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KRR(2016-12-08)()[CHALL-140036] 2016-12-08

COUNCIL DECISION CIRCULAR : MEETING HELD ON 2016-12-08

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2016-12-08.

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 - 2016-12-08)

1. FIRST REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2016-11-15

1.1 REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD ON 2016-11-01

(Page R1)

1.1.1 Proposed Transfer of Land: Erf 2805 Ntuzuma-G Watch Tower Bible and Tract Society of South Africa Number 2006/022758/08 (17/2/1/2/3):(Page 6: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)

COMMITTEE RECOMMENDS:

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

1.1.1.1.1 That the property described Erf 2805 Ntuzuma-G is not required to provide the minimum level of basic Municipal services; and

1.1.1.1.2 That the fair market value of the land at R200 000.00 (Two Hundred Thousand Rand) has been considered however a purchase price of R3 809.40 (Three Thousand Eight Hundred and Nine Rand Forty Cents) has been paid in accordance with Provincial Housing Board KZN Resolution KR 19970279.

1.1.1.2 That the property described as Erf 2805 Ntuzuma-G, Registration Division FT, Province of KwaZulu-Natal in extent 1547m² as depicted on SJ 4705/6 and SG 2611/1999, which was sold by private treaty to Watch Tower Bible and Tract Society of South Africa registration number 2006/022758/08) at the price of R3 809.40 (Three Thousand Eight Hundred and Nine Rand and Forty Cents) and paid by the Purchaser in accordance with resolution KR 19970279 adopted by the former KwaZulu-Natal Provincial Housing Board be hereby transferred to the purchaser.

1.1.1.3 That subject to the adoption of paragraphs .1 and .2 above, the Head: Real Estate be authorized by the powers vested through the system of delegations to sign all documents to give effect to the transaction.

1.1.2 Proposed Deproclamation/ Sale of Land by Private Treaty: Proposed Ptn [A] of Erf 2394 Westville:(5: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)


1.1.2.1 That the Municipality declares in terms of Section 14(2)(a) and (b) of the Municipal Finance Management Act that:

1.1.2.1.1 The property described as Erf 2394, Westville is not required to provide the minimum level of basic Municipal services; and

1.1.2.1.2 That the fair market value of the property is currently assessed at a value of R22 000.00 (Twenty Two Thousand Rand) exclusive of VAT.


1.1.2.2 That in terms Section 211 of Ordinance 25 of 1974 the road area in extent approximately 209 m2 as depicted on plan SJ 4648/7 be permanently closed and rezoned by the purchasers within two (2) years of Council authority being granted.

1.1.2.3 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, Proposed Portion [A] of Erf 2394 Westville, Registration Division FT, Province of KwaZulu-Natal in extent approximately 209m² depicted on Plan No. SJ 4648/7 be sold in freehold by private treaty to Ryan Peter Lipke(ID No: 8701255026085) and Michelle Ingrid Lipke (ID No: 8609050184084 at a price of R22 000.00 (Twenty Two Thousand Rand) exclusive of VAT, such purchase price reflecting the current market value of the land as assessed by a registered Valuer.

1.1.2.4 That in the event of objections being lodged to the proposed deproclamation of Proposed Portion [A] Of Erf 2394 Westville when it is statutorily advertised, the matter be referred to the MEC, Co-Operative Governance and Traditional Affairs for consent.

1.1.2.5 That in the event of objections being lodged to the proposed disposal of Proposed Portion [A] Of Erf 2394 Westville, the matter be referred for resolution in terms of the section 50 of the Supply Chain Management Policy headed “Resolution of Disputes, Objections, Complaints and Queries”.

1.1.2.6 That subject to the adoption of paragraphs .1 to .5 above, the Head: Real Estate be authorized by the powers vested through the system of delegations to sign all documents to give effect to the transaction.

1.1.3 Proposed Alienation of Land in the Form of a Long Term Lease By Public Tender: Corner of Croydon and Woodford Grove, Durban - Erf 12490 Durban (17/2/1/2/5):(Page 29: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)


1.1.3.1 That the Municipality declares in terms of Section 14 of the Municipal Finance Management Act 56 of 2003 read together with Section 34 (2) (b) and Section 34 (3)(a) and (b) of the Asset Transfer Regulations:

1.1.3.1.1 That the property described as Erf 12490, Durban is not required for providing the minimum level of basic Municipal services;

1.1.3.1.2 That a long term right is proposed to be granted in respect of the capital asset;

1.1.3.1.3 That the open market value of Erf 12490 Durban is currently assessed at a value of R950 000-00 (Nine Hundred and Fifty Thousand Rand) exclusive of VAT; and

1.1.3.1.4 that the economic and community values have been considered.

1.1.3.2 That the property described as Erf 12490 Durban be alienated by public tender on a long term lease basis in accordance with the provisions of the preferential procurement policy framework and the supply chain management policy.

1.1.3.3 That in the event of objections being lodged to the proposed alienation of Erf 12490 Durban, when it is statutory advertised the matter be referred for resolution in terms


of Section 50 of the Supply Chain Management Policy headed “Resolution of Disputes, Objections, Complaints and Queries.

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

1.1.3.5 That subject to the adoption of .1 to .4 above, and the approval of Bid Adjudication Committee, the Head: Real Estate be authorized to sign all documents necessary to conclude the agreement.

1.1.4 WS 2016/112: Authority to Construct Water Projects (23/1/11/3/1 & 7/1/2/2):(3: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)


1.1.4.1 That the report by the Head : Water and Sanitation dated 2016-06-15 relative to authority to Construct Water Projects as contained in the report, be approved.

1.1.4.2 That subject to the adoption of .1 above, the Head: Treasury Expenditure be authorized 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 no. WS 2016/112 dated 2016-06-15.

1.1.4.3 That subject to the approval of .1 above and in order to meet the excess expenditure in this financial year, the Head: Expenditure be authorized to include in his Adjustment Budget Report the transfer of R914 570.00 (Nine Hundred and Fourteen Thousand Five Hundred and Seventy Rand) from the Watermains Replacement block sum to LBC Housing block sum as reflected in the Report No. WS 2016/112 dated 2016-06-15.

1.1.4.4 That subject to the adoption of .1 above, and in order to meet the excess expenditure in this financial year, the Head: Expenditure be authorized to include in his Adjustment Budget Report the transfer of R23 308 854.51 (Twenty Three Million Three Hundred and Eight Thousand Eight Hundred and Fifty Four Rand Fifty One cents) from the following block sums: X5188, X4215, X4247, X7763, X4889 and X6307 (Zwelibomvu Reservoir) to Relays & Extensions block sum as reflected in the Report No.WS 2016/112 dated 2016-06-15.

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

Reservior Refurbishments R510 000.00 To be met by Vote Transfer 2015/2016 (Project X5188)

Labour Based Construction R7 037 000.00 To be met by Vote Transfer 2015/2016 (Project X4257)

Pumpstation Upgrades R1 002 439.00 To be met by Vote Transfer 2015/2016 (Project X4215)

Unicity Water Dispensers &Sandpipes and Water

R80 000.00 To be met by Vote Transfer 2015/2016 (Project X4247 &X7763)

Relays and Extensions R84 284 044.51 To be met by Vote Transfer


2015/2016 (Project X4217)

Replacement of Water Pipes NIL To be met by Vote Transfer 2015/2016 (Project X4889)

Cost Centre: 69100 and 69200FC64/C47Project No’s : Various

1.1.5 Procurement of New Energy Efficient Immersible Pumps, New Motor Control Center and Related Civil Works for Somerset Park Pump Station: Ward No.102 Report No. WS2016/071 (23/1/10):(Page 48: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)


1.1.5.1 That subject to the compliance with Supply Chain Management Regulations, authority be granted for procurement of a new energy efficient immersible pumps, new motor control centre and related civil works for Somerset Park Pump Station at an estimated cost of R5 000 000.00 (Five Million Rand) excluding VAT.

1.1.5.2 That subject to the approval of .1 above, the Deputy City Manager : Treasury be authorized to include in his adjustments budget report the transfer of R5 000 000.00 (Five Million Rand) from Y6524 Canelands Bridge to Y8410 as the old bridge cannot be refurbished and a new bridge is required which triggers an environmental impact assessment before construction can commence.

Cost Centre: R5 000 000.00 excl. VAT (Funding to be provided via transfer from Y6524 to Y8410 in 2016/2017 financial year)

FC No.: 365/C01

1.1.6 Acquisition for Regularisation of Road Encroachment (17/2/1/1/2):(0: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)


1.1.6.1 That in order to regularize the partial encroachment of the road Tipclay Place over privately owned property, the Head: Real Estate be authorized to deviate from the Supply Chain Management Regulations and negotiate for the acquisition of road servitude over Erf 816 Clayfield, as reflected on Plan No. SJ4701/10, utilizing Regulation 36 (1)(a)(ii) of the Supply Chain Management Regulations.

1.1.6.2 That subject to the adoption of .1 above, and approval of the Bid Adjudication Committee pursuant to successful negotiations, the Head: Real Estate be authorized to sign the relevant purchase and sale agreement and all documents necessary to effect transfer to the eThekwini Municipality.

1.1.6.3 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.

1.1.6.4 That in the event of negotiations being unsuccessful the Head: Real Estate be authorized to expropriate the affected property.


R30 000.00 excl. VAT (to be provided in the 2016/17 financial year)Vote: 1.70600.11999

1.1.7 Work in Excess of R500 000: Commissioning of DSS at 53 Old Main Road - Hillcrest - Ward Number 9 (Drawing Number DL 1982698) (27/2/R):(Page 78: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)


That authority be granted to the Head: Electricity to incur expenditure estimated at R3 374 250.00 (Three Million Three Hundred and Seventy Four Thousand Two Hundred and Fifty Rand) through the normal goods and services procurement process in order to equip the distributor substation in Ward 9, 53 Old Main Road, Hillcrest.

Account code: 80013 : R3 374 250.00Provided in the 2016/2017 Capital Estimates FC No.: 79/CA1615

1.1.8 Proposed Replacement of Transformers at Hillcrest, Durban South and Verulam Substations (27/2/R):(Page 79: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)


That in order to replace the transformers that have failed and reached the end of their economic lives, in order to maintain continuity of supply, authority be granted to the Head: Electricity to proceed with the replacement of transformers at Hillcrest, Durban South and Verulam substations at a total estimated cost of R44 440 000.00 (Forty Four Million Four Hundred and Forty Thousand Rand)

Hillcrest – Vote: HV046:R7 957 000.00 provided in the 2017/18 financial year FC361/CA0010Durban South - Vote: HV047:R27 250 000.00 provided in the 2017/18 financial year FC361/CA0010Verulam - Vote: HV048:R9 233 000.00 provided in the 2017/18 financial year FC361/CA0010

1.1.9 Expropriation: Northern Aqueduct; Remainder of Erf 226 Newlands; Commercial Properties (Pty) Ltd: Hand Plan No. SH9891 (Ref: 17/2/1/1/18/3.TK) and 17/2/1/1/4):(Page 97: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)


1.1.9.1 That an offer and payment of compensation calculated in terms of Section 12 of the Expropriation Act No. 63 of 1975 in the total sum of R2 276 528 (Two Million Two Hundred and Seventy Six Thousand Five Hundred and Twenty Eight Rand) plus solatium in the sum of R55 000 (Fifty Five Thousand Rand) plus VAT and interest if applicable, be paid in terms of Section 11(1) of the Expropriation Act No. 63 of 1975 to Commercial Properties (Pty) Ltd Reg. No.1902/00265/07, in respect of a 9m wide water pipeline servitude and a 21m wide temporary working space for 24 months all


over the Remainder of Erf 226 Newlands, Registration Division FT, Province of KwaZulu-Natal as depicted on Plan No. SH9891.

1.1.9.2 That subject to the adoption of .1 above, the Head: Real Estate be authorised to conclude the compensation agreement and sign all necessary documents to effect registration in favour of the municipality.

Vote No. 31530.45205.12120.0000.v1194.0010 R 2 400 000

1.1.10 Proposed Expropriation of a 3 Metre Wide Temporary Right of Way Servitude for Access to 132 KV Hillcrest - Waterfall Towers Located on Halkirk Farm; Hand Plan No. SJ4628/1 (Ref: 67/590/6KH) and (17/2/1/1/4):(Page 104: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)


1.1.10.1 That notwithstanding the objections received from Halkirk Farm Pty Ltd, the eThekwini Municipal Council reaffirms its position and hereby authorises the Head: Real Estate to proceed with the expropriation of a 3 metre wide temporary right of way servitude over the properties described as Portions 485 (of 337) and 486 (of 337), both of the Farm Albinia No. 957 as depicted on Plan No. SJ 4628/1.

1.1.10.2 That subject to the adoption of .1 above, and in terms of Section 190 of the Local Authorities Ordinance No. 25 of 1974, the consent of the Premier of KwaZulu-Natal be sought for the Expropriation.

1.1.10.3 That subject to the adoption of .1 and .2 above, the Head: Real Estate be authorised to sign all documents relating to the expropriation.

1.1.11 Work in Access of R500 000 : Replacement of Switchegear and Installation of Medium Voltage Cables at Venice and Smiso Nkwanyana Road DSS 83, Morningside, Ward 27 : Drawing Number 3313869 (27/2/1/3/R):(Page 113: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)


That authority be granted to the Head: Electricity to incur expenditure estimated at R1 776 500.00 (One Million Seven Hundred and Seventy Six Thousand Five Hundred Rand) through the normal goods and services procurement process to carry out the replacement of switchgear and installation of medium voltage cables at Venice Road/Smiso Nkwanyana Road DSS 83 in Ward 27, Morningside.

DL33113869: R1 776 500.00Provided in the 2016/2017 Capital Estimates FC361/CA0022

1.1.12 Work in Access of R500 000 : Replacement of Switchegear and Installation of Medium Voltage Cables at Hewitt Road DSS 75, Glenwood, Ward 33 : Drawing Number 3124213 (27/2/1/3/R):(Page 114: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)



That authority be granted to the Head : Electricity to incur expenditure estimated at R1 801 371.00 (One Million Eight Hundred and One Thousand, Three Hundred and Seventy One Rand) through the normal goods and services procurement process to carry out the replacement of switchgear and installation of medium voltage cables at Hewitt Road DSS 75, Glenwood in Ward 33.

