1.4.2 WS 2015/138: Amagcino Elevated Tank - Supply and Installation of 60 Kilolitre Steel Panel Elevated Tank and Pipelines: Ward 98 (23/1/11/3/1):(Page 23 : Human Settlements and Infrastructure Committee - Agenda 2015-11-03)


1.4.2.1 That subject to compliance with Supply Chain Management Regulations, authority be granted for the construction of one 60 kilolitre elevated tank and pipelines at an estimated cost of R8 500 000.00 (Eight Million Five Hundred Thousand Rand Only) (excluding VAT).

1.4.2.2 That the Deputy City Manager: Finance be authorised to include in his Adjustments Budget report the transfer of R6 200 000.00 (Six Million Two Hundred Thousand Rand Only) from project X7223 – Ensimbini Reservoir and R2 300 000.00 (Two Million Three Hundred Thousand Rand Only) from project X2679 – Blackburn Reservoir to project X4774 – Amagcino Elevated Tank in the 2015/16 financial year.


1.4.2.3 That the Head : Real Estate be authorised 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.

1.4.2.4 That subject to the adoption of .3above, it be noted that the approval of the Bid Adjudication Committee will be sought to deviate from Supply Chain Management Regulations for the Head : Real Estate to negotiate directly with the property owner for acquisition of the property in question using Section 36(1)(a)(ii) of the Supply Management Regulations.

1.4.2.5 That in the event of the negotiations being unsuccessful, the Head : Real Estate be authorised to expropriate the affected property.

1.4.2.6 That in the event of the 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 Statements in terms of Section 36(2) of the Municipal Supply Chain Management Regulations.

1.4.2.7 That the existing Jojo tank is in working condition and be returned to the Water Plant Department for reuse.

Cost Centre : 69200; R6 200 000.00; (To be met by savings via an Adjustment Budget from project X7223 in 2015/16)

R2 300 000.00; (To be met by savings via an Adjustment Budget from project X2679 in 2015/16)

Project No.: X4774; FC No.: 64/C04ADOPTED.

1.4.3 Rehabilitation and Desludging of Maturation Ponds at the Northern Wastewater Treatment Works: WS 2015/099 (23/1/11/2/1/2):(Page 25 : Human Settlements and Infrastructure Committee - Agenda 2015-11-03)


1.4.3.1 That subject to obtaining quotations and tenders where necessary, authority be granted for the implementation of Project Y8119: Desludging of maturation ponds at the Northern Wastewater Treatment Works as per details reflected in the report WS.2015/099 of the Head : Water and Sanitation dated 2015-06-05.

1.4.3.2 That subject to the adoption of .1 above, and in order to meet additional expenditure in the financial years 2015/16 and 2016/17, the Deputy City Manager : Finance be authorised to include in his Adjustments Budget report, the transfer of R3 000 000.00 (Three Million Rand Only) in 2015/2016 from project Y7048 and R10 000 000 (Ten Million Rand Only) in 2016/17 from Project Y6972 (excluding VAT) to Y8119.

Project No.: Y8119; R 3 000 000.00; (To be met by savings via an Adjustment Budget from project Y7048 in 2015/16)

R10 000 000.00; (To be Provided in 2016/17 Capital Budget via a transfer from Y6972)

FC No.: 65/C06ADOPTED.


1.4.4 WS 2015/137: Authority to Construct Water Projects (7/1/2/1):(Page 27 : Human Settlements and Infrastructure Committee - Agenda 2015-11-03)


1.4.4.1 That subject to the invitation of tenders or quotations where necessary, the Block Sum Projects listed in the report WS 2015/137 of the Head : Water and Sanitation dated 2015-09-01, be approved.

1.4.4.2 That subject to the adoption of .1above, the Head: Finance Expenditure be authorised to include in his Adjustments Budget report the transfer of funds from the Capital Block Sums Projects to individual projects as reflected in the report.

1.4.4.3 That subject to the adoption of .1 above, and in order to met excess expenditure and other anticipated work in this financial year, the Head : Finance Expenditure be authorised to include in his Adjustments Budget report the transfer of R27 145 000.00 (Twenty Seven Million One Hundred and Forty Five Thousand Rand Only) from Watermains Replacement block sum to Relays and Extensions block sum as reflected in the report.

1.4.4.4 That subject to the adoption of .1 above, the Head : Real Estate be authorised to negotiate for the acquisition of, or to expropriate if necessary, the servitudes and/or land required for construction of water infrastructure for the projects in question.

Reservoir refurbishments R4 950 000.00 To be met by vote Transfer 2015/16 (Project X5188)

Labour Based Construction R2 130 000.00 To be met by vote Transfer 2015/16 (Project X4257)

Pumpstation Upgrades R1 002 439.00 To be met by vote Transfer 2015/16 (Project X4215)

Unicity Water Dispensers R50 000.00 To be met by vote Transfer 2015/16 (Project X4247)

Relays and Extensions. R55 221 800.00 To be met by vote Transfer 2015/16 (Project X4217)

Replacement of Water Pipes R2 500 000.00 To be met by vote Transfer 2015/16 (Project X4889)

Project No’s.: Various; Cost Centre: 69100 and 69200; FC No. 64/C05ADOPTED.

1.4.5 Reclamation and Re-Use of Treated Wastewater - Way Forward WS 2015/117 (23/2/1/4/1/1):(Page 31 : Human Settlements and Infrastructure Committee - Agenda 2015-11-03)

The Committee requested that a study tour be undertaken by Councillors and officials to visit the Windhoek Municipality as well as the Westcoast Municipality in Africa with a view to exploring other possible options in as far as re-use of Treated Wastewater is concerned and also to copy best practices which would enable Council to take an informed decision. It was further requested that an international tour which would be identified by the Head: Water and Sanitation be also undertaken. It was advised that the appointment of a consultant to examine the public concerns would


be held in abeyance until the study tour had been undertaken which would provide guidance concerning the process to be followed. Further, that the engagement of the consultant was dependent upon the outcome of the study whether to follow the option of assured supply of potable water or the disposal of treated wastewater.


1.4.5.1 That the report by the Head : Water and Sanitation dated 2015-07-27 relative to the Reclamation and Re-Use of Treated Wastewater, be noted.

1.4.5.2 That authority be granted for the Head : Water and Sanitation in consultation with the Chairperson of the Human Settlements and Infrastructure Committee to arrange a study tour to visit Windhoek Municipality, Westcoast Municipality and an International Country with a view to exploring other possible options in as far as the re-use of treated wastewater is concerned.

1.4.5.3 That subject to the approval of .2 above, a multi-party delegation of Councillors be formulated to attend the study tour.Recommendation 1.4.5.1 NOTED and Recommendations 1.4.5.2 and 1.4.5.3 ADOPTED.

1.4.6 IRPTN – C3B Corridor – Replacement and Realignment of Trunk Water Main from Josiah Gumede Road, Pinetown (23/1/11/1/1/2): (Page 37 : Human Settlements and Infrastructure Committee - Agenda 2015-11-03)


1.4.6.1 That authority be granted for the urgent replacement and realignment of the 450 diameter trunk water main currently located in Josiah Gumede Road in Central Pinetown to be prioritised due to risks associated with the construction and operation of the Integrated Rapid Public Transport Network C3 Route.

1.4.6.2 That, subject to the adoption of .1 above, authority be granted for a shared contribution to the construction costs in the ratio of one third eThekwini Water and Sanitation and two thirds eThekwini Transport Authority.

1.4.6.3 That subject to adoption of .2 above, the project will initially be funded by the eThekwini Transport Authority via existing budget provisions with eThekwini Water and Sanitation transferring their contribution from future savings to be identified in their Capital Budgets.

1.4.6.4 That subject to adoption of .2 and .3 above, authority be granted to proceed with the project.

P8528.74185.18000 R10.5 million Provided 2015/16FC No. 50/C003ADOPTED.


1.4.7 Budget Adjustment: Contract No. WS 6145: Electron Road Waste Management Facility: SW 2015/017 (7/1/2/2 & 24/8/2/1/2):(Page 40 : Human Settlements and Infrastructure Committee - Agenda 2015-11-03)


That for the reasons stated in the report WS2015/017, authority be granted to the Deputy City Manager : Finance to include in his Adjustments Budget report, the transfer of R619 693.42 (Six Hundred and Nineteen Thousand Six Hundred and Ninety Three Rand and Forty Two Cents Only) from Project Number WBU 11 to Project Number WEL02 for payment for the release of retention and additional work in respect of Electron Road Waste Management Facility.

Vote: WEL 02 R619 693.42 (To be provide via an adjustments budget 2015/16 from WBU11)

FC No. 66/C05ADOPTED.

1.4.8 Application to Sell Portion 2 of Erf 648 Stanmore to the KwaZulu-Natal Department of Human Settlements for Displaced Trader Purposes (17/2/1/2/3):(Page 49 : Human Settlements and Infrastructure Committee - Agenda 2015-11-03)

Following an in-loco inspection of the land in question


1.4.8.1 That the Municipality declares in terms of Section 14 (6) of the Municipal Finance Management Act (MFMA) 56 of 2003 read together with Regulation 20 of the MFMA Asset Transfer Regulations that of Portion 2 of Erf 648 Stanmore in extent 5965 square metres be transferred to the KwaZulu-Natal Department of Human Settlements for the onward sale and transfer to displaced traders U Naicker, A. Naidoo, K Naidoo and P Gounder at a purchase price of R178 950.00 (One Hundred and Seventy Eight Thousand Nine Hundred and Fifty Rand Only) (excluding Value Added Tax).

1.4.8.2 That the price has been calculated in terms of existing Displaced Trader Programme i.e.:- R30.00 (Thirty Rand) per square metre.

1.4.8.3 That a suitably worded condition in favour of the Municipality be included as a restriction in Title in respect of Portion 2 Erf 648 Stanmore. This condition is to be carried forward in title when transfer takes place from the Department to the displaced traders.

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


1.4.9 Clermont Town Centre Redevelopment Project: Land Expropriation to Create Link Road BetweenZazi and Krause Roads (17/2/1/1/4):(Page 61 : Human Settlements and Infrastructure Committee - Agenda 2015-11-03)



1.4.9.1 That an offer and payment of 100% of the Municipality’s assessed compensation as reflected below, less any amount owed to the Municipality, be paid to the respective Expropriatees or to the Master of the High Court where applicable, in terms of Section 11(1) of the Expropriation Act No. 63 of 1975:-

Property Description

Property Owner/ Expropriatee

Extent Market Value (Excl. VAT)

Solatium (Excl. VAT)

100% Assessed Compensation (Excl. VAT)

Proposed Portion [A] of Erf 1077 Clermont

TC Mafoko 18m² R 3 000 R 300 R 3 300

Proposed Portion [A] of Erf 86 Christianenburg

R Ndelu 42m² R 6 000 R 600 R 6 600

Erf 84 Christianenburg

Berliner Missiongesellschaft

929m² R100 000 R10 000 R110 000

1.4.9.2 That an offer and payment of 80% of the Municipality's assessed compensation as reflected below, be paid to the respective Expropriatees or to The Master of the High Court where applicable, in terms of Section 11(1) of the Expropriation Act No. 63 of 1975:-

Property Description

Property Owner/ Expropriatee

Extent Market Value (Excl. VAT)

Solatium (Excl. VAT)

80% Assessed Compensation (Excl. VAT)

Erf 1078 Clermont

Estate Late TC Ngcece

and

Estate Late S Sithole

502m² R500 000 R30 000 R424 000

Erf 1079 Clermont

MD Khuzwayo and 3 others

502m² R450 000 R27 500 R382 000

Erf 85 Christianenburg

Estate Late LR and SH Dolphin

929m² R490 000 R29 500 R415 600

1.4.9.3 That subject to adoption of 2. above, the balance of 20% less any outstanding amounts due to the Municipality be paid as soon as the Municipality has be provided with vacant occupation of the respective expropriated properties

Project S1030 R1767 000 (Excl. VAT) (To be met via 2014/2015 adjustment budget ex.S1029

FC No.: 18/CA37ADOPTED.


1.4.10 Proposed New eThekwini Municipality: Sewage Disposal By-Law 2015 (1/1/3/1/28):(Page 114 : Human Settlements and Infrastructure Committee - Agenda 2015-11-03)


That the eThekwini Municipality: Sewage Disposal By-law 2015 be approved for final publication in Ezasegagasini Metro and the Provincial Gazette, with the By-law taking effect on the date of publication thereof in the Provincial Gazette. ADOPTED.

1.4.11 Work in Excess of R500 000: Electrical Reticulation of Informal Settlement at 30 Chiltern Drive (Rainbow Ridge) Reservoir Hills, Ward 23, Drawing Number 2601113 (27/2/3//2)(Page L5 : Human Settlements and Infrastructure Committee - Agenda 2015-11-03)


That authority be granted to Head: Electricity to incur expenditure estimated at R1 094 075.00 (One Million and Ninety Four Thousand and Seventy Five Rand Only) through the normal goods and services procurement process to carry out the construction of the medium and low voltage reticulation in order to provide a supply of electricity to approximately 177 customers in Ward 23, at Chiltern Drive (Rainbow Ridge), Reservoir Hills.

DL 2601113 : R1 094 075.00To be provided in the 2015/2016, Capital Estimates FC No.:79/CA1584ADOPTED.

1.4.12 Work in Excess of R500 000: Transfer of the Remaining Electrical Load to Randles Major Substation Phase 3, Ward 30 and 31, Drawing Number 2277669 (27/2/R):(Page L6 : Human Settlements and Infrastructure Committee - Agenda 2015-11-03)


That authority be granted to the Head: Electricity to incur expenditure estimated at R8 322 589.00 (Eight Million Three Hundred and Twenty Two Thousand Five Hundred and Eighty Nine Rand Only) through the normal goods and services procurement process to carry out the necessary construction in order to supply the new customers.

DL 2277669 : R8 322 589.00To be provided in the 2015/2016, Capital Estimates FC No.:79/CA1588ADOPTED.


1.4.13 Proposed Closure and Private Treaty Sale of Portion [A] of the Farm Assagay Kraal No. 853: Kearsney College Road: Bothas Hill (17/2/1/2/3):(Page L7 : Human Settlements and Infrastructure Committee - Agenda 2015-11-03)



1.4.13.1 That the Municipality declares in terms of Section 14 of the Municipal Finance Management Act 56 of 2003 that:-

1.4.13.1.1 Proposed Portion A of the Farm Assagay Kraal No. 853 Keasney College Road, Bothas Hill is not required for providing the minimum level of basic Municipal services; and

1.4.13.1.2 The open market value of the property is currently assessed at a value of R880 000.00 (Eight Hundred and Eighty Thousand Rand Only) exclusive of VAT and economic and community values been considered.

1.4.13.2 That Portion (A) of the Farm Assagay Kraal No. 853 be formally transferred to eThekwini Municipality.

1.4.13.3 That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, Portion (A) of the Farm Assagay Kraal No. 853 in the Durban Entity, Province of KwaZulu-Natal in extent approximately 1.3382 Ha (13,382m²) depicted on Plan SJ 4634/1 be sold in freehold by private treaty Kearsney College Trust, (Registration Number IT 2847/1983/PMB) at a price of R880 000.00 (Eight Hundred and Eighty Thousand Rand Only) exclusive of VAT, such purchase price reflecting the current market value of the land as assessed by a registered Valuer.

1.4.13.4 That an occupational levy of 10% of the purchase price be paid by Kearsney College in respect of the occupation of Portion (A) of the Farm Assagay Kraal No. 853.

1.4.13.5 That in terms of Section 211 of Ordinance 25 of 1974 the road area depicted on Plan SJ 4634/1 be permanently closed subject to all costs in connection therewith being borne by Kearsney College Trust whether the application for deproclamation is successful or not, and in this regard a deposit of R12 000.00 (Twelve Thousand Rand Only) is to be lodged with the City Treasurer to cover the estimated costs of survey and deproclamation.

1.4.13.6 That the rezoning of Proposed Portion (A) of the Farm Assagay Kraal No. 853 from Road to Educational purposes shall be undertaken by the Purchaser.

1.4.13.7 That should the deproclamation and/or rezoning not be successful the contract as attached to the report by the Head: Real Estate dated 2015-08-05, shall ipso facto lapse and neither party shall have any claim whatsoever against the other on account thereof.

1.4.13.8 That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in order to formally sell Portion (A) of the Farm Assagay Kraal No. 853 to Kearsney College Trust in terms of Section 36(1)(a)(v) of the Supply Chain Management Regulations.


1.4.13.9 That in the event of objections being lodged to the proposed disposal of Portion (A) of the Farm Assagay Kraal No. 853, the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy headed “Resolution of Disputes, Objections, Complaints and Queries”.

1.4.13.10 That in the event of the sale not being finalized within six (06) months from the date of Council authority being granted, the Head: Real Estate be authorized to review the purchase price in line with the current market value of the property where there has been a change in the market value.

