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KRR(2016-06-22)(SAM)[CHALL-138000] 2016-06-23

COUNCIL DECISION CIRCULAR : MEETING HELD ON 2016-06-22

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2016-06-22.

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

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

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

- 2 - (eThekwini MunicipalityCouncil Decisions - 2016-06-22)

1. FIRST REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2016-05-10

1. REPORT OF THE COMMUNITY AND EMERGENCY SERVICES COMMITTEE: MEETING HELD ON 2016-05-05

(Page R1)

1.1.1 Major Hazard Installation : Sapling Non-Woven and Textiles, 9 Trafford Road, Pinetown, Durban, KwaZulu-Natal (30/2/5/1):(Page 13 : Community and Emergency Services Committee - Agenda 2016-05-05)

The Committee noted that the risk assessment, on behalf of Sapling Non-Woven and Textiles had been submitted to eThekwini Municipality in accordance with the provisions of the Major Hazard Installation Regulations, framed under the Occupational Health and Safety Act 85 of 1993, and that the report thereon had been subsequently considered by the Municipality’s Technical Task Team on Major Hazard Installations which resulted in no reason being offered to advise against its acceptance and proposed operation of the Company in accordance with the provisions of the assessment.

COMMITTEE RECOMMENDS:

That, having concurred with the conclusion of the Major Hazard Installation (MHI) Technical Task Team that there is no valid reason to advise against the proposed operation of Sapling Non-Woven and Textiles at 9 Trafford Road, Pinetown, Durban, KwaZulu-Natal, as it is in accordance with the Major Hazard Regulations and the intention to install one times nine cubic metres (1 x 9mᵌ) Liquefied Petroleum Gas vessel thereat, this be approved.ADOPTED.

1.1.2 Major Hazard Installation :Afripack Flexibles, 6 Mahogany Road, Pinetown, Durban, KwaZulu-Natal (30/2/5/1):(Page 15: Community and Emergency Services Committee - Agenda 2016-05-05)

The Committee noted that the risk assessment, on behalf of Afripack Flexibles had been submitted to eThekwini Municipality in accordance with the provisions of the Major Hazard Installation Regulations framed under the Occupational Health and Safety Act 85 of 1993 and that the report thereon had been subsequently considered by the Municipality’s Technical Task Team on Major Hazard Installations which resulted in no reason being offered to advise against its acceptance and proposed installation by the Company in accordance with the provisions of the assessment.


That, having concurred with the conclusion of the Major Hazard Installation (MHI) Technical Task Team that there is no valid reason to advise against the proposed installation at Afripack Flexibles at 6 Mahogany Road, Pinetown, Durban, KwaZulu-Natal, as it is in accordance with the Major Hazard Regulations and the intention to replace the existing 9 cubic metres (9mᵌ) by 22.5 cubic metres (22.5mᵌ) LP gas vessel thereat, this be approved.ADOPTED.


1.1.3 Proposal to Host the “I Dare 2 Care” Event at Dr Pixley Kaseme Street on 20 May 2016 (19/1/1/2/1): (Page 67 : Community and Emergency Services Committee - Agenda 2016-05-05)

The Community and Emergency Services Committee considered a report by the City Manager dated 2016-03-18 in the above regard, the purpose of which was to seek authority to host the second “I Dare 2 Care” event in partnership with iCare and Denis Hurley Centre at Dr Pixley Kaseme Street on 2016-05-20.


1.1.3.1 That in noting that the “I Dare 2 Care” event is a bold initiative and a statement of solidarity by the people of eThekwini to create awareness and raising of funds for the plight of the City’s homeless people and street children, the hosting of such event on 2016-05-20, be approved.

1.1.3.2 That the use of Dr Pixley KaSeme Street from Dorothy Nyembe Street to Samora Machel Street from 17:30 on 2016-05-20 to 05:00 on 2016-05-21, be approved.