DL3124219: R1 801 371.00Provided in the 2016/2017 capital estimatesFC361/CA0012

1.1.13 Proposed Deproclamation and Sale of Land : Proposed Portion [A] of Farm Assagay Kraal, Nquma Road, Bothas Hill (17//2/1/2/3):(Page L17: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)


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

1.1.13.1.1 The properties described as portion [A] of farm Assagay Kraal, Nquma Road in Bothas Hill are not required to provide the minimum level of basic Municipal services; and

1.1.13.1.2 That the current market value of the land is R230 000.00 exclusive of VAT and the economic and community values to be received have been considered.

1.1.13.2 That in terms of Section 40(2) (b) (i) of the Municipal Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, a Portion of a road area described as Proposed Portion [A] of the farm Assagay Kraal No. 853 Botha’s Hills, Registration Division FT in the Province of KwaZulu-Natal in extent 1892 m² depicted on Plan SJ4539/5 be sold in freehold by private treaty to Gavin Smith (ID NO. 490205 5075 08 2) at a price of R230 000.00 (Two Hundred and thirty Thousand Rand) exclusive of VAT, such purchase price reflecting the market value of the land as assessed by a registered Valuer.

1.1.13.3 That in terms of Section 211 of Ordinance 25 of 1974 the road area in extentapproximately1892m² depicted on Plan SJ 4539/5 be permanently closed by and at the cost of the Purchaser.

1.1.13.4 That in the event of objections being lodged to the proposed deproclamation of Proposed Portion [A] of the farm Assagay Kraal No. 853 Botha’s Hills when it is statutorily advertised, the matter be referred to the MEC, Co-Operative Governance and Traditional Affairs for consent

1.1.13.5 That in the event of objections being lodged to the proposed sale of Proposed Portion [A] of the farm Assagay Kraal No. 853 Botha’s Hills, when it is statutorily advertised, the matter be referred for resolution in terms of Section 50 of the Municipal Supply Chain Management Policy headed “Resolution of Disputes, Objections, Complaints and Queries”,


1.1.14 Participatory Based Planning and Facilitation Support to Informal Settlement Upgrading Projects in eThekwini Municipality (22/6/2):(Page L20: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)

At the Executive Committee meeting on 2016-11-15, Executive Committee Member Hoosen requested a list of the 42 informal settlements that were earmarked for incremental services and upgrading projects. She was requested to liaise with the Chairperson of the Human Settlements and Infrastructure Committee in that regard.


1.1.14.1 That the Committee notes progress on the Participatory Based Planning and Facilitation support to the 42 informal settlements earmarked for Incremental Services and Upgrading Projects in eThekwini Municipality;

1.1.14.2 That consultation with respective Ward Councillors who did not form part of the previous processes that had been undertaken;

1.1.14.3 That the remaining stages of the project viz. Development of a Community Capacity Development Programme and the Project Close-out Report; and

1.1.14.4 That subject to the adoption of .1, .2 and .3 above, authority be granted to the Head : Human settlements to proceed with the City-Community Partnership Arrangement (CCPA) as part of Deliverable 5 and 6 of the initiative wherein the draft Agreement or Memorandum of Understanding (MoU) to be signed with the 42 affected communities.

1.1.15 WS 6498 Nanofiltration Membrane Water Purification Treatment Plant for Various Boreholes in the eThekwini Municipality (23/1/11/3/1):(Page L16: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)


That for the reasons stated in this report WS2016/151, authority be given to the Deputy City Manager : Treasury to include in his adjustments budget Report, the transfer of R360 000.00 (Three Hundred and Sixty Thousand Rand) from project X6920 Umnini Resevoir to project X3218 Nanofiltration Water Purification Treatment Plant for Various Boreholes in the eThekwini Municipality.

Project No.: X3218 R360 000.00 To be met by savings via adjustment budget from project X6920

FC: 364/C16

1.1.16 WS2016/125: Request for Authority to Transfer Funds (23/1/11/3/1):(Page L22: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)

The Committee having been advised that the challenges relative to the land required for project No. 6920 of uMnini Reservoir had been resolved and therefore suggested that an amount of R6 500 000.00 (Six Million Five Hundred Thousand Rand only) which was intended to be transferred to Hammarsdale Elevated Tower to Project No. X5185 and KwaNqetho Reservoir Project No. X8057 amounting to R150 000.00


(One Hundred and Fifty Thousand Rand only) be excluded from the schedule of projects requiring transfer of funds in the 2016/2017 financial year.


That for the reasons stated in this report WS2016/125, authority be granted to the Deputy City Manager : Treasury to include in his Adjustments Budget report, the transfer of funds from projects where savings have been identified to various projects contained in the report of Head : Water and Sanitation dated 2016-08-19 for the 2016/2017 financial year.

R41503 066.00 (To be met by savings via an adjustment budget from, as per attached schedule, in 2016/2017)FC 364/C09

1.1.17 Acquisition of Road Servitude over Erf 1662 Sunford:(Page L21: Human Settlements and Infrastructure Committee - Agenda 2016-11-01)


1.1.17.1 That in order to acquire a Proposed Road Servitude over Erf 1662 Sunford, the Head: Real Estate be authorized to deviate from the Supply Chain Management Regulations and negotiate for the acquisition of the affected property, as reflected on Plan No. SJ 4705/9, utilizing Regulation 36 (1)(a)(ii) of the Supply Chain Management Regulations;

1.1.17.2 That subject to the adoption of .1 above and approval of the Bid Adjudication Committee pursuant to successful negotiations, the Head: Real Estate be authorized to sign the relevant purchase and sale agreement and all documents necessary to effect transfer to the eThekwini Municipality;

1.1.17.3 That the Municipal 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; and

1.1.17.4 That in the event of negotiations being unsuccessful the Head: Real Estate be authorized to expropriate Proposed Road Servitude over Erf 1662 Sunford.

R90 000.00 excl VAT (Provided in 2016/17 Financial year)Vote: 31530.45205.v1194.0000.12120.0010

1.2 REPORT OF THE SECURITY AND EMERGENCY COMMITTEE: MEETING HELD ON 2016-11-10

(Page R9)

1.2.1 Major Hazard Installation : Umgeni Business Park, Phase 2, Springfield, Durban, eThekwini Municipality, KwaZulu-Natal (29/1/2/5):(Page 1: Security and Emergency Committee - Agenda 2016-11-10)

It was noted that the risk assessment, on behalf of Umgeni Business Park, had been submitted to eThekwini Municipality in accordance with the provisions of the Major


Hazard Installation regulations framed under the Occupational Health and Safety Act 85 of 1993. However, Committee noted that the assessment did not form part of this report for consideration and requested that the assessment be included in all future reports.

It was thereafter advised that the report thereon had been subsequently considered by the Municipality's Technical Task Team on Major Hazard Installations which resulted in no reason being offered to advise against its acceptance of the proposed commercial development in accordance with the provisions of the assessment.

As the Committee was in concurrence with the recommendations contained therein,


That having concurred with the conclusion of the Major Hazard Installation (MHI) Technical Task Team, that there is no valid reason to advise against the proposed commercial development at Umgeni Business Park, Phase 2, Springfield, Durban, since the installation will not exceed acceptable levels of risk and the MHI Task Team consequently found no justifiable reason to advise against the proposed development where the Transnet methane gas pipeline will be traversing, such proposed development be approved.

1.2.2 Major Hazard Installation :Inyaninga Ushukela Highway Precinct KwaZulu-Natal TongaatHulett Developments (Pty) Ltd Watson Highway, Tongaat, KwaZulu-Natal (29/1/2/5):(Page 3: Security and Emergency Committee - Agenda 2016-11-10)

It was noted that the risk assessment, on behalf of InyaningaUshukela Highway Precinct Tongaat Hulett Developments (Pty) Ltd in accordance with the provisions of the Major Hazard Installation regulations framed under the Occupational Health and Safety Act 85 of 1993. However, Committee noted that the assessment did not form part of this report for consideration and requested that the assessment be included in all future reports.

It was thereafter advised that the report thereon had been subsequently considered by the Municipality's Technical Task Team on Major Hazard Installations which resulted in no reason being offered to advise against its acceptance of the proposed development of land in accordance with the provisions of the assessment.

As the Committee was in concurrence with the recommendations contained therein,


That having concurred with the conclusion of the Major Hazard Installation (MHI) Technical Task Team, that there is no valid reason to advise against the proposed development of land at InyaningaUshukela Highway Precinct TongaatHulett Developments (Pty) Ltd, situated in Watson Highway, since the installation will not exceed acceptable levels of risk towards the proposed development and the MHI Task Team consequently found no justifiable reason to advise against the erection of the proposed development, such proposed development be approved.


1.3 REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE: MEETING HELD ON 2016-11-10

(Page R11)

1.3.1 Transfer of Funds from eThekwini Municipality - to Productivity SA for the Implementation Productivity Training (20/1/7/3):(Page 54: Economic Development and Planning Committee - Agenda 2016-11-10)

The Productivity Training programme was envisioned to start from 2016/17 financial year for a period of three years, targeting a total of 600 SMMEs (200 per year) with the focus on entrepreneurs across all sectors, particularly women and youth. In addition, the Unit staff would also be capacitated to ensure that skills transfer was perpetuated beyond 600 target and post the three years for sustainability purposes.

In concurring with the under mentioned recommendations of the Economic Development & Planning Committee it was agreed that Executive Committee Members Fortein and Kaunda and the Acting Deputy City Manager: Economic Development & Planning discuss the recommendations further prior to the Council meeting on 2016-12-08.


1.3.1.1 That the City Manager, be given authority to enter into a Memorandum of Agreement (MOU) in terms of Section 67 of the Municipal Finance Management Act No. 67 of 2003 to enable transfer of this proposed amount.

1.3.1.2 That subject to the approval of .1 above, that the Head: Business Support, Tourism and Markets Unit, be authorized to transfer R630 000.00 (Six Hundred and Thirty Thousand Rand) (excl. VAT) to Productivity SA Training Programme for 600 SMMEs and staff over a 3 year period in terms of Section 67 of the Municipal Finance Management Act No. 56 of 2003.

1.3.1.2.1 R190 000.00 in 2016/171.3.1.2.2 R220 000.00 in 2017/181.3.1.2.3 R220 000.00 in 2018/19

1.3.1.3 That subject to the approval of .1 above, that the Head: Business Support, Tourism and Markets be given authority to monitor the programme and provide reports to the Committee in terms of Section 67 of the Municipal Finance Management Act No. 56 of 2003.

1.3.2 Durban Maritime Summit : 2017-03-28 to 2017-03-31 (20/1/5/1):(Page 77: Economic Development and Planning Committee - Agenda 2016-11-10)

It was noted that the eThekwini Municipality would collaborate and co-host the 2nd Annual Durban Maritime Summit with the eThekwini Maritime Cluster from the 28th-31st March 2017. The eThekwini Municipality would contribute funding amounting R500 000.00 (excl. VAT) to cover the basic costs for hosting the summit.



1.3.2.1 That the eThekwini Municipality partner and co-host the 2nd Annual Durban Maritime Summit with the eThekwini Maritime Cluster from the 28th to the31st of March 2017.

1.3.2.2 The eThekwini Municipality to contribute funding amounting to R500 000.00 (excl. VAT) to cover the basic costs for hosting the Durban Maritime Summit.

Business Unit Item. Sub Funding Costing Project Regional

26102 19925 12120 0000 35000-4 0010

R500 000.00 FC No.:18/21

1.3.3 Durban Green Corridors: Leisure and Tourism Development Programme (20/1/4/3):(Page 81: Economic Development and Planning Committee - Agenda 2016-11-10)

It was noted that the Economic Development and Investment Promotion Unit (EDIPU) was responsible for developing and implementing economic sector development programmes in prioritized sector to promote economic growth and to create jobs. The Durban Green Corridors (DGC) programme fell under Plan 2 of the Integrated Development Plan (IDP) and related to the Green Economic Sector Programme of the SDBIP.


1.3.3.1 That the Head: Economic Development and Investment Promotion be authorized to transfer the Rand value up to €42 000.00 (Forty Two Thousand Euro only) excluding VAT in 2016/2017 and €29 200.00 (Twenty Nine Thousand Two Hundred Euros only) excluding VAT in 2017/2018, to the Green Corridors NPC for the implementation of the NAKOPA Sustainable Tourism Project in terms of Section 67 of the Municipal Finance Management Act and the Memorandum of Agreement between eThekwini Municipality and the Green Corridors NPC.

1.3.3.2 That the Head: Economic Development and Investment Promotion be authorized to transfer up to R650 000.00 (Six Hundred and Fifty Thousand Rand Only), excluding VAT to the Green Corridors NPC in 2016/17 for the ongoing implementation of the uMhlangane Wetlands Rehabilitation Climate Change Project in terms of Section 67 of the Municipal Finance Management Act and the memorandum of Agreement between eThekwini Municipality and the Green Corridors NPC.

1.3.3.3 That the Head: Real Estate be authorized to enter into a lease agreement with the Department of Water and Sanitation for the site known as eNanda Adventures located within the Inanda Dam Resource Management Area on Rem of the Farm Inanda Mission Reserve No4579 for the purposes of developing the eNanda Adventure Park under the authority of the Economic Development and Investments Promotion Unit.

1.3.3.4 That the Head: Real Estate be authorized to enter negotiations with the Duzi uMngeni Conservation Trust and the Ingonyama Trust Board for the cession of existing lease agreement held by the Duzi uMngeni Conservation Trust over the Ingonyama Trust Board property described as Portion 12 of the farm Inanda Location No. 4675 FT for the purpose of developing the Isithumba Adventure Park


as a rural tourism nodal development under the authority of the Economic Development and Investment Promotion Unit.

1.3.3.5 That subject to the approval of clauses .3 and .4 above, the Head: Economic Development and Investment Promotion Unit be authorized to conclude Service Level Agreement with the Green Corridors NPC to be annexed to the existing Memorandum of Agreement for the operation and maintenance of the acquired properties.