1.4.13.11 That the Head: Real Estate be authorized to sign all documents necessary to conclude the agreement.ADOPTED.

1.5 REPORT OF THE FINANCE AND PROCUREMENT COMMITTEE: MEETING HELD ON 2015-11-12

(Page R8)

1.5.1 Visit to other Metropolitan Councils: Finance and Procurement Committee (3/2/1):(Page 15 : Finance and Procurement Committee Agenda : 2015-11-12)

The Finance and Procurement Committee advised of the need for it to visit and meet with its counterparts of other Metropolitan Councils to share and discuss, inter-alia, the following issues:-

(a) Terms of Reference of the Finance Committee.(b) Functions.(c) Bench marking of best practices in finance.(d) Policies in respect of Supply Chain Management (SCM), Credit Control and

Debt Policy and Indigent Policy.

At the Finance and Procurement Committee meeting, whilst the Members of the Democratic Alliance supported the visit in principle, they however expressed the view that the visit should be undertaken by the future Councillors (post 2016 Local Government Elections) of the Finance and Procurement Committee. However the majority of Councillors were of the view that the visit be undertaken by the current Members of this Finance and Procurement Committee.

In that regard Councillors ABeetge, TP Collins, RJ Crouch, RD Mcpherson and J Singh requested that their dissenting votes be recorded.

However, when this matter was considered by the Executive Committee, Executive Committee Members Mncwango and De Boer expressed similar views as expressed by their colleagues at the Finance and Procurement Committee meeting.

Thereafter, with Executive Committee Members Mncwango and De Boer dissenting,


That in an endeavour to enhance the efficient operation of the eThekwini Municipality’s Finance and Procurement Committee, authority be granted for a


multi-party delegation of 16 (sixteen) Councillors from the aforesaid Committee to visit the Johannesburg, Tshwane and Ekhurhuleni Metropolitan Councils over a period of 3 (three) consecutive days, on a date to be determined, to share and discuss issues that affect the Finance and Procurement Committee, at a total cost of approximately R82 500.

Vote No.: 32123.11960; FC No.: 08/24.ADOPTED, by a majority vote

1.5.2 Durban Pension Fund : Administrator's Services Agreement (7/5/2):(Page 44 : Finance and Procurement Committee Agenda : 2015-11-12)

The Durban Pension Fund is one of the Pension Funds to which employees of the Municipality may belong. It has been noted that the Municipality’s Finance Unit has for many years provided an administration service to the Fund. However, mainly for economic reasons, the Board of Trustees of the Fund has decided to terminate the agreement with the Municipality and to appoint a Third Party to administer the Fund.


1.5.2.1 That the Council agrees to enter into an administration services agreement with the Durban Pension Fund and Alexander Forbes; and

1.5.2.2 That subject to the adoption of 1.above, the City Manager be authorized to sign the agreement on behalf of the Council.ADOPTED.

1.5.3 Service Delivery and Budget Implementation Plan (SDBIP) Quarterly Reporting: 30 September 2015 (2/10/1/1/1): (Page 92 : Finance and Procurement Committee - Agenda 2015-11-12)


That the Service Delivery and Budget Implementation Plan in respect of the Finance and Procurement Cluster, for the quarter ended 2015-09-30, be adopted.ADOPTED.

1.5.4 Quarterly Report on Withdrawals from Municipal Bank Account in Terms of the Municipal Finance Management Act (7/7/R & 11/1/2):(Page 107 : Finance and Procurement Committee Agenda : 2015-11-12)


That in terms of Section 11 (4) of the Municipal Finance Management Act, the quarterly report on withdrawals from the Municipal Bank Account, as per the report of the City Manager dated 2015-10-12, be noted.NOTED.


1.5.5 Budget Statement Report for the Period Ending 2015-09-30 (7/1/4):(Page 204: Finance and Procurement CommitteeAgenda : 2015-11-12)


That the Budget Statement Report for the month ending 2015-09-30, submitted by the City Manager as per his report dated 2015-10-06 in compliance with Section 71 of the Municipal Finance Management Act (MFMA) and in terms of Government Notice 32141 dated 17 April 2009, relating to the “Local Government: Municipal Finance Management Act, 2003, be noted.NOTED.

1.5.6 Monthly Report on Awards Made by the City for the Month of September 2015 (9/1/3):(Page 333: Finance and Procurement Committee Agenda : 2015-11-12)


1.5.6.1 That the monthly report of the City Manager dated 2015-10-05, relative to awards made by the City for the month of September 2015, as presented, be noted.

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

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

1.5.6.4 That the City Manager shall table a report 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 1.5.6.1, 1.5.6.2 and 1.5.6.3 NOTED and Recommendation 1.5.6.4 ADOPTED

1.5.7 Monthly Report on Awards Made by the City for the Month of October 2015 (9/1/3):(Page 351: Finance and Procurement Committee Agenda : 2015-11-12 and Page 127 of the Executive Committee Agenda : 2015-11-17)


1.5.7.1 That the monthly report of the City Manager dated 2015-11-02, relative to awards made by the City for the month of October 2015, as presented, be noted.

1.5.7.2 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.


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

1.5.7.4 That the City Manager shall table a report 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 1.5.7.1, 1.5.7.2 and 1.5.7.3 NOTED and Recommendation 1.5.7.4 ADOPTED

1.5.8 Revision of Rental :Micawber 240 (Pty) Ltd : Lease 1 on Lease Erf 12512 Durban: 41 Somtseu Road, Durban (FILE REF: Lease 23/2) (7/6/1/5):(Page 172 : Finance and Procurement Committee Agenda : 2015-11-12)


1.5.8.1 That the rental in respect of the land described as Lease 1 on Lease Erf 12512 Durban, Registration Division FU, in the Durban Entity, Province of KwaZulu-Natal, in extent approximately 1,1822 hectares, as depicted on Lease Diagram SG 3941/2001, held by Micawber 240 (Pty) Ltd, for the five year period, 17 March 2015 to 16 March 2020, be R204 000.00 (Two Hundred and Four Thousand Rand) per month (exclusive of VAT) for the first year, escalating by 8% per annum for the ensuing four years.

1.5.8.2 That all costs of documenting the revision of rental be borne by Micawber 240 (Pty) Ltd.

1.5.8.3 That the Head: Real Estate be authorized to sign all documents pertaining to the revision of rentalADOPTED.

1.5.9 Proposed Lease of Property : Department of Public Works : 10, Street 120892, KwaMashu - P (REF. 17/2/1/2/3/12-P) (17/2/1/2/5):(Page 174 : Finance and Procurement Committee Agenda : 2015-11-12)


1.5.9.1 That in terms of Section 14 (6) of the Municipal Finance Management Act the property described as Proposed Lease over Erf 654 KwaMashu-P, Registration Division FT, Province of KwaZulu-Natal, in extent approximately 3494m² as depicted on Plan SJ 4711/1 be leased to the Department of Public Works for a period of five years at a market related rental, upon terms and conditions to be agreed upon between the Head : Real Estate and the said Department.

1.5.9.2 That all costs in connection with the granting of the lease shall be borne by the Department of Public Works.

1.5.9.3 That the Head : Real Estate be authorised to sign all documents pertaining to the lease.ADOPTED.


1.5.10 Proposal to Integrate Moses Mabhida Stadium Under Inkosi Albert Luthuli International Convention Centre (31/2/1/5/2):(Page 184 : Finance and Procurement Committee Agenda : 2015-11-12)


1.5.10.1 That the proposal to integrate the Moses Mabhida Stadium under Inkosi Albert Luthuli International Convention Centre, subject to such Convention Centre’s formal, written acceptance thereof, be approved.

1.5.10.2 That subject to 1.above, the City Manager be authorized to finalize the integration process in accordance with relevant Municipal Legislation and Policies.WITHDRAWN on the basis that the matter was dealt with by the Executive Committee.

1.5.11 Report on Investments (7/11/4):(Page L23: Finance and Procurement Committee Agenda : 2015-11-12)


That the report on the investments of the eThekwini Municipality as at 2015-09-30, submitted by the City Manager as per his report dated 2015-10-06 and as per the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.NOTED.

1.5.12 Report on Investments (7/11/4):(Page L24: Finance and Procurement Committee Agenda : 2015-11-12)


That the report on the investments of the eThekwini Municipality as at 2015-10-31, submitted by the City Manager as per his report dated 2015-11-06 and as per the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.NOTED.

1.6 ETHEKWINI MUNICIPALITY 2016/2017 DRAFT RATES POLICY (7/2/P)

(Page 235)


1.6.1 That the proposed amendments to the Draft Rates Policy for the 2016/2017 financial year as reflected in the report of the City Manager dated 2015-10-22, be approved in principle, in order for such Policy to be made public, for comment in terms of Section 4 of the Local Government: Municipal Property Rates Act No. 6 of 2004.

1.6.2 That the implications of the Local Government: Municipal Property Rates Amendment Act No. 29 of 2014 in respect of prohibition on the levying of Rate on certain categories of Public Service Infrastructure, be noted.


1.6.3 That the Rates and Valuation implications, as a result of the Municipal Property Rates Amendment Act 29 of 2014, relating to the Properties owned by an Organ of State and used for public service purposes, be effected in the next General Valuation Roll.

1.6.4 That the Deputy City Manager : Finance be requested to make presentations to the various Party Caucuses on the proposed amendments to the Draft Rates Policy mentioned in .1 above.ADOPTED.

1.7 AUTHORITY FOR HOSTING TWO BAFANA BAFANA MATCHES IN DURBAN: THE FIFA WORLD CUP 2018 QUALIFIER AND AFCON 2017 QUALIFIER (13/2/1/1/1 & 33/1/1)

(Page 300)

In discussion, the Executive Committee Member De Boer suggested that in view of the Moses Mabhida Stadium not being filled to capacity, the Municipality engage with SAFA to provide complimentary tickets to under-privileged children.


1.7.1 That authority be granted for the eThekwini Municipality to host the 2018 FIFA World Cup Qualifier between Bafana Bafana and Angola on Tuesday, 2015-11-17 at the Moses Mabhida Stadium.

1.7.2 That authority be granted for the eThekwini Municipality to host the 2017 Africa Cup of Nations (AFCON) Qualifier between Bafana Bafana and Cameroon on Tuesday, 2016-03-29 at the Moses Mabhida Stadium.

1.7.3 That, subject to the approval of .1 and .2 above, authority be granted for the City Manager to enter into agreement with the South African Football Association for the hosting of the two (2) matches referred to in .1 and .2 above.

Vote No. Financial Year Budget Amount Required Amount

14001.10569.00003 2015/2016 R2 662 500.00 R5 800 000.00

FC No.: 31/197ADOPTED.

1.8 REQUEST TO AUTHORIZE EVENT LEVERAGING AND DESTINATION PROMOTION THROUGH EVENT FUNDING AND PARTNERSHIPS DURING THE DURBAN SUNSATIONAL SUMMER SEASON AND EASTER SEASON (20/1/4/3)

(Page L26)


1.8.1 That Council approves funding in the amount of R13 566 000-00 (Thirteen Million Five Hundred and Sixty Six Thousand Rand) to partner with Event Organisers to host events outlined in the table below:-


EVENT NAME PERIOD OF OCCURRENCE

PARTNERSHIP INVESTMENT (EXCL.VAT)

Ulwazi Hammersdale Festival 25-27 November 2015 R500 000.00

b) The Metro FM Music Awards (MFMA)

b) MFMA Public Viewing Area (PVA)

27 February 2016 R2 300 000.00 (Excluding VAT), ICC venue hire

R200 000.00 for Moses People Park venue hire

The Royalty Soapie Awards March 2016 R1 400 000.00 (Excluding VAT), ICC venue hire

International Jazz Extravaganza (IJE) March 2016 R3 500 000.00 (Excluding VAT), ICC venue hire

South African Music Awards 22 April 2016 R4 000 000.00 (Excluding VAT), ICC venue hire

Total Amount Excluding VAT R11 900 000.00

VAT R1 666 000.00

Total Including VAT R13 566 000.00

1.8.2 That the City Manager be granted authority to negotiate and conclude contracts with the various event owners of the Sunsational Summer season events and Easter season.

1.8.3 That subject to the approval of .1 and .2 above, the Head : Business Support, Tourism and Markets be requested to keep the Council informed of progress and the outcome thereof.

1.8.4 That the Head : Business Support, Tourism and Markets be authorised to negotiate a percentage profit share on the tickets income with Event Organizers, where applicable.ADOPTED.

2. SECOND REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2015-11-24

2.1 REPORT OF THE COMMUNITY AND EMERGENCY SERVICES COMMITTEE: MEETING HELD ON 2015-11-20

(Page R1)

2.1.1 Holiday Safety : Separated Children's Programme (28/1/2/1):(Page 34 : Community and Emergency Services Committee - Agenda 2015-11-20)

The Community and Emergency Services Committee considered a report dated 2015-09-23 by the City Manager in the above regard, the purpose of which was to seek authority to implement the Safer Cities Plan that related to the Festive Management Plan for the city during the festive season commencing from the 2015-12-01 to 2016-01-30.


Some of the objectives of this Plan was to promote safety of children on the beach during the festive season, reduce the number of children who are separated from their caregivers or parents and to promote a co-ordinated intervention by all stakeholders to encourage child safety.

At the Executive Committee meeting clarity was given that financials have been reported only on the item being procured by Safer Cities for this event. The participation by Economic Development and Planning on this event was still to be ascertained as per the request by the Deputy Mayor.


2.1.1.1 That the implementation of the Separated Children Programme during the Festive Season commencing from 2015-12-01 to 2016-01-30, the objective of which is to, inter alia, promote safety of children on the beach during the festive season, reduce the number of children who are separated from their Caregivers or parents and to promote a co-ordinated intervention by all Stakeholders to encourage child safety, be approved.

2.1.1.2 That the Committee approves the budget of R198 000.00 (One Hundred and Ninety Eight Thousand Rand Only) for the procurement of the armbands for the children.

Vote No.: 24511.06911 FC No.: SCO002/15-16

Financial Implications:

ITEM QUANTITY UNIT PRICE

RESPONSIBLE DEPARTMENT

COST

Arm bands 88 000 R2.25 Safer Cities iTrump Unit R198 000.00

Sling Bags Parks and Recreation

Ambassadors Stipend Durban Tourism

Child Minders Stipend Parks and Recreation

Uniform Durban Tourism and Department of Parks and Recreation

TOTAL R198 000.00

ADOPTED.

2.1.2 Request for Health Unit’s Kloof Clinic Project Authority (30/1/1/1):(Page 40 : Community and Emergency Services Committee - Agenda 2015-11-20)

The Committee was advised that the Health Unit is currently utilising a park home as a clinic in Kloof and the said Unit had therefore set aside a budget to build a new clinic in the area which would adequately cater for the needs of the community.


2.1.2.1 That the project authority to obtain land/site, identified in Kloof in order to build a structural clinic within the highway area, for the Health Unit's Kloof Clinic be approved.


DESCRIPTION OF GOODS/SERVICES

2015/2016 2016/2017 2017/2018 TOTAL COST TO COUNCIL

Design & documentation

R325 515 00, 00

Construction work R4 000 000, 00 R9 000 000, 00 R13 200 000, 00

2.1.2.2 That provision also be made during the 2017/18 financial year to cater for additional staff to the existing establishment as well as for furniture and equipment.

DESCRIPTION OF HUMAN RESOURCES

FINANCIAL YEAR 2017/2018 ESTIMATED COSTS

Professional Nursing Services x 3 R 91 919, 55 (21426.47*43% = 30639.85 * 3)

Enrolled Nurse x 2 R 46 100, 46 (16119.04*43% = 23050.23 * 2)

General Assistant x 1 R 11 316, 02 (7913.30*43% = 11316.02 * 1)

Total Costs R 149 336, 03

ADOPTED

2.1.3 Fast Track Cities Initiative (FTCI) of Ending the AIDS Epidemic by 2030 (30/1/10/4):(Page 46 : Community and Emergency Services Committee - Agenda 2015-11-20)

The Community and Emergency Services Committee was advised that the Fast-Track Cities Initiative (FTCI) aimed to build upon and leverage existing HIV programmes and resources to strengthen city-wide responses to end the AIDS epidemic by 2030 and cities were uniquely positioned to develop locally relevant, locally tailored and locally led strategies that responded directly to the needs of vulnerable populations within the urban context.

The meeting would be cost-shared among the City of Durban, United Nations of AIDS Programme (UNAIDS) and the International Association of Providers of AIDS Care (IAPAC). The City of Durban had committed to cover the costs of the venue and meeting equipment as well as ground transport.


That the City of Durban's participation in the Fast Track Cities Initiative (FTCI) of ending the AIDS epidemic by 2030, be approved.


1. Conferencing R300 000, 002. Gala Dinner R80 000, 003. Ground transport from City Fleet R10 000, 00

Vote Number : 23037.06828ADOPTED.


2.1.4 Service Delivery and Budget Implementation Plan (SDBIP) Quarterly Reporting: 30 September 2015 (2/10/1/1/1): (Page 81 : Community and Emergency Services Committee - Agenda 2015-11-20)


That the Service Delivery and Budget Implementation Plan in respect of the Community and Emergency Services Cluster, for the quarter ended 30 September 2015, be noted.NOTED.

2.2 REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE : MEETING HELD ON 2015-11-19

(Page R2)

2.2.1 Moratorium on Demarcating New Trading Sites and Issuing of New Street Trading Permits Within Restricted Trading Areas in eThekwini Municipality Area (16/1/1/2):(Page 16 : Economic Development and Planning Committee - Agenda 2015-11-19)

During consideration of the issue pertaining to a moratorium in place, concern was raised at the Executive Committee on what is regarded as inconsistency in its implementation thus having some traders receiving with others not receiving trading permits. In response, clarity was given that a 3-year extension in moratorium is being proposed to address issues pertaining to street trading, including over-crowding which leads to traders with legitimate trading permit being deprived the business opportunity. It was then clarified that the moratorium is not applicable in new developments, hence, trading permits were issued when a mall for instance is being open.

