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- 2870 -

No. 64 MINUTES

OF

eThekwini Council

Minutes of proceedings of the Meeting of the eThekwini Council held

at the City Hall Main Auditorium, Church Walk, Durban

on Wednesday, 2016-02-24T10:00

PRESENT : Councillors L Naidoo (Speaker), JS Nxumalo (Mayor), NF Shabalala

(Deputy Mayor), M Abraham, MF Adam, C Arunajallam, SV Asbury,

ME Bayeni, A Beetge, MN Bhengu, MR Bhengu, WJM Burne, SS Butelezi,

I Cassimjee, Hlengiwe Cele, JN Cele, MS Cele, NT Cele, BA Chili, AM Coen,

TP Collins, RJ Crouch, P Davis, HU De Boer, MAK Dladla, AN Dlamini,

B Dlamini, CB Dlamini, JM Dlamini, BS Dludla, HE Dube, DL Du Bois,

BA Fortein, DC Gaillard, D Ganesh, VE Gebashe, HD Goge, R Gokool,

G Govender, S Govender, NL Graham, BT Gumede, MP Gumede,

NC Gumede, SN Gumede, TJ Gumede, VC Gumede, PP Hlengwa,

BA Hlongwa, DG Hoorzuk, S Hoosen, NB Iyir, M Johnson, SA Kaunda,

NG Khawula, S Khuzwayo, VT Kunju, CB Langa, NP Langa, RJ Lefevre,

SH Lubhede, P Luthuli, MT Mabaso, NT Mabaso, DD Mabizela,

RD Macpherson, Z Madlala, T Magubane, MQ Magwaza,

NJ Makhanya-Sibiya, WL Mapena, HG Maphumulo, JL Mbongwa,

SM Mchunu, SW Mcoyi, LP Mdlalose, LM Meyer, P Mfeka, DM Mhlanzi,

SE Mhlongo, LM Mhlongo-Ntaka, AR Mitchell, MM Mkhize, MP Mkhize,

NI Mkhize, S Mkhize, ZM Mncwango, BR Mngadi, NE Mnguni,

LN Mngwengwe, MC Mnyandu, SR Moodley, S Morar, FT Moyo,

BE Mpungose, NE Msani, SNL Mshengu, AG Mthembu, MK Mthembu,

NE Mthembu, ON Mthembu, TM Mthethwa, ZP Mthethwa, BR Mtshali,

TS Mtshali, N Munien, AB Mvubu, RM Mzobe, Jane Naidoo, P Naidoo,

S Naidoo, SR Naidoo, TJ Ncane, S Ndlovu, MK Ndzimbomvu, ZS Ndzoyiya,

VS Necobo, GS Ngcobo, OB Ngcobo, SP Ngcobo, DL Ngema, S Ngema,

MM Ngiba, BA Ngwane, LA Ngwazi, SJM Nhlapho, MS Nkosi, NC Nofeketa,

M Nojiyeza, GM Noyce, B Ntshangase, MM Ntshangase, NN Nyanisa,

MS Nyawose, TT Nzuza, P Padayachee, F Peer, RZ Phewa, BP Phungula,

JJ Pienaar, D Pillay, DR Pillay, KR Pillay, KB Pillay, Krishna Pillay, P Pillay,

GDA Pullan, VOO Qulo, S Ryley, AN Shabalala, MT Shelembe, PN Shembe,

DM Shozi, ME Sibiya, NP Sibiya, PM Sibiya, B Singh, D Singh, EL Singh,

J Singh, PS Sishange, AD Snyman, ZR Sokhabase, JB Sosibo, BA Sutcliffe,

WM Thring, JC Van den Berg, SZ Xulu, NY Young, SW Zenzile, BO Zondo,

MZ Zulu, TM Zuma, MS Zungu, P Zungu, MS Zwane and there being 1 (one)

vacancy.

ABSENT : Councillors S Bhanprakash (on leave) (Municipal Business), HP Biyela

(on leave) (Indisposed), NB Chamane (on leave) (Municipal Business),

M Dasarath (on leave) (Indisposed), NR Dlamini (on leave) (Indisposed),

S Dlamini (on leave) (Indisposed), D Govender (on leave) (Indisposed),

ZRT Gumede (on leave) (Indisposed), BM Gwala (on leave), S Hansraj

(on leave) (Indisposed), S Kalicharan (on leave) (Indisposed), LB Khuzwayo

(on leave) (Municipal Business), SKB Kikine (On leave) (Indisposed),

- 2871 - eThekwini Municipality

(Council Minutes - 2016-02-24)

V Lutyeku, BA Mkhize (on leave) (Indisposed), DF Mncwabe, M Mngadi

(on leave) (Indisposed), BA Mthembu (on leave), J Naidoo (On leave)

(Overseas), NB Ndlela (on leave) (Indisposed), HM Ndlovu, LN Ndlovu,

MC Ngcobo, TT Ngubane (on leave), ZV Nzama, BD Prinsloo (on leave)

(Indisposed), S Shange (on leave) (Indisposed) and MB Xhakaza (on leave)

(Municipal Business).

AMAKHOSI

PRESENT : Inkosi VR Cele, Inkosi TF Gwala, Inkosi DZ Mkhize, Inkosi S Mlaba,

Inkosi RF Mthembu, Inkosi EB Shozi and Induna MJ Ngcobo.

AMAKHOSI

ABSENT : Inkosi BF Bhengu (on leave), Inkosi NM Hlengwa, Inkosi PP Luthuli

(on leave), Inkosi KS Makhanya, Inkosi TBE Mkhize, Inkosi MB Ngcobo and

Inkosi ZA Ngcobo

OFFICIALS

PRESENT : Messrs/Mesdames S Sithole (City Manager), N Moerane (Head : Legal

Services and Compliance), BM Mhlongo (Deputy Head: Office of the

Speaker), T Ndlovu (Manager: Council Committees), KR Ramsunder (Chief

Committee Officer) and K Dweba (Principal Committee Officer).

(At the commencement of the meeting 165 Councillors were present, comprising ANC – 106,

DA - 41, MF - 4, NFP - 6, IFP - 5, ACDP - 1, TA - 0, COPE - 1, APC - 0 and INDEPENDENT - 1).

_________________

1. NOTICE CONVENING THE MEETING

The City Manager read the Notice convening the meeting as per the statutory

requirement.

2. OPENING

The Speaker declared the meeting open and thereafter extended a warm welcome to

the Mayor, Deputy Mayor, Chief Whip; Members of the Executive Committee;

Honourable Councillors; Amakhosi present, City Manager; Head: Legal Services and

Compliance, Media; Distinguished Guests and Members of the Administration.

He advised that there would be an amendment to the Order of Procedure for this

meeting as a consequence of the “swearing in” of two Amakhosi who had not been

sworn in previously.

3. NATIONAL ANTHEM

At the request of the Speaker the meeting stood to sing the National Anthem of the

African Union and the National Anthem of South Africa.



4. OPPORTUNITY FOR PRAYER/MEDITATION

The Speaker requested the Council to pray for peace and tolerance and remember

those who had passed on. He also requested the Council to pray for a speedy

recovery for Television “Generations” actor, Rapulana Seiphemo, who had been

seriously injured in a motor vehicle accident.

5. OFFICIAL ANNOUNCEMENTS

The Speaker advised that he would deal with items 5 and 6 of the Order of

Procedure, relative to official announcements and his report, concurrently and

emphasized that the Rules of Order would be applied stringently in order to avoid

any disruptions. He then reminded Councillors to sign the Attendance Register which

was being circulated, advising that failure to do so would result in them being

reflected in the Minutes as having been absent from the meeting. Councillors were

requested to notify the Officials on duty if they wanted to leave the meeting for any

reason. However, Councillors were also advised that in terms of the Rules,

no Councillor should be allowed to leave or enter the meeting when voting was in

progress.

He congratulated all Councillors who were celebrating their birthdays in the month

of February.

In view of translation purposes, Councillors were requested to talk slowly and clearly

during the proceedings.

Councillors were requested to switch off their microphones after speaking as the

sound system would mal-function if microphones were left on. Councillors were

reminded and encouraged to wear their name badges when attending Council

meetings and to dress appropriately to uphold the dignity of the Council.

In view of disruptions being experienced during the proceedings as a result of cell

phones, Councillors were requested to switch them off or activate silent mode once

the meeting commenced.

Councillors who had not received their personalized Desk Calendars at the previous

Council meeting were requested to collect same from the Office of the Speaker.

The Speaker advised of COGTA’s invitation to those male Councillors who had

attended a Local Government Certificate Programme at Burman Bush Conference

Centre, to its Graduation Ceremony on Friday, 2016-02-26 at 16:00 with

registrations taking place prior to 16:00.

He thereafter reported that 12 Councillor Report Back meetings had been held in

February in Wards 57, 38, 13, 58, 16, 56, 101, 62 and 15. Councillor BR Mtshali, a

PR Councillor also had a meeting in her Ward. Issues discussed at those meetings

centered around, inter-alia, voter registrations, electricity, water and sanitation,

masakhane issues, housing and service delivery. He encouraged all Councillors to

engage in report back meetings and submit reports thereon to his Office.



The Speaker indicated that 23 Ward Committee meetings took place in the month of

February. He stressed the need for all Ward Councillors to hold monthly Ward

Committee meetings and submit reports/minutes to his Office as such matter was

being monitored by COGTA and was a requirement. Further, he made the point that

those Members who had not attended meetings or who had not submitted their

apologies/applications for leave of absence, would not receive their stipends.

The Speaker advised that SALGA, in partnership with Old Mutual, would host a two

day training for all Councillors in the Province on personal financial management.

The aim of the program was to provide Councillors with the following skills:

- Better personal financial management.

- Track personal spending and living within one’s means.

- Personal budgeting.

- Saving, investments and wealth creation.

- Tax planning, retirement planning and asset management.

It was indicated that the training would be held on 25th and 26th April 2016 at a venue

to be confirmed. Councillors interested in attending were requested to inform the

Speaker’s Office by not later than 2016-03-10, as this information was required by

SALGA.

In concluding his report the Speaker briefly touched on the “18th Mercer Quality of

Life” survey in which Durban emerged 85th out of 230 Cities. Cape Town emerged

92nd whilst Johannesburg was ranked at 95th. Port Louis in Mauritius was ranked at

83rd. It was noted that Durban was ahead of Rio, Istanbul and Mumbai and the top

five Cities were Vienna, Zurich, Auckland, Munich and Vancouver.

6. APPLICATIONS FOR LEAVE OF ABSENCE

RESOLVED:

That the following Councillors and Amakhosi be granted leave of absence as

indicated below:-

COUNCILLORS

Councillor MF Adam : Request to leave at 10:30 (Personal Commitments)

Councillor S Bhanprakash : 2016-02-24 (Municipal Business)

Councillor MR Bhengu : 2016-02-24 (Municipal Business)

Councillor NB Chamane : 2016-02-24 (Municipal Business)

Councillor M Dasarath : 2016-02-11 to 24 (Indisposed)

Councillor NR Dlamini : 2016-02-24 (Indisposed)

Councillor S Dlamini : 2016-02-24 to 26 (Indisposed)

Councillor D Govender : 2016-02-24 (Indisposed)

Councillor ZRT Gumede : 2016-02-24 (Indisposed)

Councillor BM Gwala : 2016-02-24 to 26 (Personal Commitments)

Councillor S Hansraj : 2016-02-11 to 29 (Indisposed)

Councillor S Kalicharan : 2016-02-24 (Indisposed)

Councillor S Khuzwayo : 2016-02-23 to 24 (Municipal Business)

Councillor S Kikine : 2016-02-24 (Indisposed)

Councillor AR Mitchell : 2016-02-29 to 03-09 (Personal Commitments)

Councillor BA Mkhize : 2016-02-23 to 24 (Indisposed)



Councillor B Mthembu : 2016-02-24 (Personal Commitments)

Councillor J Naidoo : 2016-02-24 (Overseas Trip)

Councillor N Ndlela : 2016-02-24 (Indisposed)

Councillor BD Prinsloo : 2016-02-16 to 03-28 (Indisposed)

Councillor S Shange : 2016-02-24 (Indisposed)

Councillor D Singh : Request to leave at 13:00 (Personal Commitments)

AMAKHOSI

Inkosi BF Bhengu : 2016-02-24 (Provincial House Business)

Inkosi PP Luthuli : 2016-02-24 (Provincial House Business)

7. CONFIRMATION OF MINUTES: Meeting held on 2016-01-28

RESOLVED:

That the Minutes of the meeting of the Council held on 2016-01-28, as circulated,

and taken as read, be and they are hereby confirmed.

_________________

(At this stage of the proceedings the Chief Magistrate conducted the “Swearing

In” Ceremony of Inkosi DZ Mkhize and Inkosi RF Mthembu)

_____________

8. QUESTIONS IN TERMS OF SECTION 27 OF THE RULES OF ORDER

The following Questions in terms of Section 27 of the Rules of Order were

submitted:-

9.1 Questions submitted by Councillor R Gokool: RDP Developments throughout the

eThekwini Municipality where Beneficiaries has not received their Title Deeds

(22/4):

There are RDP developments throughout the eThekwini Municipality where

beneficiaries have not received their title deeds. With each passing year the

circumstance of a beneficiary can change. Against this background I pose the

following questions:-

1. What is the Housing Department’s backlog with regards to the transfer of

title deeds?

2. What is the reason for this backlog?

3. What is the Housing Department’s plan to eradicate this backlog?

4. What is the Housing Department’s plan to deal with beneficiaries who

have unlawfully sold or rented their RDP house without being in

possession of their title deed?

5. What is the Housing Department’s plan to deal with cases where the

original beneficiaries cannot be traced?



Councillor DG Hoorzuk provided the following respective responses:-

1. Pre 1994 (Ex-Own Affairs and R293) – 11307

Post 1994 (New Housing Development) – 11575

Total backlog – 22882.

2. Outstanding Township issues like:

2.1 Township Register

2.2 Council is unable to attend to transfers in some of the Townships as land is

vested in the name of the Republic of South Africa (RSA)

2.3 Former R293 Townships are affected by double registration of the mother title

deeds. Land is vested in the name of Ingonyama Trust and some land is

registered in the name of private owners. A report has been submitted to the

Human Settlements and Infrastructure Committee in this regard.

3. Housing is engaging the professional service providers to expedite outstanding

Town Planning issues.

As the eThekwini Municipality is not authorised to sign transfer documents on

behalf of the Seller, the Human Settlements Unit of the Municipality has

engaged the Provincial Human Settlements Department who are now preparing

delegations to authorize the Provincial Head of Human Settlements to sign

transfer documents on behalf of the Seller.

A request for funding has been submitted for the Provincial Human Settlements

Department to attend to double registration, amendment of general plans and

withdrawal or cancellation of existing registered titles through the High Court

Order.

4. The Human Settlements Unit is in the process of verifying and regularizing

qualifying beneficiaries in occupation of houses as per Council resolution.

5. The missing beneficiary’s subsidy will be cancelled and the person in

occupation of the dwelling will be regularized if he/she meets the subsidy

qualifying criteria.

9.2 Questions submitted by Councillor B Singh: Unsuccessfully Tried to Reduce the

High Water Loss (23/1/9):

The City has for many years unsuccessfully tried to reduce the high water loss.

The recent AG’s report indicated an increase from last year of R669 million of water

loss. The figure includes a combination of water loss, water theft due to illegal

connections and water repairs to burst water pipes. As this matter is of concern,

especially due to the fact that we are experiencing major drought issues throughout

the country, it is on this background I pose the following questions:-

1. How many litres of water is being lost per day through burst water pipes?

2. How many litres of water is being lost due to illegal connections?



3. How many illegal connections is the city aware of?

4. How many illegal connections have been rectified?

5. When will the city’s detail reduction of water loss plan be before the

relevant committees?

Councillor Zungu provided the following respective responses:-

1. It is estimated that eThekwini Municipality loses approximately 280 000kl/day

through leaking/bursting pipes in the water distribution system.

2. It is estimated that 52 800kl/day are being consumed through illegal

connections within eThekwini Municipality

3. The Water and Sanitation Unit is aware of the following:-

3.1 It was previously estimated that approximately 32 000 houses built by Metro

Housing have water but not a water meter. In many cases the water main has

not been laid but the houses are fed from “ryder” mains (temporary

reticulation). In a number of cases, the cadastral has not been registered and

therefore an address cannot be obtained to open an account on the Billing

system; and

3.2 Illegal connections reported to the Water and Sanitation Unit’s call centre

totals 10602 (2015/2016 Q2 statistics) connections which the Unit manages

and monitors on illegal connection follow-up (ICF) Clipboard.

3.3 19 000 Properties have had their connections removed due to tampering of

restrictors and flow limiters as per credit control policy/process due to payment

defaulters. 9071 Households were re-visited and found 2504 illegal

connections which were removed and a further 8538 properties were visited on

account of whistle blowers, reports, etc.

Total Properties visited in 2015: 17609

Illegals removed : 4410

Percentage of Illegal Activity : 25%

4. From January 2012 to December 2015 R8 884 900-68 accounts arrear

settlements received from 682 consumers charged. Of the 682, 266 applied for

new connections and 200 were charged and fined. A total of R128 050-00 was

collected. 3526 Property connections had been regularized through law

enforcement and water amnesty.

Initiatives identifying illegal connections:

a. Checking all properties that have electricity connections without a water

connection;

b. Checking all properties that are on GIS and not on the billing system, and

c. Checking all properties where the consumption is zero.



5. The Water and Sanitation Unit regularly communicates with Council regarding

the plans and progress with regard to tracking Non-Revenue Water. Some of

the correspondence are:

a. Report on the 5 year Strategic Management Plan for the Reduction of

Non-Revenue Water (2014/15 – 2018/19) – WS 2014/212 (Drafted

2014/11/17).

b. Non-Revenue Water Reduction 2.0: The Business Plan For 2015/16 –

WS 2015/046 (Drafted 2015/03/23).

c. Report on Non-Revenue Water Reduction Interventions as at 30 June

2015: Q4 2014/15 FY – WS 2015/124 (Drafted 2015/07/21)

CONCLUSIONS

The Water and Sanitation Unit has to deal with some major challenges that

contribute to the increase in Non-Revenue Water (NRW) such as reducing sales (due

to the drought), vandalism, tampering, theft, deteriorating infrastructure and abuse of

pro poor policies. In addition, there have been a number of unforeseen delays with

the installation of the new capital works designed to decrease NRW.

On the positive side, the Water and Sanitation Unit has managed to maintain a 24

hour water supply to majority of its supply area and decrease bulk purchases from

the Water Service Provider in the midst of the drought.

__________

Prior to tabling the First Report of the Executive Committee, the Mayor

expressed his appreciation to all Councillors for participating

He then presented the First Report of the Executive Committee.

FIRST REPORT OF THE EXECUTIVE COMMITTEE (Meeting held on Tuesday, 2016-02-09)

PRESENT : Executive Committee Members JS Nxumalo (Mayor and Chairperson),

NF Shabalala (Deputy Mayor), JN Cele, HU De Boer, SN Gumede,

ZRT Gumede, ZM Mncwango, BR Mtshali, MS Nkosi and F Peer.

_____________

1. REPORT OF THE COMMUNITY AND EMERGENCY SERVICES COMMITTEE

MEETING HELD ON 2016-02-04

(Page R1)

1.1 Major Hazard Installation: Pearl Star 90CC, 60 - 62 Estuary Drive, Riverview,

Verulam (30/2/5/1):

(Page 11 : Community and Emergency Services Committee - Agenda 2016-02-04)

The Committee noted that the risk assessment, on behalf of Pearl Star 90cc, 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 and 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 and the continued operation

of the company in accordance with the provisions of the assessment.

COMMITTEE RECOMMENDS:

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 continued

operation of Pearl Star 90cc, situated at 60 - 62 Estuary Drive, Riverview, Verulam

as it is in accordance with the Major Hazard Regulations, the intention to install two

nine cubic metres gas tanks to replace the two existing 4.5 cubic metre Liquefied

Petroleum gas (Butane) tanks thereat, be approved.

ADOPTED

1.2 Major Hazard Installation: PFE Extrusion, 11 Buckman Boulevard, Hammarsdale

(30/2/5/1):


The Committee noted that the risk assessment, on behalf of PFE Extrusion, had been





no reason being offered to advise against its acceptance and the erection of the Major

Hazard Installation in accordance with the provisions of the assessment.



Technical Task Team that there is no valid reason to advise against the erection of

the Major Hazard Installation by PFE Extrusion, situated at 11 Buckman Boulevard,

Hammarsdale, as it is in accordance with the Major Hazard Regulations, the proposal

to install 1 x 22.5m3 Liquefied Petroleum Gas vessel which will supply gas as fuel

for the burners in the extrusion plant, be approved.

ADOPTED

1.3 Major Hazard Installation : Engen (Pty) Ltd, Lot 111 Trinidad Road, Island View,

Durban, eThekwini Municipality, KwaZulu-Natal (30/2/5/1):


The Committee noted that the risk assessment, on behalf of Engen (Pty) Ltd, 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 and 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 and the proposed

operation of the company in accordance with the provisions of the assessment.



Technical Task Team that there is no valid reason to advise against the proposed

operation of Engen (Pty) Ltd, situated at Lot 111 Trinidad Road, Island View, as it is



in accordance with the Major Hazard Regulations, a proposal to erect two new

21 300m3 vertical aluminium roofed low sulphur diesel storage tanks thereat,

be approved.

ADOPTED.

1.4 Major Hazard Installation: Dow Agro Science, Canelands Facility, Verulam

(30/2/5/1):


The Committee noted that the risk assessment, on behalf of Dow Agro Science, 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 and 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 and the continued

operation of the company in accordance with the provisions of the assessment.




operation of Dow Agro Science, situated at Old Mill Road, Canelands, Verulam as it

is in accordance with the Major Hazard Regulations, it is accordingly approved.

ADOPTED.

1.5 Major Hazard Installation: NCS Resins, 337 Refinery Road, Isipingo, Durban,

KwaZulu-Natal (30/2/5/1)


The Committee noted that the risk assessment, on behalf of NCS Resins, had been





no reason being offered to advise against its acceptance and the continued operation

of the company in accordance with the provisions of the assessment.




operation of NCS Resins, situated at 337 Refinery Road, Isipingo, Durban, as it is in

accordance with the Major Hazard Regulations, a proposal to install a Natural

(Methane) Gas Pipeline which is operated by Spring Light Gas Supplier to replace

heavy oil as a heat source, be approved.