Vote 26102.25795.79281.0000.49210.0010 R650 000.00 provided in 2016/17Vote 26102.25795.79281.0000.85300.0010 €42 000.00 (Rand equivalent) Provided in 2016/17Vote 26102.25795.79281.0000. 85300.0010 €29 200.00 (Rand equivalent) Provided in 2017/18

1.3.4 Request to Authorise Support of eThekwini Filmmakers' Association Programmes (20/2/3):(Page 88: Economic Development and Planning Committee - Agenda 2016-11-10)

The Committee received the progress report on the eThekwini Filmmakers Association programmes in support of the film industry within the eThekwini Municipality.


1.3.4.1 That the continued support of the eThekwini Filmmakers Association programme be approved.

1.3.4.2 That subject to approval of .1 above the City Manager be duly authorized to conclude a Memorandum of Agreement (MOA) to give effect to the above.

1.3.4.3 That .1 and .2 above the Head: Economic Development and Investment Promotion Unit be duly authorized to disburse funds to the eThekwini Filmmaker Association of the sum of R500 000.00 (Five Hundred Thousand Rand) excluding VAT for the 2016/2017 and 2017/2018 financial years, in terms of Section 67 of the Municipal Finance Management Act and in accordance with the Memorandum of Agreement.

Vote No. Amount Year

26106.25030.17.12120.0000.63330.0010 R500 000.00 (excl. vat) Provided in 2016/2017

26106.25030.17.12120.0000.63330.0010 R500 000.00 (excl. vat) Provided in 2017/2018

1.3.5 Proposed eThekwini Municipality Film By-Law 2014 (1/1/3/1/R):(Page 92: Economic Development and Planning Committee - Agenda 2016-11-10)

It was noted that the by-law would assist the Durban Film Office to facilitate and regulate filming within the eThekwini Municipality area and also provide a framework for all forms of filming which might occur within the jurisdiction of eThekwini Municipality.


1.3.5.1 That the eThekwini Municipality: Film By-Law, 2016 be provisionally approved for publication and comment in Ezasegagasini Metro, Isolezwe, Mercury and be placed


on the City Hall notice board for a period not less than 30 days to allow the public an opportunity to make representations with regards to the proposed By-law; and

1.3.5.2 That should no substantive objections and representations be received from the public, the above By-Law be referred back to the Economic Development & Planning Committee, Executive Committee and Council for final approval and thereafter for the By-law to be promptly sent to the Ezasegagasini Metro and the Provincial gazette for final publication, with the By-law taking effect on a date as a prescribed therein.

1.3.6 Proposed Amendment of the Durban Metropolitan Open Space (D’MOSS) Layer Policy Relating to Areas Outside Land Use Schemes (21/5/2/1):(Page 112: Economic Development and Planning Committee - Agenda 2016-11-10)


1.3.6.1 That approval be granted in terms of Section 28 (4) of the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013) to the amendment of the D’MOSS Layer in those areas of the eThekwini Municipality which fall outside the boundaries of the land use schemes.

Reasons for Approval:

1.3.6.2 In preparing the D’MOSS Layer, cognizance has been taken of the Development Principles contained under Section 7 of the Spatial Planning and Land Use Management Act of 2013 (Act No. 16 of 2013).

1.3.6.3 The proposal is in the public interest, having undergone a rigorous process which has:-

1.3.6.3.1 Included critical biodiversity areas identified in terms of a systematic conservation assessment,

1.3.6.3.2 Removed areas which have been transformed since the adoption of the 2010 Layer,

1.3.6.3.3 Included areas based on Biodiversity Impact Assessment and Environmental Authorisation outcomes, and

1.3.6.3.4 Effected some minor adjustments using improved mapping techniques

1.3.6.4 The proposal furthers the vision and development goals of the Municipality by creating a more effective tool to ensure an environmentally sustainable City whilst recognizing areas where economic development has occurred.

1.3.6.5 The proposal has undertaken a rigorous participation process which has considered:-

1.3.6.5.1 Internal Departmental requirements;

1.3.6.5.2 An appropriate method of public participation through the combination of public advertisements, media releases, individual property owners notification, website access to information, and City-wide public meetings; and

1.3.6.5.3 The requests of the public to amend proposals where it has been deemed appropriate.


1.3.6.6 The proposal is in keeping with best practices through the application of the Systematic Conservation Assessment process. Further, the proposed 2016 D’MOSS Layer complies with National environmental requirements for the protection of the Spatial Planning and Land Use Management Act of 2013 (Act No. 16 of 2013) requirements to provide sustainable environmental tools.

1.3.6.7 After full consideration of the objections submitted, it is considered that:-

1.3.6.7.1 In the case of the general objections, the constitutionality of the proposal and the , methodology used in developing the proposed 2016 D’MOSS Layer are both sound and constituted legally correctly; and

1.3.6.7.2 In the case of the individual objections, these have been fully assessed and it has been determined that the extent of the D’MOSS Layer derived through both scientific and ground truth assessment reflects the best fit for these properties.

1.3.7 Request For Authority to Allow for the Land Use Schemes to be Advertised for Public Comment (21/2):(Page 183: Economic Development and Planning Committee - Agenda 2016-11-10)

The Land Use Schemes underwent annual reviews in order to remain relevant, proactive, and user-friendly. The review of the North, South, Inner West, and Outer West Schemes has just been completed and the public participation component now required to be undertaken.


That the advertisement of the North, South, Inner West, and Outer West Land Use Schemes be approved for public participation.

1.3.8 Inclusion of Areas Under Less Formal Township Establishment 1991(Act 113 of 1991) (LFTEA) into the Formal Scheme Areas of eThekwini and:

(a) Inclusion of Areas Under the Black Communities Development Act 1984 (Act of 1984) (BCDA) into the Formal Scheme Areas of eThekwini and:

(b) Inclusion of Areas Under the Black Administration Act, 1927 (Act 38 of 1927) (BAA) into the Formal Scheme Areas of eThekwini and:

(c) To Rescind the Existing Land Use Regulations and Any Other Scheme Applicable for these Areas and:

(d) To Adopt a Single New Set of Scheme Clauses and Maps that Would Replace the Former Regulations and Schemes Used Administer the LFTEA, BCDA and BAA Areas with South, Inner West and North Regions of the eThekwini (21/4/1):

(Page 185: Economic Development and Planning Committee - Agenda 2016-11-10)

In concurring with the below mentioned recommendations of the Economic Development & Planning Committee on this matter, the Acting City Manager undertook to provide a “close out” report in respect of the transition process.



1.3.8.1 That the replacement of the existing regulations used to administer the areas approved in terms of the Less Formal Township Establishment 1991 (Act 113 of 1991, the Black Communities Development Act 1984 (Act 4 of 1984) and the Black Administration Act 1927 (Act 38 of 1927) within the South, Inner West and North Regions of the eThekwini Municipality be approved; and

1.3.8.2 That a new set of regulations to be known as Annexure B of the South and Inner West Schemes and Annexure A of the North Scheme of the eThekwini Municipality be adopted in terms of the KwaZulu-Natal Planning and Development Act 2008 (Act No. 6 of 2008) and the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013).

1.3.9 Rates Rebate for Cornubia Shopping Centre (7/2/2):(Page 190: Economic Development and Planning Committee - Agenda 2016-11-10)

In concurring with the below mentioned recommendations of the Economic Development & Planning Committee on this matter, the Acting Deputy City Manager: Economic Development & Planning was requested to consult with Her Worship the Mayor in respect of additional information being required prior to the Council meeting on 2016-12-08.


1.3.9.1 That the Committee approves the rates rebate for the Cornubia Shopping Centre, as allowed for in the Rates Policy in order to stimulate economic development be approved.

1.3.9.2 That the Head: Revenue Management Services undertake the necessary administration in order to implement the above mentioned rebate on the Remainder of Erf 607, Cornubia for the Cornubia Shopping Centre development in terms of Section 14.4 of the 2016/17 Rates Policy for Greenfield Investment.

1.3.9.3 That the contract for the rebate will commence as from the date of signature of the agreement by the parties for a period until either; an occupation certificate is issued in respect of the shopping centre development, or for a period of 3 years, whichever period is shorter.

1.3.9.4 That authority be granted to the City Manager to sign the agreement attaché dto the report of the City Manager relative hereto, with Investec for rates rebates for the Remainder of Erf 607, Cornubia for the development of the Cornubia Shopping Centre.

1.3.9.5 That the contract in .4 be signed only when all the criteria for such a rebate has been met.

1.3.10 Tourism Organizations Development Programme (20/1/4/3):(Page 197: Economic Development and Planning Committee - Agenda 2016-11-10)

In partnership with eThekwini Municipality, the role of Community Tourism Organisations (CTOs) was to market and promote specific local attractions, disseminate information in this regard and facilitate the participation of local


communities in the tourism industry. Currently there were nine (9) CTOs with the eThekwini Municipality.

During consideration of this item Executive Committee Member De Boer advised that in light of the current Economic climate and the difficulty experienced to raise funds, consideration be given to allocate additional funding to CTOs to efficiently carry out their functions.


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

1.3.10.2 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 2016 to 30 June 2017.

1.3.10.3 That subject to the adoption of .1 and .2 above, the City Manager be duly authorised to disburse funds as per table A to the CTO’s amounting to R1.8m for the 2016/17 financial year in terms of the Memorandum of Agreement and Section 67 of the MFMA.

1.3.10.4 That the Head: Business Support, Tourism and Markets Unit be duly authorized to report on this initiative on an annual basis.

Vote No.: 26724.10980 R1.8m Provided in 2016/2017FC No.: 13/10

1.3.11 African Renaissance Conference (12/8/1/1):(Page 254: Economic Development and Planning Committee - Agenda 2016-11-10)

Since 1999, the Premier’s Office, the eThekwini Municipality (Office of the Mayor), private sector, and a number of international diplomats and partners had developed and hosted the annual African Renaissance Festival in the City of Durban.

This was in pursuant of the annual African Renaissance Conference scheduled for 23-24 May 2017. This programme would support a range of programmes forming part of the annual conference.

As not all Councillors were in agreement with the recommendations, the Democratic Alliance expressed the view that no proper explanation was being provided in respect of the expenditure of R1.9 million for the Ebandla Campaign in London (Item8.12.2 (d) of the recommendation); the matter was put into the vote.

With 38 Councillors present, 21 ANC Councillors, 1 ACDP, 2 IFP, and 1 Independent voted in favour, 12 DA Councillors voted against and 1 EFF abstained from voting.

At the Executive Committee meeting on 2016-11-15 Executive Committee Member Hoosen requested clarity on how the R1.9million set aside for the African Renaissance Conference would be utilised. She was advised that such


clarity would be provided at the Executive Committee meeting when finance issues would be considered.

With Executive Committee Members Hoosen and De Boer abstaining, it was


1.3.11.1 That the City Manager be given the authority to negotiate and conclude an MOU with Ukuvuselelwa Kwama Africa Awareness t/a African Renaissance and the eThekwini Municipality.

1.3.11.2 That authority be granted for the transfer of funds to accordingly:-

(a) R550 000.00 by the IGR Department to the ICC Durban for the Venue(b) R400 000.00 by Business Support, Tourism and Markets Unit to the

Communications Department for media and advertising.(c) R650 000.00 by Business Support, Tourism and Markets Unit to African

Renaissance for international Bursary Program.(d) R1.9 Million by Business Support, Tourism and Markets Unit to African

Renaissance for the maintenance of the Ebandla Campaign in London in June 2017.

1.3.11.3 That the Head: Business Support, Tourism and Markets Unit to keep Council updated on progress and benefits of the MOU agreement.

1.3.12 Reprioritization of Uncompleted Warwick Junction 2015/16 Projects (20/1/3/1):(Page 260: Economic Development and Planning Committee - Agenda 2016-11-10)

The recognition and development of informal economy in the Warwick Triangle had been a key factor in its political economy. The provision of employment and income opportunities for thousands of traders, and of cheap goods and services to the urban marginal, has changed the lives of Durban’s poor and has redefined urban space and culture.

With the Democratic Alliance at the Economic Development and Planning Committee dissenting on the basis the there was no proper explanation in terms of how they would manage the budget,


1.3.12.1 That the reprioritization of the uncompleted 15/16 projects and proposed allocation of funds during 16/17 financial year be approved.

1.3.12.2 That project authority be granted to establish the cooperatives clothing and textile incubator at the vacant buildings in 127 Johannes Nkosi and 85 Anton Lembede Street.

1.3.12.3 That subsequent to the adoption of .1 and .2 above, the Head: Business Support, Tourism and Markets Unit provide the implementation progress report to the Committee

1.3.13 KwaMashu Town Centre : Upgrading of Land Tenure Expropriation of Erf 56 to Expedite Process (17/2/1/1/4):


(Page 263: Economic Development and Planning Committee - Agenda 2016-11-10)

It was noted that there were obstacles encountered in the process of upgrading the land tenure of the KwaMashu Town Centre.


1.3.13.1 That the use of the expropriation procedure to acquire Erf 56 of KwaMashu P, specifically to expedite the upgrading of and Tenure in the KwaMashu Town Centre, and the transfer of the same property back to the estate once the township register is open, be supported in principle.

1.3.13.2 That subject to the adoption of .1 above, the Head: Real Estate be authorized to expropriate Erf 56 KwaMashu P and transfer the ownership of this land to the Municipality, but without taking physical occupation thereof.

1.3.13.3 That subject to the adoption of .1 and .2 above, the opening of the township land sales register at the Registrar of Deeds Office in Pietermaritzburg, the Head: Real Estate be instructed to transfer the same property, with title deed, back to the late estate of A Dlamini.

Financial details: no FC required.

1.3.14 2017 National Association of Automotive Components Allied Manufactures (NAACAM) Show (13/2/1/2/1):(Page 276: Economic Development and Planning Committee - Agenda 2016-11-10)


1.3.14.1 That the request for support of the 2017 NAACAM Show to grow the automotive component and related manufacturing sectors in South Africa be approved.

1.3.14.2 That the Head: Economic Development and Investment Promotion be authorized to disburse funds of R1 000 000.00 (One Million Rand) (excluding VAT), to the ICC for the use of the venue.