1.1.3.3 That a budget of R40 500.00 (Forty Thousand Five Hundred Rand), be allocated towards the implementation of the event as follows:-

ITEM QUANTITY UNIT COST TOTAL COST

RESPONSIBILITY

Toilets 8 R1 500.00 R12 000.00 Safer Cities

Water Tank 1 R1 500.00 R 1 500.00 Safer Cities

Print Adverts 2 newspapers R13 000.00 R26 000.00 Safer Cities

A3 Posters 100 R40.00 R 4 000.00 Communications Unit

Radio Interviews 3 n/a n/a Communications Unit

QalakabushaCards Printing

1000 R1.00 R 1 000.00 Safer Cities

Vote : 24511.06911 R44 500.00ADOPTED.

1.1.4 Request for Authority to Attend the 12 th National Metropolitan Police Games to be Hosted by Johannesburg Metro Police Over the Period 04 to 09 September 2016 (13/7):(Page L1: Community and Emergency Services Committee - Agenda 2016-05-05)

The Committee noted that the purpose of the above-mentioned report by the City Manager dated 2016-03-29, was:

i) To seek approval for the selection and training of 120 members from the Durban Metro Police to attend the 12th National Metropolitan Games in Johannesburg.

ii) To seek authority for 130 members of the eThekwini Metropolitan Police Unit, inclusive of the Head, Deputy Head, Support staff and Communications staff to attend such games, and


iii) To decide on the number of Councillors from the Community and Emergency Services Committee that shall attend the Games in Johannesburg.

Councillors SV Asbury, I Cassimjee, LM Meyer, SR Naidoo, NC Nofeketa, BD Prinsloo, S Ryley, EL Singh and JC Van Der Berg of the Democratic Alliance recorded their abstention at the Community & Emergency Services Committee meeting, on the basis of their contention that the Metropolitan Police Unit reports directly to the City Manager and not to the Community and Emergency Services Unit and that they had not had sight of such Unit’s budget,

At the Executive Committee meeting on 2016-05-10 the item was discussed and the Democratic Alliance acknowledged and supported the participation by Metro Police at the Games. However, the Committee was reminded of the austerity measures by the Minister of Finance to curtail expenditure thus the non-support of the inclusion of 12 Councillors to attend the Games.

In view of the games taking place in the new Council term of office, it was agreed that the issue of participation by Councillors be dealt with by the new Council. As such, it was agreed to remove recommendation 5 of item 4 contained in the report of the Community & Emergency Services Committee.


1.1.4.1 That 130 members of eThekwini Metro Police (inclusive of support staff) be authorised to attend the 12th National Metro Police Games to be hosted in Johannesburg from 04 September 2016 to 09 September 2016.

1.1.4.2 That Municipal Transport be utilised for the duration of the Games.

1.1.4.3 That the total cost for attendees be borne by Council.

1.1.4.4 That Members who are elected to participate and attend are deemed to be on duty for the active duration of the Games.Vote : 20051.03500; R950 000-00; F.C No. : 12/01ADOPTED.

1.2. REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD ON 2016-05-03

(Page R1)

1.2.1 Expropriation: Land and/or Servitude Rights for the Verulam 132kV Upgrade (REF 17/2/1/1/26/21; KT/SS) (17/2/1/1/4): (Page 33 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


1.2.1.1 That the Head: Real Estate be authorized to make offers and payments in terms of Section 11 (1) of the Expropriation Act No. 63 of 1975 as indicated on Table 1 below, plus VAT and interest if applicable (Calculated in terms of Section 12 of the Expropriation Act), for land expropriation and/or servitude rights in respect of the Verulam 132kV upgrade.


