MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the...

23
MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable UMDONI MUNICIPALITY The Jewel of the South Coast MINUTES: COUNCIL MEETING DATE OF MEETING TIME VENUE WEDNESDAY 25 JULY 2018 10:00 Scottburgh Town Hall CHAIRPERSON ELECT Cllr Mngadi – BC (EXCO Member) PRESENT ABSENT / LOA / APOLOGY Cllr Armugam – KK Cllr Ally – M Cllr Brijraj – R Cllr Baptie – EV -(EXCO Member) Cllr Bhoola – RB Cllr Dube – WT (Mayor) Cllr Dlamini – LR Cllr East – JJ Cllr Gambushe – DP Cllr Hlengwa - DMM Cllr Hlongwa DN Cllr Khabela – NY Cllr SSI Khwela (EXCO Member) Cllr Khan – MA Cllr Mtambo – HDT Cllr Mbele - BO Cllr Maharaj – RS Cllr Mzelemu – S (EXCO Member) Cllr LN Myende Cllr Ngcobo – MC Cllr Ndlela – J Cllr Nombika – PN Cllr Sosibo – BB Cllr Singh – S Cllr Shange SC Cllr Sookhraj - S Cllr Sokhulu – T Cllr Thabethe – PE Cllr Ngwane – FM - (LOA) Cllr Cele MJ –( LOA) Cllr Cele SH – (LOA) Cllr NP Mpanza-Mngadi – (LOA) Cllr Khathi – ST (Deputy Mayor) – (LOA) Cllr Mdluli SD – (LOA) Cllr Gwala – JNE (ABSENT) Cllr Hlongwa ZT (ABSENT) AMAKHOSI’S Inkosi LM Shozi Inkosi MP Ngcobo Inkosi MP Duma Inkosi SE Mbhele Inkosi PR Bele Inkosi SD Cele Inkosi JM Mqadi OFFICIALS Present L.O.A/ Absent / Apology On Council Business Mr B.A. Xulu (Acting MM)

Transcript of MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the...

Page 1: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 1 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

UMDONI MUNICIPALITY The Jewel of the South Coast

MINUTES:

COUNCIL MEETING DATE OF MEETING TIME VENUE

WEDNESDAY 25 JULY 2018

10:00 Scottburgh Town Hall

CHAIRPERSON ELECT

Cllr Mngadi – BC (EXCO Member)

PRESENT ABSENT / LOA / APOLOGY

Cllr Armugam – KK Cllr Ally – M Cllr Brijraj – R Cllr Baptie – EV -(EXCO Member) Cllr Bhoola – RB Cllr Dube – WT (Mayor) Cllr Dlamini – LR Cllr East – JJ Cllr Gambushe – DP Cllr Hlengwa - DMM Cllr Hlongwa DN Cllr Khabela – NY Cllr SSI Khwela (EXCO Member) Cllr Khan – MA Cllr Mtambo – HDT Cllr Mbele - BO Cllr Maharaj – RS Cllr Mzelemu – S (EXCO Member) Cllr LN Myende Cllr Ngcobo – MC Cllr Ndlela – J Cllr Nombika – PN Cllr Sosibo – BB Cllr Singh – S Cllr Shange SC Cllr Sookhraj - S Cllr Sokhulu – T Cllr Thabethe – PE

Cllr Ngwane – FM - (LOA) Cllr Cele MJ –( LOA) Cllr Cele SH – (LOA) Cllr NP Mpanza-Mngadi – (LOA) Cllr Khathi – ST (Deputy Mayor) – (LOA) Cllr Mdluli SD – (LOA) Cllr Gwala – JNE (ABSENT) Cllr Hlongwa ZT (ABSENT)

AMAKHOSI’S Inkosi LM Shozi Inkosi MP Ngcobo Inkosi MP Duma Inkosi SE Mbhele Inkosi PR Bele Inkosi SD Cele Inkosi JM Mqadi

OFFICIALS

Present L.O.A/ Absent / Apology On Council Business

Mr B.A. Xulu (Acting MM)

Page 2: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 2 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

Mrs L Shange (GM Community Services) Ms T Mhlongo (GM Financial Services) Mr R Ntombela (Acting GM P & D) Mr M Shange (Acting GMTS) Mr B Khumalo (Acting GM Corp) Mr BA Khanyile (M PP &C) Mrs N Harisingh (Manager – OMM) Ms N Mkhathini (Int. Audit Clerk) Ms Z Gcaba – Communication Officer

Mr S Mngadi (GM Technical Services) – suspended Mrs N Ncame (GM Corporate Services) - suspended

COMMITTEE OFFICER

Mrs C. Douglas Mrs N Sithole

INVITEES / PRESS / PUBLIC / PRESENTERS

Several members of the public & press

NOTE : The minutes are done as per the agenda and not necessarily in the order they were

discussed in the meeting.