1.3.14.3 To explore hosting the NAACAM Show in Durban biennially and supporting the NAACAM Show on a continuous basis.

Vote Number:

Business Unit Item. Sub Funding Costing Project Regional

26102 19925 12120 0000 358000-4 0010

FC No.: 18/18

1.3.15 Progress Report on the World Economic Forum in Africa (WEFA) CONFERENCE (20/1/7/1):(Page 303: Economic Development and Planning Committee - Agenda 2016-11-10)

South Africa participates in the World Economic Forum to promote the country as an attractive investment destination and to influence the discussions on global and continental issues. South Africa hosted the World Economic Forum in Africa


(WEFA) in 2011, 2013, and 2015 (Cape Town) with the most recent WEFA held in Rwanda during May 2016.


1.3.15.1 That the hosting of the World Economic Forum in Africa (WEFA) event by the City be approved.

1.3.15.2 That authority be granted to the City Manager to enter into a Memorandum of Agreement (MoA) with the WEF in order to fund and implement additional activities linked to the conference.

1.3.15.3 To utilize funding from Vote No.: 34552 11350 12120 000 MRC01 0010 to fund this initiative.

1.3.16 Proposal to Provide Grant Funding to the Durban Chamber of Commerce and Industry (20/1/7/3):(Page 307: Economic Development and Planning Committee - Agenda 2016-11-10)

The Durban Chamber of Commerce and Industries (DCCI) adds value to its chamber members through its robust interactions and partnerships with both the private and public sector. These initiatives extend beyond the many other services offered by the chamber, including the business information that the chamber distributes to its members, as well as the entire Durban business community.


1.3.16.1 That the Committee approves the partnership between eThekwini Municipality and the DCCI to drive economic development in the City.

1.3.16.2 That the Acting Deputy City Manager: Economic Development and Planning Cluster roll out and fund the DCCI Programme through a grant to the amount of R1.6m

1.3.16.3 That subject to the development and adoption of a suitable business and implementation plan between the City and DCCI, further additional funding to be identified and approves to meet business plan objectives.

1.3.16.4 That subject to .2 above, the City Manager be authorized to enter into a Memorandum of Agreement with the DCCI in order to fund and implement various economic growth and development projects.

1.3.16.5 That an amount of R1.6m be disbursed in accordance with the Memorandum of Agreement and Section 67 of the Municipal Finance Management Act.

1.3.16.6 That funding of R1.6m to be taken from Vote No.: 26820 11580 12120 0000 10710 -8.0010

1.4 REQUEST FOR CAPITAL FUNDING FOR THE UPGRADE OF THE LIFTS AT THE REAL ESTATE BUILDING, 75 DR LANGALIBALELE DUBE STREET, DURBAN (17/2/2/5/1)

(Page 53)


Responding to clarity being sought on the cost of repeated maintenance and whether Council was receiving value for money, the Deputy City Manager: Finance explained that the lifts in question were approximately 40 years old and as such needed total replacement, taking into account that of the six lifts in the building, three were non-operational. He advised that the water issue had been resolved and mentioned regular meetings between the Head: Engineering and Acting Head: Architecture to resolve all issues in respect of the building. He spoke of an in principle agreement that all buildings owned by Council would be allocated to a central pool of funding for maintenance. The relocation of approximately 1 000 staff between Rennie House and Winder Street would be problematic hence every attempt was being made to ensure that the buildings were safe and habitable including that of the bird issue in Rennie House whereby a report would be submitted to a future meeting of this Committee.

Given the explanation by the Deputy City Manager: Finance on the poor condition of the lifts and the need for such lifts to be replaced, also taking into account the request by Her Worship the Mayor for a detailed report on the state of the building, it was


1.4.1 That for the reasons stated in the report of the City Manager, dated 2016-10-10, funding to the value of R18 000 000.00 (Eighteen Million Rand) be approved for the upgrading of the six lifts at Estate, 75 Dr Langalibalele Dube Street, Durban, in line with the Municipal Finance Management Act (Project Authority).

1.4.2 That the funding of R18 000 000.00 (Eighteen Million Rand) be provided in the 2017/2018 financial year, subject to savings identified in the adjustment budget and provisions made in the 2017/2018 budget.

1.5 ADOPTION OF THE DRAFT 2017/2018 INTEGRATED DEVELOPMENT PLAN PROCESS PLAN IN TERMS OF THE MUNICIPAL SYSTEMS ACT (2/1/6/1)

(Page 55)


1.5.1 That in terms of the Municipal Systems Act, the final draft of the 2017/18 IDP Process Plan incorporating comments from the public as contained in the report of the City Manager dated 2016-10-10 relative hereto, be approved and tabled for Council adoption.

1.5.2 That Council condones the non-compliance with the legislated timeframe for the submission of the process plan for the IDP due to the new Council term of office having commenced on 23rd August 2016.

1.6 DURBAN PENSION FUND: STATUTORY ACTUARIAL VALUATION AS AT 15 DECEMBER 2015 (4/5/1/4)

(Page 78)


The Deputy City Manager: Finance explained that every three years a statutory valuation of the Durban Pension Fund was carried out by the Valuator on the understanding that the Employer may continue to contribute to the shortfall, drawn from the Employer surplus account. In that regard he undertook to submit an update in January 2017.

Responding to a question from Executive Committee De Boer on the Group Life Scheme he advised that it was not part of the Durban Pension Fund and was a contribution from both the employer and employees in the North and South Local Council. On amalgamation of the Entities the Group Life Scheme had been dispensed with on the basis that the salaries of those employees had increased when moving over to a central pay point. However there was currently a dispute with Labour on the issue, a matter that has remained outstanding.


1.6.1 That Council approves the continued funding of the shortfall in its contribution rate to the Durban Pension Fund being met from the Durban Fund’s Employer Surplus account until 01 January 2018.

1.6.2 That Council approves the increase in the employer contribution rate to 28.98% with effect from 1 January 2018 until 01 January 2019, being the next statutory valuation date.

1.7 REQUEST TO PARTNER WITH THE OFFICE OF THE PREMIER IN HOSTING THE KZN 60 TH ANNIVERSARY MARCH WOMEN LUNCHEON

(Page 139)

The Acting City Manager explained that the report sought authority for Council to partner with the Office of the Premier (Spousal Office) for hosting the KwaZulu-Natal 60th anniversary March Women Luncheon at the Inkosi Albert Luthuli International Convention Centre.


1.7.1 That the partnership with the Office of the Premier (Spousal Office) to host the KZN 60th Anniversary March Women which will be held at the Inkosi Albert Luthuli International Convention Centre on 2016-11-17 for the following objectives be approved:-

1.7.1.1 To remember the history of women’s struggle in South Africa;1.7.1.2 To honour and celebrate the women of 1956 and young women in 1976;1.7.1.3 To document the correct stories of heroines of South Africa;1.7.1.4 To unite South African women behind common and national interest;1.7.1.5 To celebrate the struggles of women over the decades;1.7.1.6 To rejuvenate South African women’s commitment to strive for a society free of all

kinds of discrimination, more especially discrimination against women;1.7.1.7 To celebrate women who have broken the glass ceiling in all spheres of life in

KwaZulu-Natal; and1.7.1.8 To educate the nation about the role of women played in the emancipation of South

Africa and the continent.


1.7.2 That subject to the approval of .1 above an amount of up R74 803.00 (Seventy Four Thousand Eight Hundred and Three Rand) be allocated towards hosting the KZN 60th

Anniversary March Women.

Financial implications and responsibilities:

Item Responsible Department

Vote Number Estimated Costs

Venue Hire: Inkosi Albert Luthuli ICC and the balance to be provided by the office of the Premier. It being noted that the costs for the other items at the venue would be borne by the Office of the Premier (technical, food & beverages, parking and incidental costs).

eThekwini Municipality

32601.22710.30.12120.0000.53100.0010

R34 803.00

Promotional material R20 000.00

Decor R20 000.00

TOTAL R74 803.00

FC Number: 08/17

1.8 REVISION OF RENTAL: UMKOMAAS GOLF CLUB: 9 MOODIE STREET, UMKOMAAS (17/2/1/2/5)

(Page 150)


1.8.1 That the rent for the lease held by the Umkomaas Golf Club in respect of Sub B of lot 81 Umkomaas now known as Portion 2 of Erf 81 Umkomaas, Registration Division ET in the Durban Entity, Province of KwaZulu-Natal, in extent 2,8731ha as depicted on Diagram S.G. No. 4135/1953 for the five year period commencing from 2016-02-01 and expiring 2021-01-31 be R2 970 (Two Thousand Nine Hundred and Seventy Rand) per month for the first year escalating thereafter by 9% per annum for the ensuing 4 years, it being recorded that the rental and rate of escalation shall be subject to review after each 5 year period.

1.8.2 That subject to the adoption of .1 above all costs of documenting the revision of rental be borne by the Lessee.

1.8.3 That the Head: Real Estate be authorised to sign all documents relating to the revision of rental.

1.9 REVISION OF RENTAL: MONTWOOD SENIOR CITIZENS CARE CENTRE: 199 KENYON HOWDEN ROAD (17/2/1/2/5)

(Page 153)



1.9.1 That the rental in respect of Erf 731 Mobeni, Registration Division FT in the Durban Entity, Province of KwaZulu-Natal, in extent 2023m² as depicted on Diagram SG No. 3188/55 held by the Montwood Senior Citizens Care Centre be R2 350.00(Two Thousand Three Hundred and Fifty Rand) per month exclusive of VAT for the first year escalating thereafter by 9% per annum for the ensuing 4 years of the five year period commencing from 2016-07-06 and expiring on 2021-07-05.

1.9.2 That subject to the adoption of .1 above all costs of documenting the revision of rental be borne by the Montwood Senior Citizens Care Centre.

1.9.3 That the Head: Real Estate be authorised to sign all documents relating to the revision of rental.

1.10 LEASE: SHELL HOUSE, 221 ANTON LEMBEDE STREET (17/2/2/5/1)

(Page 156 and Page L24, respectively)

It was noted that the report on Page 156 had been replaced by Page L24 which was circulated separately and which was entitled “Noting of Regulation 36 Report: Lease of Office Space”.


1.10.1 That Council notes the intention of the Head: Real Estate to report to the Bid Adjudication Committee in terms of Regulation 36(1)(a)(v) for the acquisition of space to lease accommodation for the Human Settlements Unit in close proximity to City Hall, in extent 2 800m², together with 30 parking bays.

1.10.2 That authority be granted to the Head: Real Estate to source office space within the vicinity of City Hall to accommodate the needs of the Human Settlements Unit.

1.10.3 That authority be granted to the Head: Real Estate and Head: Human Settlements to incur expenditure in this regard and provision be made in the adjustment budget and future financial years.

1.11 TERMS OF REFERENCE: APPEALS AUTHORITY AND TOWN PLANNING APPEALS COMMITTEE (3/4/8/1/ & 3/2/1)

(Page 234)


1.11.1 That the establishment of the Town Planning Committee be approved.

1.11.2 That subject to the approval of .1 above, the Terms of Reference of both the Appeals Authority and Town Planning Appeals Committees, as annexed to the report of the City Manager dated 2016-11-11, relative hereto, be approved.

1.11.3 That the City Manager be entrusted with the role of overseeing capacity building for both the Appeals Authority and Town Planning Appeals Committees.


2. SECOND REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2016-11-29

2.1 NOTIFICATION OF RESIGNATION AND EXTENSION OF AUDIT COMMITTEE MEMBER MR S KAJEE TO 31 DECEMBER 2016 (2/2/2)

(Page 125)

The Executive Committee considered a report dated 2016-11-17 in the above regard, the purpose of which was to advise of the resignation of Audit Committee Member, Mr. S Kajee from the Audit Committee and his consequent request for an extension to serve on the Audit Committee until 2016-12-31.

It was noted that the purpose of Mr. Kajee’s resignation was that he currently serves as a director at Power Matla (Pty) Ltd, which has now appointed him to the Board of Powertech Transformers (Pty) Ltd. The latter is a potential supplier to eThekwini in respect of transformers and therefore this directorship could be viewed as a potential conflict of interest.

It was further noted that Mr. Kajee had submitted his resignation on 2016-10-12, effective immediately and simultaneously requested that he be allowed to terminate as a member by the end of the Annual Financial Statement (AFS) Statutory Audit process.

During consideration the Executive Committee was advised of the recommendation from the Chief Audit Executive (Head : Enterprise Risk Management) that the Municipality accepted the offer of Mr. Kajee to serve until 2016-12-31, without prejudice, and with full disclosure, as required by Members of the Audit Committee in their deliberations.

The Committee expressed its view that such extension could lead to a potential conflict of interest and requested that Mr. Kajee’s resignation be effective from 2016-11-30.

It being requested that an investigation be undertaken with regard to the allegation that Power Matla (Pty) Ltd had been awarded a tender by the Municipality during Mr. Kajee’s tenure as an Audit Committee Member,


2.1.1 That notwithstanding the recommendation by the City Manager, as contained in his report dated 2016-11-17, relative hereto, that the resignation of Mr. S Kajee be effective on 2016 -12-31, and in an endeavour to avert any potential conflict of interest that may arise between eThekwini Municipality and Powertech Transformers (Pty) Ltd as a consequence of Mr. S Kajee being appointed to the Board of Powertech Transformers, the resignation of Mr. S Kajee as a Member of the Audit Committee be effective on 2016-11-30.

2.1.2 That Council notes the immense contribution by Mr. S Kajee over the last 4 years as a member of the Risk Committee of Council and in the latter years as part of the Integrated Audit Committee and extend its appreciation to him.


2.2 PURCHASE OF RELEVANT CAPITAL ITEMS USING GREEN FUND GRANT AND INCLUSION OF RELEVANT AMOUNTS ON THE MUNICIPAL 2016/17 CAPITAL BUDGET (32/1/1/1/3/2 & 7/4/2)

(Page 130)

The Executive Committee was apprised that the Environmental Planning and Climate Protection Department were unable to acquire capital items viz. weir telemetry, vehicles, plant and equipment by 2016-03-31 due to worker intimidation on site which had delayed work (sleeving installation), with regard to weir telemetry, as well as a moratorium on the purchase of vehicles.