ADOPTED.

1.6 Authority to Provide Possible Sites for New Statues to be Erected Within eThekwini

Municipality - Request from the KZN Office of the Premier (21/8/R):


The Community and Emergency Services Committee considered a report a report by

the City Manager dated 2015-10-20, the purpose of which was to seek authority to



provide possible locations or sites to erect new statues as per the request from the

KZN Office of the Premier and to be the custodians of such statues, through the

Libraries and Heritage Department, in future.


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 MahatmaGandhi

MuseumPrecinct

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. This would serve as

attractions and exhibits for future

purposes as this house is currently

being converted into a Museum by

the City.

Mxenge House (Umlazi)

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.

1.7 Authority for the Department of Arts and Culture in KwaZulu-Natal to Erect Two

Provincial Heritage Plaques at Umlazi for Griffiths and Victoria Mxenge (21/11/R):


The Community and Emergency Services Committee, having concurred with the

report by the City Manager dated 2015-11-24 to seek authority for the Provincial

Department of Arts and Culture to erect two special commemorative provincial

heritage plaques at Umlazi Township for Griffiths and Victoria Mxenge as part of the

Provincial Heritage Project,




1.7.1 That project authority be granted for an appropriate location at the site “Mxenge

House Erf 190 V Section Umlazi” to be used for the installation of a Heritage Plaque

honoring Victoria Nonyamezelo Mxenge.

1.7.2 That project authority be granted for an appropriate location at the site “Umlazi

Cyclist Stadium eMhlabeni” to be used for the installation of a Heritage Plaque

honoring Griffiths Mlungisi Mxenge.

1.7.3 That subject to the approval of .1 and .2 above, such installations be incorporated

into and in line with the Council - approved Durban Liberation Heritage Route.

1.7.4 That subject to .1 above, the City Manager be granted authority to sign a

Memorandum of Understanding (MOU) with the KwaZulu-Natal Provincial

Department of Arts and Culture in order to address custodianship of such plaques.

ADOPTED.

1.8 Tariffs 2016/2017 : Durban Metropolitan Police (7/6/1/3):



1.8.1 That all ‘Present Tariffs’, as reflected in Annexure A (Tariffs 2016/2017), attached to

the report by the City Manager dated 2015-11-12, as imposed by the Municipality be

hereby rescinded with effect from 2016-06-30.

1.8.2 That subject to the adoption of .1 above, the ‘Proposed Tariffs including Value

Added Tax (VAT)’ as set out in Annexure A (Tariffs 2016/2017), attached to the

report by the City Manager dated 2015-11-12, be adopted with effect from

2016-07-01.

1.8.3 That the City Manager be required;

1.8.3.1 To display a copy of this resolution and the said Tariff of Charges conspicuously:-

1.8.3.1.1 On the City Hall Notice Board, and

1.8.3.1.2 At such other places within the Municipality as the City Manager may determine;

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

ETHEKWINI MUNICIPALITY

Notice is hereby given that:-

(a) A resolution of the kind contemplated in Section 75A (2) of the Local

Government: Municipal Systems Act 2000 (Act 32 of 2000) was passed by

the Municipal Council on………………………….

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

inspection at:-



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

(ii) ……………………………etc.

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

1.8.3.4 To seek to convey the information referred to in the said notice to the public on East

Cost and Ukhozi Radio Station, and

1.8.3.5 To send a copy of the notice to the KZN Member of the Executive Council (MEC)

responsible for Co-operative Governance & Traditional Affairs.

As some Members were not in support of the above recommendations on the

basis that the Metropolitan Police reported directly to the City Manager with no

substantial reports on issues being submitted to the relevant Support

Committee for consideration, the matter was put to the vote.

With 165 Councillors present, 124 Councillors (ANC – 105, MF – 4, NFP – 7,

IFP – 5, ACDP – 1, COPE – 1 and IND - 1) voted in favour and 41 Democratic

Alliance Councillors voted against. There were no abstentions recorded.

The above recommendations of the Executive Committee were, by the majority

vote, ADOPTED.

1.9 Proposed Decommissioning of Meteorological Station Situated at Pier 2, Off

Langeberg Road, Durban Harbour (30/2/4/2/3):

(Page 61 : Community and Emergency Services Committee - Supplementary

Agenda 2016-02-04)

The Community and Emergency Services Committee noted that the Meteorological

Station had been discontinued due to the following reasons:-

● Development by Transnet around the site resulted in the station no longer

being representative of the area;

● Transnet commenced their own air quality monitoring within Durban

Harbour

● The Meteorological station in the Harbour was 20m high whilst eThekwini

Municipality was required to monitor at 10m high


1.9.1 That in view of the of the fact that the harbour Meteorological Mast is no longer

serving any useful purpose and the site is being leased from the National Ports

Authority (rental costs), authority be granted for:-

1.9.1.1 The disposal of the asset in terms of Section 90 (2)(a)(b), (3) & (4) of the Municipal

Finance Management Act (MFMA), it being recorded that the disposal shall be

through the Councils disposal yard.



1.9.1.2 The Real Estate Unit be requested to terminate the lease entered into between the

eThekwini Municipality and Transnet.

ADOPTED.

1.10 Authority and Approval of Events Fund for Moses Mabhida Stadium (31/2/1/5/2):

(Page 74 : Community and Emergency Services Committee - Supplementary

Agenda 2016-02-04)

The Community and Emergency Services Committee noted that the purpose of the

above-mentioned report of the City Manager dated 2015-11-02 was to seek approval

for the allocation of Events Funds to Moses Mabhida Stadium to secure various

events for the 2015/2016 financial year.


1.10.1 That an Event Fund of R5 000 000.00 (Five Million Rand Only) for the 2015/16

financial year to Moses Mabhida Stadium Management to pursue quality events for

the stadium, be approved.

1.10.2 That subject to the approval of .1 above, the Chief Financial Officer identifies

savings from the mid-term budget adjustment process.

1.10.3 That the General Manager be granted authority to approve the events that requires

support and report the same to the City Manager.

1.10.4 That regular updates be provided to advise the Committee on progress made on

events secured and hosted at the stadium through the events fund.

Financial Implications:

Vote No.: 9501.073974 ; R5 000 000.00 (Provided 2015/16 Financial Year)

FC No.: 31/01

As some Councillors were not in support of the above recommendations of the

Executive Committee the matter was put to the vote. With 164 Councillors

present, 123 Councillors (ANC – 105, MF – 3, NFP – 7, IFP – 5, ACDP – 1,

COPE – 1, IND – 1) voted in favour and 41 Democratic Alliance Councillors

voted against. There were no abstentions recorded.


vote, ADOPTED.

1.11 Authority for the National Department of Arts and Culture to Erect Archie Gumede

Statue in Durban (21/11/R):

(Page L5 : Community and Emergency Services Committee Agenda 2016-02-04)

The Committee having concurred with the content of the report in the above regard,

the purpose of which was to seek authority for the National Department of Arts and

Culture to erect Archie Gumede statue in Durban,




1.11.1 That project authority be granted for an appropriate location next to the Chief Albert

Luthuli International Convention Centre where the Liberation Wall is situated, to be

used for the installation of an Archie Gumede Statue to honour his role in the

struggle against apartheid.

1.11.2 That subject to the adoption of .1 above, such installations be incorporated into and

in line with the Council- approved Durban Liberation Heritage Route.

1.11.3 That subject to .1 and .2 above, the City Manager be granted authority to sign a

Memorandum of Understanding (MOU) with the National Department of Arts and

Culture in order to address issues of custodianship of such plaques.

ADOPTED.

1.12 Amantshontsho KaMaskandi Awards (13/2/1/2/1):


The Community and Emergency Services Committee considered a report dated

2016-01-11 by the City Manager in the above regard, the purpose of which was to

request financial support to Kwande Africa (Pty) Ltd who would be hosting the

Maskandi Awards on 2016-02-20.


That authority be granted to the Deputy City Manager : Community and Emergency

Services to provide financial support to Kwande Africa for the hosting of the

Maskandi Awards at the Durban International Convention Centre Arena as follows:-

SUPPORT REQUIRED DESCRIPTION

● City Dressing, promotional posters and

banners

● 1 banner on toll-gate bridge to be up for 10

days leading to the event

● 2 pull up banners inside the ICC

TOTAL : +/- R 19 171, 00

● Venue Hire

● Durban ICC Arena

● Venue Catering

● Venue Equipment

● Venue Security

TOTAL : R 466 306, 80

Total Budget Estimate : +/- R 485 477, 80

Vote Number : 14001.04540

FC number : 31/198

Some Councillors expressed concern in that the matter was being submitted to

Council for approval after the event had taken place. On that basis they were

not in support of the recommendations. With 163 Councillors present, 156

Councillors (ANC – 107, DA – 38, MF – 3, IFP – 5, ACDP – 1, COPE – 1 and

IND - 1) voted in favour and 7 NFP Councillors voted against. There were no

objections recorded.


vote, ADOPTED.



1.13 Proposal to Launch KwaMashu CRU Sakhubunye Social Intervention on 2016-02-06

(22/2/8/2/1):


Having considered a report by the City Manager in respect of the above, the

Community and Emergency Services Committee was advised that the proposed

launch of the KwaMashu CRU Sakhubunye Social Intervention was aimed at

addressing social challenges faced by the residents of KwaMashu Community

Residential Unit.


1.13.1 That the KwaMashu CRU Sakhubunye Social Intervention aimed at addressing

social challenges faced by the residents of KwaMashu Community Residential Unit

be launched on 06 February 2016.

1.13.2 That the following programme be approved for the implementation at KwaMashu

CRU for a period of two (2) years:-

● Sports Development and Recreation

● Arts and Culture

● Conflict Resolution workshops/ dialogues

● Public Space Mass Participation (Sportsfields, Parks, Public Open Spaces etc)

● Anti drug and substance abuse initiatives

● Victim Empowerment Workshops targeting men, women and children

ADOPTED.

2. REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING

COMMITTEE MEETING HELD ON 2016-02-04

(Page R9)

2.1 Transfer of Land: Metro Water to Environmental Planning and Climate Protection

Department (17/2/1/2/1):

(Page 1 : Economic Development and Planning Committee - Agenda 2016-02-04)

The Committee noted that the application site was no longer required by Durban

Metro Water and that the Environmental Planning and Climate Protection

Department had for several years managed a portion of the site which contained a

high quality Sandstone Sourveld grassland ecosystem.

The assessed market value of R500 000 was provided by the Real Estate Department,

and said amount has already been transferred by the Environmental Planning and

Climate Protection Department to Durban Metro Water.


That it be noted that the property described as Erf 147 of Assagay, Registration

Division FT in the Province of KwaZulu-Natal, in extent approximately 2.7266 Ha,

depicted on plan No. SJ4504/3, has been transferred from the Durban Metro Water

asset register to the Environmental Planning and Climate Protection Department for

fields operations base, it being recorded that there are no buildings on the site.



ADOPTED.

2.2 Progress Report: Allocation of Informal Trading Sites in eThekwini Municipality

Area (20/1/7/6)


In considering the matter, Committee noted that the criteria for allocating sites was

negotiated with all relevant stakeholders, and it was agreed that allocations be done

by o fficials.

It was noted that the Allocations Policy was central to the entire policy for the

informal economy, and was based on the changing demographic and socio-economic

structure of the local area, striving for a balance between allowing entry to

businessmen, and providing opportunities for new entrants, targeting vulnerable

groups e.g. poorer people, women, youth and people with disabilities.

It was considered a tool through which local government could steer management

and growth of the informal economy by supporting growth and creating opportunities

for new entrants in an economically sustainable and socially useful way.


2.2.1 That the report by the City Manager dated 2016-01-15, relative to Allocations of

Trading Opportunities and Permits issued, be noted.

2.2.2 That subject to the adoption of .1 above, the Head: Business Support, Tourism and

Markets Unit be requested to keep the Committee informed of progress with regard

to further allocations of trading opportunities.

2.2.3 That it be noted that the Allocations Policy strives for a balance between allowing

entry to some existing business people, and providing opportunities for new entrants,

targeting vulnerable groups, such as poorer people, women, young people, and

people with disabilities.

Recommendations 2.2.1 and 2.2.3 NOTED and Recommendation 2.2.2

ADOPTED.

2.3 Transfer of Funds from eThekwini Municipality Business Support Unit to SEDA

Construction Incubator for the Management and Operation of the INK Construction

Incubator in 2015/2016 and 2016/2017 Financial Year (20/1/6/3):



2.3.1 That the Head: Business Support, Tourism and Markets Unit be authorised to transfer

R3.86 Million (R1.93 Million in December 2015 and another R1.93 Million in

May 2016) in the 2015/16 financial year and R3.86 Million (R1.93 Million in

December 2016 and another R1.93 Million in May 2017) in the 2016/17 financial

year, for the operation of the Ink Construction Incubator in terms of the

Memorandum of Agreement (MOA) and Section 67 of the Municipal Finance

Management Act (MFMA) (Act No. 56 of 2003).

2.3.2 That subject to the approval of .1 above, the Head: Business Support, Tourism and

Markets Unit be granted authority to monitor the work and report back to the



Committee in terms of the Memorandum of Agreement (MOA) and Section 67 of the

Municipal Finance Management Act (MFMA) (Act No. 56 of 2003).

Vote No.: 26540.06930 R3.86 Million (Excl. VAT) Provided 2015/16

R3.86 Million (Excl. VAT) Provided 2016/17

FC No.: 32/11

ADOPTED

2.4 Durban KwaZulu-Natal Convention Bureau (20/1/4/3):

(1 : Economic Development and Planning Committee - Agenda 2016-02-04)


2.4.1 That budget allocation of R2 407 315.00 (Two Million Four Hundred and Seven

Thousand Three Hundred and Fifteen Rand Only) (excluding VAT) to the Durban

KwaZulu-Natal Convention Bureau for the operational expenses of this entity in the

2015/16 financial year, be approved.

2.4.2 That budgetary provisions for the shareholding of the eThekwini Municipality in this

entity for the 2016/17 and 2017/18 financial years as per the amounts under the

Financial Implications below, be identified.

2.4.3 That subject to the approval of .1 and .2 above, the Acting Deputy City Manager:

Sustainable Development and City Enterprises transfer the relevant funds for the

Convention Bureau for the 2015/16 financial year to this entity.

2.4.4 That subject to the approval of .3 above, the Acting Deputy City Manager: Economic

Development and Planning be tasked to provide the Economic Development and

Planning Committee with regular feedback regarding the utilisation and impact of the

funds that have been provided to the Durban KZN Convention Bureau.


The Annual Contributions to the Durban KwaZulu-Natal Convention Bureau will be

as follows:-

Vote No.: 26723.03786 R2 744 339.00 (Incl. VAT) Provided 2015/16

R2 744 339.00 (Incl. VAT) Provided 2016/17

R2 881 552.00 (Incl. VAT) Provided 2017/18

FC No.: 13/15

ADOPTED

2.5 Tourism Indaba 7 to 9 May 2016 (20/1/4/3):



2.5.1 That authority be granted to the Head: Business Support, Tourism and Markets Unit

to facilitate the hosting of Tourism Indaba 2016 in partnership with the Bid Parties

contract, through the utilisation of the budgeted amount of R14 769 628.00 (Fourteen

Million Seven Hundred and Sixty Nine Thousand Six Hundred and Twenty Eight

Rand Only).



2.5.2 That the City Manager be granted authority to sign the Bid Parties Indaba 2016

Contract with South African Tourism.

2.5.3 That the Head: Business Support, Tourism and Markets Unit be requested to keep the

Committee updated on the outcomes of Tourism Indaba 2016.

Vote No.: 26724.11487 R14 769 628.00 (Provided in 2015/16)

FC No.: 13/14

ADOPTED

3. REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE

MEETING HELD ON 2016-02-04

(Page R12)

3.1 Naming of Streets in Ward 102 Covering Ottawa (25/4/15/1):

(Page 100 : Governance and Human Resources Committee - Agenda 2016-02-04)


That the following proposed and reviewed names for the unnamed Streets in Ward

102 covering Ottawa as contained in the report of the Deputy Head: Corporate

Geographic Information Systems dated 2015-10-13 and as indicated on Plan

STN 13/10/15 GDC, be approved.

STREET CODE PROPOSED NAME REVIEWED NAME MEANING

610702 STR Allamanda ALLAMANDA ROAD Type of plant

610703 STR Tecoma TECOMA ROAD Type of plant

610704 STR Umhlanga Ridge UMHLANGA RIDGE

BOULEVARD

Means “Reed” in

isiZulu

ADOPTED.

4. AUTHORITY TO USE SECTION 116 (3) OF THE MUNICIPAL FINANCE

MANAGEMENT ACT TO AMEND CONTRACT PSC 2013/003:

PROFESSIONAL SERVICES FOR DESIGN AND SUPERVISION AND

CONSTRUCTION CONTRACT WS6674 FOR ZWELIBOMVU RESERVOIR

AWARD 7 (9/1/3 & 23/1/11/2/1/1)

(Page 38)


4.1 That, in terms of Section 116(3) of the Municipal Finance Management Act,

authority be granted to increase contract authority of R599 625.00 (Five Hundred and

Ninety Nine Thousand Six Hundred and Twenty Five Rand Only) under Contract

PSC 2013/003 of the Professional Services for the design and supervision of contract

awarded to Naidu Consulting (Pty) Ltd) and to extend the contract duration period

until the completion of the construction of Zwelibomvu Reservoir, it being recorded

that contract completion will be achieved 12 months after approval to commence is

granted.




authority be granted to increase contract authority value of R2 195 992.16

(Two Million One Hundred and Ninety Five Thousand Nine Hundred and Ninety

Two Rand and Sixteen Cents Only) under Contract WS6674 for the Construction of

Zwelibomvu Reservoir awarded to Afrostructures (Pty) Ltd) and to extend the

contract duration period until the completion of the construction of Zwelibomvu

Reservoir, it being recorded that contract completion will be achieved 12 months

after approval to commence is given.

4.3 That, as per the report of the Head: eThekwini Water and Sanitation dated

2015-12-09, authority be granted to demolish and dispose of the existing

Zwelibomvu Reservoir with a current net book value of R54 757.95 (Fifty Four

Thousand Seven Hundred and Fifty Seven Rand and Ninety Five Cents Only), due to

the following reasons:-

4.3.1 The construction of Zwelibomvu Reservoir is currently on hold as a result of

landowner claims that they were not informed of the construction and requests a

claim of R5 Million subsequently dropped to R3 Million thus reaching a deadlock.

4.3.2 A need exists to mitigate any further delay costs or termination of the contract by

constructing the new reservoir within the existing reservoir site and this would

require the demolition of the existing reservoir and the best alternative which is both

economical and practical is to construct a 4ML rectangular reservoir and a 500kl

steel tank to be installed to keep the area supplied with water during construction.

4.3.3 There is a critical need to increase the storage capacity for this area to ensure that the

current and future demands are met and this additional work and a revised

construction implementation strategy has resulted in a significant change in the scope

of works to the professional and construction contracts.

4.4 That public notices be advertised in the relevant print media requesting comments

and/or objections to the proposed amendment to Contract PSC 2013/003 and

WS 6674 in line with the requirements of Section 116(3) and Section 33 of the

Municipal Finance Management Act.

Vote No.: X6309 R2 795 616.17 Provided in the 2016/2017 Draft Capital

Budget

FC No.: 64/C23

ADOPTED.

5. ARTISANS DEVELOPMENT PROJECT (4/3/5/2)

(Page 62)


5.1 That authority be granted for the Deputy City Manager: Human Resources to

proceed with the Artisans Development Project to train artisans over a period of

3 (three) years with funding to be identified from savings on maintenance budget.

5.2 That the Deputy City Manager: Human Resources submit to the Executive

Committee a detailed report outlining, amongst other things, criteria to be applied to



source trainees to clearly understand the selection process; placement process after

training; and overall budget implications.

ADOPTED.

6. INTRODUCTION OF WATER RESTRICTIONS FOR AREAS SUPPLIED BY

UMGENI RIVER SYSTEM 23/1/4)

(Page 68)


6.1 That the eThekwini Municipality continues to support the existing drought initiatives

and the implementation of the following water restrictions with immediate effect to

all areas supplied from Umgeni River System as well as all of the eThekwini Metro,

with the exception of the areas supplied by Hazelmere Dam which has its own water

restrictions:-

6.1.1 Restrict domestic and industrial use by 15% of the annual target draft.

6.1.2 Restrict irrigation use by 50% of the annual target draft.

6.2 That the Head: Water and Sanitation be mandated to develop a programme, in

addition to Masakhane and other campaigns, to intensify education of communities

on drought and preservation.

6.3 That the Head: Water and Sanitation intensifies repairs in respect of water leakage in

commercial standpipes to reduce wastage and investigates and report back on

initiatives to harvest rain water within eThekwini Municipality.

6.4 That any consumer found not to be in compliance with water restrictions, following a

written warning, be issued with a fine in accordance with Clause 11(1)(b) of the

eThekwini Water By-laws which is R500,00 for domestic consumers and R10 000,00

for large businesses.

MOTION TO AMEND

In terms of Rule of Order 20(4), Councillor H De Boer, seconded by Councillor

S Hoosen, moved as a procedural motion that the above-mentioned

recommendations of the Executive Committee be amended by the deletion of the

recommendation 6.4 in its entirety:

NOT CARRIED

As some Members were not in support of above-mentioned motion to amend,

the matter was put to the vote. With 159 Councillors present, 40 Councillors

(DA – 39 and ACDP – 1) voted in favour and 119 Councillors (ANC - 102,

MF - 2, NFP – 7, IFP – 6, COPE – 1 and IND - 1) voted against. There were no

abstentions recorded.

The above mentioned Motion to Amend was NOT CARRIED.

Discussion thereafter reverted to the substantive motion whereafter such motion

was put to the vote. With 162 Councillors present, 122 Councillors (ANC - 103,



MF – 3, NFP – 7, IFP – 6, ACDP – 1, COPE – 1 and IND - 1) voted in favour

and 40 Democratic Alliance Councillors abstained from voting.

Thereafter it was

RESOLVED:

6.1 That the eThekwini Municipality continues to support the existing drought

initiatives and the implementation of the following water restrictions with

immediate effect to all areas supplied from Umgeni River System as well as all

of the eThekwini Metro, with the exception of the areas supplied by Hazelmere

Dam which has its own water restrictions:-

6.1.1 Restrict domestic and industrial use by 15% of the annual target draft.

6.1.2 Restrict irrigation use by 50% of the annual target draft.

6.2 That the Head: Water and Sanitation be mandated to develop a programme, in

addition to Masakhane and other campaigns, to intensify education of

communities on drought and preservation.