C.1/Jul-18 OPENING AND NOTICE OF MEETING Due to the Speaker being on L.O.A., the Acting Municipal

Manager opened the meeting and welcomed all present.

The Acting Municipal Manager read the notice of meeting.

C.2/Jul-18 PRAYER

A moment of silence was observed.

C.3 /Jul-18 ATTENDANCE : APPLICATIONS FOR

LEAVE OF ABSENCE / APOLOGIES

The Acting MM advised that the Speaker, Cllr Mpanza-Mngadi had submitted an application for Leave of absence and therefore Council would need to elect an Acting

Speaker for this meeting. Cllr Mtambo proposed that Cllr Mngadi be elected as Chairperson, seconded by Cllr

Khwela. This proposal was not opposed and Cllr Mngadi took position of Acting Speaker for the duration of this

Council Meeting. The following applications for leave of absence were read

into record and accepted:-

Page 3: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 3 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

Past Meeting : Special Council : 17/7/2018 – all 7 D.A. Councillors applied for LOA for ½ hour due to a meeting with CoGTA which was prearranged and coincided with the

Special Council Meeting.

Council Meeting : 25 July 2018

o Cllr FM Ngwane

o Cllr MJ Cele o Cllr S Cele

o Cllr NP Mpanza o Cllr ST Khathi o Cllr SD Mdluli

o

C.4/Jul-18 DECLARATION OF INTEREST

Cllr Ally declared an interest in Item C.11.7 on the

agenda, (Rhino Cash & Carry)

Cllr Singh disclosed an interest in Item C.11.7 on the

agenda (Rhino Cash & Carry)

C.5/Jul-18 OFFICIAL ANNOUNCEMENT BY THE

SPEAKER

Nil.

C.6/Jul-18 CONFIRMATION OF AGENDA

The agenda was confirmed after the following amendments:-

Item C.11.7/Jul-18 (Rhino Cash & Carry) was moved to

“In-Committee”

Noted that a replacement annexure was tabled for the Organogram, Item C.11.4/Jul-18

Noted that a replacement report was tabled for the IDP, Item C.11.8/Jul-18

C.7/Jul-18 PRESENTATIONS

Page 4: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 4 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

Nil

C.8/Jul-18 REPORTS BACK Nil.

9.1/Jul-18 CONFIRMATION OF COUNCIL MINUTES

DATED 27 JUNE 2018 REC (1): 0:09 – 0:12:25

On the proposal of Councillor Cllr Thabethe seconded by Councillor Khwela, the Minutes of the Council Meeting held

on 27 June 2018 were confirmed.

9.2/Jul-18 CONFIRMATION OF MINUTES OF THE

COUNCIL MEETING HELD ON 29 JUNE

2018 REC 1: 0:12:31 -

On the proposal of Councillor Hlongwa seconded by Councillor Shange the Minutes of the Council Meeting held on 29 June 2018 were confirmed after the following

amendments:-

Page 1 – Removal of word “Reconvened”;

Page 3 – Add under last paragraph : “Cllr Baptie stated that the budget was not approved in May due to the voting outcome”.

Page 16 – to read “Resolved”, (not unanimously resolved).

Page 16, to read “ seconded by Cllr Bhoola”

Cllr Bhoola was of the view that the D.A had voted against the item C.11.5/Jun-18 Ghandinagar Transfers: EEDBS

Acting Speaker requested that the recording be checked.

NOTE : Recording was checked “VIQ Recording

Reference : 180629115807, (01:19:57 -) The

minute as recorded is correct. There were no Councillors who voted against and no Councillors abstained. Cllr Singh raised a point

of order which was not allowed. Cllr Singh places on record “I did not object, I asked a

Page 5: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 5 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

question of clarity”. Verbatim transcript available.

Cllr Bhoola requested that the record be checked and that all items he requested to be noted be added to the minutes.