Table 1 - Partially Affected Properties:

REQUIREMENTS & PROPERTY DESCRIPTION

PROPERTYOWNER

APPROXEXTENT

MARKET VALUATION

SOLATIUM

TOTAL COMPENSATION

OHTL Servitude over Ptn 195 of the farm Riet Rivier No. 842

Ammersingh

1130m² R51 000 R5 100 R56 100

OHTL & ROW Servitude over Ptn 196 of the farm Riet Rivier No. 842

B R Singh 2036 & 172m²

R270 000 R18 500 R288 500


Hooblal 5026 & 209m²

R235 000 R16 750 R251 750

OHTL Servitude over Erf 470 Trenance Park

M D Mkhize

18m² R1 400 R140 R1 540


M & N Mbhuntsu

207m² R17 000 R1700 R18 700


S P Mkhethwa

78m² R6 000 R600 R6 600

OHTL & ROW Servitude over Erf 498 Trenance Park

N Matiwane &Z Bangose

391 & 72m²

R31 000 R3 100 R34 100

OHTL Servitude over Rem of Ptn 184(of 14) of the farm Riet Rivier No. 842

C Sirkar & Others

40m² R2 000 R200 R2 200

OHTL Servitude over Erf 1649 Verulam

K & M Fakir

5m² R1000 R100 R1 100


D & P Adiwari

8m² R1 600 R160 R1 760


M & S Dlangisa

12m² R2 400 R240 R2 640

OHTL Servitude over

M & M Govender

12m² R2 400 R240 R2 640


Erf 1662 Verulam


M Archary

47m² R9400 R940 R10 340

OHTL & ROW Servitude over Erf 1044 Verulam

A G H Maiter & Others

14557 & 587m²

R457 000 R27 850 R484 850

OHTL Servitude over Ptn 109 (14) of the Farm Riet Rivier No. 842

R Rattan & Others

8500m² R383 000 R24 150 R407 150

OHTL & ROW Servitude over Ptn 119 (14) of the Farm Riet Rivier No. 842

Haripersadh & Others

4976 & 412m²

R224 000 R16 200 R240 200


Phooljharia & Others

1821m² R82 000 R8 200 R90 200


O Maharaj & Others

5399m² R243 000 R17 150 R260 150


H & L Ramdhani

3250 & 345m²

R146 000 R12 300 R158 300

OHTL & ROW Servitude over Rem of Ptn 557 (100) of the Farm Riet Rivier No. 842

N Mahesh 2002 & 286m²

R90 000 R9 000 R99 000

OHTL & ROW Servitude over Ptn 558 (100)of the Farm Riet Rivier No 842

P & L Mahesh

3059 & 502m²

R138 000 R11 900 R149 900

1.2.1.2 That a subsequent report will be submitted to address compensation/relocation in respect of the properties as indicated in Table 2 below:-

Table 2- Entire Properties Affected:


PROPERTY DESCRIPTION PROPERTY OWNER

APPROXEXTENT

Erf 487 Trenance Park N V Mbhabane Land-422m²

Erf 490 Trenance Park T E Khumalo Land-558m²

Erf 491 Trenance Park N S Xaba Land-582m²

Erf 492 Trenance Park S J Kunene Land-561m²

Erf 499 Trenance Park M B Sibiya Land-496m²

Erf 500 Trenance Park N E Ndukuda Land-454m²

Erf 502 Trenance Park S Nxasane Land-215m²

Erf 504 Trenance Park B W Ngcamu Land-436m²

Erf 1664 Verulam S E Mbesa Land-236m²

Erf 1665 Verulam G & M Pillay Land-209m²


1.2.1.3 That subject to adoption of .1 above, the Head: Real Estate be authorized to conclude the relevant compensation agreements and all necessary documents to effect registration in favour of the eThekwini Municipality.

Project: TM0117R2 582 680 (To be provided 2015/2016 financial year)Vote No.: 80002 FC No.: 79/CA1626ADOPTED.

1.2.2 Work in Excess of R500 000: Commissioning of New Miniture Substation at 28 Roosevelt Road - Gillitts - Ward Number 8 (Drawing Number DL 2745743) (27/2/R):(Page 50 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


That authority be granted to the Head: Electricity to incur expenditure estimated at R547 037.00 (Five Hundred and Forty Seven Thousand and Thirty Seven Rand) through the normal goods and services procurement process in order to commission a new miniture substation in Ward 8, 28 Roosevelt Road, Gillitts.

