OF eThekwini Council Minutes and... · leader Inkosi Vela Shembe. - the families of Comrade...

- 869 -

No. 25 MINUTES

OF

eThekwini Council

Minutes of proceedings of the Meeting of the eThekwini Council held

at the Inkosi Albert Luthuli International Convention Centre, 45 Bram Fischer Road, Durban

on Wednesday, 2017-12-06T12:00

PRESENT : Councillors WL Mapena (Speaker), ZRT Gumede (Mayor), F Peer

(Deputy Mayor), MA Ally, J Annipen, S Aslam, A Beetge, S Bhanprakash,

MPN Bhengu, MC Bhengu, NC Biyela, T Biyela, M Brauteseth, S Brijmohan,

WJD Burne, SS Butelezi, VP Caluza, H Cele, NT Cele, J Chetty, BA Chili,

TJT Cibane, R Cloete, TP Collins, RJ Crouch, M David, HU De Boer,

SV De Boer, GT De Lange, MAK Dladla, AN Dlamini, CB Dlamini,

SB Dlamini, SR Dlamini, BA Fortein, VE Gebashe, R Gokool, G Govender,

S Govender, Y Govender, NL Graham, BR Gumede, NC Gumede,

NP Gumede, TR Gumede, ZD Gushu, MS Gwala, MH Haniff, GJ Hegter,

NP Hlomuka, S Hoosen, NB Hoosman, NB Iyir, JA Johnson, M Johnson,

SA Kaunda, DM Khanyile, ES Khanyile, JS Khuboni, PZ Khumalo,

HL Khubisa, NL Khuzwayo, S Khuzwayo, ZW Khuzwayo, SNC Khwela,

CJ Laing, CB Langa, P Luthuli, TJ Luthuli, TN Mabanga, MT Mabaso,

A Maharajh, B Majola, TG Makhanya, ZP Makhanya, NZ Maluleka,

MW Manqele, SD Maphumulo, PM Mbambo, V Mbanjwa, AM Mbele,

RD Macpherson, SM Mdlalose, FW Mdletshe, LM Meyer, P Mfeka, TP Mfusi,

GN Mhlongo, MB Mjadu, AZ Mkhize, HGB Mkhize, KV Mkhize,

MM Mkhize, MP Mkhize, S Mkhize, SM Mkhize, PS Mncube, E Mngadi,

SB Mngadi, SV Mngadi, LC Mnguni, NE Mnguni, LN Mngwengwe,

S Moonsamy, B Mpanza, SB Mpanza, SNL Mshengu, B Msomi,

LG Mthembu, M Mthembu, MGF Mthembu, MM Mthembu, NE Mthembu,

TM Mthethwa, TT Mthiyane, N Munien, AB Mvubu, RM Mzobe, BD Naidoo,

J Naidoo, M Nair, X Nala, PL Ncayiyana, BP Ndlela, AB Ndlovu, PB Ndlovu,

MK Ndzimbomvu, ZS Ndzoyiya, AS Ngcobo, S Ngema, BS Ngiba,

MM Ngiba, TT Ngubane, MS Nkosi, DR Nowbuth, GM Noyce, B Ntshangase,

PC Ntshangase, SC Ntshangase, PB Ntuli, NP Nxumalo, W Nyaba,

NN Nyanisa, MS Nyawose, TT Nzuza, CJ Pappas, BW Phewa, JP Phewa,

TK Phohlo, B Phungula, D Pillay, DR Pillay, KR Pillay, P Pillay, JP Prinsloo,

GDA Pullan, A Ramkissoon, S Ryley, S Sewshankar, AN Shabalala,

B Shabane, MT Shelembe, ES Shezi, MC Shezi, VH Shezi, BP Shozi,

HP Shozi, M Sibisi, N Sibiya, PN Sikhosana, B Singh, EL Singh, Samier

Singh, PS Sishange, NI Sithole, AD Snyman, ZR Sokhabase, M Tembe,

JB Thabethe, S Thango, JC Van den Berg, TV Xulu, NY Young, BM Zulu,

GB Zulu, MBR Zuma, TG Zungu and MH Zwane.

ABSENT : Councillors JA Dlamini, MP Dlomo, HD Goge, PJC Graham

(On leave - Indisposed), RC Hlophe (On leave – Indisposed), KNN Khubone

(On leave – Indisposed), NI Madlala (On leave – Municipal business),

K Mhlaba On leave – Indisposed), SE Mhlongo, BA Mkhize

(On leave - Municipal business), SM Mkhwanazi, ZM Mncwango (On leave),

- 870 - (eThekwini Municipality

Council Minutes - 2017-12-06)

BV Mngwengwe, SR Moodley (On leave – Indisposed), ON Mthembu,

SJM Nhlapho (On leave – Indisposed), M Nojiyeza (On leave), BT Ntuli,

PH Nxumalo (On leave), BR Qhantsi, MD Qwabe (On leave – Indisposed),

A Rampersad (On leave – Indisposed), MG Shange On leave – Indisposed),

SG Shange-Dlamini, DM Shozi (On leave – Indisposed), Sagar Singh

(On leave – Indisposed), WM Thring (On leave), SM Windvogel

(On leave - Indisposed), C Xesibe (On leave – Indisposed), MC Xulu and

TM Zuma (On leave – Indisposed).

AMAKHOSI

PRESENT : Inkosi NC Maphumulo, Inkosi KT Mkhize, Inkosi RF Mthembu,

Inkosi EB Shozi and M Ngcobo.

AMAKHOSI

ABSENT : Inkosi BF Bhengu (On leave), Inkosi VK Cele, Inkosi TF Gwala,

Inkosi NM Hlengwa, Inkosi PP Luthuli, Inkosi KS Makhanya,

Inkosi DZ Mkhize (On leave), Inkosi LD Mkhize, Inkosi TBE Mkhize,

Inkosi S Mlaba (On leave), Inkosi MB Ngcobo and Inkosi JB Shangase.

OFFICIALS

PRESENT : Messrs/Mesdames SC Nzuza (City Manager), S Shezi (Acting Head: Legal

Services and Compliance), M Mthiyane (Deputy Head: Legal Support, Legal

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

Speaker), KR Ramsunder (Chief Committee Officer) and N Madikizela

(Committee Officer).

(At the commencement of the meeting 183 Councillors were present, comprising ANC – 104,

DA - 53, IFP - 10, EFF - 8, INDEPENDENT - 2, AIC - 1, ACDP – 0, MF - 1, DLC - 1, TA - 1,

MOSA – 0, APC - 1 and AL JAMA-AH - 1).

_________________

1. NOTICE CONVENING THE MEETING

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

requirement.

2. OPENING

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

Her Worship the Mayor, the Deputy Mayor; Members of the Executive Committee;

Honourable Councillors and Traditional Leaders; City Manager; Deputy City

Managers present; Legal Services and Compliance officials; Media; Distinguished

Guests, Members of the Public and Members of the Administration to this meeting of

the Council.

3. AFRICAN UNION AND NATIONAL ANTHEM

At the request of the Speaker the meeting stood to sing the African Union Anthem

and the National Anthem of South Africa. The National Anthem of South Africa was

led by the Clermont Choir.



4. OPPORTUNITY FOR PRAYER/MEDITATION

The Speaker requested the Council to observe a moment’s silence for all those who

had passed on.

5. OFFICIAL ANNOUNCEMENTS

The Speaker dealt with items 5 and 6 of the Order of Procedure, relative to official

announcements and his report, concurrently. In initiating his announcements he

expressed condolences to South Africa and the World on the commemoration of four

years since Dr Nelson Rolihlahla Mandela, the former President of African National

Congress and Country’s first black Head of State, had passed on at the age of

95 years. He requested Council to embrace his reconciliatory and

revolutionary spirit.

The Speaker also expressed condolences to:

- the Congregants of the Nazareth Baptist Church (Shembe), for the loss of their

leader Inkosi Vela Shembe.

- the families of Comrade Lungisani Mnguni who was gunned down at

Enkanyezi, Camperdown on 20 November 2017, the ANC Youth League

Deputy Secretary in the Moses Mabhida Region and PR Councillor in the

Umgungundlovu District, Comrade Sthe Mhlongo who was shot and killed at

his home on 23 November 2017.

- the family of Dr Fred Roberts, a founding Pastor of Durban Christian Centre.

- the family of Theo Bophela, the legendary jazz pianist who passed away at the

age of 86 at his home in Inanda, north of Durban.

- Community Members who lost their lives in the fire at the Informal Settlement

in Foreman Road.

- the families of two young boys from Clairwood, 10-year-old Njabulo Mankayi

and his friend Luyanda Msomi who were kidnapped and later found murdered.

- the families of the 5 members of the public who had lost their lives in a car

accident on the N3 near the Pavilion Shopping Mall on 12 November 2017.

The Speaker mentioned that the 16 Days of Activism for No Violence against

Women and Children Campaign had been launched successfully at the Amaoti

Sportsfield in Ward 53 on 26 November 2017. He encouraged all residents of

eThekwini to take an active role in ensuring that women and children are protected

from violence and physical abuse.

He indicated that the World Aids Day had been held on 01 December 2017 at the

Rydalvale Sportsground in Phoenix.

Continuing, the Speaker congratulated Miss South Africa, Demi-Leigh Nel-Peters,

who was crowned Miss Universe 2017 at an event held in Las Vegas on

26 November 2017 and Bidvest Wits Football Club on winning the Telkom

Knockout Final held at Princess Magogo Stadium in KwaMashu on Saturday,



02 December 2017. He also congratulated the City on successfully hosting a number

of prestigious events including the SABC Gospel Crown Awards and the Currie Cup

Final, as well as winning two awards at the recent KZN EPWP Kamoso Awards in

Pietermaritzburg.

The Council noted that Dumisani Makhaye Drive in Clermont had been officially

opened by President JG Zuma on Saturday 02 December 2017.

It was noted that Durban Tourism would be driving a launch of festive season, which

was the first of its kind in Durban, on 2017-12-12 to take place in the Inner City

where Her Worship the Mayor would also turn on the City’s Christmas lights.

The Speaker extended the Council’s congratulations to Paxton Fielies from the

Western Cape Province and Mthokozisi Sibeko from KZN on reaching the final

stage of Season 13 of Idols where Paxton emerged as the winner. He also extended

congratulations to the Class of 2017 for completing an incident free matric

examination and wished them well for the future.

The Speaker conveyed his best wishes to all Councillors celebrating their birthdays

in the months of November and December.

Councillors were requested to switch off their microphones after speaking to avoid

interference with the sound system and to talk slowly and clearly during the

proceedings to enable accurate interpretation.

The attention of Councillors was drawn to Rule of Order 16(1) (a)-(e) and

(4),(5),(6),(7) and (9). As per those rules, Councillors were requested to conduct

themselves in a respectful manner, to refrain from interrupting the proceedings and

encouraged to conduct business with the highest decorum and integrity that the

occasion and the residents of the Municipality deserved.

The Speaker reminded Councillors that Community engagements were a requirement

in terms of the Code of Conduct for Councillors, and it was necessary for same to be

complied with. He stressed the need for these community engagements to be

recorded and the Back to Basics reports thereon were to be assessed a report thereof

to be submitted to his Office, as these reports are assessed by the Department of

Corporative Governance and Traditional Affairs (COGTA). The non -submission of

such reports impacts negatively on the Municipality’s performance on the COGTA

report which is presented at the MEC’s MINMEC meetings.

It was noted that in the months of October and November 2017, only 32 Wards

submitted reports from the Community meetings held with constituencies.

In the Council’s Calendar of Meetings for year 2018, proposed dates for the Ward

Committee and Community meetings had been included to ensure that Council

Members do plan accordingly for the said meetings as required.

In respect of Ward Committees the Speaker presented the following statistics:

- For the month of October 2017, only 70 committees submitted reports.

- For November 2017, only 45 committees submitted reports.



The Speaker made the point that in the month of January 2018, Ward Committee

Members would have failed to produce reports, from October to December 2017 and

in that regard their stipends could be suspended. Further, the queries relating to

Wards 69 and 77 have been amicably resolved.

During October and November a total of nine (9) community complaints had been

received against Councillors. Some of the Councillors concerned were contacted and

matters resolved, and a few still remain unresolved. However, all raised complaints

would be attended and finalised before Council went on recess.

Councillors were advised that Council would be on recess from 08 December 2017

to 12 January 2018 and during this period urgent matters requiring consideration

would be considered as per the provision of Rule of Order 28 as contained in the

current Rules of Order Bylaw.

The Speaker concluded his report by advising that in respect of Councillors’ Assisted

Education, the 11 (eleven) applications that had been received through the

Councillor’s Assisted Education Policy for studying in year 2018 had been

considered and they would be advised of the outcome before Council went on

December recess.

6. APPLICATIONS FOR LEAVE OF ABSENCE

RESOLVED:

The following Councillors and Amakhosi were granted leave of absence as

indicated:-

COUNCILLORS Councillor S Dlamini : 2017-12-05 to 07 (Indisposed)

Councillor PJC Graham : 2017-12-06 (Indisposed)

Councillor RC Hlophe : 2017-12-05-to 07 (Indisposed)

Councillor N Khubone : 2017-12-06 (Indisposed)

Councillor TN Mabanga : Request to leave at 13:30

Councillor NI Madlala : 2017-12-06 (Municipal business)

Councillor K Mhlaba : 2017-12-06 to 15 (Indisposed)

Councillor BA Mkhize : 2017-12-06 (Municipal business)

Councillor S Mkhize : 2017-12-06 (Indisposed)

Councillor ZM Mncwango : 2017-12-06 (Personal Commitments)

Councillor SR Moodley : 2017-12-06 (Indisposed)

Councillor SJM Nhlapo : 2017-12-05 (Indisposed)

Councillor M Nojiyeza : 2017-12-06 (Personal Commitments)

Councillor PH Nxumalo : 2017-12-05 to 07 (Personal Commitments)

Councillor P Pillay : Request to leave at 15:30

Councillor M Qwabe : 2017-12-06 (Indisposed)

Councillor A Rampersad : 2017-12-06 (Indisposed)

Councillor MG Shange : 2017-11-27 to 12-15 (Indisposed)

Councillor DM Shozi : 2017-12-01 to 07 (Indisposed)

Councillor M Sibisi : 2017-12-06 (Personal Commitments)

Councillor Sagar Singh : 2017-12-06 (Indisposed)

Councillor WM Thring : 2017-12-06 (Personal Commitments)

Councillor S Windvogel : 2017-12-06 (Indisposed)



Councillor C Xesibe : 2017-12-06 to 15 (Indisposed)

Councillor TM Zuma : 2017-12-06 (Indisposed)

AMAKHOSI

Inkosi BF Bhengu : 2017-12-06 (Personal Commitments)

Inkosi DZ Mkhize : 2017-12-06 (Personal Commitments)

Inkosi S Mlaba : 2017-12-06 (Personal Commitments)

7. CONFIRMATION OF MINUTES: Meeting held on 2017-10-26

RESOLVED:

That the minutes of the meeting of the eThekwini Council held on 2017-10-26,

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

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:-

8.1 Questions Submitted by Councillor EL Singh: Initiative to Turn Dump Sites into

Formalised Parks (31/1/1/2):

In 2015/16 the Parks Department tabled a recommendation for an initiative to turn

dump sites into formalised Parks. The initiative was welcomed and approved as

dumping is a concern throughout the city.

It is on this background that I pose the following questions:

1. Which sites have been identified as per the Draft List of the of the 100

Parks projects?

2. What is the anticipated/projected commencement date for date for the

project?

3. Who are the contractors in each Ward?

4. Can the Community Services Committee be updated with a progress

report of each Ward?

Councillor B Ntshangase provided the following respective responses:-

1. The 100 sites have been identified in accordance and consultation with

Councillors.

The first 7 (seven) completed sites began their roll out with effect from

18 October 2017. These being Ward 38 – Thendele Road & Jamaica in

Ntuzuma E in Ward 43; Emakabishini in KwaMashu B – Ward 40 ; Sjula

Road - in KwaMashu L – Ward 45; Ijuba Alley - Ward 110 in District 2;



Sankontshe in Mpumalanga in Ward 5; and finally Salem Sportsfield in

Shongweni – in Ward 7

The sites identified can be provided.



FOR FURTHER CLARITY ON THE ABOVE TABLES KINDLY CONTACT THE HEAD OF

PARKS, RECREATION AND CULTURE, MR THEMBINKOSI NGCOBO ON (031) 311 4508

2. Roll out has commenced on 18 October 2017 – with the last collection of the

equipment scheduled for 04 December 2017.

3. The contractor assigned is Green Outdoor Gyms.

4. The Community Services Committee can provide feedback at future meetings.



8.2 Questions Submitted by Councillor JP Prinsloo: eThekwini Sport Club Leases

(17/2/1/2/5):

The vast majority of eThekwini sport club leases have been reduced to

“month to month”.