Approval to purchase vehicles was eventually granted, and extension of the Grant Funding period was subsequently obtained from the Development Bank of South Africa. A 12 month extension to the Grant Funding period was secured, however this meant that the required capital items were not included on the Capital Budget for 2016/2017.

The Environmental Planning and Climate Protection Department now seeks to purchase the required capital items and thus requires authority for inclusion of said items on the Capital Budget for 2016/2017.

Following consideration of the forgoing


2.2.1 That authority be granted in terms of Section 19(1)(b) of the Municipal Finance Management Act for the addition of the relevant amounts onto the Municipality’s Budget, for capital spend, for reforestation project items totalling R2 900 000.00 (Two Million Nine Hundred Thousand Rand), within the 2016/2017 financial year.

2.2.2 That subject to adoption of .1 above, the relevant procurement processes to proceed in order to meet the requirements of the Green Fund Grant Memorandum of Agreement, be approved.

Vote No.: 26440.09731 R2 900 000.00 (VAT excluded) 2016/17FC No.: 46/CA37

2.3 MONTHLY SALGA REPORT AS OF 16 NOVEMBER 2016 (14/2/1/1/1)

(Page 218)


2.3.1 That the SALGA National Conference which commenced on 28 November 2016 and which will consider the SALGA strategy for the next 5 years and also elect its new leadership, be noted, it being recorded that the SALGA KZN PEC has emphasized the need for full participation by SALGA KZN members at the Conference.

2.3.2 That Council notes that any outstanding and overdue SALGA levies by members will be considered to be “NOT IN GOOD STANDING”.

2.3.3 That Council notes the presentation on the proposed amendments to the current SALGA Constitution which will have an impact on the structures and/or composition of the governance structures at Provincial and National level.


2.3.4 That Council notes the Working Group Membership allocation to Municipalities in terms of Section 9 of the SALGA Governance Framework which provides for the establishment and composition of the Provincial and National Working Groups as follows, it being recorded that the submissions in respect of eThekwini Metro, as indicated in Annexure 1 to the SALGA Circular dated 16 November 2016, is still outstanding and the Speaker be mandated to finalise such submissions:-

2.3.4.1 The Executive Committee at National or Provincial level must establish working groups to deal with the implementation of the SALGA’s programmes and any other matters of concern to Local Government.

2.3.4.2 The National/Provincial Executive Committee shall determine the number of working groups based on, inter alia, the key functional areas of Local Government and cluster the work of the working groups at National and Provincial level to facilitate strategic alignment

2.3.5 That it be noted that in respect of the Upper Limits of Annual Remuneration in respect of Municipal Councillors, the Minister for Local Government will consider the recommendations of the Independent Commission for Remuneration of Public Office Bearers, consult with MECs for Local Government and SALGA and thereafter publish its final determination.

2.3.6 That in respect of the once off gratuity payment to non-returning Councillors, Council notes that the Independent Commission for Remuneration of Public Office Bearers has published its recommendations and the Minister for Local Government will give consideration to such recommendations and finalise the basis for such payment.

2.3.7 That the following upcoming events, workshops and training programmes provided by SALGA, be noted:-

EVENT DATE Details for enquirers ATTENDEESFinance Councillor Portfolio Committee Training

02 December 2016

Mfaniseni [email protected]

● MF Working Group members

● MF Portfolio Committee members, and

● CFO’s

SALGA Working Groups Induction

06 December 2016

Makhosini [email protected]

● Working Group members,

● Mayors,● Speakers● MM’s● Executive Managers

SALGA KZN DSR Games (Ugu District Municipality)

08 to 11 December 2016

Sihle [email protected]

● Mayors,● Speakers● Councillors● MM’s● Sports co-ordinators● Municipal officials● Government

Departments and● General Public

SALGA National Conference

28 November – 02 December 2016

Mr. Mpho [email protected]

● Mayors,● Speakers● Councillors● MM’s or● Senior Managers


3. THIRD REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2016-12-06

3.1 REPORT OF GOVERNANCE AND HUMAN RESOURCES COMMITTEE : SPECIAL MEETING HELD ON 2016-11-28

(Page R1)

3.1.1 Amendments to Municipal Communications Policy (12/P):(Page 35 : Governance and Human Resources Committee - Agenda 2016-11-28)

The Executive Committee noted that the Governance and Human Resources Committee had agreed to remove Clause 5.10 relative to Social Media, on the amendments to the Municipal Communications Policy.

Being in agreement,


3.1.1.1 That the draft amendments to the Municipal Communication Policy as contained in the report of the Head : Communications dated 2016-11-22, be adopted.

3.1.1.2 That subject to adoption of .1 above, authority be granted to the Head: Communications to implement the Municipal Communication Policy.

3.1.1.3 That it be noted that the amendments on the Municipal Communications Policy will broaden the scope of the policy framework and strengthen the City's communication framework to ensure that the communication takes place in a coordinated, tightly control and uniform manner within eThekwini Municipality.

3.2 REPORT OF THE COMMUNITY SERVICES COMMITTEE : MEETING HELD ON 2016-11-28

(Page R3)

3.2.1 Presentation on Proposed Institutional Model: Moses Mabhida Stadium:(Page L26: Community Services Committee - Agenda 2016-11-28)

At the Community Services Committee on 2016-11-28, the General Manager: Moses Mabhida Stadium delivered a presentation regarding the proposed institutional model of the Moses Mabhida Stadium and gave a short background in terms of the previous processes that had been used to manage the stadium since it was completely constructed in October 2009.

He mentioned that the 140 staff employed by the Stadium that was currently on 24 months fixed term contracts.He highlighted that in May 2009, a Caretaker Operator had been appointed to manage the stadium and thereafter their agreement/contract was terminated in 2013. It was mentioned since July 2013, the Municipality took over the management of the stadium which was a transitional period.


It was added that in May 2015, stadium management engaged the services of the Organizational Development and Change Management (ODCM) who had been tasked with the investigation of various institutional models or mechanisms that could be adapted by the stadium. The General Manager: MMS advised that ODCM conducted benchmarking process through study tours and meetings with other world cup stadia within South Africa such as Green Point Stadium (Cape Town), Nelson Mandela Bay Stadium (PE) and Mbombela Stadium (Nelspruit). Furthermore it was noted that various consultants and Municipal employees managing various such facilities in South Africa were also consulted as well as desktop research on international trends and Management Structures of other stadia locally and internationally.

The General Manager: took the Committee through the detailed 5 institutional models that were identified through the study and advised that this matter had been considered by various Committees of the former Council which had preferred the stadium to remain operated/ managed within Council.

In considering the presentation, the Committee supported the decision that was taken by the former Council that the Moses Mabhida Stadium together with all other stadiums owned by the Municipality such as Sugar Ray Xulu Stadium should remain under the management of the City.

However, when the Executive Committee considered this matter on 2016-12-06, it amended the recommendations of the Community Services Committee by the addition of the following paragraph as recommendation 2.1.1 and thereafter by the consecutive numbering of the existing recommendations:-

“2.1.1 That the following recommendations adopted by erstwhile Council on 2015-10-28, relative to Proposal to Integrate the Moses Mabhida Stadium under Inkosi Albert Luthuli International Convention Centre, and the following resolution of the Executive Committee dated 2015-11-24, be rescinded:-

Council : 2015-10-28:

““14.1 That given time constraints and taking into account the lengthy consultation process required with relevant Parties on the issue relative to the proposed integration of the Moses Mabhida Stadium into the Inkosi Albert Luthuli International Convention Centre, in particular, the human resources issues, Council is requested to mandate the Executive Committee to consider input from Support Committees and respective Political Party Caucuses on this proposal and then discuss the matter to make a final decision.

14.2 That a final decision taken by the Executive Committee on this matter be reported at the next Council meeting for information and record purposes.”

Executive Committee : 2015-11-24

“14.1 That, in line with the Council resolution of 2015-10-28 mandating the Executive Committee to finalise discussions on the proposed integration of Moses Mabhida Stadium into Inkosi Albert Luthuli International Convention Centre, the Executive Committee accordingly approves the proposal to integrate Moses Mabhida


Stadium under Inkosi Albert Luthuli International Convention Centre (ICC), subject to ICC’s formal, written acceptance thereof.

14.2 That authority be granted for the City Manager to finalize the integration process in accordance with relevant Municipal Legislation and Policies.””

Consequently,


3.2.1.1 That the following recommendations adopted by erstwhile Council on 2015-10-28, relative to Proposal to Integrate the Moses Mabhida Stadium under Inkosi Albert Luthuli International Convention Centre, and the following resolution of the Executive Committee dated 2015-11-24, be rescinded:-

Council : 2015-10-28:

“14.1 That given time constraints and taking into account the lengthy consultation process required with relevant Parties on the issue relative to the proposed integration of the Moses Mabhida Stadium into the Inkosi Albert Luthuli International Convention Centre, in particular, the human resources issues, Council is requested to mandate the Executive Committee to consider input from Support Committees and respective Political Party Caucuses on this proposal and then discuss the matter to make a final decision.

14.2 That a final decision taken by the Executive Committee on this matter be reported at the next Council meeting for information and record purposes.”

Executive Committee : 2015-11-24

“14.1 That, in line with the Council resolution of 2015-10-28 mandating the Executive Committee to finalise discussions on the proposed integration of Moses Mabhida Stadium into Inkosi Albert Luthuli International Convention Centre, the Executive Committee accordingly approves the proposal to integrate Moses Mabhida Stadium under Inkosi Albert Luthuli International Convention Centre (ICC), subject to ICC’s formal, written acceptance thereof.

14.2 That authority be granted for the City Manager to finalize the integration process in accordance with relevant Municipal Legislation and Policies.”

3.2.1.2 That subject to the adoption of .1 above, the Council Operated Model (as a Ring-fenced Business Unit) be used by the Municipality to manage and operate the Moses Mabhida Stadium.

3.2.1.3 That subject to the adoption of .1 above, the General Manager : Moses Mabhida Stadium be mandated to expedite the process of finalizing the organisational structure for the Moses Mabhida Stadium and provide a report back to the Committee Services Committee.

3.2.2 Grant and Subsidies from the Department of Arts and Culture to eThekwini Municipality Libraries and Heritage Department for period 2016/2017 to 2018/2019 (7/4/2):(Page 40: Community Services Committee - Agenda 2016-11-28)


The Deputy Head: Parks Recreation and Culture gave a short background on the above report relative to the Grants and Subsidies allocated by the KZN Department of Arts and Culture to eThekwini Municipality Libraries and Heritage Department for Period 2016/2017, 2017/2018 and 2018/2019. It was noted that according to the Constitution of South Africa, Act 108 of 1996 the responsibility of libraries was firmly placed under the competence of Provincial Government.

It was noted that the Memorandum of Understanding as had been done in the past will be signed between the KwaZulu-Natal Department of Arts and Culture and the City for each section (Museum; Libraries; Arts and Living Cultures). It was highlighted that Business Plans detailing all projects/programs planned will also form part of the agreements. On that basis,


3.2.2.1 That the Community Services Committee notes that grants and subsidies totaling R360, 851, 000.00 (Three Hundred and Sixty Million Eight Hundred and Fifty One Thousand Rand) will be transferred from the KwaZulu-Natal Department of Arts and Culture to the eThekwini Municipality Libraries and Heritage Department for period FY 2016/2017, 2017/2018 and 2018/2019.

3.2.2.2 That, subject to the adoption of .1 above, the Deputy City Manager: Community and Emergency Services be mandated to engage the KwaZulu-Natal Department of Arts and Culture in consultation with other relevant Council Departments where necessary in order to develop Memorandums of Agreement for the financial years 2016/2017, 2017/2018 and 2018/2019 for each grant or subsidy to be received.

3.2.2.3 That subject to the adoption of .2 above, the City Manager be authorised to sign each Agreement covering all aspects as required in terms of the Municipal Finance Management Act (MFMA)

3.2.2.4 That the grants and subsidies that will be received by the eThekwini Municipalities and Heritage Department be noted as follows:-

Section AmountFY 16/17

AmountFY17/18

AmountFY18/19

Total

Museums R4 623 000.00 R4 868 000.00 R5 111 000.00 R14 602 000.00

Libraries(Provincialisation)

R89 738 000.00 R91 333 000.00 R94 980 000.00 R276 051 000.00

Libraries: (Comm. Lib.Services Grant)

R21 055 000.00 R21 376 000.00 R21 695 000.00 R64 126 000.00

Arts & Living Cultures:(Stable Theatre)

R1 911 000.00 R2 022 000.00 R2 139 000.00 R6 072 000.00

TOTAL R117 327 000.00 R119 599 000.00

R123 925 000.00

R360 851 000.00


3.2.3 Authority to Provide a Possible Site for the Dorothy Nyembe Statue at Umlazi – Request from the KZN office of the Premier (21/8/3):(Page 68: Community Services Committee - Agenda 2016-11-28)

The Deputy City Manager: Community Services and Emergency advised that the purpose of the report was to request Council to rescind part of the resolution that was adopted by Council on 2016- 02-24. It was noted that there was an original site that was allocated at uMkhumbane / Cato Manor for erection Dorothy Nyembe statue was being replaced with a new request from her family that the statue be erected at a possible site at Umlazi next to Megacity.

It was noted that this project was in line with the strategic objectives of plan 6 of the IDP which is to embrace our cultural and diversity, arts and heritage and its goal to create a City where people interact creatively to stimulate economic growth, social cohesion and unity in diversity. In addition, it was highlighted that it was also in line with Plan 2 of the IDP aimed at developing a prosperous, diverse economy and employment creation whose goal referred to the stimulation and promotion of Township economy and tourism.

Thereafter,


3.2.3.1 That the following previous Council resolution 2016-02-24 on the following item, be rescinded:-

“1.6.1 That approval be granted for the following proposed sites to be used as per the request from the KwaZulu-Natal Office of the Premier.

NAME MOTIVATION PROPOSED SITE

Dorothy Nyembe Dorothy Nyembe is originally from uMkhumbane so it would be fitting for her statue to be located there.