6.3 That the Head: Water and Sanitation intensifies repairs in respect of water

leakage in commercial standpipes to reduce wastage and investigates and report

back on initiatives to harvest rain water within eThekwini Municipality.

6.4 That any consumer found not to be in compliance with water restrictions,

following a written warning, be issued with a fine in accordance with Clause

11(1)(b) of the eThekwini Water By-laws which is R500,00 for domestic

consumers and R10 000,00 for large businesses.

7. REQUEST FOR AUTHORITY TO APPOINT RETIRED PROFESSIONAL

TECHNOLOGIST AS A TRAINER/MENTOR FOR THE GRADUATE

INTERNSHIP PROGRAMME: WS2015/112 (4/3/2)

(Page 94)


That Council approves the appointment of a retired professional technologist to

provide a 12-month training and mentoring services under Graduate Internship

Training Programme funded by National Treasury at an estimated amount of

R1 065 000.00 (One Million and Sixty Five Thousand Rand), which programme is

aimed at developing newly graduated Engineers; Technologists; and Technicians to

register as professionals in water and waste water-related skills.

Vote: 60115.04720 R532 500.00 (Funded from ISDG for 6 months n 2015/16)

R532 500.00 (Funded from ISDG for 6 months n 2016/17)

FC No.: 64/64

MOTION TO AMEND



In terms of Rule of Order 20(4), Councillor NF Shabalala, seconded by

Councillor SZ Xulu, moved as a procedural motion that the above-mentioned

recommendations of the Executive Committee be amended by the addition of

the following recommendation 7.2:

“7.2 That the Head : Water and Sanitation be requested to implement

a succession planning programme to ensure that skills are strengthened

within the department”

CARRIED

The above mentioned Motion to Amend was unanimously CARRIED.

Whereafter, it was

RESOLVED:

7.1 That Council approves the appointment of a retired professional technologist to

provide a 12-month training and mentoring services under Graduate Internship

Training Programme funded by National Treasury at an estimated amount of

R1 065 000.00 (One Million and Sixty Five Thousand Rand), which programme

is aimed at developing newly graduated Engineers; Technologists; and

Technicians to register as professionals in water and waste water-related skills.

7.2 That the Head : Water and Sanitation be requested to implement a succession

planning programme to ensure that skills are strengthened within the

department.

Vote: 60115.04720 R532 500.00 (Funded from ISDG for 6 months in

2015/16)

R532 500.00 (Funded from ISDG for 6 months in

2016/17)

FC No.: 64/64

8. ASSISTING TERTIARY INSTITUTIONS TO REDUCE THEIR UTILITY COSTS

(7/2/2)

(Page 102)


8.1 That the following efficiency interventions be implemented to campuses and student

accommodation of accredited tertiary education institutions within the area of

eThekwini Municipality:-

8.1.1 Energy efficiency devices to assist them by installing with LED lighting

8.1.2 Geysers to be replaced by heat pumps

8.1.3 Install solar panels

8.1.4 Conversion of existing showerheads to more water-efficient showerheads

8.1.5 Reduce the water pressure



8.1.6 An awareness campaign around water and electricity consumption be undertaken

jointly by the institution and the Municipality.

8.2 That authority be granted to the Municipality’s Energy Office to facilitate the

acquisition of the required donor funding.

8.3 That subject to the approval of .1 and .2 above, the assistance be extended to all

accredited tertiary institutions within the area of the eThekwini Municipality.

8.4 That whilst the donor funding is being obtained, the Electricity Unit and the Water &

Sanitation Unit be requested to start awareness campaigns to reduce wastage in

partnership with the relevant tertiary education institution and to put in the necessary

interventions to reduce consumption as envisaged in .1 above.

ADOPTED

9. NOTING OF RULE OF ORDER 28: STRATEGIC EVENTS PARTNERSHIP

BETWEEN THE PROVINCIAL DEPARTMENT OF ECONOMIC

DEVELOPMENT, TOURISM AND ENVIRONMENTAL AFFAIRS AND THE

ETHEKWINI MUNICIPALITY’S BUSINESS SUPPORT, TOURISM AND

MARKETS (13/2/1/2/1 & 20/1/4/3)

(Page 104)


9.1 That the approval given by His Worship the Mayor, Councillor James Nxumalo,

in terms of Rule of Order 28, to allocate an amount of R4 000 000,00 (Four Million

Rand) for the proposed partnership between the Provincial Economic Development,

Tourism and Environmental Affairs and eThekwini Municipality’s Business Support,

Tourism and Markers, be noted.

9.2 That His Worship the Mayor, Councillor James Nxumalo authorizes the presented

partnership framework of event partnership and funding administration between the

Province, the City and the Madlozi Entertainment for the South African Music

Conference and Woz’e Durban Picnic.

9.3 That should His Worship the Mayor, Councillor James Nxumalo approve the above

recommendation, the matter will be submitted t the nest meeting of the Executive

Committee to seek ratification for action.

9.4 That the Head: Business Support, Tourism and Markets will keep Council and

His Worship the Mayor, Councillor James Nxumalo informed of progress and

outcome.

9.5 That the funding for the Province should be transferred to the eThekwini

Municipality specifically for the projects listed below which will be monitored by

Head : Business Support, Tourism and Markets:-

9.5.1 South African Music Conference (SAMC) - R1 500 000.00 including VAT

9.5.2 Woz’e Durban New Year’s Picnic - R1 500 000.00 including VAT

9.5.3 The Durban Business Far and Essence Festival - R 500 000.00 including VAT

9.5.4 Durban Fashion Fair - R 500 000.00 including VAT

NOTED



10. NOTING OF RULE OF ORDER 28: FINANCIAL ASSISTANCE FOR THE

FUNERAL OF LATE COUNCILLOR THAMI HENDRICK CELE (3/5/15)

(Page 116)


That the approval given by His Worship the Mayor, Councillor James Nxumalo, in

terms of Rule of Order 28, to allocate an amount of R100 000,00 (One Hundred

Thousand Rand) for financial assistance towards burial of the late Councillor Thami

Hendrick Cele, be noted.

The Democratic Alliance expressed concern in that the review of the Civic

Funeral Policy was still outstanding. In the absence of the reviewed policy it was

queried which provision was being used in the allocation of the

above-mentioned funds for the funeral assistance in respect of the late

Councillor Thami Hendrick Cele.

Following explanation by His Worship the Mayor, Councillor JS Nxumalo, that

Council had acted within policy in allocating the funds, the above-mentioned

recommendation of the Executive Committee was NOTED.

11. REQUEST TO AUTHORIZE CITY'S FUNDING AND PARTNERSHIP TO HOST

2016 LARASA WORLD LEISURE CONGRESS (20/1/4/3)

(Page 118)


11.1 That authority be granted for the eThekwini Municipality to enter into partnership

with the Leisure and Recreation Association of South Africa (LARASA), established

with the objective to promote recreation and leisure as a profession, to host the 2016

LASARA World Leisure Congress from 27 to 30 June 2016 at the Chief Albert

Luthuli International Convention Centre

11.2 That the partnership financial commitment in the amount of R2 063 450.00

(Two Million and Sixty Three Thousand Four Hundred and Fifty Rand), including

VAT), to be contributed towards venue hire, be approved.

11.3 That, subject to the approval of .1 and .2 above, authority be granted for the

City Manager to negotiate and conclude contract with LARASA on return on

investment for the City from the 2016 LASARA World Leisure Congress.

11.4 That the Head: Business Support, Tourism and Markets keeps the Council informed

of progress and outcome to ensure delivery on the City's terms and conditions.

Vote: 30010.10565; R2 063 450.00; FC: subject to approval of adjustment budget

2015/16

ADOPTED.



12. REQUEST BY INDEPENDENT ELECTORAL COMMISSION FOR STORAGE

SPACE AT WALTER MARRIOTT BUILDING, CLUB LANE, PINETOWN

(17/2/2/5/2)

(Page L13)


12.1 That the Head: Real Estate be authorized to enter into a lease agreement by private

treaty with the Independent Electoral Commission (IEC) for the temporary use of

accommodation at the Walter Marriott building at 2 Club Lane, Pinetown, for the

2016 local government elections, subject to the following conditions and it being

noted that the said lease will terminate on 30 September 2016:-

12.1.1 That the IEC will be responsible for the safety, security and insurance relating to any

content pertinent to the intended use of the facility.

12.1.2 That due to the acute shortage of parking within the facility concerned, the IEC will

be required to secure alternative parking for its personnel.

12.2 That the Head : Real Estate be authorized to sign all documentation on behalf of the

Municipality in respect of such lease.

ADOPTED.

JS NXUMALO

CHAIRPERSON

_______________

His Worship the Mayor, Councillor JS Nxumalo presented the Second Report of the

Executive Committee as recorded on Page 2895 of these minutes.

_______________

SECOND REPORT OF THE EXECUTIVE COMMITTEE (Meeting held on Tuesday, 2016-02-16)




_____________

1. REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING


(Page R1)

1.1 Adoption of eThekwini Bring Your Own Device (BYOD) Policy (10/P):


The Committee noted that the purpose of the Policy was to:-



● Provide clear policy guidelines to eThekwini Municipality’s staff regarding

the use of personally owned devices for work-related purposes.

The Municipality grants staff the privilege of self-purchasing and using

laptops, smartphones and tablets of their choice in their work environment

for convenience and improved productivity.

● To protect the security and integrity of the eThekwini Municipality’s

data/information, technology infrastructure and network.

● To specify the laptop, smartphone and tablet devices which are permitted to

be connected to eThekwini Municipality’s Information and Communication

Technology resources and its network.

It was further noted that the foregoing sought to mitigate the effects of complexity,

whilst still providing access to information systems whenever staff members require

such access, and it was accordingly


That the eThekwini Bring Your Own Device (BYOD) Policy as the eThekwini

Municipality’s standard approach for the management of personally owned devices

to achieve a level of standardisation for desktop computing without diminishing the

quality of service, be approved.

ADOPTED.

2. REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE


(Page R2)

2.1 Public-Private Funding Model for Umhlanga Ridge Town Centre Transport

Infrastructure (26/3/2/3):

(Page 30 : Human Settlements and Infrastructure Committee - Agenda 2016-02-10)


2.1.1 That developments (rezoning or special consent applications) that results in increased

development rights exceeding the bulk of 633,000m² that have been approved in

Umhlanga Ridge Town Centre be considered for approval pending an offer made by

the applicants to contribute to road infrastructure requirements in the area.

2.1.2 That the applicant shall offer a contribution in the amount of R20 833.33 (Twenty

Thousand Eight Hundred and Thirty Three Rand Thirty Three Cents only) per peak

hour vehicle trip.

2.1.3 That the contribution value of R20 833.33 (Twenty Thousand Eight Hundred and

Thirty Three Rand Thirty Three Cents only) remain accepted and valid if offered and

paid to Council within three (3) years from date of approval.

MOTION TO AMEND

In terms of Rule of Order 20(4), Councillor WJM Burne, seconded by

Councillor AR Mitchell, moved as a procedural motion that the

above-mentioned recommendations of the Executive Committee be amended at

the end of 2.1.3 thereof by the addition of the words “of the development

application” to read as follows:-



“2.1.3 That the contribution value of R20 833.33 (Twenty Thousand Eight

Hundred and Thirty Three Rand Thirty Three Cents only) remain

accepted and valid if offered and paid to Council within three (3) years

from date of approval of the development application.”

The City Manager having clarified that the aforesaid contribution value

remained accepted and valid from the date of approval of this resolution, the

amendment submitted by Councillor WJ Burne was not considered any further

and paragraph 2.1.3 of the above-mentioned recommendation of the Executive

Committee was amended as per the clarity provided by the City Manager.

Whereafter, it was

RESOLVED:

2.1.1 That developments (rezoning or special consent applications) that results in

increased development rights exceeding the bulk of 633,000m² that have been

approved in Umhlanga Ridge Town Centre be considered for approval pending

an offer made by the applicants to contribute to road infrastructure

requirements in the area.

2.1.2 That the applicant shall offer a contribution in the amount of R20 833.33

(Twenty Thousand Eight Hundred and Thirty Three Rand Thirty Three Cents

only) per peak hour vehicle trip.

2.1.3 That the contribution value of R20 833.33 (Twenty Thousand Eight Hundred

and Thirty Three Rand Thirty Three Cents only) remain accepted and valid if

offered and paid to Council within three (3) years from date of approval of this

resolution.

2.2 Work in Excess of R500 000: Electricity Connection to 109 Inanda Road, Waterfall:

Ward Number 9 (Drawing Number DL 3104942) (27/2/R):



That authority be granted to the Head: Electricity to incur expenditure estimated at

R2 088 290.00 (Two Million Eighty Eight Thousand Two Hundred and Ninety Rand

only) through the normal goods and services procurement process in order to provide

a supply of electricity to the customer in Ward 9, 109 Inanda Road, Waterfall.

Account Code : 80161 : R2 088 290

Provided in the 2015/2016 Capital Estimates

FC79/CA1606

ADOPTED

2.3 Work in Excess of R500 000: Electricity Connection to 10A Kirk Road, Pinetown:

Ward Number 18 (Drawing Number DL 3103470) (27/2/R):





That authority be granted to the Head: Electricity to incur expenditure estimated at

R1 858 440.00 (One Million Eight Hundred and Fifty Eight Thousand Four Hundred

and Forty Rand only) through the normal goods and services procurement process in

order to equip the distributor substation in Ward 18, 10A Kirk Road, Pinetown.

Account Code : 80161 : R1 858 440

Provided in the 2015/2016 Capital Estimates

FC79/CA1605

ADOPTED

2.4 Deproclamation of Road Servitude and Right of Way Over Proposed Portions 8 & 9

both of Erf 379 Umhlanga Rocks (25/4/1):



2.4.1 That the Municipality declares in terms of Section 14 of the Municipal Finance

Management Act 56 of 2003 that:-

2.4.1.1 The Proposed Portion described as Erf 379 Umhlanga Rocks is not required for

providing the minimum level of basic Municipal services; and

2.4.1.2 The fair market value of the land is R655 000.00 (Six Hundred and Fifty Five

Thousand Rand Only) and that the economic and community values have been

considered.

2.4.2 That in terms of Section 211 of Ordinance 25 of 1974, the road areas depicted on

Plan SJ 4643/3 be permanently closed subject to all costs in connection therewith

being borne by Cast Arena Trade and Investments 121 (Pty) Ltd, whether the

application for deproclamation is successful or not.

2.4.3 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 of Regulations, Road

servitudes over Portions 8 and 9 both of Erf 379 uMhlanga Rocks, in extent

approximately 1345 square metres depicted on Plan No. SJ 4643/3 revert to Cast

Arena Trade and Investments 121 (Pty) Ltd (Registration number 2011004402107

upon payment of R655 000.00 (Six Hundred and Fifty Five Thousand Rand Only)

exclusive of VAT, such compensation reflecting the current market value of the land

as assessed by a registered Valuer.

2.4.4 That authority be granted to the Bid Adjudication Committee to consider the report

to deviate from the procurement process in order to formally close road Servitude

and Right of Way over Portions 8 and 9 both of Erf 379 uMhlanga Rocks and revert

to Cast Arena Trade and Investments 121 (Pty) Ltd in terms of Section 36(1)(a)(v) of

the Supply Chain Management Regulations.

2.4.5 That in the event of objections being lodged to the proposed revision of Portions 8

and 9 both of Erf 379 uMhlanga Rocks, 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”.



2.4.6 That in the event of objections being lodged to the proposed deproclamation of

Portions 8 and 9 both of Erf 379 uMhlanga Rocks when it is statutorily advertised,

the matter be referred to the MEC for Co-operative Governance and Traditional

Affairs for consent.

2.4.7 That, should the deproclamation and reversion not be successful, the contract

attached to the report by the Head: Real Estate dated 2015-10-05 shall ipso facto

lapse and neither party shall have any claim whatsoever against the other on account

thereof.

2.4.8 That subject to the adoption of 1. to 7. above and the approval of the Bid

Adjudication Committee, the Head: Real Estate be authorized to sign all

documentation to give effect to the transaction.

ADOPTED

2.5 Proposed Alienation of Residential Land to Adjoining Property Owners Along Shad

Lane and Marine Avenue, Tongaat (17/2/1/2/3):



2.5.1 That the Municipality declares in terms of Section 14(2)(a) and (b) of the Municipal

Finance Management Act 56 of 2003 that:-

2.5.1.1 The land described as Portions [A] to [S] all of Erf 4794 Tongaaat is not required for

providing the minimum level of basic Municipal services; and

2.5.1.2 The fair market values of the land, the economic and community value to be received

have been considered.

2.5.2 That the rezoning of Proposed Portions [A] to [S] all of Erf 4794 Tongaat from

Administration purposes to Special Residential 350 purposes shall be undertaken by

the purchasers prior to transfer, at their cost within two (02) years of council

authority being granted.

2.5.3 That Proposed Portions [A] to [S] of Erf 4794 Tongaat be rezoned.

2.5.4 That should the rezoning not be successful, the contract attached to the undated

report by the Head: Real Estate shall ipso facto lapse and neither party shall have any

claim whatsoever against the other on account thereof.


together with Regulation 7 of the Municipal Assets Transfer Regulations, the

properties described as Proposed Portions [A] to [S] of Erf 4794 Tongaat, in extent

totaling to approximately 1320m² depicted on Plan No. SH9838, be sold in freehold

by private treaty to adjoining property owners at the current market values as

assessed by Professional Valuer/s as indicated in the table marked Annexure “C” of

the report by the Head : Real Estate.


to deviate from the procurement process in order to formally sell proposed Portions

[A] to [S] of Erf 4794 Tongaat to adjoining property owners in terms of Section

36(1)(a)(v) of the Supply Chain Management Regulations.



2.5.7 That in the event of objections being lodged to the proposed disposal of proposed

Portions [A] to [S] of Erf 4794 Tongaat, 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”.

2.5.8 That in the event of the sale not being finalized within 6 (six) months of the date of

Council authority being granted a report be submitted by the Head: Real Estate to the

Bid Adjudication Committee to review the purchase price in line with the current

market value of the properties where there has been a change in the market value.

2.5.9 That subject to the adoption of paragraphs 1 to 8 above and the approval of the

Bid Adjudication Committee, the Head: Real Estate be authorized to sign all

documentation to conclude sale transaction with the successful purchasers.

ADOPTED

2.6 Exchange of Property: Portion 62 of Erf 12524 Durban and Portion 113 of Erf 12524

Durban (17/2/1/2/2):



2.6.1 That the Municipality declares in terms of Section 14 (2) (a) of the Municipal

Finance Management Act 56 of 2003 that a circulation for comments in respect of

the disposal of Portion 62 of Erf 12524 Durban is in process and the disposal shall be

subject to all requirements that arise from the circulation process.

2.6.2 That in terms of Section 40 (2)(b)(i) of the Supply Chain Management Policy read


property described as Portion 62 of Erf 12524 Durban be transferred to The Durban

Point Development Company (Pty) Ltd in exchange for Portion 113 of Erf 12524

Durban by way of donation.

2.6.3 That in the event of objections being lodged to the proposed disposal of Portions 62

of Erf 1254 Durban, 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”.

2.6.4 That authority be granted to the Bid Adjudication Committee to consider a report to

deviate from the procurement process in terms of Section 36(1)(a)(v) of the Supply

Chain Management Regulations in order to formally donate Portion 62 of Erf 12524

Durban to the Durban Point Development Company.

2.6.5 That authority be granted to the Head: Real Estate to accept the donation of Portion

113 of Erf 12524 Durban from the Durban Point Development Company (Pty) Ltd.

2.6.6 That the Head: Real Estate be authorised to conclude the requisite exchange

agreement and all documents necessary to effect transfer to and from the

Municipality.

2.6.7 That all costs incidental to passing transfer be borne by the respective parties who are

receiving transfer of the aforementioned properties.

ADOPTED



2.7 Proposed Alienation and Consolidation of Land: Road Reserve Proposed Erf [A] and

Erf 1410 Both of KwaMashu L to the Salim Munshi Family Trust (Nyala Road

KwaMashu L) (17/2/1/2/3):



2.7.1 That the Municipality declares in terms of Section 14(2)(a) and (b) of the Municipal

Finance Management Act 56 of 2003 that:-

2.7.1.1 The properties described as proposed Erf [A] and Erf 1410 both of KwaMashu L

Section are not needed to provide the minimum level of basic Municipal services;

and

2.7.1.2 The current market value of the properties is currently assessed at a value of

R930 000.00 (Nine Hundred and Thirty Thousand Rand only) exclusive of VAT.

2.7.1.3 Clearance has been received from the Human Settlements Department dated

21 October 2013 (Annexure D) stating that the property is not required for housing

purposes (an updated Clearance has been requested.)



properties described as proposed Erf [A] and Erf 1410 both of KwaMashu L in

extent approximately 389m² and 1929m² respectively, Registration Division FU in

the Durban Entity, Province of KwaZulu-Natal as depicted SG Plans No. 1114/1997

and SJ 4686/6C be sold in Freehold by private treaty to the Salim Munshi Family

Trust, Trust No IT5/2003 at a price of R930 000.00 (Nine Hundred and Thirty

Thousand Rand only) exclusive of VAT, such purchase price reflecting the current

market value of the land as assessed by a registered Valuer.

2.7.3 That an encroachment levy of 10% pa from date of occupation to date of transfer due

to the existing development by the Trust over Erf 1410 KwaMashu L is to be paid by

the Salim Munshi Family Trust.

2.7.4 That authority be granted to the Bid Adjudication Committee to consider a report to

deviate from the procurement process in terms of Section 36 (1)(a)(v) of the Supply

Chain Management Regulations in order to formally sell proposed Erf [A] and Erf

1410 both of KwaMashu L depicted on hand plan SJ 4686/6C to the Salim Munshi

Family Trust, Trust No IT5/2003.

2.7.5 That in terms of Section 211 of ordinance 25 of 1974 the road areas depicted on Plan

SJ 4686/6C are to be permanently closed subject to all costs in connection therewith

being borne by Salim Munshi Family Trust, Trust No. IT5/2003 whether the

application for deproclamation is successful or not, and in this regard a deposit of

R12 000.00 (Twelve Thousand Rand only) is to be lodged with the City Treasurer to

cover the estimated costs of survey and deproclamation.