On this basis,


2.2.1.1 That the outcome of the informal trading survey to enable a process of proper planning and zoning of special areas, be supported.

2.2.1.2 That the extension of twelve (12) months to a further thirty six(36) months moratorium on demarcating new trading sites and issuing of new permits in existing management zones or restricted areas in order to enable a process of rolling out the proposed layouts and trading stall designs, be supported.

2.2.1.3 That subject to the adoption of .1 and .2 above, the Head: Business Support, Tourism, and Markets Unit be requested to keep the Committee informed of progress concerning implementation of the proposed trading stall layouts and structures.ADOPTED.


2.2.2 Pinetown South Local Area Plan, Functional Area Plan and Scheme Review (September) (21/4/1):(Page 37 : Economic Development and Planning Committee - Agenda 2015-11-19)


2.2.2.1 That the final Pinetown South Local Area Plan and Scheme Review (September 2015) for the eThekwini Municipality as a recipient of the Integrated City Development Grant (ICDG) and has identified Greater Pinetown South Local Area as an area in need of strategic intervention due to their prevailing status as R293 townships be approved.

2.2.2.2 That it be noted that the townships located within this local area are all dormitory townships with old stock housing, informal settlements, as well as recently built low cost social housing.Recommendation 2.2.2.1 ADOPTED and Recommendation 2.2.2.2 NOTED.

2.2.3 KwaMashu A (Tembalihle/Duffs Rd) Regeneration Plan (14 August 2015) (20/1/3/1):(Page 56 : Economic Development and Planning Committee - Agenda 2015-11-19)


2.2.3.1 That as the study area is seen as development priority in view of forming part of National Treasury’s Neighborhood Development Partnership Grant priority nodal township development area, the final KwaMashu A (Thembalihle/ Duffs Road) Regeneration Plan (14 August 2015), be approved.ADOPTED.

2.2.4 Transfer of Funds from BSTMU to SEDA eThekwini (20/1/7/6):(Page 112 : Economic Development and Planning Committee - Agenda 2015-11-19)


2.2.4.1 That the City Manager be authorised to enter into a Memorandum of Agreement (MOA) with SEDA (Small Enterprise Development Agency) eThekwini for the disbursement of funds to cater for small business development programs.

2.2.4.2 That funds be transferred to SEDA- eThekwini subject to the signing of a Memorandum of Agreement by the City Manager and the Chief Executive Officer of SEDA- eThekwini.

2.2.4.3 That the Head: Business Support, Tourism & Markets Unit be authorised to transfer the sum of R3 127 812.00 (Three Million One Hundred and Twenty Seven Thousand Eight Hundred and Twelve Rand Only) for 2015/2016 to SEDA- eThekwini for the implementation of programs in terms of Section 67 of the Municipal Finance Management Act (MFMA) No. 56 of 2003.


2.2.4.4 That subject to .3 above, the Head: Real Estate conclude a new three-year lease by means of direct negotiations with SEDA- eThekwini.

2.2.4.5 That subject to the approval of .1 and .3 above, the Head: Business Support, Tourism & Markets Unit be authorised to monitor the work and report back to the Economic Development and Planning Committee in terms of the Memorandum of Agreement and Section 67 of the Municipal Finance Management Act No. 56 of 2003.

Vote No.: 26503.11425 R4 546 080.00 (Provided 2015/16)Vote No.: 26503.11425 R4 773 384.00 (Provided 2016/17)Vote No.: 26503.11425 R5 012 053.00 (Provided 2017/18)

FC No.: 32/08ADOPTED.

2.2.5 National Solar Water Heater Programme (27/1/2/1/7):(Page 297 : Economic Development and Planning Committee - Agenda 2015-11-19)


2.2.5.1 That the participation of eThekwini Municipality in the new National Solar Water Programme, be supported.

2.2.5.2 That subject to .1 above, the Energy Office reporting to Human Settlements and Infrastructure for the National Solar Water Heater programme be supported.WITHDRAWN on the basis that this matter appears on Page 34 of these Decisions, Item 3.2.5.

2.2.6 Tourism Organisations Development Programme:(Page 323 : Economic Development and Planning Committee - Agenda 2015-11-19)

At the Executive Committee meeting it was enquired whether assessment was undertaken by the City to determine areas frequented by tourists. The meeting was informed that the organisations were responsible for promoting tourism within their respective locations, but that the City can request a specific programme to guide promotional activities in different areas.


2.2.6.1 That the Head: Business Support, Tourism and Markets Unit be duly authorised to proceed with the participation in the Community Tourism Organisations (CTO’s) development programme in accordance with the adopted Strategy.

2.2.6.2 That subject to the adoption of .1 above, the City Manager be authorised to conclude a Memorandum of Agreement with each CTO for the period July 2015 to 30 June 2016.

2.2.6.3 That subject to the adoption of .1 and .2 above, the City Manager be duly authorised to disburse funds as per Table A below to the CTO’s, amounting to R1.8 Million for the 2015/16 financial year in terms of the Memorandum of Agreement and Section 67 of the Municipal Financial Management Act (MFMA).


2.2.6.4 That the Head: Business Support, Markets and Durban Tourism be duly authorised to report on progress on this initiative on an annual basis.

Name of CTO Total Allocation

Umlazi CTO R200 000.00

Clermont CTO R200 000.00

Inanda CTO R200 000.00

Durban West CTO R200 000.00

Durban Central CTO R200 000.00

Umhlanga CTO R200 000.00

1000 Hill CTO R200 000.00

Sapphire Coast CTO R200 000.00

South Durban (Sodurba) CTO R200 000.00

Total R1.8 Million

Vote No.: 53108.10980 R1.8 Million Provided in 2015/16FC No.: 13/10ADOPTED.

2.3 REQUEST TO UTILISE SECTION 116(3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT NO. 56 OF 2003 FOR ADDITIONAL CONTRACT AUTHORITY TO REPAIR ALL FAULTS OCCURING WITHIN ETHEKWINI ELECTRICITY AREA OF SUPPLY DURING A TWENTY FOUR MONTH PERIOD (9/1/3) & 27/1/1/4)

(Page 5)


2.3.1 That, in terms of Section 116(3) of the Municipal Finance Management Act, authority be granted to amend professional services under Contract E.9129 to cover estimated additional costs of R17 812 146.00 (Seventeen Million Eight Hundred and Twelve Thousand One Hundred and Forty Six Rand) which is an increase of 27% from the original contract authority of R65 000 000,00 (Sixty Five Million Rand), for the repair of all faults occurring within eThekwini electricity area of supply during a twenty four month period, for the following reasons:-

2.3.1.1 Contract price adjustment: At the end of the first year of the contract there was an increase of 8% in this contract.

2.3.1.2 Increase in volume of work: There are three main factors which affected the number of faults on the electricity network, namely, theft of infrastructure; illegal connections; and inclement weather. The factors created hazardous conditions and large scale outages thus a need for extra working shifts to ensure security; stability and continuity in the supply of electricity to eThekwini customers.


2.3.1.2.1 Theft of electricity infrastructure:There has been a very high increase in the theft of electricity infrastructure such as conductors, poles etc creating hazardous conditions to customers thus a need to engage faults crew to respond to these conditions to restore supply and provide safe environment.

2.3.1.2.2 Illegal connection: Electricity outages caused by illegal connection to our network has also increased tremendously and faults crew is engaged to make the area safe and restore supply.

2.3.1.2.3 Inclement weather: During bad weather conditions such a storms; strong wind; and excessive heat temperatures the electricity network experience very high number of faults and the crew is immediately dispatched to attend to these outages restoring supply to the affected customers.

2.3.2 That subject to the adoption of .1 above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendment to Contract E.9129 in line with the requirements of Section 116(3) of the Municipal Finance Management Act.

Estimated expenditure: R17 812 146.00; FC No.: 79/2478ADOPTED.

2.4 ETHEKWINI AND NATIONAL WORLD AIDS DAY COMMEMORATION, 27 NOVEMBER AND 01 DECEMBER 2015 (12/9/4)

(Page L28)


2.4.1 That authority be granted for the Deputy City Manager: Community and Emergency Services to incur expenditure in the amount of R481 000.00 (Four Hundred and Eighty One Thousand Rand) for the eThekwini District to commemorate the World Aids Day on 27 November 2015 in Ward 94, KwaMakhutha and funds to be sourced from the office of His Worship the Mayor and the Community & Emergency Services Cluster as per the financial implications outlined in the table below:-

UNIT AMOUNT VOTE NUMBER

Mayor's Office R160 000.00 32111.07855

Community & Emergency Services: Executive Office

R140 000.00 14001.04790

HIV/AIDS: Health R181 000.00 23037.06828

2.4.2 That the eThekwini Municipality participates in the National World Aids Day commemoration driven at the national level and scheduled to take place on 01 December 2015 at the Ugu Sports Leisure Centre, it being recorded that this commemoration serves as a build up to the 2016 International Aids Conference to be hosted in Durban KwaZulu-Natal.

2.4.3 That as part of according respect to all people infected and affected by the HIV/Aids pandemic, all Councillors and relevant officials be invited to participate in the World Aids Day commemoration as reported in .1 and .2 above.ADOPTED.


3. THIRD REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2015-12-02

3.1 REPORT OF THE TOWN PLANNING SUB-COMMITTEE: MEETING HELD ON 2015-11-24

(Page R1)

3.1.1 Combined Application in Terms of the KwaZulu-Natal Planning and Development Act No 6 of 2008 for: (21/7/2):-

1. In Terms of Chapter 3 of the KwaZulu-Natal Planning and Development Act No.6 of 2008 for the Consolidation of Portion 8 of Erf Ashley (Redesignated to Erf 33778 Pinetown), Erf 19222 and Remainder of Erf6679 to Form Erf 33779 all of Pinetown, 12 Shirvic Crescent and 7-9 Marianridge Drive Respectively:

2. In Terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No.6 of 2008 for the Amendment of the Inner West Scheme: Amendment to the Development Facilitation Table of the General Residential Zone to Include a Column for Pinetown, with the Following Controls, Floor Area Ratio: 0.5, Coverage: 30% Height: 3 Storeys, Building Line: 7.5m, Side Space: 3.0m, Rear Space: 4.5m and Minimum Erf Size: 3000m²:

3. In Terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No.6 of 2008 for the Amendment of the Inner West Scheme by Rezoning of Proposed Portion 33779 Pinetown, 12 Shirvic Crescent and 7-9 Marianridge Drive from Special Residential 1 to General Residential:

(Page 18 :Town Planning Sub-Committee - Agenda 2015-11-24)


3.1.1.1 That the application in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 42(3) of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) the amendment to the Inner West Scheme by the addition of the Development Facilitation Table of the General Residential Zone to include a column for Pinetown, with the following controls, Floor Area Ratio: 0.5, Coverage: 30% Height: 3 Storeys, Building Line: 7.5m, Side Space: 3.0m, Rear Space: 4.5m and Minimum Erf Size: 3000m2 situated at 12 Shirvic and 7-9 Marianridge Drive,be approved.

3.1.1.2 That the following reasons be considered for approving the Scheme amendment:-

3.1.1.2.1 The amendment will create an opportunity to introduce high density in residential areas on the border of the Central Business District, Industrial and Mixed Use Areas.

3.1.1.2.3 The introduction of an additional built form that is compatible in Pinetown and gives people the opportunity for different residential types.

3.1.1.2.4 It will be consistent with other areas within the Inner West Region.ADOPTED.


3.1.2 South Scheme: Application in Terms of Chapter 2 of the KwaZulu-Natal Planning and the Development Act No.6 of 2008 Read in Conjunction with the Spatial Planning & Land Use Management Act (Act No.16 of 2013) for Amending Restrictive Condition 11 in the South Scheme from 4 (Four) Storeys to Five (5) Storeys Relating to General Residential 2 (21/7/4): (Page 96 : Town Planning Sub-Committee - Agenda 2015-11-24)


3.1.2.1 That the application in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 42(3) of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013), the amendment to the South Scheme by amending restrictive condition 11 in the Facilitation Table of the General Residential 2 Zone to read as follows:-

“11. Amanzimtoti: Erven 260 and 261 are restricted to 5 storey”, be approved.

3.1.2.2 That the following reasons be considered for approving the application:

3.1.2.2.1 The site is ideally located and is accessible to road networks in the area.

3.1.2.2.2 The use of the site will still remain residential in nature.

3.1.2.2.3 The proposed amendment will not have a negative impact on the amenity of the area.

3.1.2.2.4 The proposed development will not only provide additional housing, but it will also add value and enhance the immediate and surrounding amenity of the area.

3.1.2.2.5 The adjacent sites located on the Southern boundary of the application sites are also zoned General Residential 2 with no height restriction.

3.1.2.2.6 The Education site directly across the site has a 10-storey height restriction.

3.1.2.2.7 The proposed amendment is in keeping with the City’s Integrated Development Plan (IDP) which encourages harmonious development as it will complement the surrounding zonings.

3.1.2.2.8 The merits of the application (as outlined in Chapter 2, Section 12 of the KwaZulu-Natal Planning and Development Act of 2008) have been demonstrated.ADOPTED.

3.1.3 Application in Terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No.6 of 2008 (as Amended) for an Amendment of Special Zone 11 (Umhlanga Ridge New Town Centre) through the Introduction of an Additional 15 000m² of Developable Bulk (21/7/9):(Page 160 : Town Planning Sub-Committee - Agenda 2015-11-24)


3.1.3.1 That the application in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 42(3) of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013), the amendment to the North Scheme by the amendment to the Umhlanga District - Special Zone 11 URTNC through the introduction of an


additional 15 000m2 of developable bulk be approved subject to the following conditions imposed in terms of Section 13(4) as imposed in terms of Section 42(3) of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) by the relevant Departments:-

3.1.3.1.1 The total development rights for Precinct 1 to Precinct 8 shall be changed from six hundred and thirty three thousand square metres (633 000m2) to six hundred and forty eight thousand square metres (648 000m2) as per Clause (q) Development Rights- Specific, Special Zone 11: Umhlanga Ridge New Town Centre of the North Scheme.

3.1.3.1.2 Roadworks and all access required on Twilight Drive as per Traffic Impact Assessment prepared by Dave McFarlane and Associates (dated August 2015, Revision 3).

3.1.3.1.3 Cost of all road works is for the applicant/developer.

3.1.3.1.4 The supply of electricity to be as per the letter from the Electricity Department Ref 27/2/1/3/1-450/H/1b-Doc No 6571 to the satisfaction of the Head: Electricity.

3.1.3.2 That the following reasons were considered for approving the application:-

3.1.3.2.1 The proposed amendment of the North Scheme would not have any negative impact or any loss of amenity to the area.

3.1.3.2.2 The application is in keeping with the intentions of and, addresses the requirements of the IDP, SDF, SDP, PDA and general town planning principles.

3.1.3.2.3 The urban form proposed is consistent with the provisions of the North Scheme.

1.3.2.4 The proposed scheme amendment can be easily accommodated by the existing services and the impact on traffic was also found to be inconsequential.

3.1.3.2.5 The application site has no environmental significance and does not fall within the Municipality’s D’MOSS area and neither does the site present any unique or natural features to trigger any environmental assessment in terms of the NEMA regulations.

3.1.3.2.6 The application complies with the general principles of land development, as detailed in Chapter 2, Section 12 of the KwaZulu-Natal Planning and Development Act, (Act No. 6 of 2008).

3.1.3.2.7 The adjacent Oval site (Portion 35 of Erf 2426 Umhlanga Rocks) will accommodate a bulk of 14,449m2. It is therefore appropriate that this amendment to the Scheme takes place to allow for the two Oval sites (Portion 33 and Portion 35 of Erf 2426 Umhlanga Rocks) to respond to each other approximately from an urban design perspective.

3.1.3.2.8 No negative impacts are anticipated as a result of the proposed scheme amendment and the proposal will allow for investment opportunities within Umhlanga and eThekwini as a whole.


3.1.3.2.9 The subject proposal will contribute to an increase of the rates base of eThekwini.

Councillor WJM Burne declared a pecuniary interest in the above matter as he was representing a Developer who had purchased land from Tongaat Hulett Developments Ltd. Thereafter the above recommendations were ADOPTED.

3.1.4 Application in Terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No.6 of 2008 (as Amended) for an Amendment of Section 7: Development Facilitation Table, General Commercial Zone by the Addition of the Following Control Under Additional Controls Applicable to Pinetown: “7, in the Case of Erven 6387 and 7302 Pinetown the Total Parking Requirement for all Uses on Site Shall be 505 Parking Bays for a Total Floor Area Not Exceeding 17600m² (21/7/9):(Page 309 : Town Planning Sub-Committee - Agenda 2015-11-24)


3.1.4.1 That the application in terms of Section 13(1)(a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No.6 of 2008), read in conjunction with Section 41(2) of the Spatial Land Use Management Act, 2013 (Act No. 16 of 2013), the amendment to the Inner West Scheme by the amendment of Section 7: Development Facilitation Table, General Commercial Zone by the addition of the following control under additional controls applicable to Pinetown: “7 in the case of Erven 6387 and 7302 Pinetown the total parking requirements for all uses on site shall be 505 parking bays for a total floor area not exceeding 17600m2”, be approved.