Account Code 80161: R547 037.00Provided in the 2015/2016 Capital EstimatesFC79/CA1624ADOPTED.

1.2.3 Work in Excess of R500 000 : Commissioning of DSS at 18 Surprise Road - Westmead - Ward Number 15 (Drawing Number DL 3185314) (27/2/R & 27/2/1/3/R):(Page 51 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


That authority be granted to the Head: Electricity to incur expenditure estimated at R2 948 070.00 (Two Million Nine Hundred and Forty Eight Thousand and Seventy Rand) through the normal goods and services procurement process in order to equip the distributor substation in Ward 15, 18 Surprise Road, Westmead.

DL 3185314 Account Code 80161: R2 948 070.00Provided in the 2015/2016 Capital Estimates FC79/CA1633ADOPTED.

1.2.4 Work in Excess of R500 000 : System Reinforcement of Umhlanga Newtown Centre, 82 Summer Way DSS : (DL 2710303/A0) (27/2/R):(Page 52 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


That authority be granted to the Head: Electricity to incur expenditure estimated at R1 955 224.00 (One Million Nine Hundred and Fifty Five Thousand Two Hundred and Twenty Four Rand) through the normal goods and services procurement process to construct a medium voltage reticulation system in order to provide new electricity connections in Umhlanga Newtown Centre, 82 Summer Way.

Account Code 81025: R1 955 224.00


Provided in the 2015/2016 Capital Estimates FC79/CA1635ADOPTED.

1.2.5 Work in Excess of R500 000: System Reinforcement of Umhlanga Newtown Centre, 3 The High St DSS: (DL 2449555/A0) (27/2/R):(Page 53 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


That authority be granted to the Head: Electricity to incur expenditure estimated at R3 024 555.00 (Three Million and Twenty Four Thousand Five Hundred and Fifty Five Rand) through the normal goods and services procurement process to construct a medium voltage reticulation system in order to provide new electricity connections in Umhlanga Newtown Centre, 3 The High St DSS.

Account Code 81009: R3 024 555.00Provided in the 2015/2016 Capital Estimates FC79/CA1632ADOPTED.

1.2.6 Work in Excess of R500 000: Electrical Reinforcement of Cottonlands Area, Inanda, Ward 60 (DL 3219848) (27/2/3/2):(Page 54 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


That authority be granted to the Head: Electricity to incur expenditure estimated at R1 480 000.00 (One Million Four Hundred and Eighty Thousand Rand) through the normal goods and services procurement process in order to extend the existing medium and low voltage reticulation system to be able to provide electricity to the Cottonlands Area, in Ward 60, Inanda Storm Disaster Housing Project.


1.2.7 Work in Excess of R500 000: Commissioning of DSS at 10 Hagart Road, Pinetown, Ward 18 (DL 3193956) (27/2/R):(Page 55 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


That authority be granted to the Head: Electricity to incur expenditure estimated at R1 975 259.00 (One Million Nine Hundred and Seventy Five Thousand Two Hundred and Fifty Nine Rand) through the normal goods and services procurement process in order to equip the distributor substation in Ward 18, 10 Hagart Road, Pinetown.

Account Code 80161: R1 975 259.00Provided in the 2015/2016 Capital Estimates FC79/CA1631


ADOPTED.

1.2.8 Work in Excess of R500 000: Replacement of Medium Voltage Switchgear at 298 Bluff Road Distributor Substation No.54 in Bluff Road, Jacobs (Ward 66): Drawing No.3266180 (27/2/R):(Page 56 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


That authority be granted to the Head: Electricity to incur expenditure estimated at R2 481 525.00 (Two Million Four Hundred and Eighty One Thousand Five Hundred and Twenty Five Rand) through the normal goods and services procurement process to replace the existing medium voltage switchgear at 298 Bluff Road Distributor Substation No. 54 in Ward 66, Bluff Road, Jacobs as the existing medium voltage switchgear has faulted and cannot be repaired.