2.7.6 That the rezoning of proposed Erf [A] of KwaMashu L from Existing Street purposes

to Mixed Use purposes shall be undertaken by and at the cost of the Purchaser.




proposed Erf [A] when it is statutorily advertised, the matter be referred to the MEC,

Co-Operative Governance and Traditional Affairs for consent.

2.7.8 That in the event of objections being lodged to the proposed sale of Portion Erf [A]

and Erf 1410 both of KwaMashu L, 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”.

2.7.9 That in the event of the sale not being finalized within 6 (six) months of the date of

Council authority being granted, a report be submitted by the Head: Real Estate to

the Bid Adjudication Committee to review the purchase price in line with the current

market value of the property where there has been a change in the market value.

2.7.10 That subject to the adoption of paragraphs 1-9 above and approval of the

Bid Adjudication Committee, the Head: Real Estate be authorized to sign all

documents necessary to conclude the agreement.

REFERENCE BACK

In terms of Rule of Order 20(1)(c), Councillor PM Sibiya, seconded by

Councillor TM Zuma, moved as a procedural motion that the above-mentioned

recommendations of the Executive Committee be REFERRED BACK to the

Human Settlements and Infrastructure Committee for further consideration in

view of further information relative hereto that had now become available.

CARRIED

As not all Members were in support of the Reference Back, the matter was put

to the vote. With 157 Councillors present 105 Councillors (ANC – 98, MF – 4,

ACDP – 1, COPE – 1 and IND – 1) voted in favour and 52 Councillors (DA – 41,

NFP – 7 and IFP – 4) voted against. There were no abstentions recorded.

The motion to Refer Back was by the majority vote CARRIED.

Whereafter, it was

RESOLVED:

That the recommendations of the Executive Committee, in respect of the item

entitled Proposed Alienation and Consolidation of Land : Road Reserve

Proposed Erf (A) and Erf 1410 Both of Kwa-Mashu L to the Salim Munshi

Family Trust (Nyala Road, Kwa-Mashu L), be referred back to the Human

Settlements and Infrastructure Committee for further consideration in view of

further information which has now become available.

2.8 Acquisition for Regularisation of Road Encroachment: Erf 2747, Inanda A

(17/2/1/1/2 & 21/7/7):





2.8.1 That in order to regularise the encroachment of Ngungumbane Road over Privately

owned property viz. Erf 2747 Inanda A, the Head : Real Estate be authorised to

deviate from the Supply Chain Management Regulations and acquire the affected

property, as reflected on plan SJ 4685/10, utilizing Regulation 36 (1)(a)(ii) of the

Supply Chain Management Regulations.

2.8.2 That subject to the adoption of .1 above, the Head: Real Estate be authorised to sign

the relevant purchase and sale agreements and all documents necessary to effect

transfer to the eThekwini Municipality.

2.8.3 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 financial statements in terms of

Section 36 (2) of the Supply Chain Management Regulations.


R85 000 to be funded from the Real Estate Unit’s acquisitions Blocksum 2015/2016

Vote No.: 1.70600.11999

ADOPTED

2.9 Report Seeking Authority from Committee for the Conversion of the Starseaside

Childrens Home & the Table Tennis Building into Social Housing Units (27/7/1/1/3):



That authority be granted to the Head: Human Settlements to utilise the following

buildings for Social housing development:-

● Lot 31140, being 71 Playfair Road, North beach, Durban (Starseaside)

● 2 Epsom Road, [Erf 3405 & 3406] all of Durban (Table Tennis Building).

The above recommendation of the Executive Committee was WITHDRAWN on

the basis of a joint meeting of the Economic Development and Planning

Committee, Human Settlements and Infrastructure Committee and Finance and

Procurement Committee being convened to consider the issue further, as

contained in Item 3.11 on Page 2908 of these Minutes.

3. REPORT OF THE FINANCE AND PROCUREMENT COMMITTEE MEETING

HELD ON 2016-02-11

(Page R7)

3.1 Review of Tariff: Revenue Clearance Certificate Fee: 2016/2017 (7/6/1/5):

(Page 12 and attached hereto as Annexure A: Finance and Procurement

Committee - Agenda 2016-02-11)


3.1.1 That the Council of eThekwini Municipality resolves in terms of Section 75(A) of

the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that, with

effect from 2016-07-01, the tariffs set out in Annexure ‘A’ of the report of the Head:



Revenue Management dated 2015-12-02 will be levied in respect of the Revenue

Clearance Certificate.

3.1.2 That the City Manager be instructed without delay:-

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

conspicuously:-

(a) On the City Hall Notice Board, and

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

determine,

(ii) To seek to convey the information referred to in the said notice to the public

through the relevant Radio Stations.

(iii) To send a copy of the notice to the KZN Member of the Executive Council

(MEC) responsible for Co-operative Governance & Traditional Affairs.

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


Notice is hereby given that:-

(a) A resolution of the kind contemplated in Section 75A(2) of the Local

Government: Municipal Systems Act 2000 (Act 32 of 2000) was passed by

the Municipal Council on………………………….

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

inspection at:-

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

(ii) ……………………………etc.

(c) The effective date for the implementation of the said Tariff of Charges is

2016-07-01.

……………………………………….

CITY MANAGER


Date: ………………………………….

ADOPTED

3.2 Quarterly Report on Withdrawals from Municipal Bank Account in Terms of the

Municipal Finance Management Act (7/13/R):

(Page 20 : Finance and Procurement Committee - Agenda 2016-02-11)




That in terms of Section 11 (4) of the Municipal Finance Management Act of 2003,

the quarterly report on withdrawals from the Municipal Bank Account, as per the

report of the City Manager dated 2016-01-14, be noted.

NOTED

3.3 Credit Rating : eThekwini Municipality (7/3/1/1/2):

(Page 23 and attached hereto as Annexure B: Finance and Procurement



That the report on credit rating of the eThekwini Municipality for the period ending

September 2016, submitted by the City Manager as per his report dated 2015-11-04,

be noted.

NOTED

3.4 Report on Investments: December 2015 (7/11/4):



That the report on the investments of the eThekwini Municipality as at 2015-11-30,

submitted by the City Manager as per his report dated 2015-12-07 and as per the

requirements of the Municipal Cash Management and Investment Regulations of the

Municipal Finance Management Act, 2003, be noted.

NOTED

3.5 Report on Investments: January 2016 (7/11/4):



That the report on the investments of the eThekwini Municipality as at 2015-12-31,

submitted by the City Manager as per his report dated 2016-01-07 and as per the

requirements of the Municipal Cash Management and Investment Regulations of the

Municipal Finance Management Act, 2003, be noted.

NOTED

3.6 Revision of Rental: South African Scout Association: 19 Laughton Avenue,

Glenashely: (File Ref: Lease 738) (17/2/1/2/5):



3.6.1 That the rental in respect of Portion of Erf 808 Glenashley and Lease 1 on Erf 808

Glenashley, Registration Division FU, Province of KwaZulu-Natal, held by the

South African Scout Association be fixed at R9 800.00 (Nine Thousand Eight

Hundred Rand Only) per annum and R100 (One Hundred Rand Only) per annum

respectively exclusive of VAT for the first year escalating thereafter by 9% per

annum for the ensuing four (4) years of the five year period commencing 2015-05-01

and expiring 2020-06-30.



3.6.2 That subject to the adoption of 1. above all costs of documenting the renewal of the

lease and revision of the rental be borne by the Lessee.

3.6.3 That the Head: Real Estate be authorised to sign all documents relating to the

revision of rental.

ADOPTED

3.7 Revision of Rental: Lease of Land for a Crematorium: Doves Group (Pty) Ltd:

100 Selbourne Road, Umbilo (File Ref : L573) (17/2/1/2/5):



3.7.1 That the rental in respect of the lease of the land described as Lease Erf 12593

Durban held by Doves Group (Pty) Ltd, in extent 8028m², for the period 2015-10-31

to 2020-10-30, be a monthly amount of Thirteen Thousand and Seventy Eight Rand

and Sixty Cents (R13 078.60) per month (exclusive of VAT), for the first year,

escalating by 9% per annum for the ensuing four years.

3.7.2 That all costs of documenting this rental revision be borne by the Lessee.


revision of rental.

REFERENCE BACK

In terms of Rule of Order 20(1)(c), Councillor DL Du Bois, seconded by

Councillor D Ganesh, moved as a procedural motion that the above-mentioned

recommendations of the Executive Committee be REFERRED BACK to that

Committee for further consideration of the rental being revised in terms of

market related value.

NOT CARRIED

As some members were not in support of the above-mentioned motion to refer

back, the matter was put to the vote. With 157 Councillors present, 41

Councillors (DA – 39, ACDP – 1 and COPE – 1) voted in favour and 104

Councillors (ANC – 99, MF – 4 and IND – 1) voted against. 12 Councillors (NFP

– 7 and IFP – 5) abstained from voting.

The motion to refer back was NOT CARRIED.

Brief discussion thereafter ensued after which the above-mentioned

recommendations of the Executive Committee was put to the vote.

With 158 Councillors present, 117 Councillors (ANC – 99, MF – 4, NFP – 7, IFP

– 6 and IND – 1) voted in favour and 41 Councillors (DA – 39, ACDP – 1 and

COPE – 1) voted against. There were no abstentions recorded.

Whereafter, it was

RESOLVED:



3.7.1 That the rental in respect of the lease of the land described as Lease Erf 12593

Durban held by Doves Group (Pty) Ltd, in extent 8028m², for the period 2015-

10-31 to 2020-10-30, be a monthly amount of Thirteen Thousand and Seventy

Eight Rand and Sixty Cents (R13 078.60) per month (exclusive of VAT), for the

first year, escalating by 9% per annum for the ensuing four years.

3.7.2 That all costs of documenting this rental revision be borne by the Lessee.


revision of rental.

3.8 Revision of Rental: South African Scout Association: 3 Linden Road: (File Ref:

Lease 155) (17/2/1/2/5)



3.8.1 That the rental in respect of Erf 3059 Durban, Registration Division FU in the

Durban Entity, Province of KwaZulu-Natal, held by the South African Scout

Association be R10 300 (Ten Thousand Three Hundred Rand Only) per annum

exclusive of VAT for the first year escalating thereafter by 9% per annum for the

ensuing 4 years of the five year period commencing 2015-01-18 and expiring on

2020-01-17.

3.8.2 That subject to the adoption of 1. above all costs of documenting this rental revision

be borne by the Lessee.


revision of rental.

ADOPTED

3.9 Land Acquisition and Sale for the Realignment of the Entrance to the Umhlanga

Promenade at Mccausland Crescent, Umhlanga (17/2/1/1/2 & 17/2/1/2/3):



3.9.1 That the eThekwini Municipality declares in terms of Section 14 of the Municipal

Finance Management Act (MFMA) Act 56 of 2003:

3.9.1.1 That in terms of the Spatial Development and Planning Act the respective road and

right of way areas as depicted on Hand Plan No. SJ4479/13B, be deproclaimed and

permanently closed subject to all costs in connection therewith being borne by

Southern Sun Hotel Interests (Pty) Ltd whether the application for deproclamation is

successful or not.

3.9.1.2 That in terms of Section 40(2)(b) (i) of the Supply Chain Management Policy read in

conjunction with Regulation 7 of the Municipal Assets Transfer Regulations, the

Head: Real Estate be authorised to sell Portion 1 of Erf 260 Umhlanga Rocks as

shown on Hand Plan No. SJ4479/13B at an amount of R7 217 700.00 (Seven

Million, Two Hundred and Seventeen Thousand and Seven Hundred Rand Only)



excluding VAT which is the current market value of the site as determined by a

Registered Valuer.

3.9.2 The said property is not required for providing the minimum level of basic Municipal

services.

3.9.3 It must be recorded that any services within Portion 1 of Erf 260 Umhlanga Rocks

will be relocated at Southern Sun Hotel Interests (Pty) Ltd expense at the time of the

development of their property.

3.9.3 Any rezoning in accordance with .2 above shall be undertaken by Southern Sun

Hotel Interests (Pty) Ltd at its expense.

3.9.4 That in the event of objections being lodged to the proposed sale of Portion 1 of Erf

260 Umhlanga Rocks 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”.


Portion 1 of Erf 260 Umhlanga Rocks when it statutorily advertised, the matter be

adjudicated by the Internal Appeals Body in accordance with the Spatial Planning

and Land Use Management Act (SPLUMA) of 2013.

3.9.6 That should deproclamation not be successful the contract shall ipso facto lapse and

neither party shall have any claim whatsoever against the other on account thereof.

3.9.7 That in the event of the sale not being finalised within six (6) months from the date

of Council authority being granted, a report be submitted by the Head: Real Estate to

the Bid Adjudication Committee to review the purchase price in line with the current

market value of the property where there has been a change in the market value.


to deviate from the procurement process in order to formally dispose of Portion 1 of

Erf 260 Umhlanga Rocks in terms of Section 36 (1)(a)(v) of the Supply Chain

Management Regulations.

3.9.9 That the Head: Real Estate be authorised to sign all documents necessary to conclude

the alienation transaction.

3.9.10 That the Head: Real Estate be authorised to deviate from the Supply Chain

Management Regulations and negotiate for the acquisition of the requirements at a

market value as indicated on the table below, utilising Regulation 36 (1)(a)(ii) of the

Supply Chain Management Regulations.

PROPERTY OWNER: PEARLS OF UMHLANGA PTY LTD

Property

Description

Proposed Transaction Plan

Number

Approx.

Extent

Market Value (Excl.

VAT)

Rem of Erf

3132 Umhlanga

Rocks

Acquisition of a Right

of Way, Sewer and

Drain and Electric

Cable Servitude

SJ4479/12

A

1272m2 Acquisition by Donation.

No market value attributed

due to nominal impact.

Rem of Erf

3132 Umhlanga

Acquisition of a 5 metre

wide Stormwater

SJ4479/12

A

710m2



Rocks Servitude

PROPERTY OWNER: SOUTHERN SUN HOTEL INTERESTS (PTY) LTD

Property

Description

Proposed Transaction Plan

Number

Approx.

Extent

Market Value (Excl.

VAT)

Portion [A]

(of 1) of Erf

3132 Umhlanga

Rocks

Acquisition of land

from Southern Sun

Hotel Interests (Pty) Ltd

SJ4479/15 1311m2

R7 232 400.00 Rem of Portion

1 of Erf 3132

Umhlanga

Rocks

Acquisition of a

Sewerage Pipeline

Servitude

SJ4479/15 144m2

Rem of Portion

1 of Erf 3132

Umhlanga

Rocks

Acquisition of a Right

of Way Servitude

SJ4479/15 146m2

3.9.11 That subject to the adoption of .6 above, and approval of the Bid Adjudication

Committee pursuant to successful negotiations, the Head: Real Estate be authorised

to sign the relevant agreements and all documents necessary to effect transfer of the

required land and servitude rights to the eThekwini Municipality.

3.9.12 That the City Manager records the reasons for any deviations and report it to the next

meeting of Council and includes it as a note to the Annual Financial Statements in

terms of Section 36(2) of the Supply Chain Management Regulations.

3.9.13 That in the event of negotiations being unsuccessful, the Head: Real Estate be

authorised to expropriate the affected property/servitude rights and to sign all

documents necessary to give effect to the expropriation.

Project No.: S1025 R7 232 400.00 (R7 033 900.00 to be met via Adjustment

Budget 2015/16 on Vote No.: S1062)

ADOPTED

3.10 Irregular Expenditure : 2014-15 Financial Period & 2015-16 Interim Financial Period

(9/1/3):

(Page L14 and attached hereto as Annexure C : Finance and Procurement


With Councillors RJ Crouch, AR Mitchell, A Beetge, RD Macpherson, S Hoosen,

J Singh and D Ganesh of the Democratic Alliance and J Naidoo of the Inkatha

Freedom Party dissenting, it was

The matter was discussed at the Executive Committee meeting on 2016-02-16 and

with Executive Committee Members Mncwango and de Boer dissenting on the basis

that they would not condone irregular expenditure,


3.10.1 That the condonement of Irregular Expenditure by Council amounting

R113.2 million (R35 269 669, R69 917 987 and R8 004 08 as per Annexures A, B &

C of the report by the City Manager dated 2016-02-04, be supported.



3.10.2 That it be noted that goods and services have been received and value for money has

been certified by the respective Heads of Departments

3.10.3 That it be noted that the regularization of expenditure referred to above relates only

to the contravention of Supply Chain Management Policy issues and that depending

on the outcome of further investigations by the Speaker, the City Manager, City

Integrity &Investigations Unit, Line Departments, Municipal Public Accounts

Committee, further action may arise, including disciplinary action, recovery of

monies, and criminal charges being instituted where applicable.

3.10.4 That subject to the approval of Council, a report be submitted to COGTA, National

Treasury and the Office of the Auditor General in terms of Section 32 and Section

170 of the Municipal Finance Management Act No. 56 of 2003.

As some members were not in support of the above-mentioned

recommendations of the Executive Committee, on the basis that such irregular

expenditure was as a consequence of bad planning and improper use of Section

36 of the Supply Chain Management regulations, the matter was put to the vote.

With 154 Councillors present, 100 Councillors (ANC – 95, MF – 4 and IND – 1)

voted in favour and 54 Councillors (DA – 40, NFP – 6, IFP – 6, ACDP – 1 and

COPE – 1) voted against. There were no abstentions recorded.

The above recommendations were, by the majority vote, ADOPTED.

The Democratic Alliance requested a division and their names are recorded

hereunder:

Councillors LM Meyer, R Gokool, TP Collins, ZM Mncwango, S Hoosen,

HU De Boer, S Ngema, P Naidoo, P Davis, RJ Crouch, SV Asbury, AR Mitchell,

WJ Burne, M Johnson, A Beetge, S E Mhlongo, AD Snyman, SNL Mshengu, J

Singh, RJ Lefevre, D Ganesh, DL Du Bois, I Cassimjee, JC Van den Berg, CN

Nofeketa, GM Noyce, NL Graham, CB Langa, SR Naidoo, BA Sutcliffe, S

Ryley, N Munien, RD Macpherson, K Pillay, EL Singh, AM Coen, KR Pillay, D

Pillay, B Singh and DR Pillay

3.11 The Conversion of the Star Seaside Childrens’ Home and the Table Tennis Building

into Social Housing Units (22/7/1/1/3)


(Laid on table)


That in noting that the issue relative to the Conversion of the Star Seaside Childrens’

Home and the Table Tennis Building into Social Housing Units is contained in the

Human and Settlements and Infrastructure Committee Report in respect of that

Committee’s meeting held on 2016-02-10, consideration of the recommendations

thereon be deferred to enable a joint meeting between the Economic Development

and Planning Committee, Human Settlements and Infrastructure Committee and the

Finance and Procurement Committee to be convened in the first instance to consider

the recommendations further.

ADOPTED



4. REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF

JANUARY 2016 (9/1/3)

(Page 32)


4.1 That the monthly report of the City Manager dated 2016-02-02, relative to awards

made by the City for the month of January 2016, as presented, be noted.

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.

4.3 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 SCM Policies and MFMA provisions are observed.

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.

Recommendations 4.1 and 4.2 NOTED and Recommendations 4.3 and 4.4

ADOPTED.

5. REQUIRED AMENDMENTS TO PART C AND PART D OF THE ETHEKWINI

TERMS OF REFERENCE AND DELEGATIONS DOCUMENT (3/2/1)

(Page 50)


5.1 That the following amendments to part C: Systems of Delegations and Part D:

System of Administrative Delegations of the eThekwini Municipality’s Terms of

Reference document (“the main document”) be adopted:-

5.1.1 Ratify all decisions and all necessary actions taken by the Head : Legal and

Compliance and/or all officials acting in terms of delegated authority, in instituting

any legal proceeding, whether such proceeding is pending or current, against any

person, body of person or other legal persona;

5.1.2 Ratify all decisions and all necessary actions taken by the authorized officials of the

Municipality, including the issuing of any notice, in the implementation and

enforcement of any of the provisions contained in the National Building Regulations

and Standards Act;

5.1.3 Approve the insertion of the amended delegation contained in Annexure “A” hereto

in respect of Item 10 of Part C and Item 78 of Part D of the Delegations document;

5.1.4 Approve the substitution of Page 169 with a new Page 169 contained in Annexure

“B” hereto titled “Keeping of Records”;



5.1.5 Approve the substitution of Page 171 with a new Page 171 contained in Annexure

“B1” hereto titled “Part D: Administrative Delegations;

5.1.6 Approve the deletion of Page 170 of the Delegations document entitled “Delegations

Register”; and

5.1.7 Approve the Delegations contained in Annexure “C” in respect of the National

Building Regulations and Standards Act and Annexure “D” in respect of various

approved eThekwini Municipality By-laws, and the insertion of the Delegations into

the respective Part C and Part D of the Delegations document.

ADOPTED.

6. AUTHORITY TO USE SECTION 116(3) OF THE MUNICIPAL FINANCE

MANAGEMENT ACT (MFMA) TO EXTEND CONTRACT SW2011/038:

APPOINTMENT OF COMMUNITY BASED CONTRACTS AND CO-

OPERATIVES APPOINTED VIA POVERTY AND ALLEVIATION

PROGRAMME (9/1/3 & 24/2/6)

(Page L15)

In noting that the approval by the Executive Committee on 2016-02-09, for the

appointment of two hundred and six (206) community based contracts and the

appointment of co-operatives had erroneously excluded R3 278 980 estimated

provision for co-operatives,



authority be granted to extend Contract SW2011/038 of 206 (Two Hundred and Six)

community-based contracts and appointment of co-operatives by additional duration

of nine (09) months from 2016-04-01 to 2016-12-31 or month-to-month until new

appointments are finalized and the additional funds of R31 975 424.00 (Thirty One

Million, Nine Hundred and Seventy Five Thousand, Four Hundred and Twenty Four

Rand) due to the following reasons:

6.1.1 The contract increase is currently subjected to the restriction of 15% above the

original contract value and in terms of the Supply Chain Management Regulations

this process requires implementation of Section 116(3) of the Municipal Finance

Management Act.

6.1.2 The Cleansing and Solid Waste Unit advertised the replacement tender on the

2015-11-13 via WS.6778. However the tender was withdrawn on 2015-11-19 due to

new contract specification which requires a lengthy consultation process with

Councillors and the general public and the new approach is aimed at eliminating

unnecessary conflicts within the project areas, with different communities.