(NOTE : A verbatim transcript of this item has

been done and has been retained with the original minutes. Copies can be made available

to any Cllr upon request).

9.3/Jul-18 CONFIRMATION OF MINUTES OF THE

SPECIAL COUNCIL MEETING HELD ON 6

JULY 2018 On the proposal of Councillor Khwela seconded by Councillor Dlamini the Minutes of the Special Council

Meeting held on 6 July 2018 were confirmed after the following amendments:-

Page 4 – add the following “ Cllr Baptie asked how many vacant and budgeted general workers positions are in

Technical and Community Services Department, the Speaker put the question to the Technical and Community Services Managers who could not provide an answer”.

Page 5 – “Resolved” to read “Unanimously Resolved”.

9.4/Jul-18 CONFIRMATION OF MINUTES OF THE

SPECIAL COUNCIL MEETING HELD ON 17

JULY 2018 On the proposal of Councillor Gambushe seconded by Councillor Hlengwa, the Minutes of the Special Council Meeting held on 17 July 2018 were confirmed.

9.5/Jul-18 CONFIRMATION OF MINUTES OF THE

SPECIAL COUNCIL MEETING HELD ON 19

JULY 2018

Page 6: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 6 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

On the proposal of Councillor Myende seconded by Councillor Khabela the Minutes of the Special Council Meeting held on 19 July 2018 were confirmed.

C.10/Jul-18 EXECUTIVE COMMITTEE MINUTES

DATED 19 JUNE 2018

There was no EXCO Meeting in July due to Council being on

recess.

C.11/Jul-18 MAIN AGENDA ITEMS – OUT

OF COMMITTEE

C.11.1/Jul-18 COUNCIL RESOLUTION REGISTER : OUT

OF COMMITTEE MATTERS

The purpose of the report was for Council to acknowledge the content of the Council Resolution Register emanating from minutes of the meeting held on 30 May 2018.

As part of Council’s oversight it is important to ensure that

relevant resolutions are implemented and actioned accordingly and timeously.

Discussions on this item are summarized as follows:-

C.11.1/Jun-18 Community Works Programme (List of Beneficiaries): Upon enquiry as to whether the list of beneficiaries

for each ward had been made available to all Councillors, Mr Ntombela advised

that Cllr Baptie had collected a copy of the list from the P & D Offices, however the list has still not been provided to all

Councillors. Acting GM P & D undertook to distribute the list

accordingly. ACTION : Act GM P & D Rec 1: (0:28:01)

C.11.1/Jun-18 Ethanol Gel : Cllr Khan stressed the

importance of all Councillors receiving the list an timeframes from Eskom in

Page 7: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 7 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

regards to which areas would be electrified. ACTION : ACT GMTS

Exc 10.2/Mar-18 Maintenance of Streetlights : The

GMTS, at the June meeting, had indicated that the repairs and

maintenance vote would cater for streetlight maintenance in the new FY. Cllr Khan stressed that a ward based

plan is required so that Councillors can be kept informed of when work will

take place in their areas. ACTION : ACT GMTS.

Cllr Bhoola indicated that there are

many challenges with regards to streetlights and that this needs to be

prioritized. ACTION : ACT GMTS C.11.21/May-18 Draft Municipal Turn-Around

Strategy (MTAS): Cllr Baptie requested that a copy or extract of the

MTAS be made available to himself in order that he can verify that it has been

amended to include the milestones of filling of critical posts.

ACTION : AMM

C.11.1/Jun-18 Travelling Claims: A query was

raised as to when the investigation would be concluded and brought before Council. The AMM advised that when

it was discovered that there were irregular claims it was decided to

review the policy so that it can be correctly implemented. He stressed that moving forward the Policy must be

correctly implemented. ACTION : AMM + GMFS

Cllr Bhoola indicated that it is not a

matter of “digging graves”, but rather

a matter of resolving irregularities and doing what is right. ACTION : ACT MM

Rec 1: (0:30:30)

Page 8: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 8 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

C.11.1/Jun-18 Umzinto Test Centre: Cllr Singh advised that she had received a copy of a letter dated April 2018, however she

queried what had been done since then and whether follow-ups had been done

in writing. GM COM responded that she had provided Cllr Singh with what had been requested (i.e the proof that a

letter was sent to DOT), however she confirmed that follow up’s had been

made to DOT via e-mail and that these could be made available to Cllr Singh if she so required. ACTION : GM COM

C.11.6/Jun-18 Appointment of External Advisor

for MPAA : Upon enquiry, Mr Ntombela confirmed that Mr Evans has accepted to be appointed as the Expert Technical

Advisor for the Municipal Tribunal Appeal Authority.