3.1.4.2 That the following reasons be considered for approving the application:-

3.1.4.2.1 The subject sites are directly adjacent to the IRPTN C3 route which runs along Josiah Gumede Road, and is within 200m of the Pinetown taxi rank, which makes the shopping centre easily accessible to pedestrians and people using public transport.

3.1.4.2.2 In future eThekwini Municipality will likely consider further relaxing parking requirements for properties which falls within a 400m radius of a transport corridor or IRPTN route.

3.1.4.2.3 The existing parking on the development is grossly under-utilised as most customers make use of public transport.

3.1.4.2.4 The proposed health studio (gymnasium) will not result in any parking bays being lost as the new development does not entail any additional floor area.ADOPTED.


3.1.5 Combined Application in Terms of Chapter 2, 3 & 6 of the KwaZulu-Natal Planning and Development Act No.6 of 2008 (21/7/2):

1. Amendment of the Durban Scheme by the Inclusion of New Special Zone to Freely Permanent Residential Buildings, Medical Offices and a Gymnasium:

2. Consolidation of Rem of Portion 165 of Erf 944 and the Rem of Erf 951 Both of Durban North Situated at 20 Gainsborough Drive, Durban North, to be Designated Erf 3779 Durban North:

3. Rezoning of Proposed Erf 3779 Durban North Situated at 20 Gainsborough Drive, Durban North: from Private Open Space to the New Proposed Special Zone:

4. Removal of Conditions of Title, Clauses 1.(E),2(E)3.(E),B. (C),(D),(E),(F),(H), C.(1),(2),(3),(4),(5),(6),(7),(8), (9), from Title Deed No.T8554/1950, Pertaining to Remainder of Erf 951 and Remainder of Erf 944 Both Durban North, Being 20 Gainsborough Drive, Durban North. Registration Division FT eThekwini Municipality, Province of KwaZulu - Natal:

(Page 390 : Town Planning Sub-Committee - Agenda 2015-11-24)


3.1.5.1 That the application in terms of Section 13(1)(a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No.6 of 2008), read in conjunction with Section 41(2) of the Spatial Land Use Management Act, 2013 (Act No. 16 of 2013), the amendment of the Durban Scheme by the inclusion of a new Special Zone, Special Zone 111: Gainsborough Drive, to freely permit Residential Buildings, Medical Offices and A Gymnasium, be approved, for the following reasons:-

3.1.5.1.1 The amendment of the Durban Scheme to allow for proposed Special Zone: Gainsborough Drive will allow for a unique Zone which incorporates the existing Core Medical Centre and Gymnasium with a maximum of 100 dwelling units. The introduction of this Special Zone offers a unique variation of and uses which introduces a new housing typology to complement the site, while maintaining the social services which create stronger communities and promote job opportunities.

3.1.5.1.2 The proposal promotes a hierarchy of residential densities to meet market needs for a diversity of housing typologies.

3.1.5.1.3 The Special Zone has taken into account Spatial Efficiency intended at ensuring land development with optimal use of existing resources and infrastructure, these being key development principles.

3.1.5.1.4 The proposal meets the demand for density imperatives in eThekwini, and is also aligned with the principles of the Densification strategy which promotes the development of Greenfield areas within designated urban areas so as to provide effective housing stock.

3.1.5.1.5 Special Zone: Grainsborough Drive promotes land development in locations that are sustainable and limit urban sprawl as prescribed in the Spatial Planning and Land Use Management development principles.


3.1.5.2 That, subject to the following conditions imposed in terms of Section 13(4) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008) and Section 43 of the Spatial Planning and Land Use Management Act, 2003 (Act No. 16 of 2013):-

3.1.5.2.1 A Stormwater Management Plan from a Professional Engineer be submitted with the building plans.

3.1.5.2.2 The proposed road improvements (i.e. road widening and sidewalks) to be done at the developers cost.

3.1.5.2.3 Details of all road improvements and engineering drawings to be submitted with building plans.

3.1.5.3 That the application in terms of Section 26(1)(a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No.6 of 2008), read in conjunction with Section 42(3) of the Spatial Land Use Management Act, 2013 (Act No. 16 of 2013), the amendment to the Durban Scheme by the consolidation of Remainder of Portion 165 of Erf 944 and the Remainder of Erf 951 both of Durban North situated at 20 Gainsborough Drive, Durban North, to be designated Erf 3779 Durban North, be approved for the following reasons:-

3.1.5.3.1 Both sites are zoned Private Open Space.

3.1.5.3.2 Both properties are in the ownership of 20 Gainsborough Drive Share Block (Pty) Ltd.

3.1.5.4 That the application in terms of Section 13(1)(a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No.6 of 2008), read in conjunction with Section 42(3) of the Spatial Land Use Management Act, 2013 (Act No. 16 of 2013),the amendment of the Durban Scheme by the rezoning of the proposed Erf 3779 Durban North situated at 20 Gainsborough Drive, Durban North: from Private Open Space to the new proposed Special Zone 111: Gainsborough Drive be approved for the following reasons:-

3.1.5.4.1 Durban North is a residential suburb that is associated with higher income groups and low densities. It is a very well serviced area and can easily accommodate those additional units.

3.1.5.4.2 The development in its unique character is unlikely to cause negative precedence in the area as the height has been greatly influenced by the topography and density by extent or the site.

3.1.5.4.3 The site is well located near employment centres and will provide for good access to employment for residents on the site. From a planning perspective, the development will aid the growth of a viable community.ADOPTED, by a majority vote


3.1.6 Combined Application: (21/7/3):

1. In Terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No.6 of 2008 Read in Conjunction with the Spatial Planning Land Use Management Act No.16 of 2013 and Section 67 bis of the Town Planning Ordinance No.27 of 1949, for the Rezoning of the Remainder of Erf 535 Kloof and Portion of 1 Erf 146 Padfield Park, 49 A Wyebank Road & 109 Padfield Road from Special Residential 750 and Special Residential 1 (Respectively) to Retirement Village:

2. Application also to Amend the Current Boundary Between Outer West and Inner West Schemes:

3. In Terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No.6 of 2008 Read in Conjunction with the Spatial Planning Land Use Management Act (Act No.16 of 2013) to Amend the Outer West Scheme by Amending the Development Facilitation Table of the Retirement Village Zone as Follows:-

● To Allow a Residential Building as Primary Land Use

● To Reduce the Minimum Erf Size for the Zone to 3600m 2

● To Add a Clarifying Caveat to the Density Provisions

4. Special Consent for a Restaurant in Excess of 150 M2 Allowing a Component of External Patrons, Secondary to Internal Patrons:

(Page 544 :Town Planning Sub-Committee - Agenda 2015-11-24)


3.1.6.1 That the application in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 42(3) of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) the rezoning of the Remainder of Erf 535 Kloof and Portion of 1 Erf 146 Padfield Park, situated at 49 A Wyebank Road and 109 Padfield Road from Special Residential 750 and Special Residential 1 (Respectively) to Retirement Village,be approved.

3.1.6.2 That the application to amend the current boundary between the Outer West and Inner West Schemes, be approved.

3.1.6.3 That the application in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 42(3) of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013), the application to amend the Outer West Scheme by amending the Development Facilitation Table of the Retirement Village Zone as follows: by including a Residential Building as a primary land use, reducing the minimum lot size of the zone to 3600m2 and adding clarifying caveat to the density provisions,be approved.


3.1.6.4 That the following reasons be considered for approving the application:-

3.1.6.4.1 The application is in keeping with the strategic intentions of eThekwini as it is congruent with the Spatial Development Framework (2015/16 review) in that it has been designated for residential usage.

3.1.6.4.2 There are sufficient resources available for the implementation of the proposal as Water, Electricity and Municipal waterborne sewage is available to the site.

3.1.6.4.3 The application is consistent with the principles of efficiency in that it optimises the utilisation of existing services. This is because, the site is within an area with high level of existing services. Water and Electricity supplies are readily available and the municipal waterborne sewer system is available to connect to.

3.1.6.4.4 The proposal will have socio-economic spin-offs in that the facility will undoubtedly create additional employment even beyond the construction phase, as the maintenance and upkeep of the establishment will always be required.

3.1.6.4.5 The proposed development is a needed one especially looking at the demographic profile of the Outer West, with a large proportion of the population being senior citizens. This type of facility is therefore a sort after facility.

3.1.6.4.6 Despite the apparent environmental sensitivity of the site, the necessary appraisals have been conducted and the recommendations thereof have been adhered to.ADOPTED.

3.2 REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD ON 2015-11-26

(Page R9)

3.2.1 WS 2015/162 Authority to Construct NRW Water Projects (23/1/10):(Page 1 :Human Settlements and Infrastructure Committee - 2015-11-26)


3.2.1.1 That subject to the invitation of tenders or quotations where necessary, the Block Sum Projects Committee approves the Block Sum Projects reflected in report No. WS2015/162 of the Head : Water and Sanitation dated 2015-10-06 relative to authority to contract NRW Water Projects, be approved.

3.2.1.2 That subject to the adoption of 1. above, authority be granted for the Head : Finance Expenditure to include in his Adjustments Budget report the transfer of funds from the Capital Block Sums Projects to individual projects as reflected in Report No. WS 2015/162 dated 2015-10-06

3.2.1.3 That subject to the adoption of 1. above, and in order to meet the excess expenditure and other anticipated work in this financial year, authority be granted for the Head: Finance Expenditure to include in his Adjustments Budget report the transfers of R7 000 000.00 (Seven Million Rand) and R3 500 000.00 (Three Million Five Hundred Thousand Rand only) from the PRV Installation Block Sum and Advanced Control on PRV’s Block Sum respectively, to Flow Limiter Upgrades Block Sum as reflected in Report No. WS2015/162 dated 2015-10-06.


Flow Limiter Upgrades R10 500 000.00 To be met by vote transfer 2015/16 (Project X6302)

PRV Installation R18 900 000.00 To be met by vote transfer 2015/16 (Project X5906)

Advanced Control on PRV’s R400 000.00 To be met by vote transfer 2015/16 (Project X6216)

Cost Centre : 69100 FC No. 64/C10Project No’s: VariousADOPTED.

3.2.2 Energy Saving and Environmentally Friendly Desalination Technology – Remix Water System in eThekwini - WS 2015/143 (23/1/11/2/1/1):(Page 4 : Human Settlements and Infrastructure Committee - 2015-11-26)


3.2.2.1 That for the reasons stated in the report WS2015/143 by the Head : Water and Sanitation dated 2015-05-21, relative to energy saving and environmentally friendly desalination technology : remix water system in eThekwini Municipality, authority be granted to Hitachi Ltd Infrastructure Systems to conduct a pre – feasibility study on behalf of the eThekwini Municipality.

3.2.2.2 That subject to the approval of .1 above, authority be granted for the Head: Water and Sanitation to negotiate the terms and conditions and cost implications with Hitachi Ltd Infrastructure Systems Company in respect of the installation and operation of the demonstration plant at the Durban Waste Water Treatment works.

3.2.2.3 That subject to the approval of .1 and .2 above, authority be granted to the Head: Water and Sanitation to submit a further report to the Human Settlements and infrastructure Committee seeking approval for the City Manager to enter into a Memorandum of Agreement between eThekwini Municipality, Hitachi Ltd Infrastructure Systems and NEDO for the purpose of implementing the Remix Water System.ADOPTED.

3.2.3 Work in Excess of R500 000: Electrical Reinforcement of Etafuleni Area, Inanda, Ward 56 (DL 3138008) (27/2/3/2):(Page 7 : Human Settlements and Infrastructure Committee - 2015-11-26)


That authority be granted to the Head: Electricity to incur expenditure estimated at R11 083 900.00 (Eleven Million and Eighty Three Thousand Nine Hundred Rand only) through the normal goods and services procurement process in order to reinforce the existing medium voltage network in order to be able to provide electricity supply to the Etafuleni Housing Project in Ward 56, Inanda.

Project Number UGM00008, OHM00009, TSE00007, MET00005: R11 327 800.00Provided 2015/2016; Capital Estimates FC79/CA1589ADOPTED.


3.2.4 Service Delivery and Budget Implementation Plan SDBIP) : Quarterly Reporting: 30 September 2015: (Page 8 : Human Settlements and Infrastructure Committee - 2015-11-26)


That the Service Delivery and Budget Implementation Plan in respect of the Human Settlements and Infrastructure Cluster for the Quarter ended 30 September 2015 as reflected in the report of the City Manager dated 2015-10-21, be adopted.ADOPTED.

3.2.5 National Solar Water Heater Programme (27/1/2/1/7):(Page 19 :Human Settlements and Infrastructure Committee - 2015-11-26)


3.2.5.1 That the participation of eThekwini Municipality in the new National Solar Water Heater Programme, be adopted.

3.2.5.2 That subject to the adoption of .1 above, the Programme be managed by the Energy Office, with close collaboration with the Human Settlements Unit, Water and Sanitation Unit and Electricity Unit.

3.2.5.3 That subject to the adoption of .1 above, authority be granted to the City Manager to enter into the framework agreement with the Department of Energy, suppliers and installers of the Solar Water Heater Programme.ADOPTED.

3.2.6 Cornubia Integrated Human Settlements : Provision of Educational, Recreational and Social Facilities (21/2/1 & 22/7/1/1/3):(Page 27 : Human Settlements and Infrastructure Committee - 2015-11-26)


3.2.6.1 That authority be granted in principle for the eThekwini Municipality to engage with the Department of Education, for the Municipality to act as Implementation Agents for the construction of primary school facilities within the first social cluster in Phase 1 of the Cornubia Integrated Human Settlement, the costs of which are to be borne by the Department of Education, subject to agreement on a Memorandum of Agreement (MOA) detailing the contractual terms and conditions, including the financial arrangements, between the Parties.

3.2.6.2 That subject to the adoption of .1 above, the final Memorandum of Agreement be submitted to the Human Settlements and Infrastructure Committee for approval.ADOPTED.


3.2.7 Status Report on Former R293 Townships – Backlog on Title Deeds (22/5):(Page 30 : Human Settlements and Infrastructure Committee - 2015-11-26)


3.2.7.1 That the report by the Head : Human Settlements dated 2015-11-13 relative to the Status Report on the Former R293 Township : Backlog on the Title Deeds and approach in responding thereto, be approved including:-

3.2.7.1.1 That in case of Units where the rightful owners could not be satisfactorily identified, it is recommended that the process be repeated with active input from the relevant Councillor to regularize where possible, it being recorded that this should be undertaken in a transparent manner so that the Department does not, in future, face legal action from aggrieved beneficiaries, it being recorded that taking into the account the number of such Units, it is recommended that temporary contract staff be contracted for a period of forty eight (48) months.

3.2.7.1.2 That with regard to families sharing one Unit, intervention will be required to ensure speedy resolution as one family will remain in the Unit and other/s allocated to another Unit.

3.2.7.1.3 That the relevant Departments (Real Estate, etc) and Conveyancers have also been engaged to expedite the township proclamation issue.

3.2.7.1.4 That the Deeds Registry Office has advised the eThekwini Municipality to appoint a professional team to deal with land legal issues.

3.2.7.1.5 That taking into account the above activities and recommendations, it is imperative that the R293 Project remain operational until all outstanding issues are resolved.

3.2.7.2 That it be noted that the former R293 Townships are in the ownership of the Provincial Department of Human Settlements and the eThekwini Municipality depend on the funding from the Province for the administration of these township as this is project based.

3.2.7.3 That subject to the approval of .1 above, authority be granted to the Head : Human Settlements to implement the way forward and the business plan in order to address challenges facing eThekwini Municipality relative to the title deeds backlog in the former R293 Township.

3.2.7.4 That the challenges funding requirements and available sources thereof related to Backlog on the title Deeds on Former R293 Township, be noted.


The scope of work is part of the HSDG program and funding is also aligned with such program.

Funding will be made available from the HSDG/OPSCAP or MHSCG for this particular function over a period of 36 months.Recommendations AMENDED in 3.2.7.1.1 thereof by the deletion of the words “the relevant Councillor to regularize where possible” and by the substitution therefor of the words “a Dispute Committee being constituted to assist in the


process of regularizing or re-allocating the said house to the next applicant or the person occupying the house” to read as follows:

“3.2.7.1.1 That in case of Units where the rightful owners could not be satisfactorily identified, it is recommended that the process be repeated with active input froma Dispute Committee being constituted to assist in the process of regularizing or re-allocating the said house to the next applicant or the person occupying the house, it being recorded that this should be undertaken in a transparent manner so that the Department does not, in future, face legal action from aggrieved beneficiaries, it being recorded that taking into the account the number of such Units, it is recommended that temporary contract staff be contracted for a period of forty eight (48) months.” and thereafter

ADOPTED.

3.2.8 Status Report for Court Cases Concluded in Human Settlements Unit: People Evicted from Private Land (22/8/4/1):(Page 38 :Human Settlements and Infrastructure Committee - 2015-11-26)

Recommendation 3.2.8.2 below reflects the amendment effected by the Executive Committee on this matter.