Umkhumbane in new Cato Manor site in Monuments Garden (corner Mary Thipe and Francois Roads)

Dr Monty Naicker

The family has been engaged on the matter and they have made proposals which we are putting forth. Other relevant stakeholders have also been consulted and all proposed two possible sites subject to Council's approval.

1. Along Monty Naicker Road, exact location to be determined.

2. New Mahatma Gandhi Museum Precinct

Victoria Mxenge The statue has already been installed or erected in the Mxenge House it needs to be unveiled.

Mxenge House (Umlazi)

Griffiths Mxenge The statue would be ideal if it can be erected in the house together with that of Victoria Mxenge this proposal has the support of the Mxenge family.

Mxenge House (Umlazi)


This would serve as attractions and exhibits for future purposes as this house is currently being converted into a Museum by the City.

Dr Pixley kaIsaka Seme

The statue has been erected at Inanda at Pixley kaIsaka Seme's home it needs to be unveiled.

Inanda (Pixley kaIsaka Seme House)

Moses Mabhida There have been engagements with various stakeholders on this issue, together with the family the proposal was made and Moses Mabhida has been engaged on the matter.

Moses Mabhida Stadium (North Entrance - off Isaiah Ntshangase Road)

1.6.2 That, subject to the adoption of .1 above, the City Manager be granted authority to sign a Memorandum of Understanding (MOU) with the KwaZulu-Natal Office of the Premier addressing custodianship of statues.ADOPTED.”

3.2.3.2 That subject to the approval of .1 above, the first part of the resolution regarding Dorothy Nyembe be amended to read as follows:-

NAME MOTIVATION PROPOSED SITE

Dorothy Nyembe Dorothy Nyembe was originally from uMkhumbane but moved to stay at uMlazi Township and she died while staying at uMlazi.

uMlazi Township Stakeholder have proposed a site on the entrance of uMlazi Township next to Mega City and in their view this would also boost the Township’s Tourism and economy.

3.2.3.3 That subject to the approval of .1 and .2 above the new allocation at uMlazi next to Mega City for the Statue, be approved.

3.2.4 The Annual Amantshontsho Maskandi Festival (13/2/1/2):(Page 76: Community Services Committee - Agenda 2016-11-28)

The Deputy City Manager: Community and Emergency Services stated that the purpose of the report was to seek authority from the Community Services Committee to support Amantshontsho KaMaskandi Awards to be held at the Durban International Conventional Centre on the 1st April 2017. He advised that this was an annual event which initially requested the Municipality to approve its support for a three cycle of this programme but stated that the Chairperson had requested that since the Committee was new, the approval be for one year while the Committee was learning more about the programme.

It was noted that this programme was part of eThekwini Municipality’s arts strategic focus areas to ensure that all communities should experience, be inspired and embrace the diverse cultures existing within the City. It was stated that is important


to execute this focal point by partnering with Amantshontsho KaMaskandi Awards Programs. On that basis,


3.2.4.1 That the Deputy City Manager : Community and Emergency Services be granted project authority to support the said Annual Amantshonthsho Awards Event for 2017 as it forms part of the greater artist development agenda, over a one year cycle.

3.2.4.2 That subject to the adoption of .1 above, all procurement of services, be administered by the Parks, Recreation and Culture Unit, which will follow the eThekwini Municipality Supply Chain Management Policy NOT exceeding R870 000 00 (Eight Hundred and Seventy Thousand Rand) (inclusive of VAT).

3.2.4.3 That the Close Out Report be prepared by the Parks, Recreation and Culture Unit at the completion of this Event.

Financial Details:

Description Estimated Cost Vote Numbers

Contribution towards venue hire costs

R500 000 15503.22710.30.12120.0000. 38260. W027

Communications, PR and Marketing

R120 000 15503.16315.12120.0000. 38260. W027

Stage, Lighting Sounds and Backline (Durban Tourism)

R250 000 34552.11760.12120.0000. 8550.W027

TOTAL R870 000.00

Vote: Deputy City Manager's Vote FC: 32/085Vote: Durban Tourism FC: 32/085

[Savings have been identified from the Aid 2016/2017 Events Vote and the same will be reported on the Adjustment Budgets 2016/2017]

3.2.5 Authority to Support the 8 th /9 th South African AIDS And 5 th November South African TB Conferences (7/14/1 & 13/2/1/2/1):(Page 79: Community Services Committee - Agenda 2016-11-28)

The Deputy City Manager: Community and Emergency Services advised that this report was to seek authority from the Community Services Committee to provide support through sponsorship of venue fees for the 8th South African AIDS Conference (2019) to be held at Inkosi Albert Luthuli International Conference Centre (ICC) Durban.

Amongst other things, the Committee noted that Dira Sengwe in partnership with Foundation for Professional Development had been hosting AIDS Conferences in Durban since year 2000. It was noted that to date, all National AIDS and TB Conferences have been held in Durban due to substantial support that it received from eThekwini Municipality. It was noted that this event was expected to attract an estimated 5000 people over a six day period, annually.


It was highlighted that the current cycle support of this event has come to an end therefore it was being submitted for the next three year cycle. It was mentioned that the support was in a form of R600 000 per event which was paid to the Durban ICC for venue hire costs. For austerity measures, it was proposed that the City supports towards the venue hire costs, be reduced to R500 000 annually.


3.2.5.1 That the authority is granted to the Deputy City Manager : Community and Emergency Services to support and facilitate the coordination and implementation of the AIDS and TB Conference for 3year period.

3.2.5.2 That subject to the adoption above, the Deputy City Manager : Community and Emergency Services should ensure that all procurement will be in line with the Supply Chain Management processes.

Description Estimated coast

Vote Numbers

Contribution towards venue hire costs

R500 000 34552.22710.30.0000.12120. 32100-3.0010

Communications, PR and Marketing

R120 000 14001. 16315.0000.12120.83630.0010

Mayoral Civic Reception R136 000 34552.17200. 0000. 12120.

Community Activation and Legacy Programme

R350 000

TOTAL R1 106 000.00

Vote: CES Cluster Executive Office Vote FC:32/083; R1 106 000.00 Provided 2016/2017 (Annually)

3.2.6 Hosting of the University of Swaziland Students by the Health Unit-Environmental Health Section for Annual Academic Excursions and Signing of a Memorandum of Understanding between the Two Institutions:(Page 83: Community Services Committee - Agenda 2016-11-28)

The Deputy City Manager : Community and Emergency Services provided a short background on the current relationship with the University of Swaziland and the Health Unit of eThekwini Municipality It was also advised of the current endeavour to formalise the relationship in the form of the Memorandum of Understanding. He advised that there were no financial implications in this regard.

He explained that the University of Swaziland Environmental Health Science Department had requested and granted approval to visit eThekwini Municipality for the past four years with the view to assist their students with academic exposure to various aspect of their curriculum.

It was noted that the Environmental Health Department had engaged numerous Sister Departments within the Municipality in order to successfully assist in this academic exposure of students. Due to this successful relationship there was work in progress in terms of formalising it with the help of the Officials from MILE and Legal and Compliance Unit. On that basis,



3.2.6.1 That the partnership between eThekwini Municipality and the University of Swaziland regarding assistance of UNISWA students with academic exposure for a period of 3 years be approved by Council.

3.2.6.2 That subject to the adoption of .1 above, in conjunction with Head: Legal and Compliance, the Head: Health be authorised to sign a Memorandum of Understanding between the eThekwini Municipality and the University of Swaziland.

3.2.7 Request for Authority to Donate Analytical Laboratory Equipment to an Institute of Higher:(Page 98: Community Services Committee - Agenda 2016-11-28)

The Deputy City Manager : Community and Emergency Services explained that the Health Unit was seeking Council approval in order to donate unused laboratory equipment to Mangosuthu University of Technology. He advised that the equipment was purchased during 2010 FIFA Soccer World Cup as additional analytical equipment by the PCRM Section of Health Unit. It was stated that the management staff that was involved in the purchase and procurement of this equipment have all subsequently left employ of Council.

It was highlighted that purchase of this equipment was not funded by Council but was funded by the FIFA Committee in their donation to South Africa as a host country. The Deputy City Manager : Community and Emergency Services advised that DUT, MUT and UNISA were approached regarding whether they were interested on receiving the equipment as donation for their Analytical Laboratory Equipment but only MUT indicated unwavering interest of the donation.

On that basis,


3.2.7.1 That the donation of the unused Analytical Laboratory Equipment to the Mangosuthu University of Technology in terms of the expression of interest be approved

3.2.7.2 That a Memorandum of Agreement between the Municipality and the Mangosuthu University of Technology be drafted to cover terms and conditions of the donation and the City Manager be authorised to sign the agreement.

3.2.7.3 That the official hand-over of the equipment to the management of the Mangosuthu University of technology, be considered.

3.2.7.4 That the Health Unit be authorised to take the matter to the finality.

3.2.8 16 Days of Activism for No Violence Against Women and Children Abuse:(Page L25: Community Services Committee - Agenda 2016-11-28)

The Deputy City Manager : Governance and International Relations presented the report and advised its purpose was to seek approval for supporting the 16 Days of Activism for No Violence Against Women and Children Abuse which was an International Campaign that took place annually from the 25 of November 2016 to


the 10th December 2016. He mentioned that during this period, the South African Government conducted campaigns to make communities aware of a negative impact of such violence and to act against it. It was noted that campaigns were supported by thousands of South Africans, civil society organisations and business sectors to broaden the impact of this Programme.

The Deputy City Manager : Governance and International Relations requested the Committee to disregard the launch project which was funded with a total amount of R1 485 000 and therefore approve the remaining project in terms of Closure Dialogue to an amount of R680 000 as well as the Widows Empowerment Dialogue to the amount of R455 00 which came to a total amount of R1.135 million.

On that basis,


3.2.8.1 That the report on 16 Days of Activism for No Violence Against Women and Children Abuse dated 2016-11-14, be approved.

3.2.8.2 That the Head: Community Participation and Action Support Unit be authorized to implemented the programme and incur expenditure.

Votes: various; R1 135 000 FC Number: 06/22

3.2.9 Proposal for a Municipal Library at Galleria Mall, Amanzimtoti (34/3/1):(Page 146: Community Services Committee – Supplementary Agenda 2016-11-28)

The Deputy Head: Libraries and Heritage presented the report regarding the approval of the Committee to support the eThekwini Municipal Library Services to pursue a partnership with Resilient Property Income Fund, Fortres Property Income fund and Lodestone Properties (The Group) in order to establish a Municipal Library at the Galleria Mall in Amanzimtoti.

He mentioned that there were still on-going negotiations with the Galleria Mall and advised that the Real Estate Department would lead the negotiations from the side of the Municipality.

On that basis,


3.2.9.1 That Authority be granted to the Deputy City Manager : Community and Emergency Services and Real Estate Unit and other relevant Council Departments, to pursue a partnership with Resilient Property Income Fund, Fortres Property Income fund and Lodestone Properties (The Group) for the purpose of establishing a Public Library at Galleria Mall in Amanzimtoti.

3.2.9.2 That subject to .1 above, the proposed target date to take occupancy of the facility is 2 January 2017.

3.2.9.3 That, subject to the adoption of .1 and .2 above, the Deputy City Manager : Community and Emergency Services be mandated to engage Lodestone Properties in


consultation with other relevant Council Departments where necessary in order to develop a Memorandum of Agreement

3.2.9.4 That subject to the adoption of .3 above, the City Manager be given authority to sign the agreement covering all the aspects as required in terms of the Section 67 of the Municipal Finance Management Act (MFMA) as well as responsibilities of both parties.

3.2.10 Proposed Memorandum of Understanding With Durban Botanic Gardens Trust (31/1/1/3):(Page 173 Community Services Committee – Supplementary Agenda 2016-11-28)

The Deputy City Manager : Community & Emergency Services advised that the purpose of the report was to request authority to conclude a Memorandum of Understanding between the Municipality and the trust of the Durban Botanic Gardens Trust in line with Section 86B (2) of the MFMA.

On that basis,


That the City Manager be authorized to conclude a Memorandum of Understanding between the Durban Botanic Gardens Trust Reg. No 9208/93 and the Municipality for the purposes of formalizing the working relationship between the Municipality and the Durban Botanic Gardens Trust.

3.3 REPORT OF ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE : MEETING HELD ON 2016-12-01

(Page R10)

3.3.1 Integrated Inner City Local Area Plan And Regeneration Implementation Plan (21/5/1):(Page 7 : Economic Development and Planning Committee - Agenda 2016-12-01)


That theIntegrated Inner City Local Area Plan and Regeneration Implementation Plan dated November 2016, be approved.

3.3.2 Transfer of Funds from Business Support Tourism and Markets Unit to SEDA eThekwini for 2016/2017 (20/1/7/3):(Page 44 : Economic Development and Planning Committee - Agenda 2016-12-01)

The Committee noted that the primary functions of SEDA eThekwini are as follows:-

- Render Business Information services.- Offer Tender Advice and Contractor Support- Render Business Development Services - Facilitate Building of sustainable and competitive enterprises- Facilitate access by small enterprises to non-financial resources, capacity

building services, products and services.- Create and enabling operating environment for small enterprises


- Facilitate international and national market access products and services for small enterprises

- Facilitate partnerships across all spheres of government, private sector and other relevant stakeholders

It was further noted that support for the operation of the eThekwini Municipality’s Informal Economy Forum be maintained as this includes vital stakeholders who drive policy implementation.

In view of the foregoing,


3.3.2.1 The Head : Business Support and Markets be authorised to transfer the sum of R3 227 471.88 (Three Million Two Hundred and Twenty Seven Thousand Four Hundred and Seventy One Rand and Eighty Eight Cents) to SEDA-eThekwini for the implementation of programs in terms of Section 67 of the Municipal Finance Management Act No. 56 of 2003 and the Memorandum of Agreement annexed to the report of the City Manager dated 2016-10-31.

3.3.2.2 That subject to the approval of .1 above, the Head : Business Support and Markets be given Authority to monitor the work and report back to the Economic Development and Planning Committee in terms of the Memorandum of Agreement annexed to the report of the City Manager dated 2016-10-31, and in terms of Section 67 of the Municipal Finance Management Act 2003.