UNANIMOUSLY RESOLVED That Council receives and acknowledges the content of the

Council Resolution Register emanating from the Council

minutes dated 29 June 2018 for out of committee matters.

C.11.2/Jul-18 SCHEDULE OF TENDERS, QUOTATIONS

AND DEVIATIONS FOR JUNE 2018

The purpose of the report was to present Council with a

copy of the schedule of tenders, quotations and deviations for the month of June 2018. Discussions on this item are

summarized as follows:-

Supply & Delivery of Tracksuits : Upon enquiry by

Cllr Thabethe as to whether this was for the Mayoral Cup, the Manager PP& C advised that the previous

month’s submission had been for the Mayoral Cup and that this tender/quotation was for the Sports

Indaba. REC 1 (0:42:53)

Page 9: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 9 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

Cllr Baptie spoke to the issue of tenders and quotations and expressed the view that the expenditure points to fiscal dumping, he was also of

the view that the nature of the expenditure, i.e. all being under R200 000 is done to avoid SCM

processes. He also requested evidence that the items on the schedule were budgeted for. Cllr Baptie was of the view that MPAC should investigate these

matters.

Cllr Bhoola raised the issue of hire of equipment and requested that Ward 12 also benefits form the use of the machinery.

Cllr Singh raised the items under 7 – 10 which total

was in excess of R500 000 and those items 19 to 21 in the same amount. The awards are made to the same Company and for the hire of equipment and

she requested that it be noted that SCM legislation prohibits the splitting of purchase orders to

circumvent the tender process and that these items appear to be doing just that. She also queried

whether the supply and delivery of the truck (Item 15) was budgeted for. (Noted : GM COM confirmed that the truck was budgeted for).

There was discussion with regards to referring items

to MPAC. The Mayor and Acting Speaker stressed that certain of the items on the list such as those of hire of graders was done on the request of Council

in the interest of service delivery and as such there is no need for MPAC to investigate this. Cllr Bhoola

also advised that the hiring of the graders had emanated from discussions at I & H Committee and was necessary to address the backlogs, he stressed

that the graders are working in the areas where they are required and that not everything should be

deemed as corruption.

Cllr Singh responded to submissions and advised

that she was not questioning the graders, however Council’s decision regarding the graders was not

meant to circumvent the Policy and although services must be provided, the SCM procedures still

Page 10: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 10 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

need to be followed. She also stressed the importance of Councillors exercising their oversight role.

Cllr Baptie also raised the importance of HOD’s providing Councillors with reports on these items

which would then alleviate the need for Councillors to interrogate same at the Council meetings, and would have prevented the request to refer matters

to MPAC for investigation. He stressed the need for HOD’s to ensure that detailed, specific reports are

provided so that Councillors are kept informed and matters are transparent.

Following discussions, the report was noted.

UNANIMOUSLY RESOLVED That Council note the schedule of tenders, quotations and

deviations for the month of June 2018.

C.11.3/Jul-18 PLACEMENT POLICY

REC 2 : 0:01:03

The purpose of the report was to report to Council in respect of the Placement Policy which requires adoption. A copy was appended to the agenda. The AMM stressed the

importance of dealing with the Placement Policy and the organogram in particular to address the employees who

have been placed in a pool. Cllr Gambushe proposed the adoption of the Placement

Policy. Seconded by Cllr Thabethe.

Cllr Baptie proposed the following amendments to the Policy which amendments were seconded by Cllr Singh.

Add bullet under preamble “ That all post job descriptions be made available to staff prior to the

placement process”; Item 2.4 “Evaluation Posts” to read Evaluation of

posts; Under item 3.1.2 – delete the following words

“provided that the affected employees are

Page 11: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 11 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

willing to accept alternative options that are offered”.

Under 3.1.3 – Third line – change word “employees”

to post (sentence to read “ the new post must be compared with the existing job content of the

existing post); Under 3.1.4. – second line “most matched” to be

amended to read “Closest matched”; ALSO – delete

the words at end of sentence “ as an indicator as a final resort”.