3.2.8.1 That on the issue of the provision of alternative accommodation where people are evicted on private owned land, the Human Settlements Unit be supported in making submissions for the amendment of the Prevention of Illegal Eviction (PIE) Act, it being recorded intervention is also requested to enforce legislation that would compel private land owners to protect their land or face prosecution.

3.2.8.2 That, with regard to condemned buildings, an engagement with relevant Departments and/or owners should take place to discuss how alternative accommodation will be funded and implemented.ADOPTED.

3.2.9 Professional Services for the Implementation of Human Settlement Projects – Request for Adjustment of Period of Performance (22/7/1/1/2):(Page 40 :Human Settlements and Infrastructure Committee - 2015-11-26)


3.2.9.1 That in view of the reasons indicated in the report by the Head : Human Settlements dated 2015-10-28, relative to the professional services for the implementation of Human Settlements Projects request for the Adjustment of a period of performance, the extension for various professional services, be supported in terms of Section 116(3) of the Municipal Finance Management Act in order to continue with professional services for the implementation of the Human Settlement Housing Unit in terms of Circular 62 of the Local Government MFMA (Act 56 0f 2003) and Supply Chain Management Regulations.


3.2.9.2 That subject to the adoption of .1 above, public notices in terms of Section 116 (3) requesting comments and/or objections to the proposed amendments to the various professional services contracts be advertised in the relevant print media for the prescribed period of time.ADOPTED.

3.2.10 Work in Excess of R500 000: Installation of Low Voltage Electricity Cables in Alpine Drive, Shallcross (Ward 71) : Drawing No.2641171 (27/2/1/3/R):(Page 63 : Human Settlements and Infrastructure Committee - 2015-11-26)


That authority be granted to the Head: Electricity to incur expenditure estimated at R763 625.00 (Seven Hundred and Sixty Three Thousand Six Hundred and Twenty Five Rand only) through the normal goods and services procurement process, to lay approximately 1 800 metres of low voltage electricity cables in Ward 71, Alpine Drive, Shallcross, in order to eliminate the problems associated with the electricity cables being located at the rear of the properties and to cater for the ongoing increase in demand for electricity supply.

DL 2641171 : R763 625To be Provided in the 2015/2016 Capital EstimatesFC No.: 79/CA1590ADOPTED.

3.2.11 Work in Excess of R500 000: Medium and Low Voltage Electrical Reticulation: Unity Avenue Informal Settlement, Chatsworth (Ward 69) : Drawing No. 2671913 (27/2/3/2):(Page 64 : Human Settlements and Infrastructure Committee - 2015-11-26)


That authority be granted to the Head: Electricity to install 110 metres of medium voltage and 1 500 metres of low voltage overhead conductors and 3 pole transformers, estimated at R731 850.00 (Seven Hundred and Thirty One Thousand Eight Hundred and Fifty Rand only) through the normal goods and services procurement process, in order to supply electricity to approximately 500 potential customers in Ward 69, Unity Avenue Informal Settlement, Chatsworth.

DL 2671913 : R731 850To be Provided in the 2015/2016 Capital EstimatesFC No. 79/CA1592ADOPTED.

3.2.12 Work in Excess of R500 000 : Electricity Connection to 5571 Curnick Ndlovu Highway – Inanda – Ward Number 44 (Drawing Number DL 2450698) (27/2/R):(Page 65 : Human Settlements and Infrastructure Committee - 2015-11-26)


That authority be granted to the Head: Electricity to incur expenditure estimated at R3 225 200.00 (Three Million Two Hundred and Twenty Five Thousand Two Hundred Rand only) through the normal goods and services procurement process, to provide a supply of electricity to the customer at 5571 in Ward 44, Curnick Ndlovu Highway, Inanda.


DL 2450698 : R3 225 200.00To be Provided in the 2015/2016 Capital EstimatesFC No. 79/CA1593ADOPTED.

3.2.13 Work in Excess of R500 000 : Electricity Connection to 82 Summer Way – Umhlanga – Ward Number 35 (Drawing Number DL 2710303) (27/2/R):(Page 66 : Human Settlements and Infrastructure Committee - 2015-11-26)


That authority be granted to the Head: Electricity to incur expenditure estimated at R1 752 900.00 (One Million Seven Hundred and Fifty Two Thousand and Nine Hundred Rand only) through the normal goods and services procurement process, in order to provide a supply of electricity to the customer in ward 35, 82 Summer Way, Umhlanga.

DL 2740303 : R1 752 900.00To be Provided in the 2015/2016 Capital EstimatesFC No. 79/CA1594ADOPTED.

3.2.14 Work in Excess of R500 000 : Electricity Connection to Ashley Avenue – Glenashley – Ward Number 36 (Drawing Numbers DL 2744294 & 2744802) (27/2/R):(Page 67 : Human Settlements and Infrastructure Committee - 2015-11-26)


That authority be granted to the Head: Electricity to incur expenditure estimated at R1 105 000.00 (One Million One Hundred and Five Thousand Rand only) through the normal goods and services procurement process, in order to provide a supply of electricity to the customer in Ward 36, 42 Ashley Avenue, Glenashley.

DL 2744294 & 2744802 : R1 105 000.00To be Provided in the 2015/2016 Capital EstimatesFC no. 79/CA1597The heading and recommendation was AMENDED by the deletion of the word and figures “Ward 34” and by the substitution therefor of the word and figures “Ward 36”, and thereafter ADOPTED.

3.2.15 WS 2015/188 : Request for Authority to Transfer Funds (7/1/2/2):(Page 68 : Human Settlements and Infrastructure Committee - 2015-11-26)


That for the reasons stated in the report (WS 2015/188) of the Head : Water and Sanitation dated 2015-10-20, authority be granted to the Deputy City Manager : Finance to include in his Adjustments Budget report, the transfer of funds from projects where savings have been identified to various projects listed in the schedule attached to the foresaid report in the 2015/2016 financial year.


Cost centre /Project No.: As reflected in the schedule attached to the report by the Head: Water and Sanitation dated 2015-10-20

R10 550 000.00 (To be met by savings via an adjustment budget, as per attached schedule, in 2015/2016)


3.3 REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE MEETING HELD ON 2015-11-30

(Page R15)

3.3.1 Section 33 for Integrated Fare Management System (26/3/1/5):(Page 1 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.1.1 That the appointment of the Integrated Fare Management System contract for a period of nine (9) years be approved on the following basis:-

3.3.1.1.1 The Municipality has secured significant financial capital investment in these systems and it will be more financially beneficial to extend the contract period than to replace the systems after three years.

3.3.1.1.2 The system is also extremely cost effective in terms of the overall costs as a percentage of projected revenue.

3.3.1.1.3 The system is essential to ensure that the revenue is protected and maximised.

3.3.1.2 That authority be granted to the City Manager to sign the contracts on behalf of the Municipality.

3.3.1.3 That it be noted that:-

3.3.1.3.1 eThekwini Transport Authority (ETA) intends to seek authority from the Bid Adjudication Committee to award these contracts.

3.3.1.3.2 eThekwini Transport Authority (ETA) has complied with the Section 33 process.ADOPTED.

3.3.2 KwaMnyandu Rates Rebate (7/2/2):(Page 45 : Economic Development and Planning Committee - Agenda 2015-11-30)

The Executive Committee amended recommendation 3.3.2.2 below and also added new recommendation 3.3.2.5.


3.3.2.1 That the rate rebate, in accordance with the Rates Rebate Council Resolution of March 2014, for the KwaMnyandu Shopping Centre (Pty) Ltd on Erf 1968 Umlazi D, Registration Division FT, KwaZulu-Natal; based on the motivation contained in the report of the City Manager dated 2015-11-10, be approved.


3.3.2.2 That the Head: Revenue Management Services undertake the necessary administration in order to implement the above referenced rate rebate for KwaMnyandu Shopping Centre (Pty) Ltd located on Erf 1968 of Umlazi D, Registration Division FT, KwaZulu-Natal on a three (3) year sliding scale (75% discount in year 1, 50% discount in year 2 and 25% discount in year 3).

3.3.2.3 That the rate rebate, for the development of a medical facility at KwaMnyandu node, based on the motivation as contained in the report of the City Manager dated 2015-11-27, be approved.

3.3.2.4 That the Head : Revenue Management Services undertake the necessary administration in order to implement the above referenced rate rebate for a medical facility at KwaMnyandu node on a four year sliding scale (100% discount in year 1, 75% discount in year 2; 50% discount in year 3 and 25% discount in year 4) effective from the completion date of the medical facility.

3.3.2.5 That authority be granted for the City Manager to finalise the issue of outstanding rates and apply rates rebate prospectively with effect from the date of Council approval.ADOPTED.

3.3.3 Dumisani MakhayeNode : Additional Development Authority (20/6/3/1):(Page 55 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.3.1 That progress with regard to facilitating investment at the Dumisani Makhayenode, be noted.

3.3.3.2 That the proposed allocation of R18m, to relocate and re-align electricity power lines adjacent to the proposed Newlands Express Way, as per the diagram attached to the report of the City Manager dated 2015-11-23, be approved.

3.3.3.3 That the Head: Engineering Services be authorized to finalise the construction of the entire road network at Dumisani Makhaye node, as reflected in the diagram attached to the report of the City Manager dated 2015-11-23, in order to ensure access into and out of the node.Recommendation 3.3.3.1 NOTED and Recommendations 3.3.3.2 and 3.3.3.3 ADOPTED.

3.3.4 Mpumalanga Business Hives (20/1/3/1):(Page 63 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.4.1 That project authority be granted for the implementation of the proposed Mpumalanga Business Hive.

3.3.4.2 That authority be granted to the Head: Economic Development and Investment Promotion Unit to apply to National Treasury and Department of Trade and Industry (DTI) for project funding.


3.3.4.3 That the Head: Economic Development and Investment Promotion Unit report to the Economic Development and Planning Committee on the outcome of the funding application.ADOPTED.

3.3.5 Innovation Week 2016 (20/1/7/3):(Page 80 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.5.1 That the City Manager approves the hosting of the Innovation Week 2016.

3.3.5.2 That subject to the approval of .1 above, the Head: Economic Development and Investment Promotion Unit be authorised to provide funding of approximately R700 000.00 (Seven Hundred Thousand Rand Only) in the 2015/16 financial year, in line with the annual plans of the Unit and Supply Chain Management processes.

Vote No.: 26103.09195 R700 000.00 (To be met via 2015/16 Virement Budget)FC No.: 18/32ADOPTED.

3.3.6 Durban Green Corridors : Responsible Tourism Product Development Project (20/1/4/3):(Page 88 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.6.1 That the City Manager be authorised to enter into an agreement, subject to Treasury and Legal Services approval, for the eThekwini Municipality to receive Euro 72 702.50 (R1 090 612.50 estimated value at 15:1 exchange rate) from the Free Hanseatic City of Bremen for the implementation of the Durban Green Corridors Responsible Tourism Product Development Project.

3.3.6.2 That subject to .1 above, the Head: Economic Development and Investment Promotion Unit be authorised to transfer the Rand value of funds equivalent to Euro 77 550.00 excluding Value Added Tax at the ruling exchange rate, (R1 163 250.00 estimated value at 15:1 exchange rate), to the DuziUmngeni Conservation Trust for the implementation of the Durban Green Corridors Responsible Tourism Product Development Project in terms of Section 67 of the Municipal Finance Management Act (MFMA) and the Memorandum of Agreement (MOA) between eThekwini Municipality and the DuziUmngeni Conservation Trust, subject to receipt of the funds from Bremen and final approval by the Head: Expenditure. Furthermore to add an addendum to the payment schedule to reflect the additional project funds.

3.3.6.3 That subject to .2 above, the Head: Economic Development and Investment Promotion Unit be directed to oversee the management of the Durban Green Corridors Responsible Tourism Product Development Project in terms of the existing Memorandum of Agreement with the DuziUmngeni Conservation Trust and in terms of the project deliverables and compliance requirements of the agreement referred under .1ADOPTED.


3.3.7 Inanda and Hazelmere Dam Resource Management Plans (20/1/4/3):(Page 104 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.7.1 That the report by the City Manager dated 2015-11-19, and the current status of the projects be noted;

3.3.7.2 That Msinsi Holdings present at the next meeting of the Economic Development and Planning Committee meeting, the implementation of Resources Management Plans at Inanda and Hazelmere Dams.Recommendation 3.3.7.1 NOTED and Recommendation 3.3.7.2 ADOPTED.

3.3.8 Clothing and Textile in Hammarsdale, Dalebridge and New Germany (20/1/6/3):(Page 111 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.8.1 That the Head: Economic Development and Investment Promotion continue to investigate and implement support measures, to accelerate further development of enterprises within the Clothing and Textile sector in eThekwini.

3.3.8.2 That the current support initiatives for the Clothing and Textile sector, advanced through the KZN Clothing and Textile Cluster to enhance economic development, growth, and competitiveness, be noted.

3.3.8.3 That linkages with institutions that support Cut Make and Trim skills development and incubation, be developed; in order to support sustainable business models and a high quality of skills development.

3.3.8.4 That the Head: Economic Development and Investment Promotion Unit report to the Economic Development and Planning Committee, on progress with regards to support measures in the Clothing and Textile industry.Recommendation 3.3.8.1, 3.3.8.3 and 3.3.8.4 ADOPTED and Recommendation 3.3.8.2 NOTED.

3.3.9 Cato Ridge Intermodal Hub: Progress Report (2/1/5/1):(Page 119 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.9.1 That the development proposal in respect of the Cato Ridge Intermodal hub, and progress thus far be noted;

3.3.9.2 That the participation of Municipal officials in the project Steering Committee be approved,

3.3.9.3 That subject to input from eThekwini Municipality, the Head: Legal Services and Compliance, vets and becomes one of the signatories to the project Memorandum of Agreement.


3.3.9.4 That subject to project feasibility and funding availability, budget provision be made for the development of the required key infrastructure.Recommendation 3.3.9.1 NOTED and Recommendations 3.3.9.2, 3.3.9.3 and 3.3.9.4 ADOPTED.

3.3.10 Rural Development Strategy: Progress Report (20/1/7/7):(Page 126 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.10.1 That the progress that has been made with regard to the eThekwini Rural Development Strategy, be noted.

3.3.10.2 That the Chairperson of the Economic Development and Planning Committee be responsible for driving the development proposals of the rural areas. Recommendation 3.3.10.1 NOTED and Recommendation 3.3.10.2 ADOPTED.

3.3.11 Review on Tariffs 2016/17: Itinerant Traders, Informal Traders, Hives Sites and Containers (7/6/1/6):(Page 141 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.11.1 That the Council of eThekwini Municipality resolves in terms of Section 75(a) of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that, with effect from 2016-07-01, no increase in tariffs be applicable as set out in Annexure ‘A’ attached to the report by the Head: Business Support, Tourism and Markets.

3.3.11.2 That subject to the adoption of .1 above, the Head: Business Support, Tourism and Markets Unit proceed with negotiations of 2017/18 and 2018/19.

3.3.11.3 That subject to the adoption of .2 above, the City Manager be directed to comply with provisions of Section 75A (3) and (4) of the said Act.

3.3.11.4 That the City Manager be instructed without delay:-

(i) To display a copy of this resolution and the said Tariff of Charges conspicuously:-

(a) On the City Hall Notice Board, and

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

(ii) Seek to convey the information referred to in the said notice to the public through the relevant Radio Stations.

(iii) Send a copy of the notice to the KZN Member of the Executive Council (MEC) responsible for Co-operative Governance & Traditional Affairs.

(iv) Publish in the Ezasegagasini Metro a notice in the following format:


ETHEKWINI MUNICIPALITY

Notice is hereby given that:-

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

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

(i) City Hall, Dr. PixleyKaSeme Street, Durban

(ii) ……………………………etc.

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

……………………………………….CITY MANAGERETHEKWINI MUNICIPALITY

Date: ………………………………….ADOPTED.

3.3.12 Review on Tariffs: Planning Sector (2016/17) (7/6/1/6):(Page 150 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.12.1 That the Council of eThekwini Municipality resolves in terms of Section 75(a) of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that, with effect from 2016-07-01, the tariffs set out in Annexure ‘A’ of the report of the Head: Development Planning and Management will be levied in respect of the Planning Sector.











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



(ii) ……………………………etc.



Date: ………………………………….ADOPTED.

3.3.13 Review on Tariffs: Bulk Fresh Produce Market (7/6/1/6):(Page 176 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.13.1 That the Council of eThekwini Municipality resolves in terms of Section 75(a) of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that, with effect from 2016-07-01, the tariffs set out in Annexure ‘A’ of the report of the Head: Business Support, Tourism and Markets dated 2015-11-06, will be levied in respect of the Fresh Produce Market.







(iv) Publish in the Ezasegagasini Metro a notice in the following format:-






(i) City Hall, DrPixleyKaSeme Street, Durban

(ii) ……………………………etc.



Date: ………………………………….ADOPTED.

3.3.14 Review on Tariffs: 2016/2017 Retail Markets (7/6/1/6):(Page 185 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.14.1 That the Council of eThekwini Municipality resolves in terms of Section 75(a) of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that, with effect from 2016-07-01, no increase in tariffs be applicable as set out in Annexure ‘A’ attached to the report by the Head: Business Support, Tourism and Markets.