6.2 That subject to the adoption of .1 and .2 above, public notices be advertised in the

relevant print media requesting comments and/or objections to the proposed

amendments to Contract SW2011/038 in line with the requirements of

Section 116 (3) of the Municipal Finance Management Act (MFMA).



Cost Centre : Various 04883 FC No.: 66/14

Amount R31 975 424.00 Provided 2015/2016 and 2016/2017

ADOPTED.

7. REQUEST FOR ETHEKWINI MUNICIPALITY TO PARTNER WITH THE

OFFICE OF THE PREMIER IN HOSTING THE CREATIVE INDUSTRY

SUMMIT ON 26-27 FEBRUARY 2016 AT COASTLANDS HOTEL AND

CONVENTION CENTRE, UMHLANGA (12/6/R)


7.1 That the initiative by the Office of the Premier, in partnership with eThekwini

Municipality to host the Creative Industry Summit to be held at the Coastlands Hotel

and Convention Centre, Umhlanga on 26-27 February 2016, be approved.

7.2 That subject to the approval of .1 above, an amount of R415 000,00 (Four Hundred

and Fifteen Thousand), to cover the costs of Venue Hire and Promotional Material be

allocated towards hosting the Creative Industry Summit.

Vote: 32111.04630 FC. 08/34

ADOPTED.

JS NXUMALO

CHAIRPERSON

_____________________

His Worship the Mayor, Councillor JS Nxumalo presented the Third Report of the

Executive Committee

_______________

THIRD REPORT OF THE EXECUTIVE COMMITTEE (Meeting held on Tuesday, 2016-02-23)




_____________

1. PRESENTATION BY NATIONAL TREASURY : ECONOMIC AND FISCAL

CHALLENGES

(This item was discussed at the Executive Committee on 2016-02-09 and it is worth

noting by full Council)

In the presentation on Economic and Fiscal Challenges by National Treasury it was

highlighted that the South African economic performance was inadequate,

considering that the economy had not recovered as well as the rest of the world.

It was however pointed out that Metros were the engines of the South African



economy and had been growing faster than the National economy. Considering that

slower economic growth could result in a weaker tax revenue growth the challenge to

increase tax that could eventually become unaffordable was mentioned.

Municipalities were cautioned not to expect an increase in grants as growth

projection had been reduced, hence much attention should be given to financial

ratios.

eThekwini Municipality was applauded for its clean audit, especially in areas of

maintaining a good cash ratio, decrease in total borrowings at the end of the financial

year, capital and operating budget spend and decrease in fruitless and irregular

expenditure. Given the serious drought, the issue of water losses was emphasized

with the City being advised to take drastic measures to curb wastages and leakages.

Also the sustainability of the Integrated Rapid Transport Network, (IRPTN) was

considered questionable.

The presentation was accepted with much appreciation by members of the Executive

Committee with various comments submitted, namely; that the issue of water loss

was currently being addressed and could be fast tracked by an increase in grant,

encourage businesses to invest in the City, curb spending on events and focus on job

creation. The effort of His Worship the Mayor, the City Manager and Deputy City

Manager : Finance in attaining a clean audit was commended. An area of concern

was what was perceived to be insufficient subsidy allocated to the KwaZulu-Natal

Province. Taking into account its terrain mention was made that the subsidy currently

received by eThekwini was much lower than other Metros. The highlighting of

potential risks to eThekwini was also welcomed with the issue of unemployment and

fruitful engagement with National Treasury prior to finalization of the budget, being

acknowledged. Another important aspect was fast tracking catalytic projects and

attaching timeframes to the implementation of service delivery.

In conclusion eThekwini was advised that in spite of its finances being in capable

hands, there should be no complacency, especially with regard to borrowing

considering that there was room for more economically active investments. One of

the challenges highlighted was the consistent underperformance of grants, with it

being pointed out that increase in National Treasury grants in the system would result

in much probing by National Treasury on the decision making processes.

It was advised that great risk was associated with additional grants and that self

sustainability was more important than having controls implemented in association

with grants.

The management of the built-environment was pointed out to be the prime issue of

performance, hence the emphasis that catalytic programmes that His Worship the

Mayor had discussed with the Minister in 2015, needed to be fast tracked. EThekwini

was advised to prioritise investment along transport corridors thereby optimizing the

functionality of public transport. In view of the rigged fiscal environment it was

incumbent on each Metro to ensure that more investments were channeled towards

public transport corridors taking cognizance of its huge impact on the economy and

the need to prove that spatial transformation was ongoing.

Given the presentation and discussion,


1.1 That Council notes:-



1.1.1 That eThekwini Municipality is rated high by National Treasury on its financial

management practices and considered to be the biggest driver of economic growth

within the KwaZulu-Natal Province.

1.1.2 That due cognizance be given to the following four critical areas as raised by

National Treasury:-

a. Fiscal consolidation.

b. Instill confidence in the economy.

c. Manage the debt and stabilize or reduce it.

d. Implement efficiency on how to utilize public resources.

1.2 That the City Manager intends engaging National Treasury prior to finalising the

budget process with a view to taking calculated decisions in an endeavour to focus

on key priority areas, namely; job creation, debt monitoring, grants monitoring and

proper planning and timeframes on the implementation of catalytic projects.

NOTED.

2. ETHEKWINI MUNICIPALITY ADJUSTMENTS BUDGET : 2015/2016 (7/1/3/2)

(Letter dated 2016-01-19 Circulated separately)

The Executive Committee noted that the Adjustments Budget 2015/16 has been

interrogated at the Support Committee level. The Democratic Alliance indicated that

input was still to be obtained from its Caucus. It was then agreed to approve the

adjustment budget subject to input from Caucuses.

Accordingly,


2.1 That in accordance with the provisions of Section 28 of the Municipal Finance

Management Act and in compliance with the Municipal Budget and Reporting

Regulations, the adjustments to the 2015/2016 Budget as reflected in Annexure ‘A’

of the report of the City Manager dated 2016-02-03, be approved, together with the

budget tables, it being recorded that further input, if any, will be presented for

Council to thereafter give final adoption.

2.2 That the Adjustment Budgets of the Municipal Entities as approved by the respective

Board of Directors and reflected in Annexure ‘B’ of the report of the City Manager

dated 2016-02-03, be noted in compliance with Section 87 of the Municipal Finance

Management Act.

MOTION TO AMEND

In terms of Rule of Order 20(4), Councillor SZ Xulu, seconded by Councillor

NF Shabalala, moved as a procedural motion that the above-mentioned

recommendations of the Executive Committee be amended by the addition of

the following paragraph 2.3:-

“2.3 That departments be requested to submit reports on all projects that

were on the original budget but could not be implemented due to

unforeseen circumstances and that such projects be prioritized in the

Medium Term Expenditure Framework Budget.”



CARRIED

As some Members were not in support of above-mentioned motion to amend,

the matter was put to the vote. With 159 Councillors present, 113 Councillors

(ANC - 102, MF – 3, IFP – 6, COPE – 1 and IND - 1) voted in favour and 46

Councillors (DA - 39, NFP - 7) voted against. There were no abstentions

recorded.

The above mentioned Motion to Amend was by the majority vote CARRIED.

Discussion thereafter reverted to the substantive motion, as amended. As some

Members were not in support of same, the matter was put to the vote. With 158

Counciilors present, 111 Councillors (ANC -99, MF – 3, IFP – 6, ACDP,- 1

COPE – 1 and IND - 1) voted in favour and 47 Councillors (DA - 40, NFP - 7)


It was thereafter, by the majority vote

RESOLVED:

2.1 That in accordance with the provisions of Section 28 of the Municipal Finance

Management Act and in compliance with the Municipal Budget and Reporting

Regulations, the adjustments to the 2015/2016 Budget as reflected in Annexure

‘A’ of the report of the City Manager dated 2016-02-03, be approved, together

with the budget tables, it being recorded that further input, if any, will be

presented for Council to thereafter give final adoption.

2.2 That the Adjustment Budget of the Municipal Entities as approved by the

respective Board of Directors and reflected in Annexure ‘B’ of the report of the

City Manager dated 2016-02-03, be noted in compliance with Section 87 of the

Municipal Finance Management Act.

2.3 That departments be requested to submit reports on all projects that were on

the original budget but could not be implemented due to unforeseen

circumstances and that such projects be prioritized in the Medium Term

Expenditure Framework Budget.


hereunder:

Councillors LM Meyer, R Gokool, TP Collins, ZM Mncwango, S Hoosen,

HU De Boer, S Ngema, P Naidoo, P Davis, RJ Crouch, SV Asbury, AR Mitchell,

WJ Burne, M Johnson, A Beetge, S E Mhlongo, AD Snyman, SNL Mshengu, J

Singh, RJ Lefevre, D Ganesh, DL Du Bois, I Cassimjee, JC Van den Berg, CN

Nofeketa, GM Noyce, NL Graham, CB Langa, SR Naidoo, BA Sutcliffe, S

Ryley, N Munien, RD Macpherson, K Pillay, EL Singh, AM Coen, KR Pillay, D

Pillay, B Singh and DR Pillay



3. DISPLAY OF ELECTION/REGISTRATION POSTERS (21/13/1/2/1)

(Page 21)

The meeting was informed that the Municipality reserves the right to relax certain

By-laws to accommodate the erection of election posters by different Political

Parties. It was agreed that stakeholders should be notified of this relaxation to avoid

the removal of election posters in certain areas.


3.1 That Council approves the waiving of restrictive By-laws with specific reference to

the following:

3.1.1 That the current prescribed tariffs be waived, instead, applications be accompanied

by a deposit of R200.00 (Two Hundred Rand) for every Ward where posters will

be placed.

3.1.2 That the number of posters be restricted to 800 per Party per Ward.

3.1.3 That election/registration posters be permitted only on Council electricity light poles

and not on directional signs and traffic lights, it being recorded that this is also

applicable to the City Centre.

3.1.4 That Ruth First (M4 North Bound); Inkosi Albert Luthuli Freeway (Southern);

Higginson Highway; and Beach Front be open to outdoor advertising only 3 weeks

before elections and only flying banners are permitted.

3.1.5 That the use of wall murals for election purposes be permitted.

3.1.6 That only standard size A1 posters be permitted.

3.1.7 That all applications will still need to be done via an application to General

Adverting Branch of Development Planning, Environment and Management Unit to

ensure compliance with other aspects of the By-law.

3.1.8 That the approval of this recommendation is limited to 2016 Local Government

elections only and will commence from date of resolution except where stated.

3.1.9 That after election period, failure to remove posters will result in the Municipality

removing posters and recovering any costs incurred from the Party concerned at the

current applicable removal rate per poster.

3.2 That the routes and areas under items 3.1.3 and 3.1.4 above are part of what is called

Area of Control in terms of the Signage and Outdoor Adverting By-laws and the

reasons for waiving of restrictive By-laws are indicated in the table below:-

Area of Control Type of an Area of

Control

Period of Waving

Restrictive By-law

Reason for Waving Restrictive By-law

Ruth First

(M4 North

Bound)

Area of maximum

control

3 weeks Advertising will take place during election

period and that third advertising is not

envisaged. The message will be constant and

not likely to contribute in causing any accident

and only flying banners should be permitted.



Area of Control Type of an Area of

Control

Period of Waving

Restrictive By-law

Reason for Waving Restrictive By-law

Inkosi Albert

Luthuli Freeway

(Southern)

Area of maximum

control






Higginson

Highway

Area of maximum

control






Beaches Area of maximum

control under Natural

Landscape

3 weeks The area is used mainly by pedestrians and

who may be targeted population for elections.

Only flying banners will be permitted in this

precinct and the erection of posters will be

strictly prohibited.

3.3 That Council notes that the recommendations to waive By-laws have been made

taking into account the following conditions:-

3.3.1 The number of posters being restricted to 800 per Party per Ward.

3.3.2 Not more than 2 (two) posters (back to back) per Party per pole.

3.3.3 No posters shall be erected at a height less than 2.5 metre from the underside of the

poster to the ground and no poster shall be erected on traffic signs including robots,

directional signs and warning signs.

3.3.4 No posters shall be erected on the Western Freeway, N3, N2, Higginson Highway,

M7, M13, Northern Freeway, Southern Freeway, around the City Hall, the ICC and

the Beach Front. (upper and lower Marine Parade/Snell Parade).

3.3.5 No posters shall be displayed/pasted on bridges, walls, trees etc.

3.3.6 All posters shall be confined to electricity lamp poles.

3.3.7 All registration posters shall be removed within 14 (fourteen) days after the close of

the Voters Roll.

3.3.8 All Parties undertake to remove all posters and backing within 30 (thirty) days of

Government elections.

3.3.9 In the event of any breach by a Party, the Municipality (via the Development

Planning Unit) shall contact the Party concerned and removal of posters shall be

effected within 2 (two) days of such contact (telephone or written).

3.3.10 Failure to comply shall result in the Municipality removing posters and recovering

any costs incurred from the Party concerned at the rate of R50,00 (Fifty Rand) per

poster.

ADOPTED.



4. ETHEKWINI MUNICIPALITY BACK-TO-BASICS REPORT FOR THE MONTH

ENDED 31 JANUARY 2016 (2/3/2/1/2)

(Page 25)

The Back-to-Basics report was regarded as an effective performance monitoring tool

for the Municipality to make interventions where required. The City Manager was

requested to prioritise strengthening the Ward Committee function for the City to

utilise this structure to address service delivery issues, amongst other things.

Strengthening capacity within the office of the Speaker was regarded a key priority

to achieve Ward Committee effectiveness. Determining clear reporting lines was also

considered important for accountability purposes. Ward Councillors were

encouraged to support the Ward Committee function in their respective Wards.

The other elements of the Back-to-Basics report were discussed and it was requested

that interventions be made where necessary to ensure the Municipality achieve its

performance targets.


That the Back-to-Basics report outlining progress by the eThekwini Municipality in

achieving its performance indicators during the month ended 31 January 2016,

compiled as per the requirement in terms of Circular No. 47 of 2014 from the

Department of Co-operative Governance and Traditional Affairs, with a view to

analysing the state of local governance and make informed assessment to support and

intervene where required, be noted.

NOTED.

5. APPLICATION IN TERMS OF CHAPTER 2 OF THE KWAZULU-NATAL

PLANNING AND DEVELOPMENT ACT NO. 6 OF 2008, READ IN

CONJUNCTION WITH SECTION 42(3) OF THE SPATIAL PLANNING AND

LAND USE MANAGEMENT ACT NO. 16 OF 2013 FOR THE REZONING OF

PROPOSED PORTION 52 (OF 24) OF ERF 12 ZEEKOE VALLEI AND PORTION

60 OF ERF 12 ZEEKOE VALLEI FROM GENERAL INDUSTRIAL TO

EXISTING STREET, THE AMENDMENT OF THE DURBAN SCHEME TO

INCLUDE SPECIAL ZONE: CHINA CITY AND SUCCESSIVELY THE

REZONING OF PORTION 58 OF ERF 12 ZEEKOE VALLEI FROM GENERAL

INDUSTRIAL TO SPECIAL ZONE: CHINA CITY SITUATED AT 239 AND

269 INANDA ROAD (21/7/3)

(Page 30)

The report on the completion of the rezoning as stipulated above was received with

appreciation. Management noted the views contributed that consideration should be

given to speeding up the process of approving rezoning applications to promote

investor confidence. Confirmation was given by Management that the programme

relating to Doing Business in South Africa is being implemented effectively as part

of promoting investments within the City. Whilst committing to improving

processes, clarity was given that the delays in finalising the rezoning in question was

partly due to the delays on the side of the applicant to finalize transactional processes

for the purchase of land as well as land regularisation processes.




5.1 That the application in terms of Section 13(1)(a) of the KwaZulu-Natal Planning and

Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 42(3) of

the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013), to

amend the Durban Scheme by the inclusion of a new Special Zone: China City, be

approved for the following reasons:

5.1.1 Notwithstanding the fact that Spatial Development Framework (SDF) designated

land use of this site is industrial, it is the considered opinion of the Department that

the character of the area has altered to such an extent that the preferred designated

SDF land use would better serve the area if it was of a mixed use nature.

5.1.2 The amendment of the Durban Scheme to allow for proposed Special Zone: China

City will allow for a unique Zone which brings a commercial/retail aspect to an

industrial hub in the City. The trend being developed and aspired for the good of the

people who work and live in the area and surrounds. The introduction of this Special

Zone offers a unique variation of land uses which introduced into the industrial hub

and promote job opportunities.

5.1.3 The proposed special zone will allow for efficient land use in the Peter Road area as

it will yield a higher threshold for social facilities in the area.

5.1.4 The proposed development upholds consistency of land use in the area in that it is

introducing a legal commercial and retail component to the existing infrastructure on

the site.

5.1.5 The development in its unique character is unlikely to cause negative precedence in

the area. The site allows for the 25 meter height restriction which is the exact same

height restriction of the surrounding zones with minimal impact on surrounding sites.

5.1.6 The amenity of this very busy area will not be compromised by the proposed and

existing commercial land use.

5.1.7 The Special Zone has taken into account Spatial Efficiency intended at ensuring the

optimal use of existing resources and infrastructure, these being key development

principles

5.1.8 The comments given by the line Departments which include; Drainage and Coastal,

Metro Waste Water and Electricity have illustrated that the infrastructure provision

on the site is able to cope with the proposed densities on the site. The relevant road

upgrades required for the proposed development has been approved in terms of the

Council’s resolution dated 03 December 2015.

5.1.9 The proposed zone is unlikely to have any significant negative impact on the

surrounding area.

5.1.10 The application site has no environmental significance and does not fall within the

Municipality’s DMOSS area and neither does the site present any unique or natural

features to trigger any environmental assessment in terms of the National

Environmental Management Act ( NEMA) Regulations.

ADOPTED.



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

(Page 68)

A need to increase Durban Transport Fare was presented, which increase was in line

with the contractual obligations by the parties and has also been informed by an

independent assessment. The attention was drawn to the fact that the bus fare

increment has not been effected the previous year.

Views were submitted on the proposed increase it being acknowledged that the bus

fare increase is required but others considering the reduction of an increase

from 9% to at least 5% to provide relief to commuters. This view was based on the

argument that the City has already made savings on capital costs. Other views,

supported by legal and financial perspectives, took into consideration that the fare

increase was a requirement in terms of the existing contract and that non-compliance

will be regarded as defaulting on the contractual obligations by the parties. With the

bus fare having not been increased the previous year mention was made that the

City was facing financial claims from the Bus Operator for the deficit incurred as a

result. Meanwhile, Management was requested to speed up the process of

establishing the Municipal Entity to operate Durban Transport within the terms and

conditions of the Municipality.

Whilst the need to increase the bus fare was acknowledged, the implementation date

of 01 March 2016 was considered unreasonable taking into account that commuters

need to be notified in advance. It was then agreed that the implementation date be

changed to 01 April 2016.

With the Democratic Alliance dissenting on the basis that this matter requires critical

analysis with further information being furnished to weigh financial options and

make an informed decision,


6.1 That, in line with Clause 25.2 of the Durban Transport Contract stipulating that fares

must be increased annually, the fare increase of 9 percent as recommended by

Transport Economic Support Services after undertaking an independent assessment

of the actual cost increase in fuel; labour; and other operating costs, be approved, for

implementation with effect from 01 April 2016 to keep up with inflation and

operating costs and to allow the current levels of service to be maintained.

6.2 That the normal process of obtaining prior approval on fare increase from the

Economic Development and Planning Committee be waived due to the urgency of

the situation.

MOTION TO AMEND

In terms of Rule of Order 20(4), Councillor NF Shabalala, seconded by

Councillor SZ Xulu, moved as a procedural motion that the above-mentioned

recommendations of the Executive Committee be amended in 6.1 thereof by the

deletion of the last word “maintained” and by the substitution therefor of the

word “improved” and thereafter by the addition of the words “and thereafter

the process of implementation of the Municipal Entity be fast tracked within the

time frame of 2016-07-01” to read as follows:-



“6.1 That, in line with Clause 25.2 of the Durban Transport Contract

stipulating that fares must be increased annually, the fare increase of 9

percent as recommended by Transport Economic Support Services

after undertaking an independent assessment of the actual cost increase

in fuel; labour; and other operating costs, be approved, for

implementation with effect from 01 April 2016 to keep up with inflation

and operating costs and to allow the current levels of service to be

improved and thereafter the process of implementation of the

Municipal Entity be fast tracked within the time frame of 2016-07-01.”

CARRIED

Some Members were not in support of above-mentioned motion to amend,

contending that the item under consideration related to an increase in bus fares

which had no relevancy to the proposed amendment and therefore such motion

was not legally competent.

The Head : Legal Services and Compliance, having clarified that the proposed

amendment was legally competent, since reference was made in the preamble

hereof to the establishment of the Municipal Entity, the matter was put to the

vote. With 149 Councillors present, 104 Councillors (ANC - 91, MF – 3, NFP - 7,

ACDP – 1, COPE – 1 and IND - 1) voted in favour and 45 Councillors (DA - 39,

IFP - 6) voted against. There were no abstentions recorded.

The above mentioned Motion to Amend was, by the majority vote, CARRIED.

REFERENCE BACK

In terms of Rule of Order 20(1)(c), Councillor WJM Burne, seconded by

Councillor M Meyer, moved as a procedural motion that the above-mentioned

recommendations of the Executive Committee be REFERRED BACK to that

Committee for further consideration in respect of the following:

- A detailed analysis of the operational income and expenses used on the

information and data furnished by the Intervention Team.

- The impact of the postponement of any fare increase from 2016-04-01

to 2016-07-01.

NOT CARRIED

As some members were not in support of the above-mentioned motion to refer

back, the matter was put to the vote. With 153 Councillors present,

39 Democratic Alliance Councillors voted in favour and 107 Councillors

(ANC - 95, MF – 3, IFP – 6, ACDP – 1, COPE – 1 and IND - 1) voted against.

Seven NFP Councillors abstained from voting.

The motion to refer back was NOT CARRIED.

Discussion thereafter reverted to the substantive motion, as amended, and as

some Councillors were not in support thereof, the matter was put to the vote.

With 157 Councillors present, 112 Councillors (ANC – 99, MF – 3, NFP – 7,

ACDP – 1, COPE – 1 and IND – 1) voted in favour and 45 Councillors (DA – 39

and IFP – 6) voted against. There were no abstentions recorded.