Under 3.17 – “where more than one employee can be closed matched to be amended to read “ where more than one post can be close matched...”

Under 3.1.9 –include the word “new” before the word posts in first line.

Under 3.2.1 (b) – delete word “of” Under 3.4.1 – add words “as below” at end of

sentence.

Delete items 5.2 and item 5.3 as job descriptions must be determined up front and not at the end of

the process. Deletion of item 5.4 and 5.5 as these refer to grading.

Cllr Thabethe advised that he did not agree with the amendments and he had seconded the adoption without

these amendments.

The Acting Speaker advised that the Acting MM, as Accounting Officer had indicated that he is happy with the amendments as most of them were correcting language

more than changing content. He therefore suggested that the amendments be accepted.

This was not opposed and it was

UNANIMOUSLY RESOLVED

That Council adopts the Placement Policy with amendments as listed hereunder:-

Add bullet under preamble “ That all post job

descriptions be made available to staff prior to the

placement process”;

Page 12: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 12 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

Item 2.4 “Evaluation Posts” to read Evaluation of posts;

Under item 3.1.2 – delete the following words

“provided that the affected employees are willing to accept alternative options that are

offered”. Under 3.1.3 – Third line – change word “employees”

to post (sentence to read “ the new post must be

compared with the existing job content of the existing post);

Under 3.1.4. – second line “most matched” to be amended to read “Closest matched”; ALSO – delete the words at end of sentence “ as an indicator

as a final resort”. Under 3.17 – “where more than one employee can

be closed matched to be amended to read “ where more than one post can be close matched...”

Under 3.1.9 –include the word “new” before the

word posts in first line. Under 3.2.1 (b) – delete word “of”

Under 3.4.1 – add words “as below” at end of sentence.

Delete items 5.2 and item 5.3 as job descriptions must be determined up front and not at the end of the process. Deletion of item 5.4 and 5.5 as these

refer to grading.

ACTION : ACT MM

C.11.4/Jul-18 APPROVAL OF ORGANOGRAM REC 2 : 0:10:36 – REC 3 0:19:18

The purpose of the report was to present to Council the

final version of the reviewed organogram to Council. NOTED. An amended organogram was tabled at the

meeting which replaced that which was on the agenda.

The draft organogram has been workshopped with

Councillors and organized labour on several occasions and

the document is a consolidation of the feedback on deliberations which have taken place over various

workshops and meetings and is being presented to Council or adoption.

Page 13: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 13 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

AMM presented this item and advised that CoGTA has assisted in the process. He also advised that Umdoni Municipality is the only Municipality under the Ugu District

that has not reviewed the organogram. Once the organogram is adopted, the process of job evaluation can

commence and the organogram together with the IDP will be submitted to CoGTA. The AMM also advised that the Placement Committee will be established in terms of the

adopted policy and therefore the specifics will be dealt with by that Committee.

A summary of discussions on this item is as follows:-

The Acting Speaker thanked the Acting MM for progress he has made in regards to the

Organogram. DA requested a short caucus in view of the amended

document which was tabled at the meeting.

Cllr Thabethe suggested that the Organogram be dealt with page by page.

Cllr Khan – queried whether the amended document as tabled had been workshopped with labour. He

also queried what plan of action was in place to address the priority posts. The AMM confirmed that the amended document was as a result of

engagements with labour. Cllr Bhoola indicated that Councillors need to know

the changes that were made on the amended document.

A short caucus was held by the D.A. whereafter, Cllr Baptie advised as follows :

The DA are supportive of having an organogram in place and that there must be basic principles observed, however

the actual individual posts is a management issue, however the DA requested that their basic principles that should be

observed are as follows:, this was seconded by Cllr Singh.

(1) That Library Services is not a municipal mandate, there is a SLA

in place and the Municipality cannot afford to subsidize a non-

mandatory function with money that should be going to service

delivery. DA are of the view that the grant funding should be

ring-fenced and the service should be fully funded by the grant.

Page 14: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 14 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

(2) The D.A. are of the view that any vacant and unbudgeted posts

on the organogram are superfluous and should be removed.

(3) The situations where there are one on one reporting are deemed

to be superfluous and is deemed a duplication of function.

(4) That Service Delivery must be the priority and that all non service

delivery posts should be removed in preference of filling service

delivery needs.