3.3.14.2 That subject to the adoption of the above, the Head: Business Support, Tourism and Markets Unit proceed with negotiations of 2016/17 and 2017/18.

3.3.14.3 That subject to the adoption of .2 above, the City Manager be directed to comply with provisions of Section 75A (3) and (4) of the said Act.














(ii) ……………………………etc.



Date: ………………………………….ADOPTED.

3.3.15 Township Development KwaNozaza Node Upgrade (20/1/3/1):(Page 196 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.15.1 That the financial implications and the progress in respect of KwaNozaza Node Development, be noted.

3.3.15.2 Financial Implications:

Estimates finalised by Architectural Services, for the construction of municipal offices on the lower platform of KwaNozaza, is R30 000 000.00 (Thirty Million Rand Only) (excluding VAT).NOTED.

3.3.16 2016 Durban Maritime Summit : 02-24 to 28 2016 (3/3/1 & 7/14/1):(Page 198 : Economic Development and Planning Committee - Agenda 2015-11-30)


3.3.16.1 That the request for sponsorship of the 2016 Durban Maritime Summit for the period 2016-02-24 to 28, be approved.


3.3.16.2 That the Head: Economic Development and Investment Promotion Unit be authorised to transfer R1 432 438.00 (One Million Four Hundred and Thirty Two Thousand Four Hundred and Thirty Eight Rand Only) excluding VAT, to the Inkosi Albert Luthuli International Convention Centre, for the hosting of the 2016 Durban Maritime Summit.

Vote No.: 26102.10620 R1 432 438.00 (Provided in 2016/16 Financial Year).ADOPTED.

3.3.17 Report on the Cultural Industry Sector in the eThekwini Municipal Region:(Page 212 : Economic Development and Planning Committee - Agenda 2015-11-30)

The Executive Committee added new recommendation 3.3.17.9 as reflected below.


3.3.17.1 That clear governance and funding for the cultural industry sector in order to create new and optimise existing products be established.

3.3.17.2 That there be focus on the basics in order to source and revitalise the city’s core cultural assets.

3.3.17.3 That market research to gauge international visitor’s undertaking of the city’s cultural products and assess if there’s sufficient branding/ marketing of same be conducted.

3.3.17.4 That cultural amenities for the purpose of attracting economic investment and skilled workers be promoted.

3.3.17.5 That community development through artistic, cultural, or creative policies be promoted.

3.3.17.6 That community and neighborhood revitalisation through artistic measures and strategies that enhance and emphasise creativity be promoted.

3.3.17.7 That training, professional development, or other activities for arts, cultural, or creative entrepreneurs be provided.

3.3.17.8 That arts-specific business incubators to support artistic, cultural, or creative professionals be created.

3.3.17.9 That the Economic Development & Planning Committee and the Community & Emergency Services Committee be jointly responsible for the activities of the Cultural Industry Sector in the eThekwini Municipal Region.ADOPTED.

3.3.18 Catalytic Project Office:(Page 225 : Economic Development and Planning Committee - Agenda 2015-11-30)

The Executive Committee amended recommendation 3.3.18.2 as reflected below.


3.3.18.1 That the proposed establishment and the dedication mechanism to facilitate the implementation of Catalytic Projects, be approved.


3.3.18.2 That subject to the approval of .1 above and by the virtue of powers vested in him, the City Manager, in consultation with the Governance and Human Resources Cluster, be empowered to facilitate the implementation process of the proposed Catalytic Project Office structure.

3.3.18.3 That subject to .1 and .2 above, the City Manager be authorised to identify budget for the implementation and structure.

3.3.18.4 That the Economic Development and Planning Committee be regularly informed and updated regarding progress thereof.WITHDRAWN.

3.4 REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE MEETING HELD ON 2015-11-30

(Page R25)

3.4.1 Public Protests Strategy Report (2/3/4):(Page 140 : Governance and Human Resources Committee - Agenda 2015-11-30)

The Executive Committee amended recommendation 3.4.1.2 to remove representation from the Provincial Legislature Portfolio Committee taking into account that the matter requires intervention by the Municipality.


3.4.1.1 That the draft Public Project Protest Operational Strategy, attached to the report of the Head : Community Participation and Action Support dated 2015-11-05, relative to the Public Protest Strategy Report, which is providing guidelines on management of protests , be adopted.

3.4.1.2 That subject to the adoption of .1 above, the Political Committee comprising the Speaker as the Chairperson, the Chief Whip as the Deputy Chairperson, Caucus Secretary, two Councillors from the Human Settlements and Infrastructure Committee, One Councillor from Governance and Human Resources Committee, Two Councillors from the Community and Emergency Services Committee, One Councillor from Finance and Procurement Committee and the Mayor, as an ex-officio, be established to effectively carry out the following mandate:-

3.4.1.2.1 To meet monthly to receive status report on protests from administration.3.4.1.2.2 To report to the Executive Committee.3.4.1.2.3 To report back to affected parties.3.4.1.2.4 To provide guidance and direction to the administration component.

3.4.1.3 That subject to the adoption of .1, .2 and .3 above, the Rapid Response Technical Committee comprising representatives from the Community Participation and Action Support Unit; Human Settlements; Electricity; Water and Sanitation; Solid Waste; Metro Police; Roads; Parks Recreation and Culture; and the Head: Engineering, be established in order to collate information on protests-related incidents and formulate reports for submission to the Political Committee, including determining the extent, urgency and route to take in resolving protests related to dispute and facilitate report backs and feedback meetings and logistics thereof.


3.4.1.3.1 That representatives be secured from other key offices as follows; three officials from the Community Participation and Action Support, three officials from Rapid Response Team and two officials representing the Office of the Mayor.

3.4.1.4 That subject to the adoption of .1 above, the Head: Community Participation and Action Support be granted authority to source funds for the implementation of the Operational Public Protest Strategy.ADOPTED.

3.4.2 Masakhane Outreach Programme Report (2/3/2/1/2):(Page 163 : Governance and Human Resources Committee - Agenda 2015-11-30)


3.4.2.1 That the Masakhane Outreach Programme for the 2015/2016 financial year, contained in the report by the Head : Community Participation and Action Support dated 2015-08-14, be approved.

3.4.2.2 That subject to the adoption of .1 above, authority be granted to the Head: Community Participation and Action Support to incur expenditure estimated at an amount of R362 750.00 (Three Hundred and Sixty Two Thousand Seven Hundred and Fifty Rand only) to implement the Masakhane Outreach Programme.

Various Vote Numbers as reflected in the report by the Head: Community Participation and Action Support. FC number: 06/24ADOPTED.

3.4.3 Municipal Past Five Year Achievements Awareness Campaign (2/3/2/1/2):(Page 193 : Governance and Human Resources Committee - Agenda 2015-11-30)

With 22 Councillors present at the Governance and Human Resources Committee, 16 Councillors (ANC -13, IFP - 01, MF - 01 and TA - 01) voted in support of the recommendations and 06 - DA Councillors voted against the recommendations. The recommendations were thereafter carried by the majority vote.

The Democratic Alliance and the National Freedom Party recorded their dissention on this matter at the Executive Committee level. This was mainly due to what they regarded as exorbitant costs while the campaign was also considered unnecessary given that Ward Councillors should hold feedback meetings at the Ward level to update communities on service delivery issues.

The awareness campaign was supported by the majority and this was regarded to serve as a good platform to interact with local communities. Views submitted commended the City for this initiative thus displaying responsible leadership characterised by transparency and accountability. Information was shared briefly on the costs of radio slots, it being pointed out that this was mainly driven by the listenership coverage.

Given that there was no indication in the report of the specific media to be utilised for this campaign, the Head: Communications was tasked to furnish this information to inform the financial implications supplied for this item.


With the awareness campaign being supported by the majority,


3.4.3.1 That the report by the Head: Communications dated 2015-11-05 relative to the Municipal Past Five Year Achievements Awareness Campaign in order to engage the Community to make them aware of Municipal programmes that have taken place in their areas as well as current and future planned programmes, in line with the Integrated Development Plan and Service delivery Implementation Plan, be approved.

3.4.3.2 That subject to the approval of .1 above, authority be granted for the City Manager to identify, via savings, funding estimated at R14 500 000.00 (Fourteen Million Five Hundred Thousand Rand Only) for the implementation of the programmes.

Financial Implications

Activity Examples Costs

Radio (community and commercial)

Main and community radio stations R6 000 000

Print (community and commercial)

Main and community newpapers, flyers, brochures, posters

R4 000 000

Digital Facebook, twitter, website, LinkedIn

R500 000

Billboards Static, mobile, taxi rank billboards, street pole banners

R2 000 000

Branding Promotional material(Posters, flyers)

R2 000 000

TOTAL R14 500 000

ADOPTED, by a majority vote

3.4.4 South Durban Basin ABM Programme (2/3/2/1/2):(Page 201 : Governance and Human Resources Committee - Agenda 2015-11-30)


3.4.4.1 That the report by the Head : Community Participation and Action Support dated 2015-09-22 relative to the South Durban ABM Programme, be approved, including:-

3.4.4.1.1 SDB Peace Building and Non Racial Programme; and3.4.4.1.2 Safety Ambassadors training (SMART TEENS).

3.4.4.2 That subject to the approval of .1 above, authority be granted to the Head: Community Participation and Action Support to incur expenditure in the amount of R78 500.00 (Seventy Eight Thousand Five Hundred Rand only).

Vote: 32051.08485; R78 500.00 (Provided in 2015/16 approved budget)FC Number: 29/04



Activity Budget (R) Responsibility

Advertising 4 000 SDB

Workshop (Venue Hire) 8 000 SDB

Refreshment 6 000 SDB

Promotional Material 3 000 SDB

Sound 3 500 SDB

TOTAL 24 500 SDB

ADOPTED.

3.4.5 Proposed Councillor Accelerated Leadership Programme With Emphasis on Change Management (3/5/12):(Page 208 : Governance and Human Resources Committee - Agenda 2015-11-30)


That Councillors Accelerated Leadership Programme, with emphasis on Change Management, scheduled to be held in the month of February 2016, be approved as outlined in the report by the Deputy Head: Office of the Speaker dated 2015-10-20.ADOPTED.

3.4.6 Status on Councillors Tools of Trade in Preparation for New Council Term of Office commencing 2016 (3/5/3):(Page 211 : Governance and Human Resources Committee - Agenda 2015-11-30)


3.4.6.1 That it be noted that in preparation for new Council term of office commencing 2016, the termination date for all Councillors office lease agreements is June 2016, subject to the pronouncement of the date for the next Local Government Elections.

3.4.6.2 That it be noted that should the next Local Government Elections date fall after June 2016, authority to extend existing leases will be sought from the Bid Adjudication Committee.

3.4.6.3 That it be noted that in preparation for the new Council term, all 4-in-1 (Photocopier, Scanner, Fax, Printer) machines will be recalled from all Councillors offices on the day of the declaration of the Local Government Election results.

3.4.6.4 That it be noted that a week before the pronouncement of the election date, all Councillors should give an indication whether they will return Laptops; IPads and Cellphones (where applicable) or they are opting to purchase these at a market value determined by the Information Systems Department (IS).

3.4.6.5 That it be noted that as at end of January 2016, no laptop insurance claims will be processed by the Insurance Department, however, Councillors requiring laptop replacements after this date will be issued with laptops on loan, to be returned at the end of the current Council term of office.Recommendations AMENDED by the deletion of 3.4.6.4 and thereafter NOTED.


3.4.7 Internal Delivery of Council Agendas and Minutes (3/4/7):(Page 231 : Governance and Human Resources Committee - Agenda 2015-11-30)

The Executive Committee amended the recommendation submitted by the Governance and Human Resources Committee in its entirety and replaced it with a recommendation detailed below.


3.4.7.1 That the City Manager be mandated to investigate and report back to the Executive Committee on the following:

3.4.7.1.1 The possibility of utilising internal delivery service for the delivery of Agendas, Minutes and any other meeting documents to Councillors.

3.4.7.1.2 The financial and legal implications of utilising the internal delivery system.ADOPTED.

3.4.8 Report – 16 Days of Activism for No Violence Against Women and Children (19/1/1/2/1):(Page L2 : Governance and Human Resources Committee - Agenda 2015-11-30)

With 21 Councillors present at the Governance and Human Resources Committee, 16 Councillors (ANC -13, IFP - 01 MF - 01 and TA - 01) voted in support of the recommendations and 05 - DA Councillors voted against the recommendations. The recommendations were, by the majority vote, carried.


3.4.8.1 That the report by the Head : Community Participation and Action Support dated 2015-11-04, relative to 16 Days of Activism for no violence against Women and Children Abuse, be approved.

3.4.8.2 That subject to the approval of .1 above, authority be granted to the Head: Community Participation and Action Support to incur expenditure to the value of R837 000.00 (Eight Hundred and Thirty Seven Thousand Rand only) to implement the programme for the 16 days of Activism for no violence against Women and Children Abuse.

Various Vote Numbers as reflected in the report by the Head : Community Participation and Action Support. FC Number: 06/32.ADOPTED.

3.4.9 Payment of Travelling Allowance to Employees Geographically Relocated from the Bisasar Road Landfill Site to Buffelsdraai Landfill Site: Cleansing & Solid Waste Unit: SW2015/011 (4/5/1/8/9):(Page L4 : Governance and Human Resources Committee - Agenda 2015-11-30)


3.4.9.1 That for the reasons as set out in the report of the Head: Cleansing and Solid Waste dated 2015-06-10, all employees affected from the Cleansing and Solid Waste Unit who are to be relocated from the Bisasar Road Landfill Site to the Buffelsdraai Landfill Site be paid a travelling allowance for a six (06) month period from the date


of relocation and the amount will only be paid per person per day for the days that the employee has actually worked.

3.4.9.2 That should a similar need arise in future operations, such authority be delegated to the Deputy City Manager: Trading Services in line with resolution taken in respect of Water and Sanitation.

Vote No.: 79806.00280; R1 200 000.00 (To be met via an Adjustment Budget in 2015/2016).ADOPTED.

3.4.10 Request to Implement Vulnerable Groups Special Programme – Vulnerable Children (19/1/1/2/1):(Page L5 : Governance and Human Resources Committee - Agenda 2015-11-30)



3.4.10.1 That authority be granted for the Head: City Administration and the Head: Community Participation and Action Support to implement the Vulnerable Groups Special Programme for Vulnerable Children within the eThekwini Municipal area scheduled to be held on 5 December 2015 at an estimated costs of R693 000.00 (Six Hundred and Ninety Three Thousand Rand) which will be split between the City Administration and the Community Participation Action Support Units as follows:-

3.4.10.1.1 Special Programmes - R530 000.00

3.4.10.1.2 Community Participation - R163 000.00

3.4.10.2 That authority be granted for the programme to be held on an annual basis since it promotes a culture of participation by children on matters affecting them.

Total budget from Community Participation: R163 000.00Vote number: 32316.11908; FC No.: 06/36

Total budget from City Administration (Special Programmes): R530 000.00Vote number: 32131.10571.00007; FC No.: 08/28ADOPTED.

3.4.11 Celebrating 15 Years of Local Government Transformation:(Presentation : Governance and Human Resources Committee - Agenda 2015-11-30)


3.4.11.1 That the concept for the Municipality to celebrate 15 Years of Local Government Transformation, as presented by the Head: Communications, be approved.


3.4.11.2 That authority be granted for the Deputy City Manager: Governance and International Relations to oversee the implementation of the programme in conjunction with relevant Municipal structures.

3.4.11.3 That subject to the approval of .1 above, authority be granted for the Deputy City Manager: Governance and International Relations to identify funding for the implementation of the 15-Year Celebration of Local Government Transformation. ADOPTED, by a majority vote

3.4.12 Driving Awareness of Effective Service Delivery Successes 2011-2016:(Presentation : Governance and Human Resources Committee - Agenda 2015-11-30)


3.4.12.1 That authority be granted for the Head: Communications to implement the Driving Awareness of Effective Service Delivery Successes 2011 - 2016 in order to effectively reach, communicate to end and engage with citizens who are classified by suburb/township so that there is a common understanding of Municipal service delivery, social services, social development and economic development achievements that has taken place in eThekwini Municipality in the past 21 years of democracy.

3.4.12.2 That authority be granted to the Head: Communications to implement a plan to roll out a mass media awareness campaign to ensure all eThekwini residents are aware of the service delivery programme and successes of the Municipality. WITHDRAWN.

3.4.13 Request to Implement Vulnerable Groups Special Programme – People with Disabilities (PWD) (19/1/1/2/2):(Page L6 : Governance and Human Resources Committee - Agenda 2015-11-30)



3.4.13.1 That authority be granted for the Head: City Administration and the Head: Community Participation and Action Support to implement the Vulnerable Groups Special Programme (PWD) 2015 within the eThekwini Municipal area scheduled for 12 December 2015 at an estimated cost of R733 092.00 (Seven Hundred and Thirty Three Thousand and Ninety Two Rand) to be split between the City Administration and the Community Participation and Action Support Units as follows:-

3.4.13.1.1 Special Programmes - R401 092.00

3.4.13.1.2 Community Participation - R350 000.00

3.4.13.2 That given the impact the programme has in enhancing accessibility and interface between the Council, Administration and the Disability Sector, authority be granted for the programme to be held on an annual basis.