Whereafter, it was

RESOLVED:

6.1 That, in line with Clause 25.2 of the Durban Transport Contract stipulating that

fares must be increased annually, the fare increase of 9 percent as

recommended by Transport Economic Support Services after undertaking an

independent assessment of the actual cost increase in fuel; labour; and other

operating costs, be approved, for implementation with effect from 01 April 2016

to keep up with inflation and operating costs and to allow the current levels of

service to be improved and thereafter the process of implementation of the

Municipal Entity be fast tracked within the time frame of 2016-07-01.

6.2 That the normal process of obtaining prior approval on fare increase from the

Economic Development and Planning Committee be waived due to the urgency

of the situation.


hereunder:

Councillors LM Meyer, R Gokool, TP Collins, S Hoosen, HU De Boer, S Ngema,

P Naidoo, P Davis, RJ Crouch, SV Asbury, AR Mitchell, WJ Burne, M Johnson,

A Beetge, S E Mhlongo, AD Snyman, SNL Mshengu, J Singh, RJ Lefevre, D

Ganesh, DL Du Bois, I Cassimjee, JC Van den Berg, CN Nofeketa, GM Noyce,

NL Graham, CB Langa, SR Naidoo, BA Sutcliffe, S Ryley, N Munien, RD

Macpherson, K Pillay, EL Singh, AM Coen, KR Pillay, D Pillay, B Singh and

DR Pillay.

7. REQUEST FOR AUTHORITY FOR EVENT LEVERAGING, DESTINATION

PROMOTION AND PARTNERSHIP AT THE VOCACOM DURBAN JULY

(20/1/4/3)

(Page 80)


7.1 That Council approves the City’s participation funding with the Vodacom Durban

July regarding the hosting of the event on 02 July 2016 to offer the City maximum

leveraging benefits in the form of (a) destination promotion leveraging through event

partnership with Gold Circle; (b) Durban Tourism brand and destination activation at

the Vodacom July through a partnership with the Royal Golf Club House for the

exclusive location of staging the activation; and (c) Durban July Local fashion talent

development through the partnership with Gold Circle, a component of the Durban

Fashion Development Programme.

7.2 That Council approves a 3-year event partnership financial commitment stipulated

below:-

EVENT NAME PERIOD

OF

OCCURRENCE

RECOMMENDED SUPPORT AMOUNT

2015/2016

Previous

Funding

2016/2017 2017/2018 2018/2019

Vodacom Durban July July R350 000.00 R350 000.00 R371 000.00 R393 260.00



Durban July – Destination

and Brand Activation

July R2 500 000.00 R2 500 000.00 R2 650 000.00 R2 809 000.00

Durban July – Fashion

Show Local Talent

development

July R500 000.00 R500 000.00 R530 000.00 R561 800.00

Total Amount Excluding

VAT

R3 350 000.00 R3 350 000.00 R3 551 000.00 R3 764 060.00

VAT R469 000.00 R469 000.00 R497 140.00 R526 968.40

Total Including VAT R3 819 000.00 R3 819 000.00 R4 048 140.00 R4 291 028.40

7.3 That the Head: Business Support, Tourism and Markets be authorised to negotiate

and conclude contracts with the event owners and also facilitate and monitor the

execution of these events.

7.4 That subject to the approval of .1 .2 and .3 above, the Head: Business Support,

Tourism and Markets keeps the Council informed of progress and the ultimate

outcome as a result of participation in the Vodacom Durban July.

Budget Vote: R3 350 000.00 (Excluding VAT) To be provided in 2016/2017

R3 551 000.00 (Excluding VAT) To be provided in 2017/2018

R3 764 060.00 (Excluding VAT) To be provided in 2018/2019

FC No.: 13/01

ADOPTED

8. TO APPRAISE COUNCIL OF THE PLANNING APPEALS AUTHORITY IN

COMPLIANCE WITH SECTION 51 OF THE SPATIAL PLANNING AND LAND

USE MANAGEMENT ACT 16 OF 2013 (21/12/1/1)

(Page 92)

The Spatial Planning and Land Use Management Act (SPLUMA) makes provision

for the Executive Committee to be constituted as the Planning Appeals Authority and

can sub-delegate such responsibility. Alternatively, the Executive Committee can

appoint an external Appeals Authority. Given the options, it was agreed that the

Executive Committee will become the Planning Appeals Authority and delegate this

responsibility to the Town Planning Committee.

Accordingly,


That, in line with the requirements of Section 51 of the Spatial Planning and Land

Use Management Act 16 of 23, the Executive Committee be constituted to hear all

planning appeals; retains the appeals coming from the Municipal Planning Tribunal;

and sub-delegate the appeals from the internal processes to the Town Planning

Committee, it being recorded that this process is more efficient in terms of achieving

good turnaround time to address and finalize appeal matters.

MOTION TO AMEND

In terms of Rule of Order 20(4), Councillor LM Meyer, seconded by Councillor

RJ Lefevre, moved as a procedural motion that the above-mentioned



recommendations of the Executive Committee be amended to indicate that the

appeals coming from the Municipal Planning Tribunal be delegated to an

external independent Appeals Authority.

As the above-mentioned motion to amend was deemed to be legally incompetent

it was not considered any further.

As some members were not in support of the above-mentioned recommendation

of the Executive Committee, the matter was put to a vote. With 154 Councillors

present, 115 Councillors (ANC – 99, MF – 3, NFP – 6, IFP – 4, ACDP – 1,

COPE – 1 and IND – 1) voted in favour and 39 Democratic Alliance Councillors


The above-mentioned recommendation of the Executive Committee was, by the

majority vote, ADOPTED.


hereunder:

Councillors LM Meyer, R Gokool, TP Collins, S Hoosen, HU De Boer, S Ngema,

P Naidoo, P Davis, RJ Crouch, SV Asbury, AR Mitchell, WJ Burne, M Johnson,

A Beetge, S E Mhlongo, AD Snyman, SNL Mshengu, J Singh, RJ Lefevre, D

Ganesh, DL Du Bois, I Cassimjee, JC Van den Berg, CN Nofeketa, GM Noyce,

NL Graham, CB Langa, SR Naidoo, BA Sutcliffe, S Ryley, N Munien, RD

Macpherson, K Pillay, EL Singh, AM Coen, KR Pillay, D Pillay, B Singh and

DR Pillay.

9. SPATIAL DEVELOPMENT FRAMEWORK (SDF) REVIEW 2016/2017 (21/5/1)

(Page 126)

The review process of the Spatial Development Framework (SDF) 2016/17 was

submitted for noting, it being recorded that the SDF will be officially approved by

Council in May 2016. It was recommended that the SDF be noted and referred to

Support Committees for detailed discussion under the guidance of the relevant

officials. It was also agreed that a workshop will be held to take the Executive

Committee through salient features of the SDF to obtain better understanding of the

implications associated therewith prior to the SDF adoption in May 2016.

On this basis,


9.1 That Council notes the Spatial Development Framework (SDF) Review 2016/2017,

as contained in the Executive Committee Agenda dated 2016-02-23 and that the

review process has focused on (i) addressing comments made by the MEC for

Co-operative Governance and Traditional Affairs on final SDF 2014/15 and 2015/16;

(ii) addressing SPLUMA (Act No. 16 of 2013) compliance; (iii) cross boarder

engagements and mapping to align spatial planning within the sub-region; (iv)

updating information to align with Council adopted spatial plans and strategies; (v)



sector meetings to align with Municipal and Provincial sector plans; (vi) alignment

with other policy initiatives at a National, Provincial and Municipal level; (vii)

standardisation of Geographic Information System (GIS) mapping in the SDF and

full package of plans; (viii) revisions based on the Demarcation Board’s re-

demarcation decisions which will take effect in 2016; and acknowledging the

limitations of the SDF and identifying mechanisms to address these.

9.2 That Council notes that comments to be received during the public consultation

process and the budget hearings will be considered and the amended final draft

Spatial Development Framework 2016/2017 will be prepared and tabled for adoption

by Council in May 2016 for subsequent submission to the MEC for COGTA as per

the statutory requirement.

9.3 That the Spatial Development Framework Review 2016/17 be referred to Support

Committees for consideration under the guidance of the relevant officials to

understand all implications associated therewith prior to approving the SDF

in May 2016.

ADOPTED

10. TRANSFER OF DISCRETIONARY GRANT FUNDING FROM

CONSTRUCTION EDUCATION AND TRAINING AUTHORITY TO

ETHEKWINI MUNICIPALITY FOR THE IMPLEMENTATION OF THE

CONSTRUCTION LEARNERSHIP PROGRAMME (7/4/2)

(Page L1)

The initiative made by the eThekwini Municipality through the Business Support

Unit to source funding from the Construction Education and Training Authority

(CETA) to provide formal career path opportunities to up skill learners for job

opportunities was greatly applauded. It was noted though that the original application

covered various career paths but that approval has been given for Supervision -

Construction Processes and Construction Health and Safety.

With the Municipality being required to grant permission for the transfer of CETA

funds,


10.1 That authority be granted to the Head: eThekwini Municipality Academy to create a

Vote dedicated to the Construction Learnership Programme for the Construction

Education Training Authority (CETA) to transfer an amount of R5 040 000.00

(Five Million and Forty Thousand Rand) to implement a 12-month Construction

Learnership Programme.

10.2 That subject to the adoption of .1 above, the Head: eThekwini Municipality

Academy and the Head: Business Support, Tourism and Markets enter into a Service

Level Agreement with Abanguni College of South Africa; Clean Heat Academy; and

CETA in order to process their payments as well as the learner’s stipends.

10.3 That the Head: eThekwini Municipality Academy and the Head: Business Support,

Tourism and Markets monitor the project and keep Council updated of the progress

of the Learnership Programme.



ADOPTED

11. REPORT OF THE ETHEKWINI MUNICIPALITY AIDS COMMITTEE

MEETING HELD 2016-02-17

(Page 554)

This report containing issues discussed at the eThekwini Municipality Aids

Committee meeting held on 2016-02-17 is submitted to Council for noting, in line

with the requirements that Council should be updated on the City's interventions to

address issues of HIV/AIDS and related matters:

11.1 Concerns by Civil Society Representatives:

The Civil Society Representative presented their concerns with regard to

administrative issues pertaining to the functioning of the Aids Committee. The issues

raised include the following:-

● Lack of progress to finalise issues impacting the Committees' Terms of

Reference to give clarity on certain issues surrounding the functioning of the

Committee.

● Lack of consultation with the Civil Society on Committee issues.

● Lack of transparency on the activities of the Committee.

● Lack of administrative support from the Municipality for the Civil Society

to convene their meetings.

● Lack of effective co-ordination for the dissemination of agendas and

minutes to all members of the Civil Society.

The above concerns were noted,


11.1.1 That Council notes that coordination of meetings and activities of the Aids

Committee will now be centralized within the office of the Mayor and be undertaken

in consultation with Civil Society Representatives.

11.1.2 That pre-planning meetings will be held between officials from the Health Unit and

the office of the Mayor to agree on issues to form part of the Agenda.

11.1.3 That Civil Society Representatives will be consulted during the preparation of the

Agenda to enable them to submit reports to form part of the Agenda.

NOTED

11.2 Hosting of Fast Tracking Cities Conference:

Having noted the programme relative to the Fast Tracking Cities Conference which

has its own funding and has already been adopted by Council,




That Council notes that the Deputy City Manager: Community and Emergency

Services has been tasked to liaise with the office of the Mayor to ensure progress in

logistical arrangements for the hosting of the Fast Tracking Cities Conference

scheduled to take place in March 2016.

NOTED

11.3 Aids Committee Budget:


That Council notes that budget proposal for the Aids Committee will be discussed by

the office of the Mayor together with the Deputy City Manager: Community and

Emergency Services and thereafter provide feedback report to the Aids Committee.

NOTED

11.4 EThekwini Aids Council Report for Quarter 3:

The Health Unit presented programmes implemented to address issues related to HIV

and Aids as well as other related matters during the third quarter of the 2015/16

financial year. Areas needing improvements were highlighted and the Unit were

commended for showing progress in the fight against HIV/AIDS and related matters.


11.4.1 That the Fast Tracking Cities Conference be utilized to find solution on areas

requiring improvements as highlighted in the report by the Deputy City Manager:

Community and Emergency Services.

11.4.2 That Council notes that Civil Society undertakes to play active role to address,

amongst other things, the following issues:-

11.4.2.1 Theft and selling of ARVs to the Public by the Health officials.

11.4.2.2 Cases of abuse against children and attendance at court cases and picketing during

such court cases.

11.4.2.3 Victim of Abuse being taken advantage of by some Health officials.

Recommendation 11.4.1 ADOPTED and Recommendation 11.4.2 NOTED

11.5 General Issues raised by the Civil Society Representatives:

The following issues were raised and noted by the Committee:

● Lack of communication in some of the War Rooms and certain community

structures not functional.

● Unacceptable behaviour by Clinic staff towards youth resulting in them

avoiding clinic visits.

● Formation of Ward Aids Council Structures which requires the involvement

and assistance of the Civil Society in conjunction with the Ward

Councillors.

● Ensuring good working relationships between Ward Councillors and Civil

Society Representatives.

NOTED



11.6 Draft Constitution of the eThekwini Aids Council:

The Legal and Compliance Services was requested to expedite the process of

finalising issues pertaining to the draft Constitution of the eThekwini Aids Council in

relation to the existing Terms of Reference of the Committee.


That Council notes that Legal and Compliance Services Unit has completed the

benchmarking process undertaken to establish practice in other District

Municipalities regarding the functioning of the Aids Committee and is awaiting a

leadership mandate to present legal opinion in this regard to the Aids Committee

with a view to discussing and agreeing on the status of the draft Constitution in

relation to the existing Terms of Reference of this Committee.

NOTED

JS NXUMALO

CHAIRPERSON

(At this stage of the proceedings Councillors AN Shabalala, MK Mthembu, BT

Gumede, SS Butelezi, MAK Dladla, PM Sibiya, DM Shozi, TJ Ncane, P Naidoo,

VE Gebashe and ZV Nzama recused themselves from the meeting and

Councillor WL Mapena, in his capacity as Chairperson of the Ethics

Committee, presented the First Report of the Ethics Committee).

FIRST REPORT OF THE ETHICS COMMITTEE (Meeting held on 2016-02-17)

PRESENT : Councillors WL Mapena (Chairperson), NL Graham, TJ Gumede,

S Hoosen, MQ Magwaza, LM Mhlongo-Ntaka, SNL Mshengu, VOO Qulo

and PS Sishange.

ABSENT : Councillor DF Mncwabe (on leave - Indisposed).

______________

FINDINGS AND RECOMMENDATIONS IN RESPECT OF COUNCILLOR’S IN

ARREARS : QUARTER ENDED JULY 2015 TO AUGUST 2015 (3/5/1/1)

Hearings in respect of:-

Councillors AN Shabalala, MK Mthembu, BT Gumede, SS Butelezi, MAK Dladla, PM Sibiya,

DM Shozi, TJ Ncane, P Naidoo, Hendrick T Cele, VE Gebashe and ZV Nzama.

1. INTRODUCTION

“My mission in life is not merely to survive, but to thrive, and to do so with some

passion, some compassion, some humor and some style” Maya Angelou



When we are entrusted with the office of responsibility we should at all times strive

not merely to monitor implementation of the rules and regulations but strictly ensure

that we too are in compliance.

It is important that we do not only expect the public to comply with Council by-laws

but we too as custodians of these laws should endeavour to be in compliance.

“The ultimate test of a men is not where he stands in moments of comfort and

moments of convenience, but where he stands in moments of challenge and moments

of controversy.”Martin Luther King Jr.

2. BACKGROUND

On 2015-10-08, the Ethics Committee received a report from the Speaker on possible

non-compliance in relation to Councillors that were in arrears during the period July

to October 2015. The Ethics Committee therefore resolved to conduct its hearings on

2016-01-18, 2016-01-19 and 2016-01-20 in dealing with the alleged non-compliance

of the Code of Conduct for Councillors to ascertain the reasons contributing thereto.

3. HEARINGS

The Hearings were held pursuant to Item 3, Schedule 1 of the Local Government

Municipal Systems Act 2000 and Item 9, Sub-Section 4 of the Rules of Order

By-Law, 2014 as gazetted in the Extraordinary Provincial Gazette of KwaZulu-Natal

dated 11 January 2014.

The Ethics Committee wishes to record that at the outset, it applied the principles of

natural justice that espouses the values that:-

(a) There is a formal procedure;

(b) There is a just and fair procedure;

(c) The presumption of innocent until proven guilty; and

(d) The principle of audi alteram partem rule.

4. COUNCILLOR MELTA KHANYISILE MTHEMBU

4.1 Breach One

It is alleged that Councillor MK Mthembu has been in arrears with eThekwini

Municipality for rates and/or service charges for a period longer than three months

for the properties described as 2 Fresia Court, Walton Place and 54 Zihlehle Road,

Section J Umlazi for the amount of R717,72 (Seven Hundred and Seventeen Rand

and Seventy Two Cents) which is in contravention of Item 12(a) of Schedule 1 of the

Local Government : Municipal Systems Act 32 of 2000.

4.2 Plea on the Breach by Councillor MK Mthembu

In plea to the allegations that she was in arrears with eThekwini Municipality for

rates and/or service charges for a period longer than three months for the properties

described as 2 Fresia Court, Walton Place and 54 Zihlehle Road, Section J Umlazi



which is in contravention of Item 12(a) of Schedule 1 of the Local Government :

Municipal Systems Act 32 of 2000, the Councillor Mthembu pleaded GUILTY.

4.3 Legislation

Municipal Systems Act 32 of 2000

Item 2(b) of Schedule 1 of the Local Government : Municipal Systems Act 32 of

2000 states that: “A Councillor must at all times act in the best interest of the

Municipality and in such a way that the credibility and integrity of the Municipality

are not compromised.”

4.4 Evidence in support of Plea

Councillor Mthembu confirmed the address appearing on the Notice of Inquiry was

incorrect. For property at 2 Fresia Court, Walton Place, she verified that it was not

her property as she resided at No. 3 Fresia Court, Walton Place. She further

confirmed that she did not reside at 54 Zihlehle Road, Section J, Umlazi but resided

at 54 Mbalele Road, Zihlahla. She concurred that the street number was correct,

however the street name was incorrect. She confirmed that the account numbers as

contained in the Utility Bill was correct.

4.5 Presence of Aggravating Factors

4.5.1 The Councillor holds an office that require trust, honesty and accountability.

4.5.2 Councillors are expected to be custodians of the Rules and Regulations of Council.

4.5.3 Councillors are Public Office Bearers and Community Leaders who are required to

be exemplary not only to local Communities they represent, but to the Community at

large.

4.5.4 Failure to pay Rates/Municipal charges by Councillors projects a different message

to Communities at large. Councillors failure to pay Municipal Rates/Services is not

in the best interest of the Municipality but affects service delivery for which Local

Government had been created and as such, tarnishes the image of the Municipality.

4.5.5 Councillors are expected to act in the best interest of the Municipality in such a way

that the credibility and integrity of the Municipality are not compromised.

4.5.6 It was submitted that the offence committed was serious. In deciding on an

appropriate sanction, it was recommended that Councillor Mthembu be issued with a

formal warning for having breached the provision of the Code of Conduct for

Councillors.

4.5.7 The Councillor was remorseful for her actions committed.

4.5.8 In considering whether there were any previous findings against Councillor

Mthembu relative to arrears, it was noted that there were no previous transgressions

identified to prove against the Councillor.

4.6 Presence of Mitigating Factors



In mitigation, Councillor Mthembu accepted that she was in arrears for more than

three months. She acknowledged that Councillors are Public Servants and was

important to lead by example. She accepted full responsibility for her action in being

in arrears and acknowledged that funds paid towards rates/services of the

Municipality were utilised for other services within the Municipality. She was

remorseful in her actions. She stated that as she was liable for two accounts, mishaps

were bound to happen in not contributing towards both accounts consecutively.

4.7 Factors taken in to consideration in deciding an appropriation Sanction

In deciding an appropriate sanction, the Ethics Committee took into consideration the

following factors:-

4.7.1 That Councillor had shown remorse in that she had pleaded guilty to the charges as

indicated in the Notice of Inquiry.

4.7.2 The Councillor acknowledged that Councillors were to lead by example in having to

ensure that Rates/Services of the Municipality were in order.

4.7.3 That in considering whether there were previous transgressions against Councillor

Mthembu in arrears, it was noted that this was the first transgression of the

Councillor.

4.8 Sanction

In terms of the Local Government : Municipal Systems Act 32 of 2000 (Schedule 1)

Section 14(2) should the Council or a special Committee finds that a Councillor has

breached a provision of this Code, the Council may:-

(a) issue a formal warning to a Councillor;

(b) reprimand a Councillor;

(c) request the MEC for Local Government in the Province to suspend a

Councillor for a period;

(d) fine a Councillor; and

(e) request the MEC to remove a Councillor from Office.

4.9 Right to Appeal

Schedule 1, Section 14(3)(a) of the Local Government : Municipal Systems Act 32

of 2000 states that:-

“(3)(a) Any Councillor who has been warned, reprimanded or fined in terms of

paragraph (a), (b) or (d) above, may within 14 days of having been notified

of the decision of Council appeal to the MEC for Co-operative Governance

and Traditional Affairs (COGTA) in writing, settling out the reasons on

which the appeal is based.

(b) A copy of the appeal must be provided to Council.

(c) The MEC for Co-operative Governance and Traditional Affairs (COGTA)

may, after having considered the appeal, confirm, set aside or vary the



decision of the Council and inform the Councillor and the Council of the

outcome of the appeal.”

Accordingly,


4.9.1 That in respect of breach one relative to the Councillors in Arrears during the period

of July to October 2015, Councillor MK Mthembu is in breach of Item 12(a) of

Schedule 1 of the Local Government : Municipal Systems Act 32 of 2000.

4.9.2 That in terms of the Local Government : Municipal Systems Act 32 of 2000

(Schedule 1) of Section 14(2), Councillor MK Mthembu be issued with a formal

written warning for having breached the provision of this Code.

ADOPTED

5. COUNCILLOR BONGANI THULANI GUMEDE

5.1 Breach One

It is alleged that Councillor BT Gumede has been in arrears with eThekwini


for the properties described as 97 Cloeckner Road, Clermont for the amount of

R4 800,10 (Four Thousand Eight Hundred and Ten Rand) which is in contravention

of Item 12(a) of Schedule 1 of the Local Government : Municipal Systems Act 32 of

2000.