Resulting uncertainty on the future of clubs create reluctance from sport clubs to

invest with an adverse negative effect on Council property due to increased

vandalism, vagrancy and general lack in maintenance.

It is on this background, I pose the following questions:

1. Is the blanket practice that reduced all leases to month to month”

currently under revision?

1.1 If the answer is Yes: When will the revision be complete?

1.2 If the answer is No: Why is it not being done and when will it commence?

2. Who is/will be responsible to facilitate the revision process?

3. When last did the Sub Committee on sport leases congregate to make

recommendations on sport club leases and related matters?

4. Does Real Estate have the capacity to negotiate current “month to month”

leases for conversion to long term leases?

5. Does Real Estate have the capacity to guide and assist sport clubs in terms

of best practice to convert to long term leases?

6. Will sport clubs that meet the municipality’s qualifying criteria for long

term leases and that have been waiting for these leases pending a revision

decision, be prioritised thus creating capacity to assist other in attaining

the required best practice criteria?

Councillor ZR Sokhabase provided the following respective responses:-

1. No, the Real Estate Unit does not have such a program.

2. The Real Estate Unit engages with sports clubs when there is a request for

such, especially when a lease is about to expire. All matters relating to

sub-leasing, etc are covered in the occupational lease agreement and the Real

Estate Unit engages with Clubs in an ongoing basis.

3. Yes, the Real Estate and Sports Departments engage with Clubs to explain both

occupational policies and sport development imperatives. The challenge

however is that both departments do not have the capacity to drive this

initiative on a more consistent level.

4. N/A

________________

Her Worship the Mayor, Councillor ZRT Gumede presented the First Report of

the Executive Committee as recorded in the next page.

__________



FIRST REPORT OF THE EXECUTIVE COMMITTEE (Meeting held on Monday, 2017-10-23)

PRESENT : Executive Committee Members F Peer (Deputy Mayor and Acting Chairperson),

HU De Boer, BA Fortein, S Hoosen, SA Kaunda, ZM Mncwango, MM Mthembu,

MS Nkosi and ZR Sokhabase.

ABSENT : Her Worship the Mayor, Councillor ZRT Gumede (on leave-Municipal Business)

_____________

1. ETHEKWINI MUNICIPALITY – RULES OF ORDER AMENDMENT BY-LAW

2017 (1/1/3/1/R)

(Page 33)

During a lengthy discussion of the Rules of Order Amendment By-law Opposition

Parties voiced their discontent to some aspects of the report, especially as Council

was the custodian of by-laws and it was questionable who the “drivers” of the

by-laws were. Being of the view that the process was not adequately addressed,

it was requested that consideration of the matter be deferred to enable proper input in

particular the drafting of legislations that require much consultation. They further

contended that the by-law was not constitutional, practical and fair to all concerned

and made a request for the amendments from Party Caucuses as approved by the

Speaker to be outlined in the report.

In response it was advised that timeframes for the process relative to the approval of

the by-laws had been adopted by Council with the public participation process being

fully completed and relevant input received from Political Parties and public alike.

It was also pointed out that the process had been undertaken upon a benchmarking

exercise having been carried out with other Metropolitan Municipalities.

Therefore, based on the various input received the process could not be readdressed

but taken on review once adopted.

In that regard with Executive Committee Members ZM Mncwango, HU De Boer and

S Hoosen dissenting,

COMMITTEE RECOMMENDS:

1.1 That the eThekwini Municipality : Rules of Order Amendment By-law, 2017,

be approved for final publication and promulgation in the Provincial Gazette, with

the By-law taking effect on the date of publication therein, it being recorded that in

general, the Principal By-law has been amended to:

(a) insert certain definitions;

(b) provide for clarity in respect of dissolution of the Council;

(c) provide for circumstances in terms of which the Executive Committee may

close its meeting to the public and media;

d) provide clarity on matters pertaining to the attendance of Councillors at

meetings;

(e) provide for the order of business for a special meeting;

(f) allow the Speaker to make a ruling in the event of an unforeseen

eventuality;

(g) provide a procedure for the removal of a person from a meeting where such

person is directed by the Speaker to leave;



(h) extend the types of conduct which are not permitted by Councillors,

Officials and public at meetings;

(i) provide the Speaker with guidance when considering an application for an

urgent motion;

j) provide how matters requiring an immediate decision may be dealt with

during recess and emergencies; and

(k) provide for matters connected therewith.

1.2 That the Promulgation Notice for the eThekwini Municipality Rules of Order

Amendment By-law, 2017, be published in the Ezasegagasini Metro.

The above-mentioned matter having been introduced, some Councillors

expressed their desire to debate the issue. The Speaker advised that as the

matter had been re-submitted for consideration he would not allow any debate

thereon as same had been debated at length at the previous meeting of the

Council on 2017-10-26 when it was resolved to defer same. The majority of the

Councillors indicated that there was no need for further debate on the matter

and that the recommendations should be put to the vote.

With 181 Councillors present, 109 Councillors (ANC – 104, IND – 1, AIC – 1,

MF – 1, DLC – 1 and TA – 1) voted in favour and 10 IFP Councillors voted

against. 62 Councillors (DA – 53, EFF – 8 and AL JAMA-AH – 1) abstained

from voting.

The above recommendations of the Executive Committee were, by the

majority vote, ADOPTED.

_________________

Her Worship the Mayor, Councillor ZRT Gumede, presented the

Second Report of the Executive Committee.

__________

SECOND REPORT OF THE EXECUTIVE COMMITTEE (Meeting held 2017-11-21)

PRESENT : Executive Committee Members ZRT Gumede (Mayor and Chairperson),

F Peer (Deputy Mayor), HU De Boer, BA Fortein, S Hoosen, SA Kaunda,

ZM Mncwango, MM Mthembu and MS Nkosi.

ABSENT : Executive Committee Member ZR Sokhabase.

__________

1. REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE:

MEETING HELD ON 2017-11-06

(Page R1)

1.1 Renewal Memorandum of Understanding Between eThekwini Municipality and

Department of Education (12/8/1):

(Page 39 : Governance and Human Resources Committee - Agenda 2017-11-06)

In providing background on the matter at the Governance and Human Resource

Committee, it was advised that in 2013, the Municipality entered into Memorandum

of Understanding with the KwaZulu-Natal Department of Education in order to

enhance service delivery to local schools within the municipal area. It was advised



that the main aim was to assist mainly with infrastructure programmes that needed to

be addressed in various schools. Due to time lapse, it was advised that the MOU has

since expired and there was a need to renew such since it has been a very useful

instrument for Cooperative Governance and International Relations. With the

Members having requested that the programme be further extended to learners who

have failed to obtain their matric certificates.

With the Executive Committee being in support,


1.1.1 That authority be granted to the City Manager to renew the Memorandum of

Understanding between eThekwini Municipality and the KwaZulu-Natal Provincial

Department of Education in an effort to argument institutional and infrastructural

capacity building to raise the quality of education and promote socio-economic

growth within the Province.

1.1.2 That the City Manager be tasked to provide quarterly reports to Council on the

progress of the Memorandum of Understanding.

1.1.3 That authority be granted to the City Manager to facilitate an official signing

ceremony between the Mayor of eThekwini Municipality and MEC for Education

KwaZulu-Natal Provincial Government.

ADOPTED.

1.2 Co-operative Education Programme Workshop (6/1):


With the Governance and Human Resources Committee having requested that in

future the number of graduates to be engaged on an annual basis for the programme

be increased from 1 000 (One Thousand) to 1 100 (One Thousand One Hundred)

with a view to covering all eThekwini Municipality Wards and the eThekwini

Municipal Academy having been mandated to make the necessary budget

adjustment.



1.2.1 That authority be granted to the Head: eThekwini Municipal Academy to implement

the Cooperative Education Programme (CEP) workshop scheduled for

24 November 2017 which will engage over 1000 graduates to ensure they obtain the

relevant work-based experience to enhance their opportunities and to empower them

to compete successfully in the job market.

1.2.2 That subject to approval of .1 above, authority be granted to the Head: eThekwini

Municipal Academy to incur expenditure in the amount of R140 000.00

(One Hundred and Forty Thousand Rand) to coordinate the workshop.

Financial Implications:

Funds are available from Vote 33240.16315.12120.0000.34400-2.0010 for the

2017/2018 financial period.

ADOPTED.



2. REPORT OF THE COMMUNITY SERVICES COMMITTEE : MEETING HELD

ON 2017-11-07

(Page R3)

2.1 HIV/AIDS, TB and Sexually Transmitted Infections Systems Strengthening in

Primary Health Care Clinics Under eThekwini Municipality (30/1/6/R):

(Page 91: Community Services Committee - Agenda 2017-11-07)


That in an effort to strengthen Medical Male Circumcision (MMC) provision,

the Health Unit be granted authority to renew the Service Level Agreement entered

into between the eThekwini Municipality and the South African Clothing and Textile

Workers Union to implement Worker Health Programme and also collaborate with

non-governmental organisations, namely, the Society for Family Health; Health

Systems Trust and MatCH for the purpose of strengthening the MMC activities

within the eThekwini Municipal area.

ADOPTED.

2.2 World AIDS Day Commemoration December 2017 (12/9/4):


In considering the magnitude of the event, the Community Services Committee

unanimously agreed that the number of busses budgeted for was inadequate. It was

suggested that the budget be adjusted accordingly in order to cater for all aspects of

the event including the activation process to be implemented in conjunction with the

Community Participation and Action Support Unit.

In the circumstances,


2.2.1 That authority be granted for the Head : Health to host the annual World AIDS Day

Commemoration in December 2017 under the theme “The Right to Health” at the

Rydalvale Sports Ground in Ward 49, Phoenix, at an estimated expenditure of

R1 210 000.00 (One Million Two Hundred and Ten Thousand Rand), in line with the

budget breakdown contained in the report by the City Manager dated 2017-10-13,

it being recorded that a number of ten thousand people are estimated to attend.

2.2.2 That Councillors be invited to attend the World AIDS Day commemoration which

this year will focus on engaging eThekwini residents to know their HIV status in line

with the 90-90-90 strategy (90% people know their HIV status; 90% people

diagnosed with HIV receive ARV treatment; and 90% people on ARV treatment

achieve viral suppression).

2.2.3 That the budget provision be adjusted accordingly to accommodate the activation

process as a build up to the event and the number of busses to be increased to ensure

the involvement of all interested residents of eThekwini.


Votes & FC: Various; Estimated costs R1 210 000.00

ADOPTED.



2.3 Request for Authority to Secure Use of South African Medical Research Council

Park Homes Based at Craigieburn Sizakala Complex – South Sub-District Ward 99

(30/1/1/1):



2.3.1 That authority be granted for the Head : Health to enter into a Memorandum of

Understanding with the South African Medical Research Council to use its Park

Homes situated at Ward 99, Craigieburn Sizakala Complex at no rental costs and for

a renewable period of three (3) years for use to provide Primary Health Care Services

in an effort to strengthen service delivery to the community.

2.3.2 That it be noted that the costs for the cleaning and maintenance of the structures, the

connection and use of bulk services viz, water, electricity, telephones and network

are to be borne by the Municipality.

2.3.3 That all essential services to the Park Homes (electricity, water and

telecommunication) be reconnected immediately in order to expedite relocation of

officials into these park homes.

ADOPTED.

2.4 Implementation of Public Service Month Programme (2/3/2/1/2):


It has been noted that Public Service Month is a programme driven by all spheres of

Government to promote effective public administration, instil and rebuild good

ethics; morale, pride and professionalism in the public service. As such, eThekwini

Municipality, as a Local Government sphere is also participating in the promotion of

effective public administration. The Community Services Committee scrutinized the

budget allocated for this programme and clarity was provided that the figures

provided per items were estimates and that these would be adjusted accordingly with

the actual expenditure incurred.

Being in agreement


2.4.1 That the Head: Sizakala Customer Services Center be granted authority to implement

the Public Service Month Programme aimed at promoting effective public

administration, which will be implemented in February 2018 at an estimated cost of

R190 070.00 (One Hundred and Ninety Thousand and Seventy Rand), in line with

the budget breakdown contained in the report by the City Manager dated 2017-10-19,

it being noted that the Units taking their services to eThekwini shopping malls

targeted will include Electricity, Water Services, Revenue Services and Sizakala.

2.4.2 That in order to magnify the impact of the Public Service Month Programme, it be

extended to include various Township Malls such as Waterloo, Inanda, Umlazi,

Claremont as well as the rural areas.


Vote : Various; Estimated Budget R190 070.00; FC : 06/33

ADOPTED.



3. REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE

COMMITTEE: MEETING HELD ON 2017-11-07

(Page R6)

3.1 Motivation for Authority to Demolish and Dispose of Existing 50KL Athlone Park

Elevated Tank: Ward 93 (23/1/11/3/1):

(Page 16 : Human Settlements and Infrastructure Committee - Agenda 2017-11-07)


That for the reasons stated in the report of the Head: Water and Sanitation dated

18 September 2017, authority be granted to demolish and dispose of the existing

50KL elevated tower in Ward 93 to enable the construction of a new 100KL

reinforced concrete reservoir.

Vote No.: 60220.28555.99000.0000.PD001.R005 R42 921.98:

Net Book Value (To be met via an adjustment budget)

FC 364/26

Financial Implications:-

The financial details of the existing assets as at 31 May 2017 are as follows:

Cost: R60 000.00

Net book value: R42 921.98

The expenditure will be met from savings via an adjustment budget.

ADOPTED.

3.2 Request for Authority to Transfer Funds (WS 2017/159) (23/1/11/3/1):



That given the legislative framework in line with the Municipal Finance

Management Act, authority be granted to the Deputy City Manager: Treasury to

include in his Adjustments Budget report, the transfer of funds from projects where

savings have been identified to the various projects listed in the 2017/2018 financial

year under Section 6.2 of the report by the Head: Water and Sanitation

dated 2017-09-26.

Cost Centre /Project No.: R34 113 000.00

FC No.: 364/C77

ADOPTED.

3.3 Authority to Transfer Funds to Ntuzuma E Sewer Outfall WS 2017/147: Wards 43 &

44 (23/2/1/3/2):


At the Human Settlements and Infrastructure Committee the Head: Water and

Sanitation explained that the funds in question would be transferred from the savings

identified in the 2017/2018 financial year and therefore the current projects within

the Unit would not be affected and as a consequence, consultation with the relevant

Ward Councillor was not mandatory.



In the circumstances,


That for the reasons stated in report WS 2017/147 by the Head : Water and

Sanitation, authority be granted to the Deputy City Manager : Treasury to include in

his Adjustments Budget report, the transfer of funds from project Y8099 – Refund to

THD for Cornubia Eastern Trunk Sewer where savings have been identified in the

2017/2018 financial year to project to Y6459 – Ntuzuma E Sewer Outfall to the

amount of R1 286 598.15 (One Million Two Hundred and Eighty Six Thousand Five

Hundred and Ninety Eight Rand Fifteen Cents) (Including VAT) .

Cost Centre : 65410

Project No. Y6459 : R1 128 594.87 excl. VAT to be met from savings on Pocket

No. Y8099 – Refund to THD for Cornubia Eastern Trunk Sewer.

FC365/C50

ADOPTED.

3.4 Report Requesting Support on the Proposed Partnership With Key Urban

Interventions Through Sustainable Social Housing (NGO) on Social Housing:

2017/18 (22/7/1/1/2):



That the participation of the Municipality in the three year programme with the

Key Urban Interventions through Sustainable Social Housing, which falls under the

UN’s 10 year Framework of Programmes on Sustainable Consumption and

Production (10 TFP-SCP) aiming to introduce sustainable consumption and

introduction patterns into building material supply chains and built environment

service provided to large scale government housing programmes in Ethiopia and

eThekwini Municipality, be approved.

ADOPTED.

3.5 Request to Reallocate Funds Within the Electricity Unit (10/1):



That authority be granted to re-adjust and allocate R94 000 000.00 (Ninety Four

Million Rand) to ICT vote funding within the Electricity Unit for the Extension of

Software Licenses of TIBCO ActiveMatrix BPM, TIBCO Spotfire and TIBCO

Businessworks.

Financial Implications:-

During the 2017/2018 budget process, the corporate budget office made proposals to

Units requesting the reduction in funds allocated to “various”. In an effort to achieve

the required reduction, projects were reprioritized haphazardly which resulted in the

exclusion of key and urgent projects (incl. Extension of Software Licenses of TIBCO

ActiveMatrix BPM, TIBCO Spotfire and TIBCO Businessworks) from the Budget.



The Unit has now identified savings to the amount of R152 285 000.00

(One Hundred and Fifty Two Million Two Hundred and Eighty Five Thousand

Rand) that will be realized from the postponement of the anticipated start date of the

specified projects.

ADOPTED.

3.6 Electrification Roll Out Plan for eThekwini Municipality - 2017 2018 (27/2/3/1/&

27/2/3/2):



3.6.1 That the Electrification Roll-out Plan which seeks to ensure an orderly and efficient

delivery of electricity connections in informal settlement areas within the eThekwini

Municipality area of supply, be approved.