1.2.9 Work in Excess of R500 000: Installation of Low Voltage Electricity Cables in Road 710, Chatsworth (Ward 73): Drawing No.3255534 (27/2/1/3/R):(Page 57 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


That authority be granted to the Head: Electricity to incur expenditure estimated at R558 150.00 (Five Hundred and Fifty Eight Thousand One Hundred and Fifty Rand) through the normal goods and services procurement process to lay approximately 1 950 metres of low voltage electricity cables in Ward 73, Road 710, Chatsworth in order to eliminate the problems associated with the electricity cables being located at the rear of the properties and to cater for the ongoing increase in demand for electricity supply.

Account Code 81028: R558 150.00Provided in the 2015/2016 Capital Estimates FC79/CA1634ADOPTED.

1.2.10 Proposed Installation of 132/11kV 30 MVA Transformers at the Avoca Substation (27/2/R):(Page 58 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


That in order to cater for the above mentioned load growth, authority be granted to the Head: Electricity to proceed with the installation of an additional two 132/11 kV, 30 MVA transformer and associated equipment at the Avoca Substation at a total estimated cost of R16 350 000.00 (Sixteen Million Three Hundred and Fifty Thousand Rand) in the 2016/17 financial year.


Vote: 80682/ Project TM00074TR; R16 350 000.00 to be provided in the 2016/17 financial year FC79/CA1636ADOPTED.

1.2.11 Proposed Installation of 132kV Bus Section and Two Additional 132/11kV, 30 MVA Transformers at Kingsburgh Substation (27/2/R):(Page 59 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


That in order to cater for the above mentioned load and future load growth as well as for greater flexibility in operation, authority be granted to the Head: Electricity to proceed with the installation of additional two 132/11 kV, 30 MVA transformers, a 132kV bus section and associated equipment at Kingsburgh Substation at a total estimated cost of R20 200 000.00 (Twenty Million Two Hundred Thousand Rand).

Vote: Account 80613, Project TM0015; R20 200 000.00 shall be provided in the 2017/18 financial year; FC79/CA1630ADOPTED.

1.2.12 Proposed Replacement of 11kV Oil Circuit Breakers at the Bayhead, Esplanade and Toyota Substations (27/2/R):(Page 60 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


That in order to replace the outdated 11kV oil switchboards, protection and associated equipment at the Bayhead, Esplanade and the Toyota Substations, authority be granted to the Head: Electricity to proceed with the replacement of switchboards at an estimated cost of R77 610 000.00 (Seventy Seven Million Six Hundred and Ten Thousand Rand)

Vote: Account 80181, Project TM0140IS; R14 710 000.00 shall be provided in the 2017/18 financial year FC79/CA1565

Vote: Account 80181, Project TM0144IS; R12 950 000.00 and R5 650 000.00 shall be provided in the 2018/19 and 2019/20 financial yearsFC79/CA1565

Vote: Account 80181, Project TM0094IS; R10 900 000.00, R14 260 000.00 and R3 880 000.00 shall be provided in the 2016/17, 2017/18 and 2018/19 financial years FC79/CA1565

Vote: Account 80181, Project SPARE001; R15 260 000.00 shall be provided in the 2016/17 financial year FC79/CA1565ADOPTED.


1.2.13 Electricity Tariff Revision: Energy Tariffs and Schedule of Connection Fees and Charges for 2016/2017 (7/6/1/2):(Page 62 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)

With the Democratic Alliance dissenting, by majority,


1.2.13.1 That preliminary approval be sought for a 7.64% average increase in Electricity tariffs for the 2016/17 financial year, pending release of National Energy Regulator's guideline in April 2016 and their subsequent approval.

1.2.13.2 That the Schedule of Connection Fees and Charges be approved.NOTED on the basis that the above recommendations had been considered in conjunction with the 2016/17 -2018/19 MTREF Budget which was adopted by Council on 2016-05-31.