Total budget from Community Participation: R350 000.00Vote number: 32316.11908

Total budget from City Administration (Special Programmes): R401 092.00Vote number: 32131.10571.00007; FC No.: 06/35Recommendations AMENDED in 3.4.13.1 thereof by the deletion of the amount and the amount in words within brackets “R733 092.00 (Seven Hundred and Thirty Three Thousand and Ninety Two Rand)” and by the substitution therefor of the amount and the amount in words within brackets “R751 092.00 (Seven Hundred and Fifty One Thousand and Ninety Two Rand)”, and thereafter ADOPTED.

3.4.14 Women and Children Abuse Dialogue (19/1/1/2/1):(Page L5 : Governance and Human Resources Committee - Agenda 2015-11-30)



3.4.14.1 That the report by the Head: Community Participation and Action Support dated 2015-11-04 relative to the 16 Days of Activism for no violence against Women and Children Abuse Dialogue, be approved.

3.4.14.2 That subject to the approval of .1 above, authority be granted for the Head: Community Participation and Action Support to incur expenditure to the value of R285 000.00 (Two Hundred and Eighty Five Thousand Rand) to implement the programme for the 16 days of Activism for Women and Children Dialogue.

Various Vote Numbers as reflected in the report by the Head : Community Participation and Action Support. FC Number: 06/32ADOPTED.

3.4.15 Request to Implement Youth Programme (19/1/1/2/2):(Page L3 : Governance and Human Resources Committee - Agenda 2015-11-30)



That authority be granted for the Head: Community Participation and Action Support to incur expenditure of R982 250.00 (Nine Hundred and Eighty Two Thousand Two Hundred and Fifty Rand) to implement the Youth Programme in the 2015/2016 financial year, as contained in the report of the Head: Community Participation and Action Support dated 2015-11-05.ADOPTED, by a majority vote


3.5 REQUEST TO IMPLEMENT SECTION 116 (3) (a) and (b) OF THE MUNICIPAL FINANCE MANAGEMENT ACT TO INCREASE PROJECT AUTHORITY FOR THE PROVISION OF MODEMS AND SIM CARDS INCLUDING DATA FOR USE ON EMPLOYEES AND COUNCILLORS LAPTOPS (CF-16/11) (1J7200) (9/1/3 & 8/1/6/1)

(Page 29)

The Committee noted that the contract under consideration had been secured by the City Fleet Unit but that the Electricity Unit requests to piggy back from it as per the provisions of the Supply Chain Management Regulations. This has resulted in 15% increase in contract value hence the request to implement Section 116(3) of the Municipal Finance Management Act.

Accordingly,


3.5.1 That, in terms of Section 116(3) of the Municipal Finance Management Act, authority be granted to the Head: Electricity increase project authority under Contract (CF-16/11) (1J7200) to cover estimated additional costs of R1 500 000.00 (One Million Five Hundred Thousand Rand) for the provision of modems and sim cards including data for use on employees and Councillors laptops for the following reason:-

3.5.1.1 The eThekwini Electricity Unit is piggy backing from the City Fleet Unit contract to meet its extensive use of GSM technology for data acquisition, telemetry and control of a plethora of critical devices connected to the electricity grid as well as for the support of or mobile workforce, thus increasing the City Fleet contract value by 15%.

3.5.2 That subject to the adoption of .1 above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendment to Contract (CF-16/11) (1J7200) in line with the requirements of Section 116(3) of the Municipal Finance Management Act.

FINANCIAL AUTHORITY: CONTRACT (CF-16/11) (IJ7200)

Details Excl. VAT VAT Incl. VAT

Estimated contract value R11 058 058.00 R1 548 128.12 R12 606 186.12

15% increase R 1 658 708.70 R 232 219.22 R 1 890 927.92

Total Cost to Council R12 716 766.70 R1 780 347.34 R14 497 114.04

ADOPTED.


3.6 REQUEST TO IMPLEMENT SECTION 116 (3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT FOR ADDITIONAL CONTRACT AUTHORITY UNDER CONTRACT NO. WS.6670: PREPARATION OF WATER USE LICENSE APPLICATIONS FOR 8 MAJOR WASTEWATER TREATMENT (9/1/3 & 23/1/11/2/1/2)

(Page 35)


3.6.1 That, in terms of Section 116(3) of the Municipal Finance Management Act, authority be granted for the Head: Water and Sanitation to increase current project authority of R1 086 455.34 (One Million and Eighty Six Thousand Four Hundred and Fifty Five Rand Thirty Four Cents) by R800 514.06 (Eight Hundred Thousand Five Hundred and Fourteen Rand and Six Cents) for preparation of water use license applications for 8 (Eight) major wastewater treatment for the following reasons:-

3.6.1.1 With Waste Water Treatment works licensing process being relatively new uncertainty existed about the precise requirements for applications, hence, the initial costing exclude critical activities which will render the Municipality unable to submit complete license applications. These activities include the following:

3.6.1.1.1 Additional wetland studies, estuarine & river health assessments (this is the major cost in the additional work (R330 000.00) – arising from the addition of (six) 6 assessments not included in the bill of quantities – costs in line with figure in the tender.

3.6.1.1.2 Sludge stockpile rehabilitation plans3.6.1.1.3 Waste Water Treatment Works conceptual layouts3.6.1.1.4 Additional Coastal Waters Discharge Applications3.6.1.1.5 Managing the drilling of monitoring wells3.6.1.1.6 Additional project management support

3.6.2 That subject to the adoption of .1 above, Council authorizes an amount of R283 045.41 (Two Hundred and Eighty Three Thousand and Forty Five Rand Forty One Cents), inclusive of VAT, to cover further contractual contingencies.

3.6.3 That subject to the adoption of .1 above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendment to Contract WS.6670 in line with the requirements of Section 116(3) of the Municipal Finance Management Act.

Vote No.: 62140.06974.00064; R855 187.67 (Provided 2015/16); FC No.: 65/15

Financial Implications:Excl. VAT VAT Incl. VAT

Existing contract authority 953 031.00 133 424.34 1 086 455.34

Contingencies 95 303.10 13 342.43 108 645.53

Existing total project authority 1 048 334.10 146 766.77 1 195 100.87

Additional contract authority 702 205.32 98 308.74 800 514.06

New contract authority 1 655 236.32 231 733.08 1 886 969.40

15% contingencies 248 285.45 34 759.96 283 045.41

Total cost to Council (new project authority) 1 903 521.77 266 493.05 2 170 014.82

Total additional cost to Council 855 187.67 119 726.27 974 913.94


The contingency has been set at 15%, since it is certain that the Department of Water and Sanitation will request some additional information after the applications have been submitted.

Sufficient funding has been provided in the operations budget for Project No. WS.6670 for the additional expenditure of R855 187.67 (exclusive of VAT).ADOPTED.

3.7 REQUEST TO IMPLEMENT SECTION 116 (3) (a) AND (b) OF THE MUNICIPAL FINANCE MANAGEMENT ACT FOR ADDITIONAL CONTRACT AUTHORITY UNDER CONTRACT E.9007: MAINTENANCE & REPAIR OF MEDIUM & LOW VOLTAGE SUBSTATIONS AND MEDIUM & LOW VOLTAGE OVERHEAD & UNDERGROUND MAINS FOR MV/LV OPERATIONS DURING A TWENTY FOUR MONTH PERIOD (27/2/1/3/R)

(Page 51)

The Committee noted that proper process had not been followed on this matter since the intention to increase project authority had already been advertised prior to obtaining Council approval. The Unit was then cautioned to follow normal process.


3.7.1 That in terms of Section 116(3) of the Municipal Finance Management Act, authority be granted for the Head: Electricity to increase the original project authority ofR210 000 000.00 (Two Hundred and Ten Million Rand) under Contract E.9007 byR48 300 000.00 (Forty Eight Million Three Hundred Thousand Rand) for the maintenance & repair of medium & low voltage substations and medium & low voltage overhead & underground mains for MV/LV operations, for the remaining period expiring in 2016-01-31, due to the following reason:

3.7.1.1 The Bid Adjudication Committee approved contract E.9007 on 2013-11-18 but due to an 18-month appeal the contract only commenced on 2014-02-01. This resulted in a price increase of 23% informed by contract price adjustment subsequently effected by SEIFSA.

3.7.2 That subject to the adoption of .1 above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendment to Contract E.9007 in line with the requirements of Section 116(3) of the Municipal Finance Management Act.ADOPTED.


3.8 REQUEST TO IMPLEMENT SECTION 116 (3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT FOR AMENDMENT OF SCOPE WITHIN THE SJ SMITH COMMUNITY RESIDENTIAL UNIT (CONTRACT 1H-10187) FOR REFURBISHMENT OF EXISTING BLOCK D (22/8/2/1)

(Page 54)


3.8.1 That, in terms of Section 116(3) of the Municipal Finance Management Act, authority be granted for the Head: Housing to amend the scope of work under Contract 1H-10187 for the refurbishment of existing Block D instead of Block F at SJ Smith Community Residential Units due to the following reasons:-

3.8.1.1 The tender awarded to refurbish Block F at SJ Smith Community Residential Unit has not commenced due to unresolved issues, hence, the need to reallocate funds to another dilapidated Block and with Block D having been identified for this purpose.

3.8.1.2 Not granting the change of scope will result in legal beneficiaries continuing to live in dilapidated conditions thereby posing health and safety hazards.

3.8.1.3 Much-needed service delivery will be delayed.

3.8.1.4 Funds allocated will not be expended and this will result in non-performance by Human Settlements.

3.8.1.5 Financial loss as the contract will claim damages to the City as the contract is still valid and rightfully awarded to the contractor.

3.8.3 That subject to the adoption of .1 above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendment to Contract 1H-10187 in line with the requirements of Section 116(3) of the Municipal Finance Management Act.ADOPTED.

3.9 APPLICATION BASED RATES REBATE ON RESIDENTIAL PROPERTIES (7/2/2)

(Page 58)


3.9.1 That, in line with the Council resolution of 2014-03-19, it be noted that the rates reduction for residential property has been allowed for in the 2014/15 financial year for the last time automatically and that in future it will be provided for as an applied rebate.

3.9.2 That Council notes that the intention is to budget for a rebate system and that all residential owners apply for the rebate, with the 2014/15 financial year to be utilized as the registration period and the Residential Owners Rates Rebate project to be fully implemented by 2016-07-01.


3.9.3 That Council notes that due to shortage of resources within the Information Management Unit; relevant tender approval awaited; and delays in the appointment of Project Supervisor, the project might not be available to be rolled out in time for the financial year commencing 2016-07-01.NOTED.

3.10 USE OF REVENUE MANAGEMENT SYSTEM (RMS) BY OTHER MUNICIPALITIES (10/2/2)

(Page 60)


That Council notes that the eThekwini Municipality granted permission to the Revenue Management System (RMS) developers, Cityworks, to roll out RMS to Ugu Municipality and Mogale City at no charge, it being recorded that eThekwini owns RMS applications and intellectual property, hence, upon the roll out of the RMS application in eThekwini Treasury intends developing a pricing mechanism in consultation with the Information Management Services and the Legal Services and subsequently seek approval of the National Treasury prior to any sale. NOTED.

3.11 PROGRESS REPORT ON CORNUBIA INTEGRATED HUMAN SETTLEMENT DEVELOPMENT 22/7/1/1/3)

(Page 61)


3.11.1 That Council notes progress on Cornubia Integrated Human Settlements Development, including, amongst other things, the following:

3.11.1.1 Construction is 100% completed on the full scope of works in Phase 1A.

3.11.1.2 Civil infrastructure for Phase 1B is 97.5% complete but at reduced scope of work due to lack of funding. Council has since approved additional funding and for full scope civil infrastructure and this matter is currently under discussion at the Bid Adjudication Committee level.

3.11.1.3 One contractor is engaged for the construction of 642 top structures of which 56 Units will be by alternate technology contractor. Construction of the balance of 1 544 top structures will commence upon the finalisation of negotiations with contractors regarding to contingency fees and pre-contract escalation.

3.11.1.4 Allocation of sites in Phase 1B will be undertaken using the allocation guideline and criteria approved by Council on 2015-03-31.

3.11.1.5 The process of consumer education; pre-screening; registrations; and approval of beneficiaries has commenced with 66 beneficiaries from Polokwane Transit Camp being prioritized for relocation due to the urgency of land being required for the construction of MR577.


3.11.1.6 To date 437 subsidies have been approved by the Provincial Department of Human Settlements.

3.11.1.7 The Environmental Impact Assessment for Phase 2 was finalised on 2015-10-13. The supply chain management process for appointment of Phase 2 Project Manager and Professionals to undertake detailed planning of the precinct layout of the housing component is underway.

3.11.1.8 Human Settlements has identified a site within the Municipal ownership to set up Athletes Village during the 2022 Commonwealth Games and concept proposals for this site have been prepared.

3.11.1.9 The World Bank has appointed the Transaction Advisor to deal with economic opportunities in Cornubia. A request has been made for feasibility on Cornubia North as a natural extension of the project.

3.11.1.10 Plans for educational facilities; community hall; and retail facilities have been finalised and areas of co-operation and budget where applicable are still to be addressed.NOTED.

3.12 ACQUISITION OF LAND FOR THE DSW SHONGWENI LANDFILL SITE (SW2015/022) 24/8/2/1/2 & 17/2/1/1/2)

(Page 65)


3.12.1 That, authority be granted for the Head: Real Estate to acquire land and/or servitude for the Cleansing and Solid Waste Unit future needs in the western landfill site in Shongweni at an estimate price of R27 550 000.00 (Twenty Seven Million Five Hundred and Fifty Thousand Rand), subject to the approval of the necessary adjustment budget.

3.12.2 That, subject to the approval of .1 above, authority be granted for the Head: Real Estate to deviate from the normal Supply Chain Management Regulations and negotiate with the current land owner, TongaatHulett Ltd for the acquisition of any land and/or servitude rights required to establish the Shongweni Landfill, utilizing Section 36 (1) (a) (ii) of the Municipal Supply Chain Management Regulations.

3.12.3 That subject to the adoption of .1 above and the approval of 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/registration of the required land and/or servitude rights to the eThekwini Municipality.

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


3.12.5 That in the event of negotiations being unsuccessful, the Head: Real Estate be authorized to expropriate any land and/or servitude rights to establish the Shongweni Landfill and to sign all documents necessary to give effect to the expropriation.

3.12.6 That subject to the final negotiated price the current estimate shortfall in funding of R7 550 000.00 (Seven Million Five Hundred and Fifty Thousand Rand) be met from savings to be identified in the 2016/2017 year via an adjustment budget.

Project No: WSH01; R 20 000 000.00; (Provided 2016/2017 Capital Budget)R 7 550 000.00; (To be met from savings in the 2016/2017

Adjustment Budget)

FC No. 66/C06ADOPTED, by a majority vote

3.13 REQUEST FOR AUTHORITY TO TRANSFER FUNDS FOR ISLAND VIEW ROAD WASTE WATER PUMP STATION MECHANICAL AND ELECTRICAL UPGRADE PROJECT: Y6447 – WARD 66 : WS2015/163 (7/1/2/2 & 23/1/11/2/1/2)

(Page 68)


That due to significant delays in implementing Island View Road Waste Water Pump Station Mechanical and Electrical Upgrade Project as a result of hydraulic analysis which subsequently delayed the ordering of the main pumpsets worth R6 million, authority be granted for the Deputy City Manager: Finance to include in his Adjustments Budget report, the transfer of R3.7 million from Project Y6633 Hillcrest Waste Water Treatment Works upgrade and R3.0 million from Project Y6520 Merrivale Road Area Sewer Reticulation Project to Project Y6447 Island View Road Waste Water Pump Station Mechanical and Electrical Upgrade Project.

Cost Centre 65300, Project No.Y6447; R6 700 000.00 (to be met by savings via an adjustment budget, from Projects Y6633 and Y6520)


3.14 WS2015/170: REQUEST FOR AUTHORITY TO TRANSFER PROJECT FUNDS (7/1/2/2)

(Page 70)


That in view of Council authority having been given for projects including Jeffels Road Depot; Laboratory Extension; Springfield Precast Yard; and Springfield Supply Road but deferred for various reasons as outlined in the report by the Deputy Head: Water and Sanitation dated 2015-10-14, authority be granted for the Deputy City Manager: Finance to include in his Adjustment Budget report, the transfer of funds from projects where savings have been identified to fund the aforementioned projects in the 2015/2016 financial year.


Project No. Various; R5 452 880; (To be met from savings via a Adjustment Budget from, as per attached schedule, in 2015/2016)


3.15 REQUEST TO IMPLEMENT SECTION 116(3) OF THE MUNICIPAL MANAGEMENT FINANCE ACT TO ADJUST PERIOD PERFORMANCE FOR EXTENSION TO VARIOUS PROFESSIONAL SERVICES CONTRACTS (22/7/1/1/2)

(Page 77)


3.15.1 That, in terms of Section 116(3) of the Municipal Finance Management Act, authority be granted for the Head: Housing to adjust the period of performance for various professional service providers, with no adjustment to the award value, in order to continue with professional services for the implementation of the Human Settlement Housing Units for the following reasons:-

3.15.1.1 Delays in the finalization of land acquisition processes, which had to be finalized before professionals could execute any work.