3.6.2 That authority be granted to the Head: Electricity to amend the roll-out plan where

necessary and report to the Committee as and when such amendments take place.

MOTION TO AMEND

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

Councillor LM Meyer, moved as a procedural motion that the above

recommendations of the Executive Committee be amended in the second line of

3.6.2 thereof by the addition of the following words “having regard to

site-specific engineering and/or construction complications” between the words

“where necessary” and “and report to Committee”, to read as follows:

“3.6.2 That authority be granted to the Head: Electricity to amend the roll-out

plan where necessary having regard to site-specific engineering and/or

construction complications and report to the Committee as and when

such amendments take place.”

NOT CARRIED

As some Councillors were not in support of the abovementioned Motion to

amend the matter was put to the vote. With 185 Councillors present,

54 DA Councillors voted in favour and 123 Councillors (ANC - 107, IFP - 10,

IND-1, AIC - 1, MF - 1, DLC - 1, TA - 1 and AL-JAMAH - 1) voted against.

8 EFF Councillors abstained from voting.

The abovementioned Motion to Amend was, by the majority vote,

NOT CARRIED.

Thereafter the above recommendation of the Executive Committee was put to

the vote and was ADOPTED.



3.7 Property Audit of All Currently and Previously Owned eThekwini Municipality

Immovable Assets (2/10/2/1 & 21/1):



3.7.1 That the Acting Head: Real Estate be granted authority to procure the services of

Professional Consultants to undertake a comprehensive property audit of all currently

and previously owned Municipal properties within the eThekwini Municipality area.

3.7.2 That subject to .1 above, an estimated amount of R3 000 000.00 (Three Million

Rand) be approved for the property audit to be undertaken subject to the

identification of savings by Finance to fund the expenditure.

ADOPTED.

3.8 Offer of Grant Funding Through Department: Environmental Affairs: Funding for

Non-Motorised Transport (NMT) Programme Phase 2 (7/4/2 & 25/4/10/1/1):



3.8.1 That Council accept the offer of grant funding for the Non-Motorised Transport

Programme (Phase 2) made by the Department of Environmental Affairs with no

practical restrictions or commitments on the City.

3.8.2 That authority be granted to the City Manager to conclude an appropriate

Memorandum of Understanding between the eThekwini Municipality, the

Department of Environment Affairs and the donor agency on behalf of Council to

allow the grant funding amount between R10 000 000.00 (Ten Million Rand) and

R13 000 000.00 (Thirteen Million Rand) to be made available to the City, to initiate

the implementation of the Non-Motorised Transport Programme Phase 2:

CBD Network – Berea to DUT link.

3.8.3 That Council authorize an adjustment budget to the value of the grant as approved

via the MOU to initiate the implementation of the Non-Motorised Transport

Programme Phase 2: CBD Network – Berea to DUT link.

ADOPTED.

3.9 Review of Special Tariffs: Cleansing and Solid Waste Department: 2017/2018

SW 2017/025 (7/6/1/2):


At the Human Settlements and Infrastructure Committee meeting, with 33

Councillors present, 20 Councillors (ANC - 18, Independent - 1 and IFP - 2) voted in

support of the recommendations and 12 Councillors (DA – 10 and EFF - 02) voted

against the recommendations.


3.9.1 That authority be granted to the Head: Cleansing and Solid Waste to enter into

special tariff agreement arising from contractual arrangements with private

companies in providing a Waste Management service to commercial customers

within the eThekwini Municipality area.



3.9.2 That the tariff increases of between 6.5 and 9 % proposed in the report SW2017/025

of the Head: Cleansing and Solid Waste dated 2017-06-12 be approved and levied

with effect from 2017-07-01 in respect of the supply of Special Cleansing and Solid

Waste services.

As some Councillors were not in support of the above-mentioned

recommendations of the Executive Committee as it was contended that in terms

of the Municipal Finance Management Act, tariffs could not be increased

during mid-year and with majority of the Councillors in support of the

recommendations, the matter was put to the vote. With 185 Councillors present,

123 Councillors (ANC – 106, IFP – 10, IND – 2, AIC – 1, MF – 1, DLC – 1,

TA - 1 and AL JAMA-AH – 1) voted in favour and 62 Councillors (DA – 54 and

EFF – 8) voted against. There were no abstentions recorded.



3.10 Rectification of Pre-1994 Housing Stock Programme (R293, Ex Own Affairs and

Lamontville) (22/7/1/1/3):

(LOT : Human Settlements and Infrastructure Committee - Agenda 2017-11-07)


3.10.1 That the Head: Human Settlements be tasked to seek funding approval from the

National and Provincial Departments of Human Settlements for an annual amount of

R100 000 000.00 (One Hundred Million Rand) for the Rectification of Pre-1994

Housing Stock Programme (R293, ex own affairs and Lamontville)

3.10.2 That the debt of R249 301 130.15 (Two Hundred and Forty Nine Million, Three

Hundred and One Thousand, One Hundred and Thirty Rand, Fifteen cents) be offset

on a 60/40% ratio basis (60% towards remedial work and 40% towards offsetting

the debt).

Financial implications:

The following scenarios are presented for consideration taking into account the

quantum of funds required on an annual basis to make a meaningful contribution

towards the 42 293 units that require remedial work and ratio of funding that will be

required to offset the debt on 50/50 basis, 60/40 basis and 70/30 basis given that

R100 000 000.00 fund is provided on annual basis.

SCENARIO 1.70/30% BUDGET ALLOCATION (NEW WORK AND DEBT)

Province Approval Required Budget Per Financial Year

Budget Units Estimated

Average Cost

per unit

Total Budget Debt (30%) New Work

(70%)

R3 868 623 839 42293 R91 471.97 R100 000 000 R30 000 000 R70 000 000




Average Cost

per unit

Total Budget Debt (40%) New Work

(60%)

R3 868 623 839 42293 R91 471.97 R100 000 000 R40 000 000 R60 000 000






Average Cost

per unit

Total Budget Debt (50%) New Work (50%)

R3 868 623 839 42293 R91 471.97 R100 000 000 R50 000 000 R50 000 000

Based on the first scenario of 70/30% budget allocation, R70 000 000 (allocated for

new work) ÷ R75 000 (estimated average cost per unit) = 933 units that would be

rectified in each year. Therefore the rectification of R42 293 approved units based on

the 70/30% scenario will be completed in (42 293-6475 completed units =

35818 ÷ 933) +/- 39 years. Based on the second scenario 60/40% budget allocation

R60 000 000 ÷R75 000 =800 units that would be rectified each year and rectification

of 42 293 will be completed in (35818÷800) +/-45 years. Based on the third scenario

50/50% budget allocation R50 000 000 ÷R75 000= 667 units to be rectified each

year and rectification of 42 293 units will be completed in (35818÷667) +/-54 years.

MOTION TO AMEND

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

Councillor LM Meyer, moved as a procedural motion that the above

recommendations of the Executive Committee be amended in the first line of

3.10.2 thereof by the deletion of the ratio “60/40” and by the substitution

therefor of the ratio “90/10 and by the addition of recommendation 3.10.3 to

read as follows:

“3.10.2 That the debt of R249 301 130.15 be offset on a 90/10% ratio basis

(90% towards remedial work and 10% towards offsetting the debt).

3.10.3 That the City will endeavor to hand over the Title Deeds to the current

occupants of the houses.”

NOT CARRIED

As some Councillors were not in support of the abovementioned Motion to

amend the matter was put to the vote. With 182 Councillors present,

62 Councillors (DA – 54 and EFF – 8) voted in favour and 110 Councillors

(ANC - 105, IND - 2, AIC - 1, TA - 1 and AL-JAMAH - 1) voted against.

10 IFP Councillors abstained from voting.

The abovementioned Motion to Amend was, by the majority vote,

NOT CARRIED.

Thereafter the above recommendation of the Executive Committee was

ADOPTED.



4. REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE:


4.1 Naming of the Unnamed Street in Ward 25 Covering Sydenham (25/4/1/5/1):



That the following proposed naming of the unnamed Street in Ward 25 covering

Sydenham as contained in the report of the Head: Corporate Geographic Information

Systems dated 2017-09-20 and as indicated on Plan STN 05/09/17, be approved.

STREET CODE PROPOSED NAME REVIEWED NAME MEANING

122931 Balkumar Singh BALKUMAR SINGH

PLACE

Late local hero who

dedicated his life to the

establishment of

swimming baths for

people of colour

ADOPTED.

4.2 Naming of the Unnamed Streets in Ward 58 Covering Sibaya Signature

Development 925/4/1/5/1):

( : Governance and Human Resources Committee - Agenda 2017-11-17)


That the following proposed naming of the unnamed Streets in Ward 58 covering

Sibaya Signature Development as contained in the report of the Head: Corporate

Geographic Information Systems dated 2017-09-20 and as indicated on Plan

STN 16/05/17/DC, be approved.

STREET CODE PROPOSED NAME REVIEWED NAME MEANING

610859 Rhodium RHODIUM DRIVE Rhodium is the rarest of all

non-radioactive metals. It is a

highly reflective, rare silvery

metal.

610861 Iridium IRIDIUM DRIVE Iridium is one of the dense

metals. It has one of the

highest melting points.

ADOPTED.

4.3 Durban Youth Empowerment : Protection of Marine Environment Project (7/4/1):

(Page 61: Governance and Human Resources Committee - Agenda 2017-11-17)


4.3.1 That the implementation of Durban Youth Empowerment : Protection of Marine

Environment Project which seeks to advance empowerment and capacity building for

youth from former disadvantaged communities on the marine and coastal ecosystem,

be approved.

4.3.2 That the City Manager be authorised to enter into an Onward Funding Agreement,

subject to the approval of the Treasury and Legal Services Departments and for the

eThekwini Municipality to receive € 500 000.00 (R7 268 181.70) (Seven Million,



Two Hundred and Sixty Eight, One Hundred and Eighty One Rand and Seventy

Cents) estimated value at 15:1 exchange rate) from the Free Hanseatic City of

Bremen for the implementation of the Durban Marine Environmental Education

Network.

4.3.3 That subject to .2 above, the Chief Strategy Office: Long-Term Development

Planning as the lead implementing office working together with the

Intergovernmental Relations Unit be directed to oversee the management of funds for

the project in terms of the existing Memorandum of Agreement and in terms of the

project deliverables and compliance requirements of the agreement referred to

in .1 above.

4.3.4 That the Chief Strategy Office: Long-Term Development Planning as the lead

implementing office working together with the Intergovernmental Relations Unit be

authorised to appoint a Project Manager and Project Administration Clerk at suitable

task grades for a three (3) year period as per the contract agreement between the City

of Bremen and the eThekwini Municipality with the financial provision made in the

grant for the Project, and

4.3.5 That authority be granted to the Head: Intergovernmental Relations to allocate

funding for the Bremen-Durban Youth Empowerment: Protection of the Marine

Environment Project in terms of the existing Memorandum of Understanding and to

amend the current payment schedule to accommodate incoming funds from

Germany.

At the request of Her Worship the Mayor, Councillor ZRT Gumede, recommendation 4.3.4 above was AMENDED in the first and second lines

thereof by the deletion of the words “Chief Strategy Office: Long-Term

Development Planning as the lead implementing office working together with

the Intergovernmental Relations Unit” and by the substitution therefor of the

designations, words and punctuation “City Manager, together with the

Head: International and Governance Relations,”, to read as follows:

“4.3.4 That the City Manager, together with the Head : International and

Governance Relations, be authorised to appoint a Project Manager and

Project Administration Clerk at suitable task grades for a three (3) year

period as per the contract agreement between the City of Bremen and

the eThekwini Municipality with the financial provision made in the

grant for the Project, and”,

Thereafter, it was

RESOLVED:

4.3.1 That the implementation of Durban Youth Empowerment : Protection of

Marine Environment Project which seeks to advance empowerment and

capacity building for youth from former disadvantaged communities on the

marine and coastal ecosystem, be approved.

4.3.2 That the City Manager be authorised to enter into an Onward Funding

Agreement, subject to the approval of the Treasury and Legal Services

Departments and for the eThekwini Municipality to receive € 500 000.00

(R7 268 181.70) estimated value at 15:1 exchange rate) from the Free Hanseatic

City of Bremen for the implementation of the Durban Marine Environmental

Education Network.



4.3.3 That subject to .2 above, the Chief Strategy Office: Long-Term Development

Planning as the lead implementing office working together with the

Intergovernmental Relations Unit be directed to oversee the management of

funds for the project in terms of the existing Memorandum of Agreement and in

terms of the project deliverables and compliance requirements of the agreement

referred to in .1 above.

4.3.4 That the City Manager, together with the Head : International and Governance

Relations, be authorised to appoint a Project Manager and Project

Administration Clerk at suitable task grades for a three (3) year period as per

the contract agreement between the City of Bremen and the eThekwini

Municipality with the financial provision made in the grant for the Project, and

4.3.5 That authority be granted to the Head: Intergovernmental Relations to allocate

funding for the Bremen-Durban Youth Empowerment: Protection of the

Marine Environment Project in terms of the existing Memorandum of

Understanding and to amend the current payment schedule to accommodate

incoming funds from Germany.

5. PROJECT AUTHORITY FOR UNDERTAKING CITY WIDE EMERGENCY

REPAIRS RESULTING FROM STORM DAMAGES ON 10 OCTOBER 2017

(25/1/1/1)

(Page 28)

The Executive Committee noted that the above-mentioned storm has been declared a

Provincial disaster and that the KZN Provincial leadership will make representation

to National Treasury for disaster related funds. Depending on the outcome of

engagements with National and Provincial Departments, some funds may be

provided to eThekwini Municipality, from National/Provincial Treasury, for

emergency works. However, the required emergency works identified to date cannot

be delayed pending the outcome of such decisions.

In the circumstances and it having been advised that any funds received via the

Province would be used to reduce budget required.


5.1 That project authority be granted to undertake the repair work city-wide arising from

the storm damages on 10 October 2017 amounting to approximately

R308 000 000,00 (Three Hundred and Eight Million Rand) as per the breakdown

indicated in the report of the City Manager dated 2017-10-18 relative hereto.

5.2 That subject to .1 above, authority be granted to the Deputy City Manager: Finance

to identify funding for emergency repair work and include the projects in the next

adjustment budget and 2018/19 budget.


Normal projects will follow the standard SCM procedure however funding will need

to be identified for all projects, noting that the R30 000 000,00 (Thirty Million Rand)

emergency fund for the 2017/18 financial year is already fully committed to

addressing projects identified during the major storm of 24 to 26 July 2016.



Estimated Total Cost R308 106 350.00

Category Value

1. Emergency - R141 806 350.00 2017/18 Financial Year

2. Urgent - R166 300 000.00 2017/18 Financial Year


recommendations of the Executive Committee and with majority of the

Councillors in support of the recommendations, the matter was put to the vote.

With 175 Councillors present, 167 Councillors (ANC – 98, DA – 54, IFP – 9,

IND – 1, AIC – 1, MF – 1, DLC – 1, TA – 1 and AL JAMA-AH – 1) voted in

favour and no Councillors voted against. 8 EFF Councillors abstained

from voting.



6. AUTHORITY TO UTILISE SECTION 116(3) OF THE MUNICIPAL FINANCE

MANAGEMENT ACT FOR AN EXTENSION OF THE SCOPE OF WORK

UNDER CONTRACT NO 1H-12654: PROVISION OF MATERIAL SUPPLY

AND WAGE DISBURSEMENT SERVICES FOR THE CONSTRUCTION OF 696

TOP STRUCTURES AT THE OAKFORD PRIORY HOUSING PROJECT

(WARD 59) (22/7/1/1/3 & 9/1/3)

(Page 38)

With the Executive Committee Members Mncwango, De Boer and Hoosen

dissenting,


6.1 That, in terms of Section 116(3) of Municipal Financial Management Act, authority

be granted to amend Contract 1H-12654 for the material supply and wage

disbursement services for the construction of 696 (Six Hundred and Ninety Six) top

structures at Oakford Priory Housing Project at an additional contract authority of

R33 128 169.60 (Thirty Three Million One Hundred and Twenty Eight Thousand

One Hundred and Sixty Nine Rand and Sixty Cents) including VAT, due to the

following reasons:

6.1.1 The project was approved by the Department of Human Settlements and the 2014

Subsidy Quantum was applied and additional items such as ceiling boards with an

insulation blanket, electrical fittings with lighting, roof tanks and water harvesting

tanks were added to the new house design and specification. The additional items

were not included on the original contract/bill of quantities approved. The request is

for an addition of all items omitted to be aligned to the approved 2014 Subsidy

Quantum and National building norms and standards. The total cost per unit

is R102 953.55 (One Hundred and Two Million, Nine Hundred and Fifty Three Rand

and Fifty Cents).