The Acting MM then presented the following :-

That all unbudgeted posts are frozen;

AMM referred Council to Page 27 (Roads & Stormwater) where this is a core service delivery

department and currently no warm bodies in place. The new organogram now caters for staff and this is an indication that the organogram does cater for

service delivery needs.

Under Office of the MM, the post of Manager Internal Audit is now reflected as budgeted, where previously it was unbudgeted.

VIP protection has been moved from Municipal

Manager’s Office (Under Public Participation) to that of Community Services (under Protection Services), this is to deal with the issue of tools of trade.

The AMM raised a concern regarding security

services and stressed the need to build internal capacity rather than outsourcing this service. This

matter would need to be addressed in the future.

Post of Asset and Liability Manager has been

removed. These tasks will be dealt with under budget / treasury.

Under Planning & Development, the issue of 6

general workers was removed and combined with

the 26.

Page 15: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 15 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

EPWP reflects in both Technical Services and Community Services and EPWP will be addressed in terms of the Policy.

Cllr Myende proposed the adoption of the organogram, this

was seconded by Cllr Thabethe subject to the issue of “ghost employees” being investigated within the next two months.

Cllr Khan also stressed the need to verify work that is done

by each post. Cllr Bhoola raised the issue of staff morale, especially

taking the recent incorporation of Vulamehlo into account, he also noted progressive improvement in Technical

Services. He referred to Section 197 which allows for the restructuring process and queried if this legislation had been adhered to. Cllr Bhoola also requested that the AMM

take heed of when municipality was struggling and look at individuals in the pool especially those who delivered

services and worked diligently and added value when the municipality was institutionally incapacitated.

The Act Speaker advised that there are two proposals on the table, one by Cllr Myende, seconded by Cllr Thabethe

and the proposal by Cllr Baptie, seconded by Cllr Singh.

As there was division, the Speaker put the matter to the vote and called for a show of hands for those in favour of the proposal by Cllr Myende.

There were 23 Councillors in favour of the proposal of

Councillor Myende. Cllr Baptie advised that the D.A. are NOT voting against

the proposal, they are however abstaining on the basis of their concerns regarding affordability, viability and

efficiencies and advised that their principles that they put forward would have amended the organogram in line with the principles, they are of the view that the ogranogram is

bloated and can be trimmed down to make it more efficient.

Page 16: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 16 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

Cllr Baptie however indicated that the Organogram is essential and that they do not want to stand in the way of progress.

NOTED : 6 D.A. Councillors abstained from voting (Cllr

Mdluli was not present at the meeting);

RESOLVED That Council adopts the organogram as presented.

C.11.5/Jul-18 EXPANDED PUBLIC WORKS PROGRAMME

(EPWP) POLICY REC 3 – 0:21:12

The purpose of the report was to present the reviewed

EPWP Policy to Council for adoption.

Councillor Baptie pointed out various inaccuracies in the Policy where it is not applicable to Umdoni Municipality and requested that these errors be corrected.

The Mayor also requested that the Policy refer to “Minimum

Wage as determined by the budget” rather than indicating a figure .

UNANIMOUSLY RESOLVED

That Council adopts the reviewed Umdoni Municipality’s

Expanded Public Works Programme Policy subject to it being corrected to be specific to Umdoni Municipality and

subject to the Policy referring to “minimum wage as determined by the budget rather than indicating a “figure”.

C.11.6/Jul-18 SALGA : KZN PROVINCIAL MEMBERS

ASSEMBLY Rec 3 (0:25:33)

The purpose of the report was to seek Council approval on

the attendance at the forthcoming SALGA – KZN Provincial Members Assembly. A Notice from SALGA in this regard was appended to the report. The SALGA – KZN Provincial

Page 17: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 17 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

Members Assembly is scheduled to be held on 16 and 17 August 2018 in Port Edward. A delegation of up to 5 members which includes both Political and Administrative

structure is required to attend. Cost for travel, accommodation and registration would be approximately

R30 000 should the full delegation attend. Cllr Thabethe proposed adoption as proposed and also

proposed that the Mayor be the voting delegate. Seconded by Cllr Shange.

Cllr Baptie questioned the necessity of sending 5 delegates to the Assembly and suggested that 2 delegates be sent.