Vote No. 2650.1145; R4 546 080 (Provided 2015/16)Vote No. 2650.1145; R4 773 384 (Provided 2016/17)Vote No. 2650.1145; R5 012 053 (Provided 2017/18)

3.3.3 South African Low Emissions Development Programme (30/2/4/2/1/4):(Page 225 : Economic Development and Planning Committee - Agenda 2016-12-01)

Following brief elaboration on the report by the City Manager dated 2016-10-25 relative to the South African Low Emissions Development Programme,


3.3.3.1 That the collaboration between eThekwini Municipality and Chemonics, be approved.

3.3.3.2 That subject to the approval of .1 above, the City Manager be authorised to enter into a Memorandum of Understanding on behalf of the eThekwini Municipality, with Chemonics.

3.3.3.3 That subject to the approval of .1 and .2 above, the eThekwini Municipality host a signing Ceremony with United States Agency for International Development (USAID) and Chemonics.

3.3.3.4 That subject to the approval of .1 and .2 above, three (3) Officials from the Durban Solar Waste Unit be authorised to travel on the learning programme to the United States of America for the Biogas Vehicle Pilot Project.


3.3.4 Request to Approve the Transfer of Additional Funds in Terms of Section 67 of the Municipal Finance Management Act from the Funds Received from the Free Hanseatic City of Bremen for the “Wetland Rehabilitation for Climate Change Adaptation Programme” (32/2/1/1/1):(Page 308 : Economic Development and Planning Committee - Agenda 2016-12-01)


That the Head : Engineering be authorised to disburse additional grant funds to the value of R300 000 (Three Hundred Thousand Rands) (this being additional to the R650 000 (Six Hundred and Fifty Thousand Rand) approved by Council on 2015-03-01), to the Riverhorse Valley Business Estate Management Association in terms of Section 67 of the Municipal Finance Management Act, and in accordance with the Memorandum of Agreement.

(Vote : 46400.11050.49290.0000.10710-14.0010; 2016/2017 R300 000 (Three Hundred Thousand Rand); F/C 46/102).

3.4 AUTHORITY TO REVERSE INTEREST CHARGED ON RATES OUTSTANDING FOR DURBAN MARINE THEME PARK (SOC) LIMITED (7/2/2)

(Page 1)

The Executive Committee considered a report by the City Manager dated 2016-11-15 in the above regard, the purpose of which was to obtain approval to reverse the interest charged on the rates outstanding for the Durban Marine Theme Park Limited.

Whilst some Members expressed reservations in that it was not best practice to take a decision to reverse an amount without viewing the financials of the Entity,


3.4.1 That the reversal of interest charged on Durban Marine Theme Park Limited in the amount of R672 263.38 (Six Hundred and Seventy Two Thousand Two Hundred and Sixty Three Rand and Thirty Eight Cents), be approved.

3.4.2 That Municipal Entities be exempted from interest charges from the date of this resolution and that the Credit Control and Debt Collection Policy be amended accordingly.

3.5 ESTABLISHMENT OF A SPECIAL RATING AREA : PERTH WEST, WESTVILLE (7/2/1)

(Page 3)

The Executive Committee that noted the objectives of the formulation of the proposed Perth West Special Rating Area was to eradicate crime, with the aim of security property investments, improving quality of life and to provide supplementary security for those who live, work and visit the precinct. It was noted


that the abovementioned objectives were consistent with the Municipality’s IDP which was aimed at fostering a Socially Equitable Environment and promoting the safety, health and security of citizens and were consistent with the Constitutional Rights of all citizens to be safe, health and secure.

It being noted that 9 (nine) special rating areas currently operated within the bounds of the Municipality,


3.5.1 That the establishment of a Special Rating Area bounded by Glencairn Close in the West, Stanley Teale Road in the South, Robert Herrick Avenue in the North and the eastern boundary consisting of Linford Place and Drayton Place in Westville, be approved, it being recorded that an additional rate of 0.004578% for the 2017/2018 financial year in respect of all categories of property, needed to finance a budget of R1 330 540.00 (One Million Three Hundred and Thirty Thousand Five Hundred and Forty Rand), be also approved.

3.5.2 That the Head : Legal and Compliance consider the Memorandum of Incorporation for this Non Profit Company for compliance with Council resolution.

3.5.3 That an agreement in terms of Section 67 of the Municipal Finance Management Act be concluded with Non-Profit Company concerned, which contains conditions for the monitoring of performance by use of indicators in key functions.

3.5.4 That authority be granted to the City Manager or his nominee to sign the Agreement in terms of Section 67 of the Municipal Finance Management Act.

3.6 2017/2018 RATES POLICY (7/2/P)

(Page 9)


That the proposed amendments to the draft Rates Policy for the 2017/2018 financial year, attached report of the City Manager dated 2016-11-08 and as outlined in the aforesaid report of the City Manager, 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.

3.7 REVIEW OF VALUATION ROLL TARIFFS : 2017/2018 (7/6/1/2)

(Page 213)

Having considered a report in the above regard,relating to the price payable to the eThekwini Municipality for copies of the Valuation Roll in digital format, the issuing of a Valuation Certificate and fees payable in respect of Section 78 queries,


3.7.1 That the Council of the eThekwini Municipality resolves in terms of Section 75A of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that with


effect from 2017-07-01, the tariffs set out in Annexure A of the report by the Head : Real Estate dated 2016-11-16, will be levied.

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

3.8 REPORT ON INVESTMENTS : 30 SEPTEMBER 2016 TO 31 OCTOBER 2016 (7/11/4)

(Page 253)


That the report on the investments of the eThekwini Municipality from 2016-09-30 to 2016-10-31, submitted by the City Manager as per his report dated 2016-11-24 and as per the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.

3.9 CREDIT RATING (2/10/2/1)

(Page 260)

The Executive Committee applauded the improvement of the Municipality’s Credit Rating as indicated in the report of the City Manager dated 2016-11-24.

In that regard,


That the report on credit rating of the eThekwini Municipality for the period ending October 2016, submitted by the City Manager as per his report dated 2016-11-24, be noted.

3.10 2017 CALENDAR OF MEETINGS (3/4/6)

(Page 274)


That the 2017 Calendar of Meetings for the eThekwini Municipality submitted under cover of a report by the City Manager dated 2016-12-01, be noted.

3.11 NATIONAL HOUSING NEEDS REGISTER (NHNR) (2/1)

(Page 287)

The Executive Committee considered a report by the City Manager dated 2016-11-28 in the above regard, the purpose of which was to inform of the role out of the National Housing Needs Register (NHNR) and to seek authority to arrange a Workshop for the Human Settlements & Infrastructure Committee in order to


capacitate them on the system and the implications of Operationalization. Being in concurrence,


3.11.1 That authority be granted for the National and Provincial Departments of Human Settlements to undertake a Councillor’s Workshop for the Human Settlements and Infrastructure Committee on the National Housing Needs Register (NHNR)which will benefit the Committee as indicated hereunder, it being recorded that the National Housing Needs Register will be rolled out in a phased approached as a standard operating procedure for allocation purposes.

● To enable the process to be transparent;● To enable a detailed project planning according to the needs of the community

(e.g. economic profile can be established; number of children/ pensioners in the community can be established;

● To facilitate communication with potential beneficiaries via Short Message Service (SMS);

● To improve accuracy of statistics including housing and services backlogs;● To enable an initial pre-screening of potential beneficiaries to streamline

subsidy applications.

3.12 SAFER CITIES PROGRAMME AND CONTINENTAL RESPONSIBILITY THROUGH AFRICAN FORUM FOR URBAN SAFETY (AFUS) (28/1/1/1)

(Page 305)

It was noted that the purpose of the City Manager’s report dated 2016-10-20 in the above regard was to inform and seek authority to advance on the contents of the Memorandum of Understanding (MOU) between the Municipality and UN Habitat which had been adopted by Council 2015-04-30. A further purpose was to appoint the South African Forum for Urban Safety (AFUS) Co-ordinator. In that regard,


3.12.1 That authority be granted to undertake the contents of the Memorandum of Understanding (MOU) which had been entered into between the eThekwini Municipality and UN Habitat and which had been adopted by Council on 2015-04-30 by effecting the following:-

3.12.1.1 Appointment of AFUS Co-ordinator3.12.1.2 Implementing of Durban Legacy Project3.12.1.3 Development and Operationalization of AFUS virtual learning platform; and 3.12.1.4 Hosting of the 2nd AFUS Leaning Exchange


3.13 HOLIDAY SAFETY : SEPARATED CHILDREN PROGRAMME (28/1/4)

(Page 312)

In a report dated 2016-09-27 in the above regard, the City Manager advised of the need to implement the Safer Cities Plan related to the Festive Management Plan for the City during the festive season, commencing 2016-12-01 to 2017-01-30. It was noted that during this period the safety of children is compromised especially when families visit the eThekwini Beaches.

Therefore, the Safer Cities Unit, in collaboration with the Parks, Recreation and Culture Unit, have embarked on the Separated Children Programme which is aimed at improving the safety of children to minimize, inter-alia, human trafficking, abandonment, abduction and abuse.

Being in agreement,


That in order to improve the safety of children during the festive season, commencing 2016-12-01 and ending 2017-01-30, the proposal to implement the 2016/2017 “Separated Children During the Festive Season Programme”, as outlined in the report of the City Manager dated 2016-09-27 relative hereto, at an estimated cost of R198 427-50 (One Hundred and Ninety Eight Thousand Four Hundred and Twenty Seven Rand and Fifty Cents), be approved.

BU ITEM. SUB FUNDING COSTING PROJECT REGION

16021 10840.10 12120 0000 76200 W058

F.C. No. 35/382

3.14 OPERATIONS OF REVENUE MANAGEMENT (2/1/2/2)

(Page 357)

In considering the above-mentioned report of the City Manager dated 2016-11-29, some Members expressed concern that there were irregularities in the accounts and requested that disconnections of electricity and water be paused.

In that regard it was advised that all irregularities in respect of accounts had been resolved and no interest had been charged on any outstanding accounts. Further all disconnections were being done in terms of the Credit Control Policy.

In the circumstances,


That cognizance be taken of the report of the City Manager dated 2016-11-29, relative to Operations of Revenue Management and some of the key measurements that have been implemented, together with the monthly cash that have been collected for services, as stipulated in Annexures A and B to the aforesaid report of the City Manager, be noted.


3.15 AUTHORITY TO HOST “THE ARMED FORCES DAY 2017” CELEBRATIONS IN THE CITY OF DURBAN FROM 14 JANUARY 2017 TO 21 FEBRUARY 2017 (13/2/1/2/1)

(Page 367)

The Executive Committee considered a report by the City Manager dated 2016-11-25 in the above regard, the purpose of which was to seek approval for eThekwini Municipality to partner with the South African National Defence Force (SANDF) to host “The Armed Forces Day 2017” Celebrations in the City of Durban from 2017-02-14 to 21, by providing event related planning, logistics and administrative support.

It was noted that whilst the financial implications for this event was still outstanding, the indicative amount was in the region of R2 million.

Consequently


3.15.1 That the partnership between eThekwini Municipality and SANDF to host “The Armed Forces Day 2017” celebrations by providing event related planning, logistics and administrative support, be approved.

3.15.2 That subject to the approval of .1 above, authority be granted to the Deputy City Manager : Finance to provide funding for theprogrammes from the City’s Consolidated Events Budget, in accordance with the costs compiled and submitted by the relevant Municipal Department.

3.15.3 That authority be granted to the Deputy City Manager : Community & Emergency Services to co-ordinate the partnership with the SANDF on behalf of the Municipality and to directly manage and organize, across the Municipality, all the support services required.

3.15.4 That the Deputy City Manager : Community & Emergency Services update the City’s Leadership on the progress and ultimate outcome of the Event.

3.16 PROPOSED NEW ETHEKWINI MUNICIPALITY: CREDIT CONTROL AND DEBT COLLECTION BY-LAW 2016 (1/1/3/1/R)

(Page 373)


3.16.1 That the proposed Credit Control and Debt Collection By-Law, 2016 be approved for public participation and that a Notice inviting comments be published in the Ezasegagasini Metro, the Mercury, Isolezwe and the City Hall Notice Board for a period of not less than 14 days to allow the public an opportunity to make representations with regard to the proposed By-Law.

3.16.2 That should no substantive objections and representations be received from the Public, the above By-Law be referred back to the Executive Committee and Council


for final approval and thereafter for the By-Law to be promptly sent to Ezasegagasini Metro and the Provincial Gazette for final publication, with the By-Law taking effect on a date as prescribed therein.

3.16.3 That the Council resolution of 2016-07-30 be amended to remove any reference to the Credit Control and Debt Collection By-Law to read as follows:-

“That the proposed Property Rates By-Law, annexed to the report of the City Manager dated 2015-07-14 be approved for the 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.”

3.17 BACK TO BASICS REPORT FOR QUARTER 1 OF 2016/2017 (2/3/2/1/2)

(Page 408)

Having being apprised of the above-mentioned matter, details of which are contained in the report of the City Manager dated 2016-11-28,


That in terms of COGTA Circular No.10 of 2016, the Back to Basics Report for Quarter 1 of the 2016/2017 financial year, details of which are contained in the report of the City Manager dated 2016-11-28 and the summary of the assessment score as indicated hereunder, be noted.

Summary of Assessment Score for Quarter 1

3.18 GENERAL VALUATION OF ALL PROPERTIES WITHIN THE ETHEKWINI MUNICIPALITY IN TERMS OF THE MUNICIPAL PROPERTY RATES ACT NO. 6 OF 2004 (7/3/1)

(Page 450)


That Council notes the progress of the General Valuation of all properties within the eThekwini Municipality in terms of the Municipal Property Rates Act No. 6 of 2004, with the effective date of the Valuation Roll being 2017-07-01.

3.19 REQUEST FOR PROJECT AUTHORITY FOR THE IMPLEMENTATION OF THE 2016/2017 SENIOR CITIZENS’ PROGRAMME (19/1/1/2/2)

(Page L30)

It having being advised that the purpose of the above-mentioned report of City Manager dated 2016-12-02 was to seek project authority for the implementation of the 2016/2017 Senior Citizens’ Programme



3.19.1 That the request for project authority and associated budget required to implement the 2016/17 Senior Citizens Programme, at a total cost of R23 500 000 (Twenty Three Million Five Hundred Thousand Rand Only), be approved.