6.1.2 The KZN Department of Human Settlements has approved an enhanced

Specification as per the 2014 Subsidy Quantum; hence the Inspectorate Division and

National Housing Building Regulations Council (NHBRC) will not pass the houses

should they not be completed as per the Specification.



6.1.3 The houses constructed are partially complete and exposed to vandalism and theft of

material on site.

6.1.4 The Oakford Priory Project has been negatively affected by the drought. As an

interim measure, all Units have been supplied with jojo tanks in order to utilize rain

water. Further that 20 (twenty) water tanks have been installed around the site.

6.2 That subject to the adoption of .1 above, public notices be advertised in the relevant

print media requesting comments and/or objections to the proposed amendments to

Contracts No. 1H-12654: Provision of Material Supply and Wage Disbursement

Services in line with the requirements of Section 116 (3) of the Municipal Finance

Management Act.


DOHS approval inclusive of the additional items

Approved

Budget from

DOHS

No. of Units Additional items

required as per

DOHS approval

Drought Items Total Amount

Required

R87 095 769.60 696 R29 230 569.60 R3 897 600.00 R33 128 169.60

Additional Terms as per DOHS Approval and Drought:

Additional Authority Amount Comment

External Plumbing (Pour Flush) R3 945 095.08 New Enhanced Specification

Electrical Stage 1, 2 & 3 R6 009 038.63 New Enhanced Specification

Ceiling R6 888 086.63 New Enhanced Specification

Concrete Aprons R9 871 838.63 New Enhanced Specification

Cistern, Driptray & Support Planks R2 516 510.63 New Enhanced Specification

Installation of Jojo-tanks R3 897 600.00 Drought Issue

TOTAL R33 128 169.60

Revised Contract Authority:

VAT Excluding VAT VAT Including

Existing Contract Value R47 340 000.00 R6 627 600.00 R53 967 600.00

Additional Contract Authority R28 490 225.86 R4 637 543.74 R33 128 169.60

Revised Contract Value R75 830 225.86 R11 265 143.74 R87 095 769.60

FC No.: 80/001/4/2017


recommendations of the Executive Committee in view of it being contended that

the Department had planned poorly and with majority of the Councillors in

support of the recommendations, the matter was put to the vote.

With 172 Councillors present, 113 Councillors (ANC – 100, IFP – 8, IND – 1,

MF – 1, DLC – 1, TA – 1 and AL JAMA-AH – 1) voted in favour and

53 DA Councillors voted against. 6 EFF Councillors abstained from voting.





7. AUTHORITY TO OPEN, OPERATE AND TRANSACT ON BANK ACCOUNTS

FOR THE PURPOSE OF TRANSACTING ON THE NEW INTEGRATED FARE

MANAGEMENT SYSTEM FOR GO! DURBAN (26/3/1/5)

(Page 44)


7.1 That the City Manager and the Deputy City Manager: Finance be authorised and be

empowered to act jointly to:

7.1.1 Sign all documents (including any amendments, replacements and/or novations

thereto from time to time) and do all things necessary to give effect to the above

appointment on behalf of the eThekwini Municipality which includes;

7.1.2 Signing of all account opening documents and electronic banking services related

documents (including any amendments, replacements and/or novations thereto from

time to time) provided by ABSA Bank Limited (Registration Number:

1986/004794/06), and to participate in such electronic banking services, as amended

from time to time.

ADOPTED.

8. REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF AUGUST

2017 (9/1/3)

(Page 46)

As part of exercising its oversight responsibility, the Committee scrutinized the

tenders as awarded in the month of August 2017. In response to issues of alleged

irregularities in awarding certain tenders, the attention was drawn to the ongoing

investigation with a view to addressing issues of irregularities. It was highlighted that

the Supply Chain Management processes will be strengthened to close any loopholes

in a bid to achieve clean governance.

With Executive Committee Members Mncwango, De Boer and Hoosen dissenting,


8.1 That the report of the City Manager dated 2017-10-27 relative to awards made by the

City for the month of August 2017, as presented, be noted.

8.2 That it be noted that where the information is available for wards and registration

numbers, it is included in the report, as information used to compile the report is

taken from submissions made by the Units.

8.3 That the City Manager reserves the right to investigate the awards with a view to

taking disciplinary, criminal and recovery actions where willful and negligent

violation of Supply Chain Management Policies and Municipal Finance Management

Act provisions are observed.



8.4 That the City Manager be tasked to table a report to the Committee relative to the

disciplinary, criminal and recovery actions taken, it being recorded that the

City Manager can only respond when the reports are available.




With 176 Councillors present, 106 Councillors (ANC – 101, IND – 1, MF – 1,

DLC – 1, TA – 1 and AL JAMA-AH – 1) voted in favour and 63 Councillors

(DA – 54 and IFP – 9) voted against. 7 EFF Councillors abstained from voting.

Thereafter recommendations 8.1 and 8.2 were, by the majority vote, NOTED

and recommendations 8.3 and 8.4 were, by the majority vote, ADOPTED.

9. REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF

SEPTEMBER 2017 (9/1/3)

(Page 119)


dissenting,


9.1 That the report of the City Manager dated 27 October 2017 relative to awards made

by the City for the month of September, as presented, be noted.














With 176 Councillors present, 106 Councillors (ANC – 101, IND – 1, MF – 1,

DLC – 1, TA – 1 and AL JAMA-AH – 1) voted in favour and 63 Councillors

(DA – 54 and IFP – 9) voted against. 7 EFF Councillors abstained from voting.

Thereafter recommendations 9.1 and 9.2 were, by the majority vote, NOTED

and recommendations 9.3 and 9.4 were, by the majority vote, ADOPTED.



10. STATUS ON THE ESTABLISHMENT OF STRATEGIC INTEGRATED

PROJECTS (SIP) STAKEHOLDER ENGAGEMENT FORA (12/8/1)

(Page 152)


10.1 That Her Worship the Mayor, Councillor ZRT Gumede, in consultation with the

Speaker, Councillor WL Mapena nominates Councillors to serve as Chairpersons of

the fora outlined in the table below, as well as Members to serve as alternates.

Name of the SEF Secretariat

EThekwini SEF eThekwini Municipality

Inland Hubs and Corridors

Cluster SEF

Department of Co-operative Governance an

Traditional Affairs

Aerotropolis Cluster SEF KZN Department of Economic Development and

Tourism

Port Development SEF Cluster Transnet

10.2 That the proposed days of the meetings be adopted, as follows:

Name of the SEF PROPOSED DAY

EThekwini SEF Last Thursday of every quarter

Inland Hubs and Corridors Cluster SEF Third Thursday of every quarter

Aerotropolis Cluster SEF Third Monday of every quarter

Port Development SEF Cluster Last Monday of every quarter

10.3 That the Mayors of iLembe, kwaDukuza, Camperdown, Msunduzi and

Mgungundlovu Municipalities be requested to participate at these meetings in view

of the SIP, cutting across their areas jurisdiction.

10.4 That the 2 (two) meetings recommended to establish Aerotropolis and Inland Hubs

and Corridors fora take place as soon as possible as this is long overdue.

10.5 That Council approves the establishment of 2 (two) Clusters/FORA as soon as

possible based on the availability of central venues convenient to everybody and the

7 (seven) days notification period of relevant stakeholders.

10.6 That Council notes the costs of establishing Strategic Integrated Projects and

conducting quarterly stakeholder engagements amounts to R635 000.00

(Six Hundred and Thirty Five Thousand Rand), as per the costs breakdown contained

in the report by the City Manager dated 2017-09-14.

Vote No.: 34552.21805.12120.0000.83000.0010 ; R635 000.00 ;

FC No.: 06/22

ADOPTED.



11. REQUEST FOR AUTHORITY TO IMPLEMENT THE 2017/18 SENIOR

CITIZENS PROGRAMME (19/1/1/2/2)

(Page 170)

The programme is viewed as a good initiative aimed at providing Senior Citizens

with Christmas groceries. However, some Members cited areas for improvements in

respect of events planning and Supply Chain Management Unit processes related

thereto.

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

dissenting on the basis of what they regarded as poor events planning and

inconsistencies regarding programme implementation,


11.1 That the request for project authority and associated budget required to implement

the 2017/18 Senior Citizens Programme in all eThekwini Municipality Wards, at a

total cost of R26 000 000.00 (Twenty Six Million Rand), be approved.

11.2 That the Head: Mayoral Parlour be authorised to implement the Senior Citizens

Programme and incur expenses as detailed below.

Financial Implication:

ITEM

Catering Services

Stage and Sound

Hire of Venue

Marquees, chairs and tables

Hampers

TOTAL R26 000 000.00

Vote No.: 32601.16325.12120.0000.38710.0010

FC No.: 06/36


recommendations of the Executive Committee in view of the contention that the

tender process and allocation of tickets had been irregular, and with majority of

the Councillors in support of the recommendations, the matter was put to the

vote. With 171 Councillors present, 101 Councillors (ANC – 97, IND – 1,

AIC - 1, DLC – 1 and TA – 1) voted in favour and 58 Councillors (DA – 51 and

EFF – 7) voted against. 12 Councillors IFP – 10, MF – 1 and AL JAMA-AH – 1)

abstained from voting.





12. AUTHORITY TO LAUNCH 16 DAYS OF ACTIVISM AT THE AMAOTI

SPORTS GROUND, INANDA AND HOST THE EDUCATIONAL WOMEN’S

MUSIC FESTIVAL AT MOSES MABHIDA STADIUM ON 16 DECEMBER 2017

AS A CLOSING PROGRAMME (12/9/R & 19/1/1/4)

(Page 173)

With Executive Committee Members Mncwango, De Boer and Hoosen dissenting on

the basis that the aforesaid event was not a priority of the Municipality,


12.1 That Council approves the launch of the 16 Days of Activism for Non Violence

Against Women and Children at the Amaoti Sport Ground and the Educational

Women’s Music Festival to be held on 16 December 2017 at the Moses Mabhida

Stadium as the closing program in the 16 Days of Activism at a cost of R950 000.00

(Nine Hundred and Fifty Thousand Rand).

12.2 That authority be granted to the Community and Emergency Services Unit; Health

Unit and Community Participation and Action Support Unit to co-ordinate and host

the 16 Days of Activism Programme.

12.3 That subject to the approval of .1 above, authority be granted to the Deputy City

Manager: Community and Emergency Services to inform the City Manager about the

progress and ultimate outcome.

Votes: various; R950 000.00 FC Number: 31/148 (Subject to availability

of funds)


recommendations of the Executive Committee in view of the contention that the

above-mentioned event was not a priority of the Municipality and with majority

of the Councillors in support of the recommendations as the event contained

many educational programmes, the matter was put to the vote. With 175

Councillors present, 121 Councillors (ANC – 99, IFP – 10, EFF – 7, IND – 1,

AIC – 1, MF – 1, DLC – 1 and TA – 1) voted in favour and 52 DA Councillors

voted against. 2 Councillors (APC – 1 and AL JAMA-AH – 1) abstained

from voting.



13. REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF

OCTOBER 2017 (9/1/3)

(Page 176)


dissenting,


13.1 That the report of the City Manager dated 10 November 2017, relative to awards

made by the City for the month of October, as presented, be noted.
















With 175 Councillors present, 113 Councillors (ANC – 99, EFF – 7, IND – 1,

AIC – 1, MF – 1, DLC – 1, TA – 1, APC - 1 and AL JAMA-AH – 1) voted in

favour and 62 Councillors (DA – 52 and IFP – 10) voted against. There were no

abstentions recorded.

Thereafter recommendations 13.1 and 13.2 were, by the majority vote,

NOTED and recommendations 13.3 and 13.4 were, by the majority vote,

ADOPTED.

14. ETHEKWINI MUNICIPALITY : CREDIT CONTROL AND DEBT COLLECTION

BY-LAW, 2017 : INSERTION OF DELEGATIONS INTO PART C AND PART D

OF THE ETHEKWINI TERMS OF REFERENCE AND DELEGATIONS

DOCUMENT (1/1/3/1/R)

(Page 187)


That the Delegations contained in Annexure “A” in respect of the Credit Control and

Debt Collection By-law, as contained in the report of the City Manager relative

hereto be approved and be inserted into the respective Part C and Part D of the

eThekwini Municipality Terms of Reference and Delegations document, subject to a

presentation on such By-law being given to the Executive Committee.

ADOPTED.

15. REQUEST FOR ADJUSTMENT OF PERIOD OF PERFORMANCE OF SERVICE

PROVIDERS FOR THE IMPLEMENTATION OF HUMAN SETTLEMENTS

PROJECTS (22/7/1/1/2)

(Page 288)


15.1 That, in terms of Section 116(3) of the Municipal Financial Management Act,

authority be granted to extend the contract duration for various professional services

Contracts for a period of 36 (thirty six) months commencing from 01 January 2018

to 31 December 2020 in the Northern Region, due to the following reasons:



15.1.1 Delays on finalization of land acquisition. Processes had to be finalized before

professionals could execute any work.

15.1.2 The adoption of high density housing typologies in projects delays the preparation of

suitable town planning layouts and approvals.

15.1.3 Delays in obtaining Council and COGTA approvals and also changes in Government

Regulation and Laws (i.e. from LFTEA to Planning and Development Act and now

Spatial Planning and Land Use Management Act).

15.1.4 The Council (Joint Advisory Committee) and COGTA approvals are in progress for

most contracts.

15.1.5 The stage 1, 2 and 3 application for subsidy funding have been submitted to the

Provincial Department of Human Settlements. Some applications have been

approved and others are awaiting approval.

15.1.6 Compliance with new Environmental Legislations i.e. WULA (Water Use License

Authority).


print media for the prescribed period of time requesting comments and/or objections

to the proposed amendments to the various professional services contracts in line

with the requirements of Section 116 (3) of the Municipal Finance Management Act.


There are no financial implications, budget is available.

ADOPTED.

16. REPORT ON INVESTMENTS (7/11/4)

(Page 295)


That the report on investments for the eThekwini Municipality as at 2017-10-31,

which records the total funds invested at financial institutions as R6 122 000.00

(Six Million, One Hundred and Twenty Two Thousand) at an average rate of return

on investments of 7.66%, as submitted by the City Manager and detailed in his report

dated 2017-11-15, in line with the requirements of the Municipal Cash Management

and Investment Regulations of the Municipal Finance Management Act, 2003,

be noted.

NOTED.

17. APPOINTMENT OF PROFESSIONAL SERVICES PROVIDER (PSP) FOR

THREE YEARS TO SUPPORT IMPLEMENTATION OF INFRASTRUCTURE

ASSET MANAGEMENT IMPROVEMENT PROGRAMME (10/2/2)

(Page 308)


17.1 That authority be granted for the appointment of a Professional Services Provider for

a period of 3 (three) years to assist the eThekwini Municipality to implement

Infrastructure Asset Management best appropriate practices using the automated

software system from a locally tested based company.



17.2 That subject to .1 above, funding be provided via Adjustment Budget.


The programme will be implemented over a period of 3 (three) years. The PSP will

sourced using the open tender process. Thus the estimated budget requirements is

R33 000 000 (Thirty Three Million Rand) for 2017-2020 with the financial

breakdown per financial year being detailed in the report of the City Manager

dated 2017-06-15.

ADOPTED.

18. ACCEPTANCE OF PERCY WIDMORE BROOK TRUST BEQUEST TO

ETHEKWINI MUNICIPALITY TO MEET THE TERMS OF THE ESTATE FOR

A COMMON CULTURAL CENTRE (31/1/1/2)

(Page 313)


18.1 That the bequest made under the will of the late Percy Widmore Brook of

approximately R10 000 000.00 (Ten Million Rand) to the Municipality for the

purpose of the construction of a common cultural centre be accepted.

18.2 That subject to the adoption of .1 above, the funds of approximately R10 Million be

utilized for the construction of an Indoor Sports Hall in Siripat Grounds, Reservoir

Hills to meet the terms of the bequest of the late PW Brook.

18.3 That subject to the adoption of .1 and .2 above:

18.3.1 Authority be granted to the Deputy City Manager: Finance to be the designated

official and to issue all relevant instructions to the First National Bank, the Trust

Administrator in the estate of the late PW Brook, and sign all relevant documentation

relating to the transfer of such funds into the bank account of the Municipality as

well as any ancillary documents to give effect thereto;

18.3.2 The Head: Parks, Recreation and Culture be tasked to take over ownership of the

project in terms of the Capital Projects Provision;

18.3.3 The Head: Parks, Recreation and Culture be mandated to make provision on the

Capital Projects Budget for any additional future funds and maintain this project,

if the funds arising from the bequest, are not sufficient to complete the Indoor

Sports Centre;

18.3.4 The Head: Parks, Recreation and Culture be directed, upon completion of the project,

to erect a commemorative plaque in acknowledgment of the bequest of the late

PW Brook, as directed in terms of the will.

ADOPTED.