1.2.14 Oil from Algae at Kingsburgh WWTW (23/1/11/2/1/2):(Page 72 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


1.2.14.1 That for the reasons stated in report by the City Manager dated 2016-02-15, authority be granted to the Head: Water and Sanitation to negotiate terms, conditions and cost implications with the relevant stakeholders with respect to the project to produce biofuel from microalgae by constructing a raceway pond at the Kingsburgh Waste Water Treatment Works.

1.2.14.2 That subject to the adoption of .1 above, authority be granted to the Head: Water and Sanitation to submit a further report seeking approval for the City Manager to enter into the relevant agreement between eThekwini Municipality and all relevant stakeholders as identified in the report.ADOPTED.

1.2.15 Acquisition for Regularisation of Road Encroachment Erf 2470-2472 & Erf 32960 (17/2/1/1/2):(Page 136 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


1.2.15.1 That in order to regularize the encroachment of municipal services over privately owned property viz. Erven 2470, 2471, 2472 and Erf 32960 all of Pinetown, the Head: Real Estate be authorised to deviate from the Supply Chain Management Regulations and negotiate the acquisition of road servitudes as reflected on plan SH 9899, utilizing Regulation 36 (1)(a)(ii) of the Supply chain Management Regulations.

1.2.15.2 That subject to the adoption of .1 above and approval of the Bid Adjudication Committee pursuant to successful negotiations, the Head: Real Estate be authorised to sign the relevant agreement and all documents necessary to effect registration of the servitudes rights to the eThekwini Municipality.

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


1.2.15.4 That in the event of the negotiations being unsuccessful, the Head: Real Estate be authorised to expropriate the required servitude rights and to sign all documents necessary to give effect to the expropriation.

Financial Implications:-

R520 000.00 (Five Hundred and Twenty Thousand Rand) to be funded from the Real Estate Unit’s acquisitions Blocksum 2016/17ADOPTED.

1.2.16 Expropriation: Road Servitude for Road Development Purposes: Postum Road Upgrade: Malukazi, Isipingo (REF: 17/2/1/1/34-SS)(17/2/1/1/4): (Page 141 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


1.2.16.1 That an offer of Compensation calculated in terms of Section 12 of the Expropriation Act No. 63 of 1975 be paid to the registered owners in terms of Section 11 (1) of the Expropriation Act No. 1975 to expropriate land for road development, as reflected below:

PROPERTY DESCRIPTION

PROPERTYOWNER

APPROXEXTENT

MARKET VALUATION

SOLATIUM TOTAL COMPENSATION

Proposed Road Servitude over Erf 283 Isipingo

Lehri (Pty) Ltd

156m² R5 000 R500 R5 550


R J Moosa and Others

940m² R33 000 R3 300 R36 300


A Moosa and Others

1 785m² R45 000 R4 500 R49 500


S Birbal and Others

79m² R3 000 R300 R3 300


R Motilall and Others

808m² R28 000 R2 800 R30 800


S Bisnath and others

804m² R28 000 R2 800 R30 800

Proposed Road Servitude over Erf 267 & 268 both of Isipingo

N P Hargovan 1 801m² R45 000 R4 500 R49 500


Ramparsad 22m² R1 000 R100 R1 100


S Beedase and others

432m² R15 000 R1 500 R16 500


R Sewparsad and others

692m² R24 000 R2 400 R26 400


1.2.16.2 That subject to the adoption of .1 above, the Head Real Estate be authorized to conclude the relevant compensation agreements and all necessary documents to effect registration in favour of the eThekwini Municipality.

Project: P6949 Vote: P6949. 1.72510.49400R128 400.00 (Provided 2016/2017)ADOPTED.