5.2 Plea on the Breach by Councillor BT Gumede

In plea to the allegations that he was in arrears with eThekwini Municipality for rates

and/or service charges for a period longer than three months for the properties

described as 97 Cloeckner Road, Clermont which is in contravention of Item 12(a) of

Schedule 1 of the Local Government : Municipal Systems Act 32 of 2000, the

Councillor Gumede pleaded GUILTY.

5.3 Legislation







Councillor Gumede admitted that his account was in arrears for a period of three

months. He confirmed that the property in question was his, however he did not

reside at 97 Cloeckner Road, Clermont. He informed the meeting that he had leased

his property but was liable for rates. In his defence, he stated that the tenants residing

in the said property did not pay the utility bill, hence was settled by him. He reported

of a water leakage inside his property which contributed to high bills and his actions

in lodging a water insurance claim. He reported on challenges experienced when



requesting for an updated water bill. He expressed his dissatisfaction in the recovery

of costs from the Insurance Section as he had received part payments. Regarding his

arrear account, he informed the Committee that had settled the outstanding account

of his tenant prior to lodging an insurance claim.






large.







5.5.6 It was submitted that the offence committed by Councillor BT Gumede was serious.

In deciding on an appropriate sanction, it was recommended that Councillor Gumede

be issued with a formal warning for having breached the provision of the Code of

Conduct for Councillors.

5.5.7 In considering whether there were any previous findings against Councillor Gumede

relative to arrears, it was noted that there were no previous transgressions identified

to prove against the Councillor.


In mitigation, Councillor Gumede accepted that his account was in arrears for the

period July 2015 to October 2015 and that his tenant did pay the accounts until July

2015. He apologised to the Committee for his transgression and made an undertaking

comply with the Code.



following factors:-

5.7.1 The Committee noted that the Councillor was remorseful in his actions, in that he

acknowledged his transgression as he had changed his plea of not guilty to guilty.

5.7.2 The Councillor acknowledged that his account was in arrears even though his tenants

had made part payments. The Committee noted that although a water leakage had

been identified in the property, the account was still in arrears.

5.8 Sanction












5.9 Right to Appeal













Accordingly,



of July to October 2015, Councillor BT Gumede is in breach of Item 12(a) of



(Schedule 1) of Section 14(2), Councillor BT Gumede be issued with a formal


ADOPTED

6. COUNCILLOR STANLEY SAKHEPHI BUTELEZI

6.1 Breach One

It is alleged that Councillor SS Butelezi has been in arrears with eThekwini


for the properties described as 10700 Mzamo Road for the amount of R1 270,94

(One Thousand Two Hundred and Seventy Rand and Ninety Four Rands) which is in

contravention of Item 12(a) of Schedule 1 of the Local Government : Municipal

Systems Act 32 of 2000.



6.2 Plea on the Breach by Councillor SS Butelezi



described as 10700 Mzamo Road which is in contravention of Item 12(a) of

Schedule 1 of the Local Government : Municipal Systems Act 32 of 2000, the

Councillor Butelezi pleaded GUILTY.

6.3 Legislation







Councillor Butelezi informed the meeting that the said property was in joint names of

himself and his mother. He confirmed that he did not reside in the property, however

such property was managed by his immediate family. Regarding the arrears, he

advised that although he did not reside the said property, he had a family

arrangement in place to attend to the payment of bills, however was responsible for

the account. He indicated that he was not informed of the arrears. He confirmed that

he had settled the arrears prior to appearing before the Ethics Committee. He also

reported of a water leakage in his property. He advised that as a Councillor, he was

aware of his responsibilities and did not intend to transgress the Code. It should be

noted that the Councillor did furnish the Ethics Committee with supporting

documents to confirm payment of his account.






large.







6.5.6 It was submitted that the offence committed by Councillor SS Butelezi was serious.

In deciding on an appropriate sanction, it was recommended that Councillor Butelezi





6.5.7 In considering whether there were any previous findings against Councillor Butelezi




In mitigation, Councillor Butelezi apologised for the inconvenience caused in the

non-payment of his account. He indicated that he was always committed towards

paying his Bills. He requested for the Ethics Committee and the Municipality to be

merciful upon him for the non-payment of his utility bill. He also confirmed that he

was aware of the provisions of the Code.



following factors:-

6.7.1 The Committee noted that although Councillor Butelezi appeared before the Ethics

Committee in relation to other matters, however this was his first appearance for

being in arrears. The Committee nonetheless appreciated the Councillor’s loyalty in

settling his arrears.

6.8 Sanction










6.9 Right to Appeal















Accordingly,



of July to October 2015, Councillor SS Butelezi is in breach of Item 12(a) of



(Schedule 1) of Section 14(2), Councillor SS Butelezi be issued with a formal written

warning for having breached the provision of this Code.

ADOPTED

7. COUNCILLOR MUZIWENYANGA AMON KUMAKWABO DLADLA

7.1 Breach One

It is alleged that Councillor MAK Dladla has been in arrears with eThekwini


for the properties described as 19 Majola Street, N Section, Umlazi for the amount of

R893,13 (Eight Hundred and Ninety Three Rand and Thirteen Cents) which is in


Systems Act 32 of 2000.

7.2 Plea on the Breach by Councillor MAK Dladla



described as 19 Majola Street, N Section, Umlazi which is in contravention of Item

12(a) of Schedule 1 of the Local Government : Municipal Systems Act 32 of 2000,

the Councillor Dladla pleaded GUILTY.

7.3 Legislation







Councillor Dladla accepted that he was in arrears. He informed the meeting that he

requested his spouse to pay his arrears on his behalf, however there was a realisation

that his account was not paid. Hence, he was in arrears with the Municipality.








large.







7.5.6 It was submitted that the offence committed by Councillor MAK Dladla was serious.

In deciding on an appropriate sanction, it was recommended that Councillor Dladla



7.5.7 In considering whether there were any previous findings against Councillor Dladla




In mitigation, Councillor apologised to the Ethics Committee for his transgression

and assured the Committee that he would not repeat the above transgression. He

requested the Committee to be lenient towards him when imposing sanctions.


In deciding an appropriate sanction, the Ethics Committee took into consideration

that the Councillor had lost his spouse, hence was inconvenienced from contributing

towards payment.

7.8 Sanction










7.9 Right to Appeal















Accordingly,



of July to October 2015, Councillor MAK Dladla is in breach of Item 12(a) of



(Schedule 1) of Section 14(2), Councillor MAK Dladla be issued with a formal


ADOPTED

8. COUNCILLOR PROFESSOR MBASOBHENI SIBIYA

8.1 Breach One

It is alleged that Councillor PM Sibiya has been in arrears with eThekwini


for the properties described as 172 Hippo Road, Waterloo and 1039 Munga Road,

J Section, KwaMashu for the amount of R3 726,61 (Three Thousand Seven Hundred

and Twenty Six Rand and Sixty One Cents) which is in contravention of Item 12(a)

of Schedule 1 of the Local Government : Municipal Systems Act 32 of 2000.

8.2 Plea on the Breach by Councillor PM Sibiya



described as 172 Hippo Road, Waterloo and 1039 Munga Road, J Section,

KwaMashu which is in contravention of Item 12(a) of Schedule 1 of the Local

Government : Municipal Systems Act 32 of 2000, the Councillor pleaded GUILTY.

8.3 Legislation









Councillor Sibiya confirmed that he was in arrears for the period July 2015 to

October 2015. He informed the meeting of financial challenges experienced in the

payment of his account, hence his account in arrears. He confirmed that he had

overcome his financial difficulties and made payment of R3000,00 towards his

outstanding arrears. He submitted that payments had been deducted from his salary

to pay towards his arrear account.






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8.5.6 It was submitted that the offence committed by Councillor PM Sibiya was serious. In

deciding on an appropriate sanction, it was recommended that Councillor Sibiya be

issued with a formal warning for having breached the provision of the Code of


8.5.7 In considering whether there were any previous findings against Councillor Sibiya




In mitigation, Councillor Sibiya apologised for his transgression and appealed to the

Committee to be lenient towards him when imposing sanctions.


In deciding an appropriate sanction, the Ethics Committee noted that the Councillor

admitted that his account was in arrears as he experienced financial challenges.

Furthermore, the Committee also noted that the Councillor did make arrangements

with the Office of the Speaker to pay towards his arrears.

8.8 Sanction












8.9 Right to Appeal













Accordingly,



of July to October 2015, Councillor PM Sibiya is in breach of Item 12(a) of Schedule

1 of the Local Government : Municipal Systems Act 32 of 2000.


(Schedule 1) of Section 14(2), Councillor PM Sibiya be issued with a formal written


ADOPTED

9. COUNCILLOR DENNIS MZWAMASOKA SHOZI

9.1 It is alleged that Councillor DM Shozi has been in arrears with eThekwini


for the properties described as 75027, Fredville and 2104 Harbor View for the

amount of R4 927,67 (Four Thousand Nine Hundred and Twenty Seven Rand and

Sixty Seven Cents) in contravention of Item 12(a) of Schedule 1 of the Local

Government : Municipal Systems Act 32 of 2000.

9.2 Plea on the Breach by Councillor DM Shozi





described as 75027, Fredville and 2104 Harbor View for the amount of R4 927,67

(Four Thousand Nine Hundred and Twenty Seven Rand and Sixty Seven Cents) in


Systems Act 32 of 2000, the Councillor pleaded GUILTY.

9.3 Legislation







Councillor Shozi informed the Committee that prior to receiving his Notice of

Inquiry, he had made arrangements with the Municipality to deduct payment from

salary to recover costs for his arrears. He submitted that his payment arrangements

were made telephonically with the Treasury Department and he was not requested to

sign documentation to the above effect. The Prosecutor having proven to the

Councillor that no payment arrangements had been made towards his arrears, he

accepted his transgression. He informed the Committee that he was of the view that

he did make arrangements with the Treasury Department to effect payments from his

salary.






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9.5.6 It was submitted that the offence committed by Councillor DM Shozi was serious. In

deciding on an appropriate sanction, it was recommended that Councillor Shozi be





9.5.7 In considering whether there were any previous findings against Councillor Shozi




In mitigation, Councillor Shozi apologised to the Ethics Committee for his actions.

He indicated that as this was his first appearance to the Ethics Committee, he

requested for the Committee to be lenient towards him when imposing sanctions.



that the Councillor had re-considered his plea from not guilty to guilty. Furthermore,

the Committee also noted that the Councillor was interacting with the Treasury Unit

and the Office of the Speaker to have his arrears deducted from his salary.

9.8 Sanction










9.9 Right to Appeal













Accordingly,





of July to October 2015, Councillor DM Shozi is in breach of Item 12(a) of Schedule



(Schedule 1) of Section 14(2), Councillor DM Shozi be issued with a formal written


ADOPTED

10. COUNCILLOR THEMBA JACOB NCANE

10.1 Breach One

It is alleged that Councillor TJ Ncane has been in arrears with eThekwini


for the properties described as 192 Sawfish Road for the amount of R105,39 (One

Hundred and Five Rand and Thirty Nine Cents) which is in contravention of Item

12(a) of Schedule 1 of the Local Government : Municipal Systems Act 32 of 2000.

10.2 Plea on the Breach by Councillor TJ Ncane



described as 192 Sawfish Road which is in contravention of Item 12(a) of Schedule 1

of the Local Government : Municipal Systems Act 32 of 2000, Councillor Ncane is

GUILTY.

10.3 Legislation







Councillor Ncane informed the meeting that he had settled his arrears on 2015-11-11

prior to receiving his Notice of Inquiry to appear before the Ethics Committee. It

should be noted that the Councillor did provide proof of evidence to support his case.






large.









10.5.6 It was submitted that the offence committed by Councillor TJ Ncane was serious. In

deciding on an appropriate sanction, it was recommended that Councillor Ncane be



10.5.7 In considering whether there were any previous findings against Councillor Ncane




In mitigation, Councillor Ncane apologised to the Ethics Committee for being in

arrears with the Municipality. He submitted that he always complied with the Code

of Conduct and it was not his intention to disobey the Code. He also confirmed this

was his first appearance to the Ethics Committee.



following factors:

10.7.1 That Councillor had shown remorse in that he had pleaded guilty to the charges as

indicated in the Notice of Inquiry.

10.7.2 The Councillor acknowledged that Councillors were to lead by example in having to

ensure that Rates/Services of the Municipality were in order.

10.7.3 That in considering whether there were previous transgressions against Councillor

Ncane relating to arrears, it was noted that this was the first transgression of the

Councillor.

10.8 Sanction










10.9 Right to Appeal















Accordingly,



of July to October 2015, Councillor TJ Ncane is in breach of Item 12(a) of Schedule



(Schedule 1) of Section 14(2), Councillor TJ Ncane be issued with a formal written


ADOPTED

11. COUNCILLOR PRAGALATHAN NAIDOO

11.1 Breach One

It is alleged that Councillor P Naidoo has been in arrears with eThekwini


for the properties described as 26 Evergreen Terrace, 95 Montclair Road, 502 Bay

Towers and 123 Dolphin Court for the amount of R8 187,12 (Eight Thousand One

Hundred and Eighty Seven Rand and Twelve Cents) which is in contravention of

Item 12(a) of Schedule 1 of the Local Government : Municipal Systems Act 32 of

2000.

11.2 Plea on the Breach by Councillor P Naidoo



described as 26 Evergreen Terrace, 95 Montclair Road, 502 Bay Towers and 123

Dolphin Court which is in contravention of Item 12(a) of Schedule 1 of the Local

Government : Municipal Systems Act 32 of 2000, Councillor Naidoo is GUILTY.

11.3 Legislation









Councillor Naidoo accepted that he was in arrears from July to October 2015 as he

encountered challenges in his personal life. He informed the Committee that he had

rectified his arrears with the Municipality and ensured that his account was in order.






large.







11.5.6 It was submitted that the offence committed by Councillor P Naidoo was serious. In

deciding on an appropriate sanction, it was recommended that Councillor Naidoo be



11.5.7 In considering whether there were any previous findings against Councillor Naidoo




In mitigation, Councillor Naidoo accepted his transgression of the Code. He

informed the meeting that he always ensured compliance with the Code in terms of

the Local Government : Municipal Systems Act. He apologised for his transgression

caused and for bringing the Municipality into disrepute.



that the Councillor had apologised for his actions and for bringing the Municipality

into disrepute. Furthermore, Councillor Naidoo had accepted that he was guilty for

not settling his arrears and undertook to ensure compliance with the Code.



11.8 Sanction























Accordingly,



of July to October 2015, Councillor P Naidoo is in breach of Item 12(a) of Schedule



(Schedule 1) of Section 14(2), Councillor P Naidoo be issued with a formal written


ADOPTED

12. COUNCILLOR HENDRICK T. CELE

12.1 Breach One

It is alleged that Councillor Hendrick T. Cele has been in arrears with eThekwini


for the amount of R9 632,23 (Nine Thousand Six Hundred and Thirty Two Rand and

Twenty Three Cents) in contravention of Item 12(a) of Schedule 1 of the Local





The Committee noted that Councillor Hendrick T. Cele was scheduled to appear

before the Ethics Committee for an Inquiry on 2016-01-20. However, during the

month of December, the Municipality was informed of his sudden death.

Accordingly,


12.2.1 That the matter involving the alleged breach relative to Councillors in Arrears during

the period July to October 2015 in respect of Councillor Hendrick T Cele, be closed.

ADOPTED

13. COUNCILLOR VUSI EMMANUEL GEBASHE

13.1 Breach One

It is alleged that Councillor VE Gebashe has been in arrears with eThekwini


for the properties described as 79 Khuphuka Grove for the amount of R60,80 (Sixty

Rand and Eighty Cents) which is in contravention of Item 12(a) of Schedule 1 of the


13.2 Plea on the Breach by Councillor VE Gebashe



described as 79 Khuphuka Grove for the amount of R60,80 (Sixty Rand and Eighty

Cents) in contravention of Item 12(a) of Schedule 1 of the Local Government :

Municipal Systems Act 32 of 2000, Councillor Gebashe is GUILTY.

13.3 Legislation







Councillor Gebashe accepted that he was in arrears with the Municipality for the

period July to October 2015. He informed the Committee that the reason for which

contributed to his account being in arrears was that he as well as his Community

members were not receiving their Consolidated Billing Statements monthly. He

indicated that this was of a serious concern and needed to be addressed. He reported

of water leakages in his property. In elaborating on the receipt of bills, he stated that

he was unaware that he could obtain copies of his utility bills from the Treasury Unit.

He expressed concern in this regard, in that he should have been be informed of



outstanding arrears from the Treasury Unit as opposed to the Office of the Speaker to

remind him that he was in arrears.






large.







13.5.6 It was submitted that the offence committed by Councillor VE Gebashe was serious.

In deciding on an appropriate sanction, it was recommended that Councillor Gebashe



13.5.7 In considering whether there were any previous findings against Councillor Gebashe




In mitigation, Councillor Gebashe requested the Committee to be lenient towards

him when imposing sanctions. He made the point that in view of him and his

Community not receiving their utility bills monthly, that this aspect be addressed

accordingly.



that Councillor Gebashe as well as the residents in his area had challenges in the

receipt of monthly Bills. The Committee noted that monthly Consolidated Bills were

not forthcoming in his Area and had impacted on him as well as the residents of his

Community. Further to the above, the Committee also noted the Councillor’s request

to have the above matter addressed accordingly. On that basis, the Committee

resolved to have the said matter referred to the Speaker for investigation.

13.8 Sanction

























Accordingly,



of July to October 2015, Councillor VE Gebashe is in breach of Item 12(a) of



(Schedule 1) of Section 14(2), Councillor VE Gebashe be issued with a formal


ADOPTED

14. COUNCILLOR ZIPHATHELE VINCENT NZAMA

14.1 Breach One

It is alleged that Councillor ZV Nzama has been in arrears with eThekwini


for the properties described as 137 Khonto Circle, Umlazi for the amount of

R2 615,26 (Two Thousand Six Hundred and Fifteen Rand and Twenty Six Cents)

which is in contravention of Item 12(a) of Schedule 1 of the Local Government :

Municipal Systems Act 32 of 2000.

14.2 Plea on the Breach by Councillor ZV Nzama





described as 137 Khonto Circle, Umlazi for the amount of R2 615, 26 (Two

Thousand Six Hundred and Fifteen Rand and Twenty Six Cents) in contravention of

Item 12(a) of Schedule 1 of the Local Government : Municipal Systems Act 32 of

2000, the Councillor is NOT GUILTY.

14.3 Legislation







Councillor Nzama accepted that his account was in arrears. He informed the meeting

of burst pipes in his property and his attempts to resolve same. He reported on the

costs he had incurred to have the matter resolved but expressed concern in relation to

the billing of his water account. He mentioned to the Committee that after his pipes

had been repaired, his water account had increased and inconvenienced him. With

regard to the settlement of his account, the Councillor indicated that he did not settle

his account as he had a pending objection relating to the increased water account and

for a response to be provided on his account being increased. He also reported on

interactions held with the Speaker relating to his arrear account and for arrangements

to have the said account settled pending the conclusion of his objection.






large.







14.5.6 It was submitted that the offence committed by Councillor ZV Nzama was serious.

In deciding on an appropriate sanction, it was recommended that Councillor Nzama



14.5.7 In considering whether there were any previous findings against Councillor Nzama






In mitigation, Councillor Nzama indicated that he always complied with the Code in

having to pay towards his Municipal Bills timeously and did not refuse to make

payment at any given point in time.



following factors:-

14.7.1 The Councillor delayed the Committee from continuing with its proceeding as he had

disputed the allegations held against him.

14.7.2 The Councillor failed to provide the Committee with supporting documentation to

disprove the allegations held against him.

14.7.3 In considering whether there were any previous findings against Councillor Nzama,

it was noted that Councillor Nzama served before the Ethics Committee as his

transgression related to the non-attendance to meetings. However, in respect of the

above hearing, the Committee noted that this was his first appearance for being in

arrears.

14.7.4 The Speaker was aware that the Councillor had made arrangements to pay his arrears

based on his water loss and his pending objection to the matter. It should be noted

that the Councillor did raise his concern with the Water Department in relation to a

faulty water meter.

14.7.5 The Councillor entered a plea of not guilty, however upon consideration of the

submissions made, the Councillor pleaded guilty to the charge.

14.6 Sanction

























Accordingly,



of July to October 2015, Councillor ZV Nzama is in breach of Item 12(a) of



(Schedule 1) of Section 14(2), Councillor ZV Nzama be issued with a formal written


ADOPTED

15. COUNCILLOR ABEGAIL NOMTHANDAZO SHABALALA

15.1 Breach One

It is alleged that Councillor AN Shabalala has been in arrears with eThekwini


for the properties described as Door 2, Orient Gardens, 329 Orient Drive, Isipingo

for the amount of R2 712,02 (Two Thousand Seven Hundred and Twelve Rand and

Two Cents) which is in contravention of Item 12(a) of Schedule 1 of the Local


15.2 Plea on the Breach by Councillor AN Shabalala

In plea to the allegations that she was in arrears with eThekwini Municipality for

rates and/or service charges for a period longer than three months for the properties

described as Door 2, Orient Gardens, 329 Orient Drive, Isipingo is in contravention

of Item 12(a) of Schedule 1 of the Local Government : Municipal Systems Act 32 of

2000, Councillor Shabalala is GUILTY.

15.3 Legislation









The Councillor confirmed that the property in question was under her name, however

the account reflected as arrears belonged the previous owner of her property. She

indicated that although she did not reside in the said property, she ensured payment

towards rates. Regarding the arrear account, she informed the meeting that prior to

her taking occupation of the said property, the account had been in arrears, hence

payment was due by the previous owner. In her defence, she stated that since her

occupation to the said property, she made payment towards the rates and water and

light accounts. However, she submitted that she had made payment towards the

water and light account that was due by her.

She acknowledged that the account was in arrears but disputed the fact that it had

belonged to her. She informed the meeting that upon advice from her Attorney, she

was requested to not make payment towards the arrear amount until such time she

had obtained clearance from the Municipality. She advised that she was incorrectly

advised in the above regard. She further stated that whenever she had made payment

towards her water and light account, the previous owner’s name had appeared onto

her account.






large.







15.5.6 It was submitted that the offence committed by Councillor AN Shabalala was

serious. In deciding on an appropriate sanction, it was recommended that Councillor

Shabalala be issued with a formal warning for having breached the provision of the

Code of Conduct for Councillors.