19. NATIONAL SOLAR WATER HEATER PROGRAMME (22/7/1/1/2 & 27/1/2/R)

(Page L13)

In response to questions raised in the above regard it was noted that the roll out

process would be outlined by the Department of Energy in conjunction with Human

Settlements and Infrastructure Unit who would be involved in monitoring the roll-out

of the programme. It was further noted that no financial implications would be

incurred by the Municipality.


abstaining,


19.1 That Council notes that the Department of Energy’s process preparing for the roll-out

of solar water heaters that will be installed through utilization of local resources,

is underway and that proper technical assessments and quality eligibilities will be

applicable in guiding the implementation to minimize the risk to the Municipality

and home-owners.

19.2 That Council notes that the Accounting Officer, through the relevant HSET Cluster

will submit regular status reports to Executive Committee on the progress of

implementation and the gains made on critical outcomes.


The installation is fully subsidized. There are no direct financial costs to be covered.

Staff costs will be incurred, but no additional budget provisions are considered.




With 161 Councillors present, 111 Councillors (ANC – 95, IFP – 10, IND – 1,

AIC – 1, MF – 1, TA – 1, APC – 1 and AL JAMA-AH – 1) voted in favour and

no Councillors voted against. 50 Councillors (DA – 42 and EFF – 8) abstained

from voting.



20. AUTHORITY FOR IMPLEMENTATION OF PROGRAMMES IN THE

MAYORAL PARLOUR UNIT FOR THE 2017/2018/ FINANCIAL YEAR

(3/4/4/1 & 13/2/1/1/1

(Page L14)

Certain Members of the Executive Committee contended that certain programmes

outlined in the schedule, attached to the report of the City Manager dated

2017-11-10, were not deemed to be a priority and not adding value to the lives of the

people thus questioning the budget in respect thereof. It was however advised that

such programmes responded to the needs of the Community and these were being

valued by Members of the Community.




dissenting,


20.1 That the request to implement projects of Her Worship the Mayor, as contained in

the report of the City Manager dated 2017-11-10, which is in line with the Service

Delivery and Budget Implementation Plan, at the cost of R25 230 000.00

(Twenty Five Million Two Hundred and Thirty Thousand Rand) be approved.

20.2 That authority be granted to implement programmes in the Mayoral Parlour Unit for

the 2017/2018 financial year and incur expenses as detailed in the report of the

City Manager dated 2017-11-10.


recommendations of the Executive Committee as it was contended that certain

programmes were not deemed to be a priority of the Municipality and not

adding value to the lives of the people thus questioning the budget in respect

thereof. However, the majority of the Councillors were in support of the

recommendations as the programmes responded to the needs of the Community

and were being valued by Members of the Community. Furthermore, such

programmes were in line with the Service Delivery and Budget

Implementation Plan.

The matter was thereafter put to the vote. With 164 Councillors present,

101 Councillors (ANC – 95, IND – 1, AIC – 1, MF – 1, TA – 1, APC – 1 and

AL JAMA-AH – 1) voted in favour and 45 DA Councillors voted against.

18 Councillors (IFP – 10 and EFF – 8) abstained from voting.



_______________

(Her Worship the Mayor, Councillor ZRT Gumede presented the Third Report

of the Executive Committee).

____________



THIRD REPORT OF THE EXECUTIVE COMMITTEE (Meeting held 2017-11-28)


F Peer (Deputy Mayor), BA Fortein, S Hoosen, SA Kaunda, ZM Mncwango,

MM Mthembu, and ZR Sokhabase.

ABSENT : Executive Committee Members HU De Boer and MS Nkosi (both on

leave-Municipal business)

_____________

1. REPORT OF THE SECURITY AND EMERGENCY SERVICES COMMITTEE:


(Page R1)

1.1 Request for Approval: Transfer of Obsolete Water Craft from eThekwini Fire and

Emergency Services Unit to South African Police Services - Port Shepstone Dive

Unit (8/1/4):

(Page 104: Security and Emergency Services Committee - Agenda 2017-11-23)

The Security and Emergency Services Committee noted the request made by the

South African Police Services (Port Shepstone Dive Unit) for the free transfer of an

obsolete rescue boat from the eThekwini Fire and Emergency Services Unit fleet.

As the Executive Committee was in support of the matter,


That in terms of Section (90) Disposal of Capital Assets, Clause (6) of the Municipal

Finance Management Act 2003, the Head: eThekwini Fire & Emergency Services be

authorised to transfer the water craft at no cost as described below, to the South

African Police Services – Port Shepstone Dive Unit to be rehabilitated for use in

order to maintain the delivery of water rescue and recovery services by SAPS.

Description Registration no. Serial No. Asset No.

Rescue Boat RB 02 DTD 415 C A0034493 (a)

Rescue Trailer NDM 4588 A0034493 (b)

Financial Implications

Date of Purchase : 1998/03/02

Purchase Price : R15 000, 00

Net Book Value : RB 02 - R92, 32 as @ 2016/06/30

Rescue Trailer : - R46, 28 as @ 2016/06/30

ADOPTED.

1.2 Request for Funding: Drop-in Centres (28/1/4):


At the Security and Emergency Services Committee meeting it was advised that

during the Homeless Study there was a need for the establishment of referral centres

known as “Drop in Centres” where homeless people can receive intermediate support

and other relevant services such as screening and psycho social services,

reunification with their families and re-integration to society and assistance with

processes of acquiring identification documents and birth certificates.



The Democratic Alliance advised that although they were in favour of the request,

there was no plan of action presented to the meeting relative to the funding and they

therefore could not support the matter.

The Democratic Alliance and the Economic Freedom Fighters abstained from voting

at the Security and Emergency Services Committee.

With the majority members of the Executive Committee being in support


1.2.1 That approval be granted for capital funding of R686 000.00 (Six Hundred and

Eighty Six Thousand Rand) for the establishment of one (1) Drop-in Centre in the

Isipingo Central Business District (CBD) to provide reception, screening, referral

and psycho social services for the homeless people in the 2018/2019 financial year.

1.2.2 That approval be granted for the operational funding of R1 021 300.00 (One Million,

Twenty One Thousand and Three Hundred Rand) to be identified from the

Community and Emergency Services Cluster savings to fund the operations of

3 (three) Drop in Centres within the Durban and Isipingo CBD as outlined in the

Homeless Study recommendations.

1.2.3 That approval be granted for the establishment and operation of three Drop-in

Centres for Homeless and Displaced Persons within eThekwini CBD and Isipingo at

vacant Council properties located on Margaret Mncadi (formerly occupied by

Security Management), Dalton (next to beerhall) and Isipingo (site still to be

identified) using movable structures in line with Homeless Research Study

recommendations.

1.2.4 That approval be granted for the engagement of Non-Governmental Organisations,

Community Based Organisations and Faith Based Organisations as partners with the

Municipality through a Memorandum of Understanding to offer various services

within the Drop in Centres.

1.2.5 That approval be granted for the engagement of the KwaZulu-Natal Provincial Social

Development Department through a Service Level agreement to provide services to

the homeless within agreed terms.

1.2.6 That approval be granted for the Expanded Public Works Programme job

opportunities to be allocated to the rehabilitated homeless persons and or

rehabilitated drug users as a pathway out of homelessness so as to facilitate

reunification with their families.

1.2.7 That approval be granted for the appointment of five (5) Social Work Interns to

provide psycho social services at the identified Drop in Centres through eThekwini

Municipal Academy.

REFERENCE BACK

In terms of Rule of Order Bylaw 20(1)(c), Councillor PB Ntuli, seconded by

Councillor M David, moved as a procedural motion that the above

recommendations of the Executive Committee be referred back to the Security

and Emergency Services Committee in view of the following reasons:

- There is no clear programme of action with an outline of how this project

would be implemented.



- There is a significant lack of information hereon and the Security and

Emergency Services Committee has not had an opportunity to

interrogate this.

- The Security and Emergency Services Committee was supposed to have

had a workshop on the matter where further information would have been

provided. However, that workshop is yet to take place.

NOT CARRIED

As some Councillors were not in support of the reference back, the matter was

put to the vote. With 179 Councillors present, 54 DA Councillors voted in

favour and 118 Councillors (ANC – 101, IFP – 10, IND – 1, AIC – 1, MF – 1,

DLC – 1, TA - 1, APC - 1 and AL JAMA-AH - 1) voted against.

7 EFF Councillors abstained from voting.

The above-mentioned motion to refer back was, by the majority vote,

NOT CARRIED.

Discussion thereafter reverted to the substantive motion and as some

Councillors were not in support thereof the matter was put to the vote.

With 179 Councillors present, 118 Councillors (ANC–101, IFP – 10, IND – 1,

AIC – 1, MF – 1, DLC – 1, TA - 1, APC - 1 and AL JAMA-AH - 1) voted in

favour and 7 EFF Councillors voted against. 54 DA Councillors abstained

from voting.



1.3 Agreement for Management of Motor Vehicle Registration and Licensing and Driver

License Testing Centres (28/2/8/1):


The Committee was advised that authority was being sought for the signing of a new

three year agreement with the Department of Transport for the management of Motor

Vehicle Registration and Licensing as well as Learner and Driver’s Test Centres.

It was noted that the expiry date of the existing agreement was 31 December 2017.

With the Executive Committee being in support


1.3.1 That the City Manager be authorised to enter into a revised three (3) year agreement

with the Department of Transport for the management of the Vehicle Registration,

Licensing and Driver’s Licence Test Centres at Verulam, Amanzimtoti and

Umhlanga for a period of three years, it being noted that the Municipality receives

100% of the revenue generated at the drivers licence test centres and 8.55% of the

revenue generated at the vehicle licencing offices.

1.3.2 That the amendment relating to the exclusion of the function relating to vehicle

testing, be noted in the new agreement as it is due to the facility not being utilised by

Members of the public who elect to utilise private testing centres and the prohibitive

cost to replace technology and maintenance thereof.

ADOPTED.



1.4 Holiday Safety Programme: Separated Children – 2017/2018 (28/1/4):

(Page 231: Security and Emergency Services Committee - Supplementary

Agenda 2017-11-23)


1.4.1 That authority be granted for the implementation of the 2017/2018 Holiday Safety

Programme for Children separated from their families on beaches as part of the

Festive Management Plan for the City during the Festive Season commencing from

01 December 2017 to 30 January 2018.

1.4.2 That approval be granted for the utilisation of R197 600.00 (One Hundred and

Ninety Seven Thousand Six Hundred Rand) from the Safer Cities Unit budget to

procure 76 000 (seventy six thousand) armbands for the Holiday Safety Programme:

Separated Children – 2017/2018.

FC: SC 0002/18 Vote No.: 24511.20325.1210.0000.76200.0010.

ADOPTED.

2. REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING

COMMITTEE: MEETING HELD ON 2017-11-23

(Page R4)

2.1 Inclusions of Relevant Previously Approved Items on Municipal 2017/2018 Capital

Budget (7/2/2):

(Page 26: Economic Development and Planning Committee - Agenda 2017-11-23)

The Economic Development and Planning Committee was advised that approval was

being sought for the inclusion of the Environmental Planning and Climate Protection

Department’s previously approved CAPEX (capital expenditure) projects

totaling R8 100 000.00 (Eight Million One Hundred Thousand Rand) in the

Municipality’s 2017/2018 CAPEX budget.

It was noted that the request is in line with Section 19(1) (b) of the Municipal

Finance Management Act, and that 3 (three) projects for which approval was

obtained had not been completed. The projects were not completed in the 2016/2017

financial year, and do not appear on the 2017/2017 CAPEX budget.



2.1.1 That authority be granted in terms of Section19 (1)(b) of the Municipal Finance

Management Act, for the addition of the capital projects onto the Municipality’s

Budget, for Capital Spend by the Environmental Planning and Climate Protection

Department, for items totaling R7 750 000.00 (Seven Million Seven Hundred and

Fifty Thousand Rand) within the 2017/2018 financial year.

2.1.2 That the additional projects be included in the 2017/2018 adjustment budget.



Votes: Centre of Excellence upgrade (S7008/C2499) R3.25M (2017/18)

Vehicles, Plant and Equipment Acquisitions (S7005) R2.00M (2017/18)

Assagay Ecology Base (S7007) R2.50M (2017/18)

FC No.: 46/CA37

ADOPTED.

2.2 Land Acquisition for Environmental Protection Programme (17/2/1/1/2):


The Economic Development and Planning Committee was advised that authority was

being sought by the Environmental Planning and Climate Protection Department to

acquire selected environmentally sensitive properties, and to delegate authority to the

Head: Real Estate to sign all relevant documentation, including sale and donation

agreements to effect transfers.



2.2.1 That the acquisition of selected environmentally sensitive properties at values to be

determined by the Real Estate Unit in order to effect capital expenditure,

be approved.

2.2.2 That subject to approval of .1 above, the Bid Adjudication Committee consider and

adjudicate on the reports seeking to use Section 36 (1) (a) (ii) of the Municipal

Supply Chain Management Regulations.

Financial provisions have been made as follows:

Vote: 26440.45405.51080.0000.S7001A.0010 R2 625 000 Provided (2017/2018)

26440.45405.12120.0000.S7001B.0010 R 788 000 Provided (2017/2018)

R3 413 000 FC 46/CA107

Vote: 26440.45405.51080.0000.S7001A.0010 R2 625 000 Provided (2018/2019)

26440.45405.12120.0000.S7001B.0010 R 945 000 Provided (2018/2019)

R3 570 000

2.2.3 That subject to the approval of .1 above, authority be granted for the Environmental

Planning and Climate Protection Department to secure additional budget during the

budget adjustment period, if necessary.

2.2.4 That subject to the approval of .1 and .2 above, the Head: Real Estate be delegated to

sign the relevant Sale and Donation Agreements; and all documents necessary to

effect transfer to the eThekwini Municipality.

ADOPTED.



2.3 Report on Review of Adopted Economic Development Incentive Policy (20/1/P):


The Head: Economic Development and Investment Promotion advised that approval

of the reviewed Economic Development Incentive Policy, which gives effect to

Clause 14 of the approved eThekwini Rates Policy 2017/2018, was being sought.

It was noted that the Policy responds to Programme 2 of the Economic Development

and Job Creation Strategy (2014) which relates to Facilitation of Private Sector

Investment and Partnerships, and the Durban Investment Promotion Strategy (2017)

by providing for economic incentives which seeks to attract investors in key sectors

that are pivotal to job creation.



That the amended Economic Development Incentive Policy 2017/2018 as contained

in the report of the City Manager dated 2017-10-10, be approved and authorised for

implementation.

ADOPTED.

2.4 Bridge City: Effingham Development Joint Venture Proceeds from Dividend Income

(20/1/3/R):



2.4.1 That the principle of offering limited financial contribution to off-set the initial high

monthly rental costs imposed on tenants of new Social Housing Units and for the

purpose of security and accelerating the private sector development of Social

Housing complexes at the Bridge City Town Centre, be supported.

2.4.2 That subject to adoption of .1 above, the Effingham Development Joint Venture, in

its capacity as Development Manager of the Bridge City Town Centre, be authorized

to draw down a portion of the Municipality’s share of proceeds from land sales at

Bridge City; to retain and manage such funds in a separate account; and to oversee

the judicious allocation of amount equivalent to the levy that would be due on each

Municipal development unit, and make payment of such amounts to the Bridge City

Management Association to whom these levies become due.

2.4.3 That subject to .2 above, the value that may be held in this account be capped at

R6 500 000.00 (Six Million Five Hundred Rand) whereafter the proceeds revert to

the City’s Treasury.

2.4.4 That subject to adoption of .3 above, and in the event of eThekwini Municipality

retaining ownership of any of the properties beyond 3 (three) years the Head: Real

Estate and Head: Legal Services and Compliance be authorized to undertake the

process as provided for in terms of Section 33 of the MFMA which is deemed

necessary to commit to the payment of levies.



2.4.5 That subject to the adoption of .4 above, the responsible Municipal Units

implementing the proposed developments would be responsible to provide the

funding in their annual budget process.


recommendations of the Executive Committee the matter was put to the vote.

With 176 Councillors present, 122 Councillors (ANC – 99, IFP – 9, EFF – 7,

IND – 1, AIC – 1, MF – 1, DLC – 1, TA – 1, APC – 1 and AL JAMA-AH – 1)

voted in favour and 54 DA Councillors voted against. There were no abstentions

recorded.



2.5 Request to Enter into Partnership Agreements with Government Departments for

Implementation of Radical Agrarian Socio-Economic Transformation Programme

(RASET) the Programme (20/1/6/1):


In presenting the matter to the Economic Development and Planning Committee,

it was highlighted that the Radical Agrarian Socio-Economic Transformation

Programme has unlocked value amounting to R120 000 000.00 (One Hundred and

Twenty Million Rand) directly to previously disadvantaged producers and logistics

operators over a three year period, for the supply of vegetables to the Department of

Education.