1.2.17 Isipingo Town Centre Renewal: Acquisition of Land for Road Upgrade Purposes: YM Jadwat and Others (REF.17/2/1/1/34/8-6.KR) (17/2/1/1/2):(6 : Human Settlements and Infrastructure Committee - Agenda 2016-05-03)


1.2.17.1 That the Head: Real Estate be authorized to make offers and payments in terms of Compensation calculated in terms of Section 12 of the Expropriation Act No. 63 of 1975 as indicated in schedule below, plus VAT and interest if applicable, in terms of Section 11(1) of the Expropriation Act No. 63 of 1975 to acquire land for road upgrade.

MUNICIPALITY’S REQUIREMENTS

REGISTERED OWNERS

EXTENT MARKET VALUATION (EXCL. VAT)

SOLATIUM TOTAL PAYABLE (EXCL. VAT)

PROPOSED PORTION [A] OF ERF 2378 ISIPINGO

EH BROTHERS TRUST (Reg. No IT 435/2015 (D)

178² R265 000 R18 250 R283 250


ME JADWAT (ID No. 1011010149082)

306m² R460 000 R28 000 R488 000


MBY JADAWAT TRUST (Reg. No. 4532/73) and E/L MA B-E JADWAT (Reg. No. 705/63)

232m² R350 000 R22 500 R372 500


IA JADWAT PROPERTY (PTY) LTD (Reg. No. 705/63)

343m² R515 000 R30 450 R545 450


E/L SA B—E JADWAT (Reg. No. 169/64)

401m² R600 000 R33 000 R633 000

ERF 9 ISIPINGO NELESCO 58 (PTY) LTD (Reg No. 2004/00240607)

78m² R1 520 000 R50 200 R1 570 200

PROPOSED PORTION [A] OF 1 OF ERF 590 ISIPINGO

HECTOWELL INVESTMENT PTY LTD (Reg. No. 2010/01654907)

391 & 72m²

R310 000 R20 500 R330 500


PROPOSED PORTION [A] (OF 7) OF ERF 2255 and [B] (OF 8) OF ERF 2255 BOTH OF ISIPINGO

HECTOWELL INVESTMENT PTY LTD (Reg. No. 2010/01654907)

974m² R1 460 000 R49 600 R1 509 600

1.2.17.2 That subject to the adoption of .1 above, the Head: Real Estate be authorized to sign the relevant Compensation Agreements and all documents necessary to effect transfer in favor of the eThekwini Municipality.

Vote: S1019.74185.9001 R6 400 000.00 (Provided 2015/2016)FC No.: 18/CA45ADOPTED.

1.3. ADJUSTMENT OF TIMING DATES FOR PAYMENTS FROM COUNCIL/EFFINGHAM JOINT VENTURE IN RESPECT OF THE INTEGRATED RAPID TRANSPORT NETWORK (IRPTN) : BHEJANE ROAD HALF DIAMOND INTERCHANGE (26/3/1/1)

(Page 16)

Council is requested to rescind its decision of 30 April 2015 where authority has been given to receive payment from the Effingham Joint Venture by December 2016. It is now proposed to receive payment over a period of 15 months due to the December deadline being unattainable.


1.3.1 That the following resolution relative to the Roads System Management Department, as adopted by Council on 30 April 2015, be rescinded:-

7.10.2 That on conclusion of the Memorandum of Agreement, authority be given for the City to receive payment from the Effingham Joint Venture in four payments made at the completion of the Project or by December 2016, whichever comes first.

1.3.2 That subject to the adoption of .1 above, authority be given for the City to receive payment from Effingham Joint Venture in four (4) payments within a fifteen month period for the Integrated Rapid Transport Network (IRPTN), Bhejane Road Half Diamond Interchange project, from the date of the Memorandum of Agreement being signed. ADOPTED.


1.4. AUTHORITY FOR THE ARTIST BARBARA SIEDLE AND TRANSNET PORT AUTHORITY TO TEMPORARILY RELOCATE “THE LADY IN WHITE” STATUE FROM THE HARBOUR TO PORT NATAL MARITIME MUSEUM (35/2/1/1/2)

(Page 42)


That project authority be granted to the Head: Parks, Recreation & Culture for the statue of ‘The Lady in White’ to be temporarily accommodated at the Port Natal Maritime Museum (next to Britannia Room) until such time that Transnet has completed its construction along the harbour and for the statue to thereafter be returned to its original location.