As there was division, the Acting Speaker put the matter

to the vote :- 19 Councillors were in favour of the proposal of Cllr

Thabethe;

4 Councillors (EFF and IFP) abstained from voting; 6 DA Councillors were against the recommendation.

RESOLVED

That Council approves that the following delegates attend the SALGA KZN – Provincial National Members Assembly

scheduled to be held in Port Edward on 16 and 17 August 2018:-

His Worship the Mayor (Voting delegate) Deputy Mayor

Speaker Municipal Manager

Chief Financial Officer

C.11.7/Jul-18 RHINO CASH AND CARRY (ERF 302 AND

303) UMZINTO

This item was moved to In-Committee. (NOTE : In-committee items were deferred to the

next meeting).

Page 18: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 18 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

C.11.8/Jul-18 FINAL INTEGRATED DEVELOPMENT PLAN

AS REVIEWED FOR 2018/19 FY REC 3 (0:29:01)

The purpose of the report was to present to Council the

final IDP document as reviewed for 2018/19 financial year. The document had been e-mailed to all Councillors. Noted

that a replacement report was tabled at the meeting.

In terms of Municipal Systems Act (Act No. 32 of 2000),

Section 25 (1) each municipal council must, within a prescribed period after the start of its elected term, adopt

a single, inclusive and strategic plan for the development of the municipality which-

a) Links, integrates and coordinates plans and takes into

account proposals for the development of the municipality;

b) Aligns the resources and capacity of the municipality with the

implementation of the plan;

c) Forms the policy framework and general provisions on which

annual budget must be based;

d) Complies with the provisions of the chapter;

e) Is compatible with national and provincial development plans

and planning requirements binding on the municipality in

terms of the legislation.

The report on the agenda also outlined the legislative requirements in terms of Section 32 and Section 34, as well

as the status of the IDP and establishment of PMS. In line with the legislation, it was being recommended that

Council notes the tabling of the adopted reviewed IDP for 2018/19 as per the Council Resolution of May 2018 (Item

C.11.22). The reviewed IDP for 2018/19 takes into cognizance the municipal budget and municipal performance management systems with intend of enabling

effective implementation of the municipal strategic priorities.

Discussions on this item are summarized as follows:-

Cllr Baptie referred to previous minutes (as

appended to the report) and stressed that Council

had been clear that all submission’s were to be incorporated into the IDP, he raised concern that the

Page 19: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 19 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

IDP that was e-mailed to Councillors does not include the submissions and he also highlighted numerous errors on the table of contents page.

Cllr Singh also indicated that her submissions were not included.

Cllr Thabethe also raised concern that certain projects were not included in the IDP, that Blue Flag Status is not mentioned and that the IDP is silent of

issues regarding Co-op’s and SMME’s as well as youth development.

Cllr Khwela raised concern that his submissions were not included and in particular the Amandawe Agricultural Project.

Cllr Khan raised concern that his input was not included.

The ANC called for a short caucus

On resumption, Cllr Brijraj proposed the adoption of the recommendation, seconded by Cllr Thabethe.

Cllr Bhoola acknowledged the capacity issues, however he

indicated that it is not fair that Councillors submissions are not included in the IDP and he also stressed the importance of alignment with budget, SDBIP and proper planning.

The Acting Speaker advised that those Councillors whose

input was not included are to forward same to Office of the Mayor so that the items could be included.

Cllr Baptie indicated that additional time was given to the Officials so as to ensure that the items were included and

he raised concern that this had not been addressed he also raised concern that the budget is still not aligned to the IDP and that this is a disadvantage to the Communities.

The Acting Speaker put the matter to the vote. Rec 3 (0:59:12)

19 Councillors supported the recommendation;

6 DA Councillors were against the proposal; 4 Councillors (IFP and EFF) abstained from voting.

RESOLVED

Page 20: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 20 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

That Council note the adopted IDP for 2018/2019 which was noted as per the Council Resolution C.11.16/April-18 and adopted as per the Council resolution C.11.22/May-18

and which was attached to the agenda.

C.11.9/Jul-18 FINAL SERVICE DELIVERY & BUDGET

IMPLEMENTATION PLAN : 2018/219 FY REC 4 – 0:00:12

The purpose of the report was for the Council to notet the Final Service Delivery and Budget Implementation Plan

(SDBIP) for 2018/2019 Financial Year, a copy of which was appended to the agenda.