It was noted that the proposed partnership with government departments will assist

the Municipality to address the urgent challenges of extreme poverty, unemployment

and inequality,

With the Executive Committee being in agreement


2.5.1 That authority be granted to the City Manager to enter into a Memorandum of

Agreement with the Department of Agriculture and Rural Development and the

Department of Education for implementation of the Radical Agrarian

Socio-Economic Transformation Programme.

2.5.2 That subject to approval of .1 above, the City Manager be granted the authority to

enter into Service Level Agreements with each department for specific programme

implementation for the supply of vegetables to the Department of Education.

ADOPTED.

2.6 Main Road Upgrade: Hammarsdale (25/4/2):

(Page 334: Economic Development and Planning Committee - Supplementary

Agenda 2017-11-23)


2.6.1 That Council notes the developments in the Hammarsdale area and the need to

upgrade MR385.



2.6.2 That the upgrading of Main Road 385 on the understanding that the road will be

de-proclaimed and transferred to the Municipality subject to the City Manager

determining the costs after final designs are complete, be approved.

2.6.3 That subject to the adoption of .2 above, the City Manager be authorised to enter into

a Memorandum of Agreement with Rokwil Property Development and

KZN Department of Transport for the joint cost sharing in the upgrade and widening

of Main Road 385 (Mthoko Mkhize Road).

2.6.4 That subject to the adoption of .2 and .3 above, the matter be referred to the Bid

Adjudication Committee for noting.

2.6.5 That subject to .3 above, provision be made as required.

Project: R20M (Excl. VAT) To be provided via the 2017/18 capital budget

R46,7M (Excl. VAT) To be provided 2018/19

R46,7M (Excl. VAT) To be provided 2019/20

ADOPTED.

2.7 Status Report: Land Use Strategy and Scheme to Support C3 Corridor: to Adopt the

Land Use Strategy and Amendments to Inner West, Outer West and Central Planning

Schemes (21/4/1):

(Page 390 : Economic Development and Planning Committee - Supplementary

Agenda 2017-11-23)


2.7.1 That in terms of Section 18, Chapter 6 of the Planning By-law:

2.7.1.1 The Land Use Strategy at Annexure A of the report, for the C3 Corridor be adopted;

2.7.1.2 The zoning/rezoning – Plan No LU_STRAT_RADI_OCT 2017 within the

400m/800m, be adopted

2.7.1.3 The parking provision within the 400m be NIL.

2.7.1.4 The parking provision within the 800 radius, remain as per the Scheme clauses.

2.7.1.5 The Durban Planning Scheme be amended and adopted as follows:

● To amend Appendix 1 by inserting Zone 42, to add new Clause 35 and to

insert the new Appendix 11 into the Durban Scheme.

● The adoption of Plan No. Central_LU_STRAT_OCT 2017 into the Durban

Planning Scheme.

2.7.1.6 The Inner West Scheme be amended and adopted as follows:

● To amend the Inner West Planning Scheme (Section 7, Development

facilitation Tables) by the addition of the IPTN Mixed Use 1, IPTN Mixed

Use 2, IPTN Mixed Use 3, IPTN Residential, IPTN Transport Depot and

Transport Oriented Development zones with associated development

facilitation tables.



● To amend the Inner West Scheme, Annexure B, Section 7, Development

Facilitation Tables by the addition of the IPTN Mixed Use 1, IPTN Mixed


Transport Oriented Development zones with associated Development

Facilitation Tables

● The adoption of Plan No. Inner West_LU_STRAT_OCT 2017 into the Inner

West Planning Scheme;

2.7.1.7 That the Outer West Planning Scheme be amended and adopted as follows:

● To amend the Outer West Planning Scheme (Section 7, Development

Facilitation Tables) by the addition of the IPTN Mixed Use 1, IPTN Mixed


Transport Oriented Development zones with associated development

facilitation tables.

● The adoption of Plan No. Outer West_LU_STRAT_OCT 2017 into the

Outer West Planning Scheme.

ADOPTED.

2.8 The International Association for Impact Assessment (IAIA) : Request for

Municipality to Partner in Hosting the 38th Annual Conference at the ICC in Durban:

May 2018 (32/3/1)

(Page L15: Economic Development and Planning Committee - Agenda 2017-11-23)

The Economic Development and Planning Committee noted that the International

Association for Impact Assessment is the leading global network on best practice in

the use of impact assessment for informed environmental decision making regarding

policies, programs, plans and projects.

The Association provides an international forum for advancing innovation and

communication of best practice in all forms of impact assessment, to further the

development of local, regional and global capacity in impact assessment through the

themed international conference.

It was noted that the May 2018 Conference will be brought to South Africa for the

second time in its 38 year history, with Durban having been selected as the host City,

and will have major socio-economic spin-offs for the City.



2.8.1 That approval be granted for eThekwini Municipality to enter into partnership with

the International Association for Impact Assessment and the International

Association for Impact Assessment – South Africa (IAIASA) in the planning for and

hosting of the 38th IAIA Conference at Inkosi Albert Luthuli International

Convention Centre in Durban from 2018-05-14 to 2018-05-19.

2.8.2 That authority be granted for the City Manager to enter into Memorandum of

Understanding with International Association for Impact Assessment and the

International Association for Impact Assessment – South Africa to formalise

partnership referred to in .1 above.



2.8.3 That subject to the approval of .1 and .2 above, the Head: Development Planning,

Environment and Management be authorised to oversee all operational matters

related to the aforementioned partnership, and ensure that the necessary reporting

and auditing are undertaken.

2.8.4 That the Head: Development Planning, Environmental and Management be

authorised to incur expenditure in the amount of R3 000 000.00 (Three Million

Rand) towards the hosting of the 38th Annual Conference in May 2018 at the Durban

ICC to cover venue, catering and design and print of promotional material.

FC Number 46/51

Vote 26440.11485.12120.0000.49225.0010

ADOPTED.

3. AFUS ETHEKWINI LEGACY PROJECT, SAFETY AUDIT AND CITY SAFETY

LAB PROJECT (28/1/1/1)

(Page 30)

The Democratic Alliance abstained on the basis that no clarity had been provided on

projects that would be excluded to cater for the abovementioned project.

With the majority members of the Executive Committee being in support,


3.1 That in view of the Municipality’s responsibility of promoting a safe and healthy

environment as one of the projects of Local Government in terms of Section

152(1)(d) of the Constitution of the Republic of South Africa and as safety is

prioritised in its long term development plan, the funding of R1 500 000.00

(One Million, Five Hundred Thousand Rand) as co-funding from eThekwini

Municipality for Phases 1, 2 and 3 of African Forum for Urban Safety eThekwini

Safety Audit and City Safety Lab Project which is part of AFUS Durban Legacy

project in line with the Cooperation Agreement between UN Habitat and the

eThekwini Municipality, be approved.

3.2 That the initial allocation of R618 422.00 (Six Hundred and Eighteen Thousand Four

Hundred and Twenty Two Rand) be identified from savings from the Community

and Emergency Services Cluster during the 2017/2018 financial year adjustment

budget to implement Phase 1 of the AFUS eThekwini Safety Audit Project and

City Safety Lab Project.

3.3 That the allocation of R881 578.00 (Eight Hundred and Eighty One Thousand,

Five Hundred and Seventy Eight Rand) be secured during the 2018/2019 financial

year to implement Phases 2 and 3 of the AFUS eThekwini Safety Audit and

City Safety Lab Project.

ADOPTED.



4. UTILISATION OF SECTION 57(1) OF SUPPLY CHAIN MANAGEMENT

POLICY FOR PROCUREMENT, SUPPLY AND DELIVERY OF VEGETABLES

AS SPECIFIED IN NATIONAL SCHOOL NUTRITION PROGRAMME (NSNP)

(19/1/1/1/2)

(Page 37)

With the Democratic Alliance abstaining and the majority members of the Executive

Committee being in support,


4.1 That authority be granted for the City Manager to appoint uThungulu Fresh Produce

Market as an implementing agent for the NSNP veggie supply for a proposed

maximum management fee of R3 975 480.00 (Three Million Nine Hundred and

Seventy Five Thousand Four Hundred and Eighty Rand) or 12.5% of the NSNP

contract subject to revenue generated from such contract exceeding expenditure.

4.2 That subject to .1 above, authority be granted for the City Manager to enter into a

Service Level Agreement with UFPM for the implementation of the NSNP vegetable

supply contract.

The heading was AMENDED by the deletion of the word “Regulations” and by

the substitution therefor of the word “Policy”.


recommendations of the Executive Committee and the majority of the Members

being in support, the matter was put to the vote. With 180 Councillors present,

108 Councillors (ANC – 101, IND – 1, AIC – 1, MF – 1, DLC – 1, TA – 1,

APC - 1 and AL JAMA-AH – 1) voted in favour and 64 Councillors (DA – 54

and IFP – 10) voted against. 8 EFF Councillors abstained from voting.



5. AUTHORITY TO UTILISE SECTION 116(3) OF THE MUNICIPAL FINANCE

MANAGEMENT ACT TO INCREASE CONTRACT AUTHORITY ON

CONTRACT E.9352 FOR SUPPLY, DELIVERY AND OFFLOADING OF

CABLE FAULT LOCATOR EQUIPMENT (27/2/1/3/R) & 9/1/3)

(Page 141)

With the Democratic Alliance abstaining and the majority members of the Executive

Committee being in support,


5.1 That, in terms of Section 116(3) of Municipal Financial Management Act, authority

be granted to amend Contract E.9352 to increase the contract authority of the original

contract from 3 to 4 units by an addition of 33.3% or R733 895.89 (Seven Hundred

and Thirty Three Thousand, Eight Hundred and Ninety Five Rand and Eighty Nine

Cents) including VAT in order that an additional surge generator may be purchased

on the existing contract for the following reasons:



5.1.1 The original contract authority is for the purchase of 3 (three) surge generators and

the contract price was R2 201 687.67 (Two Million, Two Hundred and One

Thousand, Six Hundred and Eighty Seven Rand and Sixty Seven cents) inclusive

VAT. The letter of award was dated 2016-03-15 and the contract was for a 24 month

period. Three surge generators have been purchased on the contract so far, two in the

2015/16 financial year and one in the 2016/17 financial year.

5.1.2 The Protection and Test Branch has a total of 7 (seven) test vehicles equipped to

undertake the faults locations, and these 3 (three) surge generators were purchased to

replace old equipment which had reached the end of its lifespan.

5.1.3 As a result of the unexpected failure of one of the existing surge generators in the

branch, it has now become necessary to replace this equipment in order to maintain

the existing fleet at its full capacity of 7 (seven) fully equipped test vehicles.

This therefore necessitates an increase in the original contract authority from 3 units

to 4 units.



Contracts No. Contract E.9352: supply, delivery and offloading of cable fault locator

equipment in line with the requirements of Section 116(3) of the Municipal Finance

Management Act.

Vote : 37970/44350/11100/0000/PC8800/0010

FC No.: 361/CA0081

ADOPTED.

6. AUTHORITY TO UTILISE SECTION 116(3)(a)&(b) OF THE MUNICIPAL

FINANCE MANAGEMENT ACT FOR THE PROVISION OF ELECTRICAL

ENGINEERING SERVICES INFRASTRUCTURE THAT INCLUDES THE

INSPECTION, REPORTING AND REMOVAL OF ILLEGAL SERVICES IN

ETHEKWINI’S ELECTRICITY AREAS (27/2/5/4 & 9/1/3)

(Page 147)

With the Democratic Alliance abstaining and the majority of the Executive

Committee members being in support


6.1 That, in terms of Section 116(3) of Municipal Finance Management Act, authority be

granted to increase the contract value of Contract E.9315 for the provision of

electrical engineering services infrastructure that includes the inspection, reporting

and removal of illegal services in eThekwini’s Electricity areas during a

24 (twenty four) month period for a total amount of R7 800 000.00 (Seven Million

Eight Hundred Thousand Rand) including VAT, due to the following reasons:

6.1.1 In Contract E.9315 specification the provision of overtime was not catered for in the

Bill of Quantities (BoQ), hence the amount tendered did not include the overtime and

weekend rates. This is addressed on the new tender specification.

6.1.2 Increase in load during weekends result in higher demand on the grid causing more

outages due to illegal connections.



6.1.3 Over the past few years more RDP houses have been built and not electrified

resulting in additional illegal connection from these properties and causing stress on

the network.

6.1.4 There has been rapid expansion of informal settlements.

6.1.5 Northern and Southern revenue protection participates with Blitz operation that is

undertaken by all Municipal Departments, each section performing their duty on

targeted places for that particular day which is some instances undertaken

after hours.

6.1.6 Central revenue protection participates in iTrump that is a joint operation with all

departments within the Municipality. This is to target problem buildings within the

central area and undertaken utilising two teams from illegal contracts.



Contracts No. Contract E.9315: provision of electricity engineering

services - infrastructure that includes the inspection, reporting and removal of illegal

service in eThekwini Electricity’s area in line with the requirements of

Section 116(3) of the Municipal Finance Management Act.


Original contract value was R20 811 000.00 (Twenty Million, Eight Hundred and

Eleven Thousand Rand) inclusive VAT. Bid Adjudication Committee approved

expenditure (overtime and weekend work not included) is R10 596 969.56

(Ten Million, Five Hundred and Ninety Six Thousand and Sixty Nine Rand and Fifty

Six cents) inclusive VAT for all of three regions.

Monetary value of overtime worked for each region, in the last 15 months, are as

per below:

● Central - R926 322.25 VAT inclusive

● Northern - R631 000.00 VAT inclusive

● Southern - R424 165.00 VAT inclusive

New total contract sum proposed is R18 396 969.56 (Eighteen Million, Three

Hundred and Ninety Six Thousand and Nine Hundred and Sixty Nine Rand and Fifty

Six cents) (within the R20 811 000 budget for E.9315)


recommendations of the Executive Committee and the majority of the Members

being in support, the matter was put to the vote. With 178 Councillors present,

126 Councillors (ANC – 101, IFP – 10, EFF – 8, IND – 1, AIC – 1, MF – 1,

DLC – 1, TA – 1, APC – 1 and AL JAMA-AH – 1) voted in favour and no

Councillors voted against. 52 DA Councillors abstained from voting.





7. BUDGET STATEMENT REPORT FOR THE MONTH ENDING 31 OCTOBER

2017 (7/1/4)

(Page 272)


That the Budget Statement Report for the month ending 2017-10-31, submitted by

the City Manager as per his report dated 2017-11-16, in compliance with Section

52(d) of the Municipal Finance Management Act and Section 28 of the Municipal

Budget and Reporting Regulations in terms of Government Notice 32141 dated 17

April 2009, relating to the “Local Government: Municipal Finance Management Act

2003, be noted.

NOTED.

8. QUARTERLY REPORT OF THE AUDIT COMMITTEE FOR THE THIRD

QUARTER 2015/16 (2/10/1/1)

(Page 407)

The abovementioned reports were considered in conjunction with the following

quarterly reports on the agenda:

▪ Quarterly Report of the Audit Committee for the Fourth Quarter 2015/16

▪ Quarterly Report of the Audit Committee for the First Quarter 2016/17

▪ Quarterly Report of the Audit Committee for the Second Quarter 2016/17

▪ Quarterly Report of the Audit Committee for the Third Quarter 2016/17

▪ Quarterly Report of the Audit Committee for the Fourth Quarter 2016/17

The Executive Committee considered the Audit Committee Reports as presented by

the Audit Committee Chairperson. The delays in submitting the Reports were noted

with concern, it being requested that future Reports should be confined to quarterly

reporting as per the statutory requirement.

Given the delays in reporting, it was noted that some of the issues previously

reported to pose risk to the Municipality have since been addressed. However, some

Members cited that the report was silent on certain issues which they regard as

posing risk, such as Metro Police; status report on defalcation report by the

Auditor-General; and that Report on Expanded Public Works Programme was still

outstanding.

The Committee noted the request to strengthen the Audit Committee processes

through provision of improved political and administrative leadership. Further,

to provide adequate resources in key Units such as City Integrity and

Investigations Unit.

In the circumstances and with the Democratic Alliance dissenting,




That the Audit Committee Report for the Third Quarter of 2015/2016 from

January 2016 to March 2016, respectively, submitted in terms of Section 166 (2) of

the Municipal Finance Management Act No. 56 of 2003, to advise Council on the

activities of the Audit Committee and the results of its quarterly reviews of the

systems of internal control; risk management; financial management; performance

and financial reporting; organizational performance management and evaluation;

internal audit function and outcomes; fraud and corruption matters brought to the

attention of the Committee, be noted.


recommendations of the Executive Committee for the reasons indicated in the

pre-amble hereon, and with the majority of the Members being in support, the

matter was put to the vote. With 177 Councillors present, 105 Councillors

(ANC – 98, IND – 1, AIC – 1, MF – 1, DLC – 1, TA – 1, APC – 1 and

AL JAMA-AH – 1) voted in favour and 64 Councillors (DA – 54 and IFP – 10)

voted against. 8 EFF Councillors abstained from voting.