3.19.2 That subject to the adoption of .1 above, and to enable the expenditure of R23 500 000 (Twenty Three Million Five Hundred Thousand Rand Only) in the 2016/2017 financial year, the shortfall in funding of R10 353 500 (Ten Million Three Hundred and Fifty Three Thousand and Five Hundred Rand) be provided for through savings to be identified within the Cluster.

Financial Details:

Business mSCOA Item Fund Costin Project Region

32603 11450 12120 0000 38710 0010

R13 146 500 (Provided in the 2016/17 Operating Budget)R10 353 500 (To be met from savings to be identified within the Cluster)

3.20 INTERVENTION IN THE CONSTITUTIONAL COURT CHALLENGE (7/2/4/1)

(Page L31)

A report in the above regard by the City Manager dated 2016-12-06 was presented to the Executive Committee, the purpose of which was as follows:

- To appraise the Council of the recent decision of the North Gauteng High Court, declaring Section 118(3) of the Local Government : Municipal Systems Act of 2000 to be constitutionally invalid. The above decision could have far reaching consequences to the Municipality’s ability to recover rates debt that is older than two (2) years; and

- To get the Council’s approval to intervene and oppose the confirmation of the invalidity of Section 118(3) of the Local Government : Municipal Systems Act of 2000.

In that regard,


3.20.1 That authority be granted to the Head : Legal & Compliance to intervene in the case of Livanos and Others vs Tshwane Municipality and Ekurhuleni Municipality and oppose confirmation of an order declaring Section 118(3) constitutionally invalid; and

3.20.2 That subject to approval of .1 above, authority be granted to Head : Legal & Compliance to take all steps necessary to ensure that the Municipality intervenes and its rights are protected.

4. FOURTH REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON THURSDAY, 2016-12-08


4.1 MUNICIPAL COMMUNICATION AND MARKETING STRATEGY (12/5/R)

(Page 1)

With the Democratic Alliance abstaining on the basis that item would need to be discussed with their caucus, in the first instance


4.1 That the draft Municipal Communication and Marketing Strategy as contained in the report of the City Manager dated 2016-11-22, be adopted.

4.2 That subject to adoption of .1 above, authority be granted to the Head: Communications to implement the Municipal Communication and Marketing Strategy.

4.3 That it be noted that the Municipal Communication and Marketing Strategy will drive the organisation's brand image and reputation and influence stakeholders perceptions through information dissemination and obtaining stakeholder feedback, as well as implementation including:-

4.3.1 Building a culture to engage employees through internal communications;

4.3.2 Promote the Municipal brand, programmes, products and services through high-impact communication and marketing campaigns;

4.3.3 Improve the Municipality's reputation through positive media coverage;

4.3.4 Build the brand's online presence to expand communication reach; and

4.3.5 Research, package, produce and disseminate informative publications to keep eThekwini stakeholders informed.

4.2 BUDGET STATEMENT REPORT : MONTH ENDING 31 OCTOBER 2016 (7/1/4)

(Page 112)


That the Budget Statement Report for the month ending 2016-10-31, submitted by City Manager as per his report dated 2016-11-17, in compliance with Section 71 of the Municipal Finance Management Act and in terms of Government Notice 32141 dated 17 April 2009, relating to the “Local Government: Municipal Finance Management Act 2003, be noted.

4.3 MONTHLY REPORT ON PUBLIC TENDER AWARDS / REGULATION 36 REQUESTS MADE BY THE CITY FOR THE MONTH OF AUGUST 2016 (9/1/3)

(Page 245)



4.3.1 That the monthly report of the City Manager dated 2016-10-26, relative to awards made by the City for the month of August 2016, as presented, be noted.

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

4.3.3 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.

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

4.4 MONTHLY REPORT ON PUBLIC TENDER AWARDS / REGULATION 36 REQUESTS MADE BY THE CITY FOR THE MONTH OF OCTOBER 2016 (9/1/3)

(Page 264)


4.4.1 That the monthly report of the City Manager dated 2016-11-05, relative to awards made by the City for the month of October 2016, as presented, be noted.

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

4.4.3 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.

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

4.5 HOSTING OF ETHEKWINI MOTOR FESTIVAL SKILLS TRAINING IN DURBAN (13/2/1/1/1)

(Page 282)

Responding to a question on the authorization of the marketing expenditure, the Committee was advised that Durban Tourism had a separate budget for marketing strategies and that the requested amount of R 100 000 (One Hundred Thousand Rand) was not related to the actual expenditure to be incurred.




4.5.1 That Council approves the hosting of the eThekwini Motor Festival Skills Training at the Moses Mabhida Stadium from 2016-12-10 to 2016-12-11, which will consists:-

● Car display: Show ‘n Shine (exotic, vintage and normal cars)● Sound Off/Dyno Competition● Motorbike (Show ‘n Shine plus Skills advancement)● Gymkhana/Spinning● Exhibition (manufacture, tyres, petroleum, aftermarket products)● Taxi Fashion Show● Dismantling and assembling a vehicle engine● Drifting

4.5.2 That subject to .1 above, the City Manager be authorized to enter into an agreement with Loxion Motor show for the hosting the event.

Financial Implications:-

Council contribution for the staging of the event is R850 000.00 including the venue hire costs.

Estimated cost items:

Item Description Amount

1. Security R15 000.00

2. Medical R20 000.00

3. Safety Officer R25 000.00

4. Fencing R25 000.00

5. Cleaning R15 000.00

6. Concrete Safety Barriers R175 000.00

7. Marketing R100 000.00

TOTAL R375 000.00

NB: Moses Mabhida Stadium will Waiver Venue Hire Tariff and absorb event costs which Security, Medical, Cleaning, Safety and Fencing. Other costs such as Concrete barrier will be paid to other departments through Vote transfer.

Financial Details:

Vote Number Financial Year

Budget Spent to Date Budget Available

Expenditure Proposed

95050.11730.10800.0000.MRC01.0010 2016/17 R2 789 790.00 R2 151 916.00 R 637 874.00 R240 000.00

2016/17 R 455 630.00 R 196 403.00 R 259 227.00 R 20 000.00

2016/17 R1 268 230.00 R 727 130.00 R 541 100.00 R 15 000.00


2016/17 R3 183 070.00 R1 074 360.00 R2 108 710.00 R100 000.00

FC No.: 30/04

4.6 REQUEST FOR APPROVAL OF FUNDING TO BOLSTER SECURITY AT GLEBELANDS HOSTELS COMPLEX USING EXISTING CCTV TENDER 1C - 7060 (9/1/3)

(Page 293)


4.6.1 That Council grant project authority for Phase 2 Glebelands for an amount of approximately R2 985 307.60 (Two Million Nine Hundred and Eighty Five Thousand Three Hundred and Seven Rand and Sixty Cents) including VAT.

4.6.2 That in view of the urgency of the matter, authority be granted to the Deputy City Manager: Finance to identify savings from the adjustment budget to fund the project.

4.6.3 That subject to the approval of .1 and .2 above, funding be allocated to the eThekwini Disaster Management and Emergency Control Unit with a vote number to carry out the above-mentioned project using the existing tender 1C-7060.

(Vote number to be provided.)

4.7 EXTENSION OF EXPIRING BOARD POSITIONS AT THE INKOSI ALBERT LUTHULI INTERNATIONAL CONVENTION CENTRE (ICC) (13/R)

(Page 296)



That Council approve the extension of the expiring term of office of the three Board Members of Inkosi Albert Luthuli International Convention Centre i.e. (Ms Mato Madlala, Mr. Themba Ngcobo and Mr. Ashok Sewnarian) for a period of 3 (three) months from the date of expiry i.e. December 2016 until end of March 2017.

4.8 AUTHORITY TO ADJUST THE HUMAN SETTLEMENTS CAPITAL BUDGET IN TERMS OF SECTIONS 28 AND 29 OF THE MUNICIPAL FINANCE MANAGEMENT ACT (7/1/2/2)

(Page 299)



4.8.1 That Council approve the adjustment budget of Human Settlement Unit as set out in Annexure A, B and C of the report of the City Manager dated 2016-12-03 for 2016/2017 financial year.

4.8.2 That 3% of the Urban Settlements Development Grant (USDG) capital budget has been top-sliced to fund the operational requirements of the Human Settlements in terms of the Division of Revenue Act (DORA) due to reduction of the roll-over of Municipal Human Settlement Capacity Grant (MHSCG).

4.8.3 That it be noted that this adjustment budget will be incorporated in the Council’s February 2017 adjustment budget.

4.9 FEEDBACK REPORT ON C40 MAYORS SUMMIT 2016 (13/2/2

(Page L32)


4.9.1 That the Executive Committee notes the feedback report by the Deputy City Manager: Finance comprising the outcome of C40 Cites Climate Change, Mayors Summit 2016 as submitted by the Deputy City Manager : Finance.

4.9.2 That the Committee registers its gratitude to C40, Mexico City and Mr. Chikoko for hosting the eThekwini delegation at the C40 Mayors Summit held in Mexico City

4.9.3 That all Deputy City Managers ensure that their Clusters participate in the appropriate C40 Thematic areas and work towards integrating key climate change objectives into their operations and relevant programmes of the Integrated Development Plan (IDP).

4.9.4 That the Committee supports the development of the Climate Change Implementation Plan that will be developed in collaboration with relevant units, to be fully funded by C40 at a value between $ 200 000 and $ 500 000.

4.10 REQUEST TO AUTHORIZE EVENT LEVERAGING AND DESTINATION PROMOTION THROUGH THE EVENTS PARTNERSHIP AND SPONSORSHIP AND SPONSORSHIP FOR EVENTS FROM DECEMBER 2016 TILL MARCH 2017: (13/2/1/2

(Page L33)



4.10.1 That the partnership funding for the hosting of events in Durban from December 2016 to March 2017 be noted:-

NAME OF EVENT EVENT OCCURRENCE


2017 Umnini New Year’s Day Extravaganza 01 January 2017

International Jazz Extravaganza 14 March 2017

Good Sundae 18 and 25 December 2016

Durban Braai Day 26 December 2016

Youth in Action Music Festival 17 December 2016

KwaMakhutha New Year’s Eve Picnic 31 December 2016

INK Kasi Xperience 17 December 2016

4.10.2 That the Head : Business Support, Tourism and Markets be authorised to negotiate benefits and rights to leverage the destination and profile Durban with the event organisers.

4.10.3 That the City Manager be authorized to conclude contracts with the event owners.

4.10.4 That the Head : Business Support, Tourism and Markets be requested to report-back on the outcomes of the partnership and the hosting of such events.

Durban Tourism: R4 750 000.00BU ITEM.SUB FUND COSTING PROJECT REGION

34552 16315 12120 0000 85500 0010

Mayor’s Parlour: R600 000.00BU ITEM.SUB FUND COSTING PROJECT REGION

32601 15900 12120 0000 37420 0010

Community Participation and Action Support: R700 000.00BU ITEM.SUB FUND COSTING PROJECT REGION

32315 11330 12120 0000 39720 3.0010

4.11 NOTING OF EVENTS AND PROGRAMMES FOR THE PERIOD DECEMBER 2016 TO JANUARY 2017 (13/2/1/2/1)

(Page L34)



4.11.1 That project authority be granted to the Deputy City Manager : Community and Emergency Services to co-ordinate and implement the events and programmes for the period December 2016 to January 2017, as contained in the report of the City Manager dated 2016-12-08.

4.11.2 That subject to .1 above the Head Parks, Recreation and Culture be mandated to ensure compliance with the Supply Chain Management process in the procurement of services.


4.11.3 That the total budget of R 2 262 200.00 (One Million, Seven Hundred and Sixty Two Thousand and Two Hundred Rand) in not to be exceeded, on the basis that all costs would have to be reviewed in line with austerity measures and compliance with the Supply Chain Management Policy

4.11.4 That it be noted that a close-up report for each programme would need to be submitted to the Community Services Committee in the first instance, and then to the Executive Committee.

Vote : 34552.15200.0000.12120.32100-3.0010 Budget R 2 262 200.00FC: 33/586 2

4.12 REPORT ON THE ESSENCE FESTIVAL

(Laid on table)

It was noted that the report on the Essence Festival will be presented to the Full Council meeting.



4.12.1 That the outcome of the Essence Festival as detailed in the report of the City Manager dated 2016-12-08 be noted.

4.12.2 That the fully funded programmes and those partially funded through programmes as

listed on Page 13 of the report of the City Manager, together with the reasons for additional expenditure, be noted.

4.12.3 That notwithstanding .2 above, it be noted that the necessary funds have been identified to meet the additional expenditure indicated and that the authority be granted for the adjustment through an adjustment budget as per Section 28 of the Municipal Finance Management Act (MFMA) for payment of the relevant service providers.

4.12.4 That the key lessons learnt from the Essence Festival be noted and that the 2017/2018 budget be developed and submitted to the Economic Development and Planning Committee for approval.

4.13 DELEGATED AUTHORITY DURING COUNCIL RECESS (2/2/1)

(Raised Verbally)

That in view of the imminent Council recess

COMMITTEE RECOMMENDS


That in terms of Rule of Order 28, Her Worship the Mayor and the City Manager be granted authority to finalise any matters deemed urgent and that such matters be submitted to the first Executive Committee meeting in 2017 for ratification.

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

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

Councillor ………… : 2016-……………………Councillor ………… : 2016-……………………Councillor ………… : 2016-……………………Councillor ………… : 2016-……………………Councillor ………… : 2016-……………………Councillor ………… : 2016-……………………Councillor ………… : 2016-……………………Councillor ………… : 2016-……………………Councillor ………… : 2016-……………………Councillor ………… : 2016-……………………Councillor ………… : 2016-……………………Councillor ………… : 2016-……………………Councillor ………… : 2016-……………………Councillor ………… : 2016-……………………Councillor ………… : 2016-……………………

City Administration: Secretariat12 December 2016

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