As per section 53 of Municipal Finance Management Act (Act No. 56) of 2003 the mayor of the municipality must

ensure that the municipality’s Service Delivery and Budget Implementation Plan (SDBIP) is adopted 28 days after the

adoption of an annual budget. The final IDP and Budget for 2018/2019 financial year has been adopted by Council on the 30 May 2018 at Scottburgh Town Hall following which

the municipality started the processes of preparing the Service Delivery and Budget Implementation Plan for

2018/2019 financial year.

A well-documented SDBIP with clear and smart targets

that are aligned to the IDP will guide the municipality in delivering services to the people, improving Performance

Management System and uphold the principles of clean governance.

Cllr Singh indicated that the budget was not adopted and as such the SDBIP cannot be adopted.

The Mayor brought to the attention of Council that the SDBIP is submitted to Council for noting and not for

adoption.

UNANIMOUSLY RESOLVED

That Council notes the Service Delivery and Budget

Implementation Plan (SDBIP) for 2018/2019 Financial Year

Page 21: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 21 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

C.11.10/Jul-18 UNAUTHORISED, IRREGULAR, FRUITLESS

AND WASTEFUL EXPENDITURE REC 4: 0:04:13

A report detailing various items of unauthorized, irregular, fruitless and wasteful expenditure was contained on the

agenda.

The following is a summary of comments put forward on

this item :-

Cllr Khwela stressed that an investigation into certain of the items is required.

Cllr Thabethe requested an ANC caucus on this item;

Cllr Khan indicated that a write off of R154 Million could not be accepted, he also indicated that there is

a serious problem with planning and that each case would need to be investigated.

The Mayor advised that certain of the Vulamehlo

projects that appear as “irregular” were done in terms of procedures, however the issue now relates

to missing documentation which was left at the Vulamehlo offices, and hence the advice from CoGTA and Treasury to write off as no-one can be

prosecuted. The Mayor also cautioned that hiring someone to investigate these matters could be very

expensive. Cllr Bhoola indicated that advice would need to be

obtained in terms of powers to condone and he also advised that legislation through the various structures would need to be obtained to see if the

monies could be re-couped through civil suits. He stressed that it must be ascertained whether Umdoni

is covered by legislation prior to any write-off. Cllr Baptie indicated that the one report for June 2016

refers to Umdoni, however there is no date and no

signature on the report. He also advised that the Municipality cannot write-off what has already been

spent. He also raised concern that no proper report with legislated guidelines had been presented.

Given the number of concerns raised, the Acting Speaker ruled that this item be deferred and that further advice be

received from CoGTA so that Council can take an informed decision at the next Council meeting.

Page 22: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 22 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

ACTION : AMM + CFO

Cllr Singh raised a point of order indicating that the Acting

Speaker had initially recognized her, but had not allowed her to speak. The Acting Speaker advised that he had not

recognized her. Acting Speaker and Cllr Singh requested that the recording be checked.

(NOTE : The record reflects at Rec 4 :

0:05:58.9 that the Acting Speaker recognizes

the following hands : “Cllr Dlamini, Cllr

Khwela, Cllr Thabethe, Cllr Khan, Cllr Baptie,

Cllr Singh and Cllr Bhoola)”.

ITEM DEFERRED

At this stage, the Speaker moved into Committee, however there was a delegation present who refused to leave the meeting venue. The Speaker then moved Out of Committee and advised that the In-Committee matters be deferred to the next meeting. The Speaker then closed the meeting.

NOTE : The In-Committee items were not dealt with and the Speaker requested that they be dealt with at the next Council Meeting

C.13/Jul-18 DATE OF NEXT MEETING

29 August 2018

C.14/Jul-18 CLOSURE

There being no further business to discuss, The Speaker

closed the meeting at 13:10

CONFIRMED THIS ____ DAY OF _______2018

CLLR NP MPANZA-MNGADI

SPEAKER

Page 23: MINUTES : COUNCIL MEETING 25 JULY 2018 Page 1 of 23 · 2019. 11. 1. · Councillor Dlamini the Minutes of the Special Council Meeting held on 6 July 2018 were confirmed after the

MINUTES : COUNCIL MEETING

25 JULY 2018

Page 23 of 23

Minutes :Council Meeting 25 July 2018 Minutes completed on :27 July 2018 Recording Reference : Portable

Minutes checked by the Speaker Cllr Mpanza-Mngadi___________________