The above recommendation of the Executive Committee was, by the

majority vote, NOTED.

The Democratic Alliance requested a division and their names are recorded

hereunder:

Councillors A Beetge, MC Bhengu, M Brauteseth, WJD Burne, J Chetty,

TP Collins, RJ Crouch, M David, HU De Boer, SV De Boer, R Gokool,

G Govender, S Govender, Y Govender, NL Graham, TR Gumede, MH Haniff,

GJ Hegter, S Hoosen, M Johnson, ZW Khuzwayo, CJ Laing, CB Langa,

LM Meyer, A Maharajh, RD Macpherson, AZ Mkhize, KV Mkhize,

SNL Mshengu, TM Mthethwa, N Munien, BD Naidoo, M Nair, X Nala,

S Ngema, DR Nowbuth, GN Noyce, PB Ntuli, CJ Pappas, DR Pillay, DT Pillay,

KR Pillay, JP Prinsloo, GDA Pullan, S Ryley, S Sewshankar, B Shabane,

HP Shozi, B Singh, EL Singh, Samier Singh, AD Snyman, M Tembe and

JC Van den Berg.

9. QUARTERLY REPORT OF THE AUDIT COMMITTEE FOR THE FOURTH

QUARTER 2015/16 (2/10/1/1)

(Page 426)

With the Democratic Alliance dissenting and the majority of the Executive

Committee members being in support,


That the Audit Committee Report for the Fourth Quarter of 2015/2016 from

April 2016 to June 2016, respectively, submitted in terms of Section 166 (2) of the

Municipal Finance Management Act No. 56 of 2003, to advise Council on the










pre-amble in item 8 above, and with the majority of the Members being in

support, the matter was put to the vote. With 177 Councillors present,

105 Councillors (ANC – 98, IND – 1, AIC – 1, MF – 1, DLC – 1, TA – 1, APC – 1

and AL JAMA-AH – 1) voted in favour and 64 Councillors (DA – 54 and

IFP - 10) voted against. 8 EFF Councillors abstained from voting.




hereunder:










JC Van den Berg.

10. QUARTERLY REPORT OF THE AUDIT COMMITTEE FOR THE FIRST

QUARTER 2016/17 (2/10/1/1)

(Page 446)

With the Democratic Alliance dissenting,


That the Audit Committee Report for the First Quarter of 2016/2017 from July 2016

to September 2016, respectively, submitted in terms of Section 166 (2) of the



















hereunder:










JC Van den Berg.

11. QUARTERLY REPORT OF THE AUDIT COMMITTEE FOR THE SECOND

QUARTER 2015/16 (2/10/1/1)

(Page 472)



That the Audit Committee Report for the Second Quarter of 2016/2017 from

October 2016 to December 2016, respectively, submitted in terms of Section 166 (2)

of the Municipal Finance Management Act No. 56 of 2003, to advise Council on the
















hereunder:












JC Van den Berg.

12. QUARTERLY REPORT OF THE AUDIT COMMITTEE FOR THE THIRD

QUARTER 2016/17 (2/10/1/1)

(Page 493)



That the Audit Committee Report for the Third Quarter of 2016/2017 from

January 2017 to March 2017, respectively, submitted in terms of Section 166 (2) of

the Municipal Finance Management Act No. 56 of 2003, to advise Council on the


systems internal control; risk management; financial management; performance and

financial reporting; organizational performance management and evaluation; internal

audit function and outcomes; fraud and corruption matters brought to the attention of

the Committee, be noted.











hereunder:










JC Van den Berg.



13. QUARTERLY REPORT OF THE AUDIT COMMITTEE FOR THE FOURTH

QUARTER 2016/17 (2/10/1/1)

(Page 516)



That the Audit Committee Report for the Fourth Quarter of 2016/2017 from

April 2017 to June 2017, respectively, submitted in terms of Section 166 (2) of the

















hereunder:










JC Van den Berg.

14. DRAFT 2018 CALENDAR OF ETHEKWINI MUNICIPAL COUNCIL FOR

COMMITTEE MEETINGS (3/4/6)

(Page 531)


14.1 That the draft 2018 Calendar of Meetings, attached herein which serves as a

framework within which to convene Council and Committee meetings to fulfil their

founding mandate in line with the statutory requirements, be approved.



14.2 That it be noted that the Calendar is a living document and will be updated as and

when the need arises in so far as Committee meetings are concerned.

14.3 That it be noted that Ward Committee meetings are convened on a monthly basis as

per the date agreed to amongst the members but that provision had also been made

for the date of Ward Committee meetings in this Calendar.

It having being noted that the meeting of Civilian Oversight Committee was

only scheduled for the months of February, May and August, Recommendation

14.1 was ADOPTED and Recommendations 14.2 and 14.3 were NOTED.

15. BREMEN – DURBAN NETWORK FOR MARINE ENVIRONMENTAL

EDUCATION (12/8/1)

(Presentation)

It was noted that the Free Hanseatic City of Bremen and the City of Durban

(eThekwini Municipality) had signed a formal framework agreement for cooperation

between both cities in September 2011. However in order to approve and obtain the

funding in Dollars from the Bremen Government, a Rule of Order 28, authorising

such approval would need to be signed by Her Worship the Mayor and a

Memorandum of Understanding (MOU) to be signed by the City Manager.

In the circumstances and with the Democratic Alliance dissenting on the basis that

there was no formal report tabled,


15.1 That authority be granted to Her Worship the Mayor, Councillor ZRT Gumede to sign

the Rule of Order 28 By-law for the approval of funding in Dollars from the Free

Hanseatic City of Bremen to sign a formal framework agreement to support and

exchange of experience between private and social organisations, public authorities and

companies, inter alia, in the sector of environmental, climate and resources protection.

15.2 That authority be granted to the City Manager to sign the Memorandum of

Understanding for the purposes of .1 above.

ADOPTED.

______________

(Her Worship the Mayor, Councillor ZRT Gumede presented the Fourth

Report of the Executive Committee).

______________



FOURTH REPORT OF THE EXECUTIVE COMMITTEE (Meeting held on Monday, 2017-12-04)



MM Mthembu, MS Nkosi and ZR Sokhabase.

ABSENT : Executive Committee Member ZM Mncwango (Leave).

____________

1. APPLICATION IN TERMS OF CHAPTER 2 OF KWAZULU-NATAL

PLANNING AND DEVELOPMENT ACT NO 6 OF 2008 READ IN

CONJUNCTION WITH SECTION 42 OF SPATIAL PLANNING AND LAND

USE MANAGEMENT ACT NO 16 OF 2013 FOR AMENDMENT OF

ANNEXURE B OF INNER WEST SCHEME BY AMENDING DEVELOPMENT

FACILITATION TABLE FOR BUSINESS PURPOSES TO INCREASE

PERMITTED COVERAGE FROM 70% TO 80%: ERF 5007 IN CLERMONT

(FORMERLY ERVEN 1107 TO 1110 CLERMONT: 22-28 ZAZI ROAD (21/4/1)

(Page 28)

With the Executive Committee being satisfied with the reasons given for increasing

permitted coverage,


1.1 That, in terms of Chapter 2, Section 13(1)(a) 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, the application for

the amendment of Annexure B of the Inner West Scheme by increasing permitted

coverage in the Development Facilitation Table for Business from 70% to 80%,

be approved, for the following reasons:

1.1.1 The proposed amendment would enhance the development potential for properties

zoned Business in terms of Annexure B of the Inner West Scheme thereby promoting

development.

1.1.2 The proposed increase in coverage from 70% to 80% would in fact revert back to the

status quo that existed prior to the adoption of Annexure B of the

Inner West Scheme.

ADOPTED.

2. MOTIVATION FOR ETHEKWINI MUNICIPALITY TO ENTER INTO

MEMORANDUM OF UNDERSTANDING WITH “THE NATURE

CONSERVANCY” (32/1/5/2/2)

(Page 33)

The initiative to explore the establishment of a Water Fund for Durban is supported

by the Executive Committee. This is taking into account the opportunity to secure

water supply and improve water quality in Durban whilst also investing in critical

ecological infrastructure. Hence, the intention by eThekwini to work with globally

recognized organization, The Nature Conservancy, to assess the feasibility of the

Water Fund for Durban is supported.



Accordingly,


2.1 That authority be granted to eThekwini Municipality to enter into a Memorandum of

Understanding (MOU) with The Nature Conservancy in order to facilitate a working

relationship to undertake a feasibility assessment for the establishment of a Water

Fund for Durban to invest in ecological infrastructure and assist in regulating water

supply and improving water quality.

2.2 That authority be granted to the City Manager to sign the above-mentioned MOU on

behalf of eThekwini Municipality.

2.3 That authority be granted to the City Manager to enter into a subsequent MOU to

extend the working relationship should the feasibility stage of the work demonstrates

the viability of establishing the Water Fund for Durban.

ADOPTED.

3. TRANSFER OF FUNDS FROM BUSINESS SUPPORT, TOURISM AND

MARKET UNIT TO INK SEDA CONSTRUCTION INCUBATOR (20/1/6/3)

(Page 130)

The Executive Committee noted the success of the previous two Memorandum of

Agreements which were concluded to provide support and mentorship to

construction businesses in the form of business development, technical and site

support on existing projects. Therefore, the Committee supported the partnership

between eThekwini Municipality and Small Enterprise Development Agency to

operate the construction business incubator.

The incubation centre targets to support 35 contractors through its incubation

services and the learnership programme to accommodate 25 Expanded Public Works

Programme, Vukuphile Contractor Development Programme.

To give effect to the above,


3.1 That authority be granted for the City Manager to enter into a 3 (three) years

Memorandum of Agreement (MOA) and 3 (three) years lease agreement with Inanda

Ntuzuma KwaMashu (INK) Small Enterprise Development Agency (SEDA)

Construction Incubator, and authorize transfer of funds to INK Construction

Incubator for three years starting from 2017/2018 financial year in terms of Section

67 of the Municipal Finance Management Act 56 of 2003.

3.2 That subject to the approval of .1 above, the Acting Head: Business Support,

Tourism and Markets be duly authorized to transfer the sum of R10 422 021.00

(Ten Million Four Hundred and Twenty Two Thousand and Twenty One Rand) to

SEDA Construction Incubator for the implementation of programmes in terms of

Section 67 of the Municipal Finance Management Act 56 of 2003.



3.3 That subject to the approval of .1 and .2 above, the Acting Head: Business Support,

Tourism and Markets monitors the construction incubation work and provide

progress reports to the Economic Development and Planning Committee.


Programme Year 1 Year 2 Year 3 TOTAL

FUNDING

INK SEDA Construction

Incubator

R3 016 888.00 R2 811 257.00 R3 196 703.00

R10 422 021.00 EPWP Vukuphile R1 397 173.00 - -

TOTAL (each year) R4414 061.00 R2 811 257 R3 196 703.00

Programme Vote Number FC Number

INK SEDA Construction Incubator 26540.25445.170.12120.0000.38830.0010 32/21

EPWP Vukuphile 30730.10970.12120.0000.MRC01.0010 49/03

ADOPTED.

4. ETHEKWINI MUNICIPALITY 2018/2019 DRAFT RATES POLICY (7/2/P)

(Page 207)

The attention of the Committee was drawn to the fact that the opportunity to

interrogate the revised Rates Policy would be available after comments have been

received from the public as well as the Political Party Caucuses.

The Democratic Alliance recorded its abstention.

With the majority members of the Executive Committee being in support of the

process as outlined,


That the draft 2018/19 Rates Policy, attached as Annexure A in the report by the

City Manager dated 2017-10-20 and incorporating proposed amendments, be

approved in principle, in order for such Policy to be made available to public and

Party Caucuses for comments in terms of Section 4 of the Local Government:

Municipal Property Rates Act No.6 of 2004.


recommendations of the Executive Committee, and with majority of the

Councillors being in support of the recommendations as this approval in

principle would enable the Policy in question to be made available to Public and

Party Caucuses for comments in terms of Section 4 of the Local Government:

Municipal Property Rates Act No.6 of 2004, the matter was put to the vote.

With 167 Councillors present, 113 Councillors (ANC – 90, IFP – 10, EFF – 6,

IND – 1, AIC – 1, MF – 1, DLC – 1, TA – 1, APC - 1 and AL JAMA-AH – 1)

voted in favour and no Councillors voted against. 54 DA Councillors abstained

from voting.

The above recommendations of the Executive Committee was, by the




5. AUTHORITY TO TRANSFER FUNDS TO KINGSWAY 2 WASTEWATER

PUMPSTATION: RE-ROUTING OF RISING MAIN WS 2017/157: WARD 97

(23/2/1/3/5/1)

(Page 365)

A need exists to make funds available to complete the Kingsway Water Pumpstation

re-routing of rising main which was due for completion in the 2016/17 financial year.

Due to site constrains and procurement processes the project was carried over to the

2017/18 financial year. There are no additional costs implications since the funds

required are the balance of the contract authority not spent in the 2016/17

financial year.

Given the above satisfactory motivation,


5.1 That authority be granted for the transfer of funds from Project No. Y2320 Sewer

Reticulation Extension at Gardenia Road Craigieburn to project No. Y2237

Kingsway 2 Wastewater Pumpstation: Re-routing of Rising Main for the completion

of the 45m long, 400mm diameter steel sewer pipe and associated tie-ins.

5.2 That subject to the approval of .1 above, the Deputy City Manager: Finance be

authorized to include in his adjustments budget report the transfer of R336 023.05

(Three Hundred and Thirty Six Thousand and Twenty Three Rand Five Cents) from

project No. Y2320 Sewer Reticulation Extension at Gardenia Road Craigieburn to

Project No. Y2237 Kingsway 2 Wastewater Pumpstation.

Cost Centre: 65420 R336 023.05 To be met by savings from Project

No. Y2320 Sewer Reticulation

Extension at Gardenia Road Craigieburn

via an adjustment budget in 2017/2018.

Project No.: Y2237 FC No.: 365/C53

ADOPTED.

6. RECEIPT OF GRANT FOR HOSTING INAUGURAL URBAN SAFETY

GOVERNANCE MASTERCLASS (7/4/1 & 28/1/1/1)

(Page 373)

The grant from the City of Bremen in Germany is appreciated to assist eThekwini to

prioritize knowledge management, organizational learning and development of

innovation to advance sustainable development agenda in line with the City’s vision

of becoming the liveable and caring City by 2030.

Therefore,


6.1 That given the value of hosting Urban Safety Governance Masterclass, that of

advancing sustainable development agenda, authority be given to eThekwini

Municipality to receive R78 419.49 (Seventy Eight Thousand, Four Hundred and

Nineteen Rand Forty Nine Cents) grant from the Free Hanseatic City of Bremen in

Germany for the hosting of inaugural Urban Safety Governance Masterclass.



6.2 That authority be given to initiate the spending of Council funds on the operational

budget for the hosting of Urban Safety Governance Masterclass while transfer of

funds is being processed.

6.3 That authority be granted for the City Manager to sign the agreement for the hosting

of the Urban Safety Governance Masterclass with the City of Bremen.

ADOPTED.

7. MOTIVATION IN TERMS OF CHAPTER 2 OF KWAZULU-NATAL

PLANNING AND DEVELOPMENT ACT NO. 6 OF 2008 READ IN

CONJUNCTION WITH SECTION 42 OF SPATIAL PLANNING AND LAND

USE MANAGEMENT ACT NO. 16 OF 2013 FOR AMENDMENT OF NORTH

SCHEME UMHLANGA DISTRICT, ERF 1096 UMHLANGA ROCKS (21/7/4)

(Page 409)

With the Executive Committee being satisfied with the reasons given for the

amendment of North Scheme at Umhlanga Rocks,


7.1 That in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning and

Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 42 of the

Spatial Planning and Land Use Management Act, (Act 16 of 2013) the amendment to

the North Scheme, Section 8, Development Facilitation Table, General Residential 1

zone additional controls to be numbered 8.2 to allow increased floor area ratio from

0.9 to 2.2 and coverage from 30% to 40% on Erf 1096 Umhlanga Rocks, be

approved, for the following reasons:

7.1.1 The proposal for an increase in floor area and coverage is broadly in line with

eThekwini Municipality’s objective to promote spatial efficiency by optimizing

development in areas of greatest opportunity and to encourage efficient use of

infrastructure and facilities.

7.1.2 The Spatial Development Framework identifies Umhlanga as a Tourism and

Recreational Node and the proposal for an increased floor area and coverage is

expected to contribute to a range of tourism opportunities for local economic

development.

7.1.3 The proposal is in line with the Municipality’s Densification Policy as the proposed

scheme amendment will allow for a higher density. This approval is subject to the

following conditions imposed in terms of Section 43 of the Spatial Planning and

Land Use Management Act No. 16 of 2013:

7.1.3.1 It is noted that the Traffic Impact Assessment by Astragal Project Management,

dated 05 September 2016, Issue 0, Job Number 601941-17 has been based on thirty

seven units. This application has to comply with the number of units being capped

at thirty seven.