15.5.7 In considering whether there were any previous findings against Councillor

Shabalala relative to arrears, it was noted that there were no previous transgressions

identified to prove against the Councillor.


In mitigation, Councillor Shabalala informed the Committee that it was not her

intention to be in arrears with the Municipality as she was misled by her Attorney

regarding payment for the arrear amount owed by the previous owner. She confirmed



that the water and light account is currently under her name since November 2015,

however for the months of July, August and September, the account was under the

previous owners name. She submitted that she always ensured her account with the

Municipality was paid monthly and had acknowledged that the account was in

arrears. She apologised to the Ethics Committee for her transgression. She further

apologised to the Committee for having prolonged the Inquiry.



following factors:-

15.7.1 That the arrear amount from July to October 2015 did not belong to her but had

belonged to the previous owner of the said property.

15.7.2 The Councillor was misled by her Attorney as she was advised to not make payments

towards the arrear account. The Councillor undertook to pay the arrear account until

such time the Municipality had addressed the aspect of outstanding arrears under the

previous owner’s name.

15.7.3 That Councillor Shabalala’s arrear account had been settled in full and funds had

been deducted from her salary on 28 November 2015 for the sum of R3 354,03.

15.7.4 Councillor Shabalala accepted her transgression and had changed her plea of not

guilty to guilty.

15.8 Sanction

























Accordingly,



of July to October 2015, Councillor AN Shabalala is in breach of Item 12(a) of



(Schedule 1) of Section 14(2), Councillor AN Shabalala be issued with a formal


ADOPTED

16. APPROVAL OF THE ETHICS COMMITTEE REPORT : MEETINGS HELD ON

2015-11-23, 2015-11-24 AND 2015-11-25


That the Report of the Ethics Committee in respect of the Findings and

Recommendations relative to Councillors in Arrears with eThekwini Municipality

for rates and/or service charges for a period longer than three months, be adopted and

a copy thereof, be submitted to the MEC for Co-operative Governance and

Traditional Affairs for information.

ADOPTED

(At this stage of the proceedings Councillors AN Shabalala, MK Mthembu, BT

Gumede, SS Butelezi, MAK Dladla, PM Sibiya, DM Shozi, TJ Ncane, P Naidoo,

VE Gebashe and ZV Nzama re-entered the meeting and Councillors LN Ndlovu

and ZP Mthethwa recused themselves from the meeting).

(Councillor WL Mapena presented the Second Report of the Ethics Committee)

SECOND REPORT OF THE ETHICS COMMITTEE (Meeting held on 2016-02-17)

PRESENT : Councillors WL Mapena (Chairperson), NL Graham, TJ Gumede,

S Hoosen, MQ Magwaza, LM Mhlongo-Ntaka, SNL Mshengu, VOO Qulo

and PS Sishange.

ABSENT : Councillor DF Mncwabe (on leave - Indisposed).

____________

OUTSTANDING HEARINGS : FINDINGS AND RECOMMENDATIONS IN RESPECT

OF COUNCILLOR NON-ATTENDANCE OF MEETINGS : QUARTER ENDED JULY

TO SEPTEMBER 2015 (3/5/1/1)

Hearings in respect of Councillors LN Ndlovu and ZP Mthethwa.



1. BACKGROUND

The Local Government Municipal Systems Act 32 of 2000, Item 3 of Schedule 1

indicates that: “A Councillor must attend each meeting of the Municipal Council and

of a Committee of which that Councillor is a Member, except when- (a) leave of

absence is granted in terms of an applicable Law or as determined by the Rules and

Orders of the Council; or (b) that Councillor is required in terms of this Code to

withdraw from the meeting.”

Chapter 4, Item 9 of the Rules of Order By-Law, 2014 states that:-

“(1) If a Councillor-

(a) is unable to attend a meeting for which notice has been given;

(b) is unable to remain in attendance at a meeting; or

(c) will arrive after the stipulated commencement time of a meeting.

the Councillor must, as soon as is reasonably possible and prior to that meeting,

lodge with the Speaker an application in writing for leave of absence with reasons

from the whole or part of the meeting concerned.

(2) A leave of absence may not be granted in such a manner as to leave the

meeting inquorate.

(3) Notwithstanding sub-rules (1) and (2) above, an application for leave of

absence from a meeting is deemed to have been granted if the Council has

delegated the relevant Councillor to represent the Council elsewhere.

(4) The Council or a Committee may, subject to sub-rule (1) and (2) above,

grant leave of absence to a Councillor for the following reasons, which may

include-

(a) illness of a Councillor;

(b) the essential business, personal commitments or personal

circumstances of the Councillor;

(c) where the notice of a special or urgent Council meeting was delivered

in less than the time stipulated in this By-Law, unless the failure to

deliver was occasioned by the Councillor’s own failure to keep the

Speaker’s Office informed of his or her updated contact details;

(d) any circumstances beyond the control of the Councillor which

prevented attendance at the meeting or;

(e) any other circumstance where the Councillor is prevented by law from

attending the meeting.

(5) The Speaker must keep a record of all incidents in respect of which

Councillors have been found to have been absent without leave or without

good cause.



(6) The Speaker must advise the relevant Whip if a Councillor has been absent

without leave or without good cause from a meeting.

(7) Where a Councillor has been absent without leave or without good cause

for 3 or more meetings, the Speaker must submit a report to Council and

recommend that the matter be referred to the Ethics Committee.”

On 2015-09-08, the Ethics Committee received a report from the Office of the

Speaker on possible non-compliance relative to non-attendance of meetings by

Councillors who did not submit the necessary leave application forms. Accordingly,

the Ethics Committee resolved to conduct hearings on 2015-11-23, 2015-11-24 and

2015-11-25 respectively, in dealing with the alleged non-compliance of the Code of

Conduct for Councillors to ascertain the reasons contributing thereto.

During the processes of hearings, the Ethics Committee noted the unavailability of

Councillors LN Ndlovu and ZP Mthethwa. Accordingly, the Committee resolved to

re-schedule its hearings for the aforementioned Councillors to 2016-02-01 to

establish the reasons for the non-attendance to meetings per the report of the

Speaker.

2. HEARINGS











3. COUNCILLOR LYDIA NONDUMISO NDLOVU

3.1 Breach One

It is alleged that Councillor Lydia Nondumiso Ndlovu has failed to attend the special

Council meeting held on 13 August 2015 and the Governance & Human Resources

Committee meeting held on 23 July 2015 without submitting an application for leave

of absence which is a contravention of Item 3(a) of Schedule 1 of the Local

Government : Municipal Systems Act of 2000.

3.2 Plea on breach by the Councillor

In her plea to the allegations that she has failed to attend the special Council meeting

held on 13 August 2015 and the Governance & Human Resources Committee

meeting held on 23 July 2015 without submitting an application for leave of absence



as stated under breach 3.1 above, Councillor Lydia Nondumiso Ndlovu pleaded

NOT GUILTY.

3.3 Representation by the Councillor

Councillor Ndlovu informed the meeting that she did not attend the special Council

meeting held on 13 August 2015 and the Governance & Human Resources

Committee meeting held on 23 July 2015 as she was hospitalized for a period of

eleven (11) days and was unable to recall the date when she was discharged. In her

submission, she stated that she did not have any recollection of the special Council

meeting held on the 13th of August and did not miss meetings without reporting her

situation. Councillor Ndlovu indicated that she did submit a leave application form

together with her medical note to the Office of the Speaker, however upon

verification, she noted that the said leave application was for the period of 6th of

August 2015.

3.4 The Presence of Aggravating Factors

3.4.1 The Councillor holds an Office that require trust, honesty and responsibility.


3.4.3 Non-attendances to meetings of which a Councillor is a member without requisite

leave of absence, is a serious transgression or violation of the Councillors Code of

Conduct.

3.4.4 The Councillor did not show any remorse in her actions and pleaded not guilty even

though the Prosecutor was able to prove that she was guilty for having contravened

Item 3 of Schedule 1 of the Local Government : Municipal Systems Act 32 of 2000.

3.4.5 It was submitted that Councillor LN Ndlovu should be found guilty and that an

appropriate sanction be imposed upon the Councillor.

3.4.6 In considering whether there were any previous findings against Councillor Ndlovu

relative to the non-attendance of meetings, it was noted that Councillor Ndlovu was a

first offender as there were no previous transgressions identified to prove against the

Councillor.

3.5 The Presence of Mitigating Factors

Councillor LN Ndlovu accepted that her leave application submitted to the Office of

the Speaker was for the period 6th of August 2015 and did not cover her for the

special Council and Governance & Human Resources Committee meetings. She

accepted that she was guilty in not attending the aforementioned meetings and

undertook to not repeat similar offences at future meetings.

3.6 Factors taken into consideration in deciding an appropriate Sanction

3.6.1 Having considered all factors, the Committee noted the leave application submitted

by Councillor Ndlovu to the Office of the Speaker was for 2015-08-06 and did not

cover her for the special Council and Governance & Human Resources Committee

meetings.



3.6.2 The Committee further noted that the letter submitted by Councillor Ndlovu to the

Speaker requesting for leave of absence from meetings for the period 2015-11-05 to

2016-02-29 was invalid, as it was applicable to meetings held after the months of

July and August 2015.

3.6.3 The Councillor was afforded an opportunity on two occasions to appear before the

Ethics Committee and in both instances, she indicated her unpreparedness and

unavailability.

Accordingly,


3.6.2.1 That in respect of breach one relative to the failure to attend the special Council


Committee meeting held on 23 July 2015, Councillor Lydia Nondumiso Ndlovu is in

breach of Item 3 of Schedule 1 of the Local Government : Municipal Systems Act 32

of 2000.

3.6.2.2 That in terms of the Local Government : Municipal Systems Act 32 of 2000

(Schedule 1) of Section 14(2), Councillor Lydia Nondumiso Ndlovu be issued with a

formal written warning for having breached the provision of this Code.

ADOPTED

4. COUNCILLOR ZANELE PRISCILLA MTHETHWA

4.1 Breach One

It is alleged that Councillor Zanele Priscilla Mthethwa has failed to attend the special


Committee meeting held on 23 July 2015 without submitting an application for leave

of absence which is a contravention of Item 3(a) of Schedule 1 of the Local

Government : Municipal Systems Act of 2000.

4.2 Plea on breach by the Councillor

In plea to the allegations that she has failed to attend the special Council meeting

held on 13 August 2015 and the Governance & Human Resources Committee

meeting held on 23 July 2015 without submitting an application for leave of absence

as stated under breach 4.1 above, Councillor Zanele Priscilla Mthethwa pleaded

GUILTY.

4.3 Representation by the Councillor

Councillor Mthethwa informed the meeting that she did not attend the special


Committee meeting held on 23 July 2015 as she had been unwell for most of the last

year and was unable to submit her leave of absence forms for certain meetings.

4.4 The Presence of Aggravating Factors





4.4.3 Non-Attendance to meetings of which a Councillor is a member without requisite

leave of absence, is a serious transgression or a violation of the Councillors Code of

Conduct.

4.4.4 It was submitted that the offence committed was serious. In deciding on an

appropriate sanction, it was recommended that Councillor Mthethwa be issued with a

formal written warning for having breached the provision of the Code of Conduct for

Councillors.

4.4.5 In considering whether there were any previous findings against the Councillor in

relation to the non-attendance of meetings, it was noted that the Councillor Mthethwa

was a first offender.

4.5 The Presence of Mitigating Factors

In mitigation, Councillor Mthethwa apologised to the Ethics Committee for her

non-attendance to the aforementioned meetings and in being unable to submit her

leave of absence forms for certain meetings.

4.6 Factors taken in to consideration in deciding an appropriate Sanction


that there were no supporting documentation provided by Councillor Mthethwa to

verify her absence from the above meetings.

4.7 Factors taken into consideration in deciding an appropriate Sanction

In deciding an appropriate Sanction, the Ethics Committee took into consideration:-

Section 4 of Schedule 1 of the Municipal Systems Act 32 of 2000 indicates that: “(1)

A Municipal Council may impose a fine as determined by the Standing Rules and

Orders of the Municipal Council on a Councillor for: (a) not attending a meeting

which that Councillor is required to attend in terms of item 3; or (b) failing to

remain in attendance at such meeting”.

4.8 Sanction

In terms of the Local Government: Municipal Systems Act 32 of 2000 (Schedule 1)

Section 4 (1) A Municipal Council may impose a fine as determined by the Standing

Rules and Orders of the Municipal Council on a Councillor for: (a) not attending a

meeting which that Councillor is required to attend in terms of item 3; or (b) failing

to remain in attendance at such meeting (2) A Councillor who is absent from three or

more consecutive meetings of a Committee, which that Councillor is required to

attend in terms of item 3, must be removed from office as a Councillor, (3)

Proceedings for the imposition of a fine or the removal of a Councillor must be

conducted in accordance with a Uniform Standing Procedure which each Municipal

Council must adopt for the purpose of this item. The Uniform Standing Procedure

must comply with the "Rules of Natural Justice”.

4.9 Right to Appeal



Schedule 1, Section 14(3)(a) of the Local Government : Municipal Systems act 32 of

2000 stipulate that:




and Traditional Affairs (COGTA) in writing, setting out the reasons on



(d) The MEC for Co-operative Governance and Traditional Affairs (COGTA)




Having duly considered and deliberated on all submissions,


4.9.1 That in respect of breach one relative to the failure to attend the special Council


Committee meeting held on 23 July 2015, Councillor Zanele Priscilla Mthethwa is in

breach of Item 3, Section 1 of the Local Government : Municipal Systems Act 32 of

2000.


(Schedule 1) of Section 14(2), Councillor Zanele Priscilla Mthethwa be issued with a

formal written warning for having breached the provision of this Code.

ADOPTED ______________

(At this stage of the proceedings Councillors LN Ndlovu and ZP Mthethwa re-

entered the meeting and Councillor PP Hlengwa recused herself from the

meeting)

OUTSTANDING HEARING : FINDINGS AND RECOMMENDATIONS IN RESPECT OF

COUNCILLOR’S IN ARREARS : QUARTER ENDED JULY 2015 TO OCTOBER 2015

(3/5/1/1)

Hearing in respect of Councillor PP Hlengwa.

1. BACKGROUND

On 2015-10-08, the Ethics Committee received a report from the Speaker on possible

non-compliance in relation to Councillors that were in arrears during the period July

to October 2015. The Ethics Committee therefore resolved to conduct its hearings on

2016-01-18, 2016-01-19 and 2016-01-20 respectively, in dealing with the alleged

non-compliance of the Code of Conduct for Councillors to ascertain the reasons

contributing thereto.



On 2016-01-18, Councillor Hlengwa served before the Ethics Committee. Arising

from the proceedings, the Committee noted that Councillor Hlengwa did not confirm

her plea to the charges on the basis that she did make payment towards her Rates

account with the Municipality. However, upon enquiry of supporting documents to

disprove the allegations against her, she indicated that she had mislaid her receipts.

Accordingly, the Ethics Committee decided to adjourn its proceedings to allow for

the Councillor to locate her mislaid receipts.

On 2016-02-01, the re-convened its proceedings. The Committee waited for a period

of sixty (60) minutes to allow for the attendance of Councillor Hlengwa. After the

expiry of sixty (60) minutes, the Committee noted that there was no indication from

Councillor Hlengwa as to her attendance to the said Hearing.

2. HEARINGS











3. COUNCILLOR PRIMROSE PHUMZILE HLENGWA

3.1 Breach One

It is alleged that Councillor PP Hlengwa has been in arrears with eThekwini


for the properties described as 2 Dolphin Terrace, 28 Wade Road, Amanzimtoti for

the amount of R5 598,88 (Five Thousand Five Hundred and Ninety Eight Rand and

Eighty Eight Cents) which is in contravention of Item 12(a) of Schedule 1 of the


3.2 Plea on the Breach by Councillor PP Hlengwa

The Notice of Inquiry stipulates that:

“Kindly note that if you or your Representative fails to attend the Hearing without

any good cause and after proper service of this Notice, the Inquiry may proceed in

your absence.”

The Ethics Committee applied the principle of natural justice to ensure that there was

a formal, just and fair procedure. Given the absence of Councillor Hlengwa and for

the reasons stated above, the Ethics Committee resolved to proceed with the said

Hearings.



Arising from the findings of Prosecution and with due consideration having being

given to the supporting evidence, the Committee found Councillor PP Hlengwa to be

GUILTY.

3.3 Legislation






3.4 Aggravating Factors





large.




Government had been created and as such, it tarnishes the image of the Municipality.



3.4.6 It was submitted that the offence committed by Councillor Hlengwa was serious and

violation of the Code. In deciding on an appropriate sanction, it was recommended

that Councillor Hlengwa be issued with a formal warning for having breached the

provisions of the Code of Conduct for Councillors.

3.4.7 It was submitted that Councillor Hlengwa was served accordingly with the Notice of

Inquiry of which was acknowledged by her. The Councillor failed to appear before

the Ethics Committee in this proceedings. As such, she had disrespected the Ethics

Committee and the Municipality. Therefore, in view of the above, it was proposed

that the Ethics Committee take the necessary action against Councillor Hlengwa for

non-compliance of the Code of Conduct.

3.5 Factors taken in to consideration in deciding an appropriate Sanction

In deciding an appropriate sanction relating to Councillor Hlengwa’s matter, the

Ethics Committee took into consideration the following factors:-

3.5.1 In light of the fact that the Ethics Committee had postponed its proceedings to

accommodate Councillor Hlengwa to provide copies of her receipts to confirm

payment of her Rates/Service, Councillor Hlengwa failed to appear before the Ethics

Committee.



3.5.2 Councillor Hlengwa did not report of any circumstances which may have precluded

her from re-appearing before the Ethics Committee at the scheduled time of

appearance.

3.5.3 Councillor Hlengwa acknowledged receipt of the Notice of Inquiry issued to her and

by acknowledging same, she was disrespectful and did not take the Ethics Committee

seriously.

3.5.4 The Councillor did not contact the Secretariat or the Office of the Speaker prior to

the Hearings to report her non-attendance or any anticipated delays which may have

contributed towards her non-attendance to the Ethics Committee Hearing. It should

be noted that Councillor Hlengwa had contacted the Secretariat after the proceedings

to report her situation and thereafter sent an e-mail dated 2016-02-02 to tender her

apology for her non-attendance to the Hearing due to a transport strike and delays in

traffic on the freeway. She also did not inform the Secretariat of her new contact

number. In this regard, the Ethics Committee was inconvenienced from proceeding

with the said Inquiry.

3.6 Sanction










3.7 Right to Appeal




paragraph (a), (b) or (d) above, may within 14 days of having been notified of the

decision of Council appeal to the MEC for Co-operative Governance and Traditional

Affairs (COGTA) in writing, settling out the reasons on which the appeal is based.



may, after having considered the appeal, confirm, set aside or vary the decision of the

Council and inform the Councillor and the Council of the outcome of the appeal.”

Accordingly,





of July to October 2015, Councillor PP Hlengwa is in breach of Item 12(a) of



(Schedule 1) of Section 14(2), Councillor PP Hlengwa be issued with a formal


ADOPTED

(At this stage of the proceedings Councillor PP Hlengwa re-entered the meeting)

4. APPROVAL OF THE ETHICS COMMITTEE REPORT : SPECIAL MEETING

HELD ON 2016-02-01


4.1 That the Report of the Ethics Committee relative to Outstanding Hearings in respect

of the Findings and Recommendations of Councillor Non-Attendances of meetings

for quarter ended July to August 2016, be adopted.

4.2 That the Report of the Ethics Committee relative to Outstanding Hearing in respect

of the Findings and Recommendations of Councillors in Arrears for quarter ended

July 2015 to October 2015, be adopted.

4.3 That subject to the adoption of recommendations .1 and .2 above, a copy of the

Report of the Ethics Committee relative to Councillor Non-Attendances of meetings

for quarter ended July to August 2015 and Councillors in Arrears for quarter ended

July to October 2015, be submitted to the MEC for Co-operative Governance and

Traditional Affairs (COGTA) for information.

ADOPTED

____________

(At this stage of the proceedings Councillor P Mfeka recused himself from the

meeting)

5. BLACKLISTING OF COUNCILLOR PATRICK MFEKA : FAILURE TO

DECLARE A CLOSE FAMILY MEMBER HAVING INTEREST WITH THE

MUNICIPALITY : INV233/04/2015.

Confidential Report from City Manager dated 2016-02-16 and e-mail from Acting

Chairperson : Blacklisting Committee dated 2016-02-12.

(Page 80 - 82)

On 2016-02-17, the Ethics Committee considered deliberations in relation to the

blacklisting of Councillor P Mfeka for the failure to declare a close family Member

having interest with the Municipality.

Having deliberated on the above matter,




5.1 That the matter of Councillor P Mfeka : Failure to declare a Close Family Member

having interest with the Municipality, did not serve before the Ethics Committee.

5.2 That a report on findings from any Forum or Tribunal that is set to adjudicate on the

above matter has not served before the Ethics Committee.

5.3 That it be noted that the Ethics Committee is tasked with the responsibility to hear

matters of Councillors in breach of the Code of Conduct for Councillors.

5.4 That in view of the Blacklisting Committee’s resolution to proceed with the

blacklisting of Councillor Mfeka for failure to declare a close family member having

interest with the Municipality for a period of five (5) years, Council grants authority

for the above matter to be held in abeyance until such time the Ethics Committee had

considered the above matter.

5.5 That subject to .4 above, the Ethics Committee report back to Council on its findings

and recommendations within a period of three (3) months from adoption of Report.

ADOPTED

(At this stage of the proceedings Councillor P Mfeka re-entered the meeting).

REPORT OF COMMITTEE DECISIONS

Decisions of Committees reflected below have been reported to Council by way of circulating

minutes of such Committees to each Member of the Council:-

1. ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE

Meeting held on : 2016-02-04

2. EXECUTIVE COMMITTEE

Meetings held on : 2016-01-22

: 2016-01-26

: 2016-02-09

3. GOVERNANCE AND HUMAN RESOURCES COMMITTEE


4. HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE


5. LOCAL LABOUR FORUM: HEALTH UNIT




6. SPEAKER’S COMMITTEE


NOTED

_______________

ITEMS FOR NOTING

The Items For Noting as reflected on Pages 37 to 44 of the Agenda were NOTED.

__________________

The meeting terminated at 15:30.

CONFIRMED AT THE MEETING OF THE ETHEKWINI COUNCIL ON 2016-03-31

SPEAKER

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