3.15.1.2 The adoption of high density housing typologies in projects delays the preparation of suitable Town Planning layouts and approvals and also changes in government Regulations and Laws.

3.15.1.3 Delays in obtaining town planning approvals and also changes in Government Regulation & Law i.e. from LFTEA to PDA and now SPLUMA which necessitate approval.

3.15.1.4 Town Planning; Environmental; and Engineering approvals are in progress for most contracts, hence specific professionals are attached.

3.15.1.5 Stages 1, 2 and 3 applications for subsidy funding have been submitted to the Provincial Department of Human Settlements. Some applications have been approved and others are waiting approval. Professional liability are attached with these professionals.

3.15.1.6 Compliance with new Environmental Legislations i.e. WULA (Water Use Licence), necessitated additional studies to comply with the Act.

3.15.2 That subject to the adoption of .1 above, public notices in terms of Section 116 (3) requesting comments and/or objections to the proposed amendments to the various professional services contracts be advertised in the relevant print media for the prescribed period of time.ADOPTED.


3.16 PROPOSED MODELS FOR VEHICLE OWNERSHIP AND OPERATIONS FOR THE INTEGRATED RAPID PUBLIC TRANSPORT NETWORK (IRPTN) (26/3/1/1)

(Page 100)

The Executive Committee agreed to approve the above item on condition that the Head: eThekwini Transport Authority should make a comprehensive presentation on the involvement of public transport operates in the implementation of the Integrated Rapid Public Transport Network system within the City.

Accordingly,


3.16.1 That Council approves the establishment of a Municipal Entity in principle as the preferred model for vehicle ownership in the Integrated Rapid Public Transport Network (IRPTN) system.

3.16.2 That Council approves the establishment of a Municipal Entity in principle as the preferred model for Vehicle Operating Company (VOC) to be applied in the IRPTN system.

3.16.3 That Council approves the completion of section 84 assessment to inform the approval of the Municipal Entities for vehicle ownership of the IRPTN Vehicles,

3.16.4 That Council approves the completion of Section 84 assessment to inform the approval of the Municipal Entities to operate vehicles in Phase 1 of the IRPTN system.

3.16.5 That Council endorses the presentation of these models in the negotiation process between the eThekwini Transport Authority and the existing operators (bus and minibus taxi) with regard to their involvement in the IRPTN.ADOPTED.

3.17 REQUEST TO IMPLEMENT SECTION 116 (3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT FOR THE PROVISION OF CIVIL ENGINEERING SERVICES AND FOUNDATION SLABS FOR APPROXIMATELY 600 SITES FOR THE NTUZUMA D, PHASE 2 AND 3 HOUSING PROJECT : 4V-10458 (9/1/3) & 22/7/1/1/3)

(Page 132)


3.17.1 That, in terms of Section 116(3) of the Municipal Finance Management Act authority be granted to increase project authority for the provision of civil engineering services and foundation slabs for approximately 600 sites for the Ntuzuma D, Phase 2 and 3 Housing Project, which will entail additional works for construction of Top structures, restrictive servicing of sites, repair and maintenance of existing transit facility and construction of additional transit faculties, for the following reasons:


3.17.1.1 Without housing construction contractor works on the civil contract will stop in approximately 2 to 3 months, with no workspace available to continue working. This is due to families not being able to move out of transit facilities into completed serviced houses.

3.17.1.2 There is a potential risk of people in the transit camp starting to protest due to the long period of time spent in the transit facility and due to the poor condition of the transit facility.

3.17.1.3 Those families that have been allocated houses without facilities are finding it difficult without water and a working sewer system and they have since vented their frustration to the Municipal leadership.

3.17.1.4 People currently living in shacks have seen some development in the area since 2011 and this may flare up again if nothing is done to speed up the delivery in the area.

3.17.1.5 Any stoppage of works will result in potential invasion in the area, with outsiders staking a claim to units meant for the resident community.

3.17.2 That subject to the adoption of .1 above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendment to Contract 4V-10458 in line with the requirements of Section 116(3) of the Municipal Finance Management Act.


1. Existing Contract Value R97 196 875.60

2. Proposed Additional Work Value R21 159 062.68

3. Revised Total R118 355 938.28

All figures reflected are Ex.VATThe proposed value represents 30% of the existing value of worksADOPTED.

3.18 REQUEST FOR APPROVAL FOR THE MAYOR/DEPUTY MAYOR AND PROJECT MANAGER: DURBAN TOURISM TO ACCOMPANY MEC FOR ECONOMIC DEVELOPMENT, TOURISM AND ENVIRONMENTAL AFFAIRS TO UNDERTAKE TECHNICAL AND TOURISM BUSINESS DEVELOPMENT VISIT TO THE ETHIOPIA AIRLINES HEADQUARTERS IN ADDIS ABABA, ETHIOPIA DURING THE PERIOD 12-16 DECEMBER 2015 (14/1 & 20/1/4)

(Page L7)


3.18.1 That authority be granted for His Worship the Mayor, Councillor James Nxumalo, the Deputy Mayor Councillor Nomvuzo Shabalala and Project Manager: Durban Tourism to join the delegation led by the MEC for Economic Development, Tourism and Environmental Affairs to travel to Ethiopia to engage on their operations in preparation for the inaugural flight from Ethiopia to King Shaka International Airport on 2015-12-16.



The estimated cost of the travel and accommodation costs will be under R80 000.00

Vote No.: 26723.07825 R80 000.00 (Excl.VAT) Provided in 2015/16FC No.: 13/13ADOPTED.

3.19 INANDA ROAD REZONING AND RELATED INFRASTRUCTURE UPGRADES (21/7/3)

(Page L8)


3.19.1 That the Acting Deputy City Manager: Economic Development and Planning be authorised to finalise the necessary administration required to convert the zoning along Inanda Road from light industrial to commercial, after consideration of the land-use survey results.

3.19.2 That subject to the adoption of .1 above, Council approves the allocation of R10 Million, in the capital budget, for transport related infrastructure.

3.19.3 That the Head: eThekwini Transport Authority finalise the necessary administration required to implement the necessary transport infrastructure upgrades along Inanda Road, in order to support the revised commercial zoning in the area.

3.19.4 That the Head: Development Planning and Environmental Management report back to the Economic Development and Planning Committee on progress with regards to this matter.ADOPTED.

3.20 PROPOSED T.A.S.K JOB EVALUATION POLICY (4/P)

(Page L9)


3.20.1 That the T.A.S.K Job Evaluation Policy for the Municipality contained in the report by the Head : Human Resources dated 2015-09-16, be adopted.

3.20.2 That subject to the adoption of .1 above, authority be granted to the City Manager to proceed with the implementation of the Job Evaluation Policy of the eThekwini Municipality with effect from the date of the approval of the policy by full Council.

3.20.3 That authority be granted for the City Manager to implement the audited T.A.S.K Grade outcomes by the Provincial Audit Committee which are to be funded from savings identified during the budget adjustment.ADOPTED.


3.21 RENEWABLE ENERGY AND WASTE SOLUTION FOR SOUTH AFRICA

(Page L11)

The Executive Committee received a presentation from Ladybird Economic Advancement Partnership (LEAP) Ltd, a company established to help towns, cities and communities throughout South Africa by transforming excess waste and sewage into renewable energy solutions. The proposed solution was considered a viable option for the City but that a need exists to investigated it further for the City to understand what exactly are the commitments in this regard.

The benefits of the solution, including engagement and women empowerment; energy self-sufficiency; sustainable waste management; and reduced carbon foot print were noted. It was also noted that the solution augurs well with climate change initiatives. The Committee noted that the preliminary activity on this solution involves undertaking pre-feasibility study at no cost to the Municipality.

With the Committee supporting the solution in principle pending further investigation to be conducted by the Technical Team comprising relevant departments,


3.21.1 That Council approves in principle proposed partnership with Ladybird Economic Advancement Partnership (LEAP) Ltd to implement a solution seeking to manage disposal of excess waste and the provision of reliable electricity supply by using the excess waste to produce renewable energy whilst also uplifting and enhancinglocal communities.

3.21.2 That a Technical Task Team comprising Treasury; Legal; Water and Sanitation; Cleansing and Solid Waste; and Supply Chain Management Units be established to discuss issues pertaining to terms of engagement with LEAP and provide comprehensive feedback to enable Council to commission pre-feasibility study based on an informed premise and also take specific decision on the direction to be taken by the Municipality at the conclusion of the study.ADOPTED.

4. FOURTH REPORT OF THE EXECUTIVE COMMITTEE : SPECIAL MEETING HELD ON TUESDAY, 2015-12-03

4.1 APPOINTMENT OF DEPUTY CITY MANAGERS

The Executive Committee considered the report by the Deputy City Manager: Human Resources, whereafter

COMMITTEE RECOMENDS:

4.1.1 That the appointment of Mr Simphiwe Duma as Deputy City Manager : Trading Services be rescinded due to unresolved allegations levelled against him by his previous employer.


4.1.2 That the Council resolution of 2015-08-13 to appoint Mr Philemon Mashoko as the Deputy City Manager: Human Settlements, Engineering Services and Transport, be rescinded.

4.1.3 That in view of .2 above Mr Philemon Mashoko be appointed to the post of Deputy City Manager : Trading Services.

4.1.4 That subject to the adoption of .3 above authority be granted to the Executive Committee to finalise the appointment of Mr Philemon Mashoko as the Deputy City Manager : Trading Services.

4.1.5 That the position for the Deputy City Manager : Human Settlements, Engineering Services and Transport be re-advertised with immediate effect.ADOPTED.

5. REPORT OF THE MUNICIPAL PUBLIC ACCOUNTS COMMITTEE

5.1 ALLEGED COVER QUOTING

5.1.1 INTRODUCTION

At our meeting held 2014-09-02 we considered the report on Requests/Awards made in terms of Regulation 36 of the Municipal Supply Chain Management (Deviation and Ratification of Minor Breaches of Procurement Processes) for July 2014.

We queried the award of a contract for the construction of temporary accommodation at a cost of approximately R31 million in an informal settlement following a fire disaster.

In examining the matter further we found that as the invitation for bids had been advertised with the incorrect CIDB grading; the award could not be made to the lowest bidder; with the Bid Adjudication Committee opting to award to the second lowest. We were concerned that the invitation for bids had not been re-advertised in light of the incorrect grading and questioned whether value for money had been received by the Municipality.

We then interrogated the Head: Human Settlements on the rationale of spending R31.2 million on temporary structures when permanent structures could have been built at a similar cost and for investing such a large amount in an area that had been found to be unconducive for living.

5.1.2 PROCESS

Following our interaction with the Heads: Supply Chain Management and Human Settlements, we undertook an inspection-in-loco of the construction site. We found the quality of workmanship on the project very poor and felt that the Municipality had not received value for money. Whilst we were of the view that the bad workmanship was unacceptable and should be addressed immediately; we resolved that the work needed to be measured against the Human Settlement Unit’s specifications to enable its fair assessment.


We therefore tasked the Head: City Integrity & Investigations Unit to investigate the quality of work in order to establish whether the City had received value for money and whether the units were built according to specification.

The preliminary investigation by the Unit revealed the possibility of cover quoting by a group of companies which appeared to be inter-related. In examining the tender documents submitted by the companies for the project it was found that some of the companies shared contact details and the handwriting appeared to be similar.

Due to the magnitude and complexities of the investigation, the Unit sought the assistance of KPMG who were tasked to:-

i) Investigate allegations of potential collusion in respect of the submission of competing tenders to the Municipality, in a manner that prevented or lessened competition in the market by six identified service providers.

ii) Investigate any potential irregularities, including fraud or contraventions of the Municipal Finance Management Act in respect of the submission of tenders by the six entities to the Municipality.

The scope of the investigation was therefore extended to cover the award of projects from 2008 to 2015.

5.1.3 LEGISLATIVE PROVISIONS

5.1.3.1 Competition Act, Act 89 of 1998

4 Restrictive horizontal practices prohibited(1) An agreement between, or concerted practice by, firms, or a decision by an

association of firms, is prohibited if –

(a) it is between parties in a horizontal relationship and it has the effect of substantially preventing or lessening competition in a market, unless a party to the agreement, concerted practice, or decision can prove that any technological, efficiency or other pro-competitive, gain resulting from it outweighs that effect; or

(b) it involves any of the following restrictive horizontal practices:-(i) directly or indirectly fixing a purchase or selling price or any

othertrading condition;(ii) dividing markets by allocating customers, suppliers, territories,

orspecific types of goods or services; or(iii) collusive tendering.

(2) An agreement to engage in a restrictive horizontal practice referred to in subsection(1)(b) is presumed to exist between two or more firms if –

(a) any one of those firms owns a substantial shareholding, interest or similar rightin the other, or they have at least one director or substantial shareholder incommon; and

(b) any combination of those firms engages in that restrictive horizontal practice.


5.1.3.2 Supply Chain Management Policy, 2013

38.Combating of abuse of supply chain management system

The Accounting Officer must establish measures for the combating of abuse of the supply chain management system as follows:

(1) The Accounting Officer must:-

(a) take all reasonable steps to prevent abuse of the supply chain managementsystem;

(b) investigate any allegations against an official or other role player of fraud,corruption, favouritism, unfair or irregular practices or failure to comply with this supply chain management policy, and when justified:-(i) take appropriate steps against such official or other role player; or(ii) report any alleged criminal conduct to the South African Police

Service.

(c) take all reasonable steps to ensure that no recommended bidder, or any of Its directors, is listed as a person prohibited from doing business with the Public sector and/or blacklisted by the Municipality;

(d) reject any bid from a bidder if any municipal rates and taxes or municipal service charges owed by that bidder or any of its directors to the municipality, or to anyother municipality or municipal entity, are in arrears for more than three months; or

(e) reject a recommendation for the award of a contract if the recommended bidder, or any of its directors, has committed a corrupt or fraudulent act in competing for the particular contract;

(f) cancel a contract awarded to a person if:(i) the person committed any corrupt or fraudulent act during the

Bidding process or the execution of the contract; or(ii) an official or other role player committed any corrupt or fraudulent

Act during the bidding process or the execution of the contract that benefited that person.

(g) Reject the bid of any bidder if that bidder or any of its directors –(i) has abused the supply chain management system of the

municipality or has committed any improper conduct in relation to such system, and has been blacklisted in terms of this policy;

(ii) has been convicted for fraud or corruption during the past five years;

(iii) haswillfully neglected, reneged on or failed to comply with anygovernment, municipal or other public sector contract during the past five years;

(iv) has been listed in the Register for Tender Defaulters In terms section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004);and

(vi) has been Blacklisted by the Municipality.


(2) The Accounting Officer must inform the National Treasury and relevant provincial treasury in writing of any actions taken in terms of subparagraphs (1)(b)(ii), (e) or (f) of this policy.

5.1.4 FINDINGS

The investigation found, interalia,:-

5.1.4.1 Associations between five of the identified service providers.

5.1.4.2 Submission of competing tenders by associated service providers.

5.1.4.3 Irregularities in submissions to the Construction Industry Development Board.

5.1.4.4 Misrepresentation in submissions to the Municipality.

5.1.4.5 Irregularities in the departmental evaluation of tenders.

5.1.5 RECOMMENDATIONS

Having duly deliberated on this matter


That the following actions, interalia,that the City Manager has taken in implementing the recommendations contained in the forensic report by KPMG dated 2015-07-10 relative to Cover Quoting be supported:-

5.1.5.1 Submitting the investigation report to the Blacklisting Committee for consideration.5.1.5.2 Determining the names of officials involved in collusive behaviour with a view to

take disciplinary action against them.5.1.5.3 Reporting the matter to the South African Police Services.5.1.5.4 Ensuring that no further contracts are awarded to the service providers involved.5.1.5.5 Re-submitting the matter to the Competitions Commission.

Report WITHDRAWN.

6. REPORT OF THE ETHICS COMMITTEE

The above-mentioned Report was not Laid on Table.

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

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

His Worship the Mayor,Councillor JS Nxumalo : 2015-12-03 (Municipal business)Councillor BA Chili : 2015-12-02 to 03 (Indisposed)Councillor JM Dlamini : 2015-12-03 (Municipal business)Councillor HE Dube : 2015-12-03 (Municipal business)Councillor BA Fortein : 2015-12-01 to 09 (Municipal business)


Councillor NL Graham : 2015-12-03 (Personal Commitments)Councillor DG Hoorzuk : 2015-12-03 to 04 (Personal Commitments)Councillor SA Kaunda : Request to leave at 12:30Councillor RD Mcpherson : 2015-12-03 (Indisposed)Councillor HG Maphumulo : 2015-12-03 to 04 (Municipal business)Councillor SE Mhlongo : 2015-12-02 to 04 (Personal Commitments)Councillor LM Mhlongo-Ntaka : 2015-11-29 to 12-03 (Municipal business)Councillor ON Mthembu : 2015-12 03 to 07 (Indisposed)Councillor TM Mthethwa : 2015-12-03 to 04 (Personal Commitments)Councillor TS Mtshali : 2015-12-03 (Personal Commitments)Councillor S Naidoo : Request to leave at 13:30Councillor LN Ndlovu : 2015-12-03 (Personal Commitments)Councillor J Pienaar : 2015-12-03 (Municipal business)

City Administration: Secretariat03 December 2015

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