7.1.3.2 The developer is responsible for a financial contribution in respect of road

infrastructure upgrades (detailed in the Traffic Impact Assessment) and has to enter

into an agreement with the City.



7.1.3.3 Although the scheme amendment does not require an environmental authorization,

the new construction activities may necessitate environmental authorization which

has to be complied with.

7.1.3.4 The approval granted is only for the increase in floor area from 0.9 to 2.2 and

coverage from 30% to 46%. The applicant has to submit a building plan that

complies with the City’s Shadow Policy, any other relevant Policies of eThekwini

Municipality and sector department’s requirements.

ADOPTED.

8. PROJECT AUTHORITY FOR INSTALLING AND IMPLEMENTING

MUNICIPAL-WIDE BIOMETRICS FOR ACCESS CONTROL AND TIME &

ATTENDANCE FUNCTIONALITY (4/2/1/2 & 4/8/4)

(Page 428)

The benefits associated with the roll-out of the Municipal-wide biometrics for access

control and time & attendance functionality were noted as outlined in the report by

the Deputy City Manager: Corporate Human Resources dated 2017-08-15. It was

recommended to consider rolling out the system on an annual basis and that thorough

assessment be made to ensure the benefits outweigh operating costs.

The Democratic Alliance and Inkatha Freedom Party recorded their abstention until

the matter is submitted before their respective Caucuses.

With the majority African National Congress being in support of the proposed

control mechanisms for improved human resources processes and the resultant

improved productivity,


8.1 That authority be granted for the installation and implementation of Biometrics

Bioreaders and Time and Attendance Project over the period of July 2017 through

June 2024 for access control and biometrics-based time and attendance in the amount

of R84 779 905.00 (Eighty Four Million Seven Hundred and Seventy Nine Thousand

Nine Hundred and Five Rand).

8.2 That authority be granted to the Deputy City Manager: Corporate Human Resources

to procure devices, server, hardware, infrastructure and software to implement

618 sites plus initial 23 sites in the 2017/18 financial year.

8.3 That subject to the approval of .1 and .2 above, authority be granted to initiate tender

processes to procure the first tranche of devices, server, hardware, infrastructure and

software.

8.4 That authority be granted to the Deputy City Manager: Finance to include in the

adjustments budget the costs to cover the 2017/18 project as well as costs in the

future years in alignment with the project plan.




Number of

Sites

Staff

Compliment

Average No.

of Staff Per

Site

Operating Costs Capital Costs Financial

Year

23 10 193 443 R1 350 000.00 R3 500 000.00 2017/2018

31 4193 135 R3 850 000.00 R5 189 130.00 2018/2019

57 3782 66 R4 235 000.00 R9 541 304.00 2019/2020

99 3218 33 R4 658 500.00 R16 571 739.00 2020/2021

66 886 13 R5 124 350.00 R11 047 826.00 2021/2022

86 559 7 R5 636 785.00 R1 980 000.00 2022/2023

256 539 2 R6 200 463.00 R5 893 953.00 2023/2024

618 23 370 R31 055 098.00 R53 723 953.00

Operating Costs R31 055 098.00

Capital Costs R53 723 953.00

TOTAL COSTS R84 779 905.00



Councillors being in support of the recommendations, the matter was put to the

vote.

With 148 Councillors present, 92 Councillors (ANC – 80, IFP – 10, IND – 1 and

AIC – 1) voted in favour and 4 EFF Councillors voted against. 52 Councillors

(DA – 51 and APC – 1) abstained from voting.



9. NOMINATION OF FUNCTIONARIES TO ACT AS EXECUTORS TO THE

ESTATE OF THE LATE W CLARK AND AS TRUSTEES TO THE

TESTAMENTARY TRUST OF THE LATE W CLARK (7/5/2)

(Page 457)

The Committee noted the delegation to eThekwini Municipality over the will of the

late William Clark as per the previous decision appointing the Municipality to act as

Executors to the estate and the Trustee of the Charitable Trust.

Given the circumstances,


9.1 That given legislative prescripts contained in the Administration of Estates Act

No. 66 of 1965 and the Trust Property Control Act No. 57 of 1988 that the nominees

must act on behalf of the Municipality in its capacity as Executor and Administrator

of a Will as well as Trustee of a Testamentary Trust, the City Manager and the

Deputy City Manager: Finance be nominated for appointment by Master of High

Court in Pietermaritzburg and/or High Court in Pietermaritzburg to act, jointly, as

Executors and Administrators to the Estate of the late William Clark and as Trustees

in the Testamentary Trust of the late William Clark.



9.2 That it be noted that the eThekwini Municipality’s appointment as sole trustee to the

Estate of the late William Clark dates back to the time of its predecessor in law,

namely, the City Council of the City of Durban.

9.3 That subject to the adoption of .1 above, authority be granted for the City Manager

and the Deputy City Manager: Finance to formally apply to the Master of High Court

in Pietermaritzburg and/or High Court in Pietermaritzburg (in liaison with the Acting

Head: Legal and Compliance), as nominees of eThekwini Municipality, for letters of

authority to act as Executors to the Estate of the late William Clark as well as

Trustees to the Testamentary Trust of the late William Clark.

ADOPTED.

10. LEASE OF LAND SITUATED AT 75 TWILIGHT DRIVE, UMHLANGA

COUNTRY CLUB (17/2/1/2/5)

(Page 467)

The eThekwini Municipal Council at its meeting held on 28 September 2016

approved the commencement of the public participation process with regard to the

lease of land described above in compliance with Regulation 35(3)(c) of the

Municipal Asset Transfer Regulations. Further, views of Provincial and National

Treasury were to be sought in compliance with Section 14(2)(a) and (b) of the

Municipal Finance Management Act No. 56 of 2003 read in conjunction with

Sections 34, 36 and 40 of the Municipal Asset Transfer Regulations.

It is submitted that following the statutory advertisement for a period of 30 days

there were no objectives received from the public. Provincial and National Treasury

have raised and responses were provided on whether compliance have been met with

the Supply Chain Management process; Asset Transfer Regulations; Municipal

Finance Management Act in relation to budget, information statement, conducting

public participation process, value of capital asset, significant capital investment and

obtaining Council resolution.

With regard to Council resolution, Provincial and National Treasury requested

Council to declare that the land in question is not required to provide the minimum

level of basic services. It is therefore necessary to amend the Council resolution of

28 September 2016 to cater for the request from Provincial and National Treasury.

In view of the foregoing,


10.1 That, in terms of Section 14(2)(a) and (b) of the Municipal Finance Management Act

56 of 2003, the land described as Erf 2524 Umhlanga Rocks, Registration Division

FU, Province of KwaZulu-Natal, in extent 1.9905 ha depicted on Plan SJ4500/1A,

proposed for lease at 75 Twilight Drive, Umhlanga Country Club, is not required for

the period of the lease, to provide a minimum level of basic Municipal services.

10.2 That, subject to .1 above which is a response to the requirement by Provincial and

National Treasury, Council reaffirms its decision of 28 September 2016, approving

by the majority vote, the proposed lease of land at 75 Twilight Drive, Umhlanga

Country Club, Umhlanga West, as previously given in terms of Rule of Order 28.



10.3 That, it be noted the relocation costs of R5 350 000.00 (Five Million, Three Hundred

and Fifty Thousand Rand) will be funded from savings in the 2017/2018 approved

budget and not via an adjustment budget.

10.4 That subject to the adoption of .1, .2 and .3 above, the Council resolution of

28 September 2016 relative to the granting of a right to use the capital asset

described as Proposed Lease over Erf 2524 Umhlanga Rocks to Umhlanga Country

Club for the construction of new buildings and facilities for sporting activities,

be reaffirmed.

Vote No.: 31545.25445.500.12120.0000.MRC01.0010 R5 350 000.00

FC No.: 03/07


recommendations of the Executive Committee on the basis that the relocation

costs of R5.35 million would be funded from savings, and with majority of the


vote.

With 151 Councillors present, 136 Councillors (ANC – 80, DA – 52, IND – 1,

AIC – 1, TA – 1 and APC - 1) voted in favour and 15 Councillors (IFP – 10 and

EFF – 5) voted against. There were no abstentions recorded.



_______________

(Her Worship the Mayor, Councillor ZRT Gumede presented the

Fourth Report of the Executive Committee).

___________

FIFTH REPORT OF THE EXECUTIVE COMMITTEE (Meeting held on Wednesday, 2017-12-06)



MM Mthembu, MS Nkosi and ZR Sokhabase.

ABSENT : Executive Committee Member ZM Mncwango (Leave).

_____________

1. AUTHORITY FOR REVISION OF APPROVED 2017/2018 CLEANSING &

SOLID WASTE CAPITAL BUDGET THROUGH ADJUSTMENT BUDGET

(7/1/3/2)

(Page 1)

The Committee noted with appreciation the proactive approach of identifying

priority projects within the Cleansing and Solid Waste for effective waste

management and the proposed re-routing of funds from projects where there are

savings. However, the Democratic Alliance recorded its abstention at this stage until

this matter has served before its Caucus.




1.1 That, subject to the approval of the necessary Adjustment Budget to provide funding

to accelerate capital projects in the Cleansing and Solid Waste Unit for effective

waste management, authority be granted for the Head: Cleansing and Solid Waste to

facilitate the transfer of R37 350 000.00 (Thirty Seven Million Three Hundred and

Fifty Thousand Rand) to internal projects including the following:

(i) Refurbishment/replacement of compaction units at 3 transfer stations

(ii) Manufacture and deliver compaction unit containers for Electron Road

Transfer Station

(iii) Buffelsdraai Landfill and Mariannhill Landfill Cell Phases Development

(iv) Fleet Solid Waste

(v) Replacement of compaction units at transfer stations in Clermont

(vi) Rehabilitation of Bisasar Road Weighbridges

(vii) Computer Equipment

(viii) Buffelsdraai gas to electricity

(ix) Replacement of airconditioners

1.2 That subject to the approval of .1 above, authority be granted to the Deputy City

Manager: Finance to include in the Adjustment Budget an amount of R37 350 000.00

(Thirty Seven Million Three Hundred and Fifty Thousand Rand)

Vote: Various; R37 350 000.00; FC No.: 66/C21




vote.

With 169 Councillors present, 109 Councillors (ANC –95, IFP – 8, IND – 1,

AIC – 1, MF – 1, DLC – 1, TA – 1 and APC - 1) voted in favour and no

Councillors voted against. 60 Councillors (DA - 52 and EFF – 8) abstained

from voting.



2. CITY WIDE STORM DAMAGE: ADDITIONAL PROJECTS (25/1/1/1)

(Page 10)

The Committee noted the submission of an additional report on further damages

identified as a result of the storm that occurred in October 2017. Recognition was

given to the urgency associated with repair work in this regard. Confirmation was

given that progress report on repair work would be received from the relevant Units

for accountability purposes.


2.1 That Council approves additional list of projects to be undertaken City-wide as a

result of storm damages which have occurred in October 2017 with specific areas to

be accommodated being contained in the report by the City Manager dated

2017-11-29 and the additional amount of R105 030 000.00 (One Hundred and Five

Million and Thirty Thousand Rand) to be incurred for this purpose.



2.2 That authority be granted to proceed with the revised emergency lists, given the

additional projects, in accordance with the Council’s approved procurement process

as per the report by the City Manager dated 18 October 2017.

2.3 That authority be granted to the Deputy City Manager: Finance to make budget

provision to fund the additional projects to be undertaken.

5.2.4 That the Disaster Management Unit update their report, based on the revised list

taking into account the additional projects, for the purpose of the Disaster

Declaration process.


Estimated Total Cost of Additional Emergency Works: R 94 600 000.00

Estimated Total Cost of Urgent Works only: R 10 430 000.00

Total Value of Additional Projects R105 030 000.00

ADOPTED.

3. REQUEST FOR OPERATIONAL BUDGET FOR LAND USE STRATEGY TO

SUPPORT C1 AND C9 CORRIDORS (21/5/1 & 7/1/3/1)

(Page 29)


3.1 That given the importance of the Corridor work that needs to be done, Council

supports and approves the allocation of operational budget for the development of

Land Use Strategy to ensure sustainability of C1 and C9 Corridors which strategy

will look at the establishment of economic nodes and a variety of mixed uses that

will promote and ensure ridership of the corridor whilst also create more quality and

inclusive live-work-play environments.

3.2 That the total operational budget of R10 000 000.00 (10 Million Rand) (R5 Million

for C1 and R5 Million for C9) be included in the 2018/2019 and 2019/2020 budgets,

it being noted that of the R5 000 000.00 (Five Million Rand) per project,

R2 500 000.00 (Two Million and Five Hundred Thousand Rand) of each be spent in

2018/2019 and the remaining R2.5 Million be spent in the 2019/2020 financial year.

ADOPTED.

4. REQUEST TO BORROW R1.0 BILLION FOR CAPITAL PROJECTS (7/3/1/1/2)

(Page 57)

The Committee supported the request to borrow funds for capital projects involving,

amongst others, electricity; water; roads, stormwater; and systems. The portion of the

funds could also assist in City-wide storm projects in the event of delays to receive

funds expected from the other spheres of government. The Committee recommended

that an opportunity be explored to find means to empower other institutions to

qualify to partner with the Municipality on transactions of this nature.




4.1 That Council grants approval, in principle, for the raising of long term debt finance

for capital projects of R1 Billion (One Billion Rand), at a fixed interest rate for a

tenor of 15 (fifteen) years, as approved in the medium term budget from the preferred

lender - Nedbank Limited, subject to Section 46 of the Local Government: Municipal

Finance Management Act No. 56 of 2003 read with the Municipal Regulations of

Debts Disclosure issued under Notice GNR dated 05 June 2017.

4.2 That authority be granted to the Deputy City Manager: Finance in consultation with

the Acting Head: Legal and Compliance to engage in discussions with

Nedbank Limited to agree, in principle, upon the final terms of the loan agreement,

for approval by the Council in accordance with Section 46(2) of the Local

Government: Municipal Finance Management Act No. 56 of 2003.

The above-mentioned matter was WITHDRAWN.

5. RADICAL ECONOMIC TRANSFORMATION CONFERENCE AND EXPO 2017

(7/14/1 & 13/2/1/2/1)

(Page L16)

The Committee expressed its appreciation for the initiative to empower entrepreneurs

to formalize their businesses and comply with necessary statutory compliance to

actively participate in the economy. To host an all-inclusive conference the

Committee recommends that all relevant stakeholders be accommodated.

In considering expenditure associated with the conference the Committee requested

the revision of the budget to the value of R350 000.00 (Three Hundred and Fifty

Thousand Rand) allocated for the co-ordination of conference or the provision of

budget breakdown to determine value for money in this regard.

The Democratic Alliance recorded its abstention at this stage until the matter is

submitted before its Caucus.


5.1 That authority be granted for the hosting of Radical Economic Transformation

Conference and Expo 2017 to assist entrepreneurs to formalize their businesses to

ensure they follow the necessary statutory compliance to actively participate

in the economy.

5.2 That authority be granted to the Deputy City Manager: Finance to secure funding

from existing budget to cover the expenditure for this conference to the value of

R1 636 371.00 (One Million Six Hundred and Thirty Six Thousand Three Hundred

and Seventy One Rand).

5.3 That both the Head: Business Supports Tourism and Markets and Head: Supply

Chain Management report to the Executive Committee after the conference.

Vote No.: 38805-105 R1 000 000.00 & 53500-45 R700 000.00; R1 636 371.00

FC No.: 32/16.






vote.

With 169 Councillors present, 110 Councillors (ANC –95, IFP – 9, IND – 1,

AIC – 1, MF – 1, DLC – 1, TA – 1 and APC - 1) voted in favour and

59 Councillors (DA – 51 and EFF – 8) voted against. There were no abstentions

recorded.



________________

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. COMMUNITY SERVICES COMMITTEE

Meeting held on : 2017-10-19

2. ETHEKWINI AIDS COMMITTEE


3. EXECUTIVE COMMITTEE

Meetings held on : 2017-10-23

: 2017-11-21

4. GOVERNANCE AND HUMAN RESOURCES COMMITTEE


5. LOCAL LABOUR FORUM: FIRE AND EMERGENCY SERVICES AND

DISASTER MANAGEMENT UNIT




6. LOCAL LABOUR FORUM: TREASURY AND OFFICE OF THE CITY MANAGER

Meetings held on : 2017-10-13

: 2017-10-31

: 2017-11-06

7. SECURITY AND EMERGENCY SERVICES COMMITTEE


8. SPEAKER’S COMMITTEE


9. TOWN PLANNING APPEALS COMMITTEE


NOTED.

________________

ITEMS FOR NOTING

The Items for Noting, reflected on Pages 46 to 50 of the Agenda

were NOTED.

__________________

The meeting terminated at 15:30.

CONFIRMED AT THE MEETING OF THE ETHEKWINI COUNCIL ON 2018-01-31

SPEAKER

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