Financial Implications:

There are no financial costs to Council for the design, construction and installation as well as movement of the statues. All costs would be incurred and covered by the private Agencies associated with the Portuguese community in Durban as well as the Local History Museum Trust.ADOPTED.

1.5. REQUEST TO AUTHORISE COUNCIL’S FUNDING AND EVENTS STAKEHOLDER PARTNERSHIPS FOR THE WATER INSTITUTE OF SOUTH AFRICA (WISA) 2016 BI-ENNIAL CONFERENCE AND COMMUNITY SUPPORT PROGRAMMES (13/2/1/2/1)

(Page 52)

The Water Institute of South Africa (WISA) is a non-profit organization of professionals in the water sector that promotes professional excellence hence they are reliant on Water Authorities to host the Conference.


1.5.1 That Council approves the City’s funding in the total amount R3 317 714.48 (Three Million Three Hundred and Seventeen Thousand Seven Hundred and Fourteen Rand Forty Eight Cents) and partnership with the event organizer regarding the hosting of the Water Institute of South Africa (WISA) Biennial Conference 2016 event from 15 to 20 May 2016 to, amongst other things, advance the fight against poverty and the onset drought throughout the eThekwini region.

1.5.2 That Council approves funding for the hosting of the events as listed below:-

No. Event Name Event Period of Occurrence

Total Event Budget

Recommended Support Amount

2016 2016

1. Water Institute of South Africa (WISA) Conference 2016

May 2016 R10 000 000.00

1.1 ICC Venue Hire R510 275.86

X3 Water storage and Supply Systems Off- gridPre-Conference

R450 000.00


Marketing and Branding R500 000.00

Community Programme Engagement and Liaison

R100 000.00

Contribution to Annual WISA KZN Water Programme

Engineering and Identification of x5 Boreholes/ Off-grid and Water Tanks 2016/2017

+/- R150 000.00 each

R750 000.00

Community Education “Save Water” pre and post conference x5 regions

SUB-TOTAL R2 910 275.86

VAT R407 438.62

TOTAL R3 317 714.48

1.5.3 That authority be granted for the Acting Deputy City Manager: Economic Development and Planning to negotiate, and conclude contracts with the Water Institute of Southern Africa (WISA) and to ensure that the community events and programmes meet the specific criteria identified by eThekwini Municipality – transparency, transformation (growth and development), positive economic and social impact.

1.5.4 That subject to the approval of .1 and .2 above, the Acting Deputy City Manager: Economic Development and Planning keep the City’s leadership informed of progress and ultimate outcome of negotiations and the hosting of the conference.


Year Funding Contribution excluding VAT

VAT Funding Contribution including VAT

2015/16 R2 910 275.86 R407 438.62 R3 317 714.48The event has not been budgeted in the 2015/16 financial year but a saving of R2 000 000.00 excluding VAT has been identified on Vote No.: 30010.10564. Savings of R910 275.86 excluding VAT will be identified in the events Vote and will be regularized by a Virement Budget (Vote No.: 30010.10562.00002.

Vote No.: 30010.10564 FC No.: 12/52ADOPTED.

1.6. PROGRESS REPORT ON THE ESTABLISHMENT OF A MUNICIPAL ENTITY: DURBAN MUNICIPAL BUS SERVICE (26/3/1/2)

(Page 71)

The Municipality is at a final step of the process to establish the Municipal Entity to operate the Durban Municipal Bus Service, as approved by Council, now that compliance with Section 84 of the Municipal Finance Management Act has been achieved. The process to deal with the formalities to establish the Entity would now commence, including the appointment of Directors; the registration of the Entity; and transferring existing personnel into the Entity. A need exists to put in place a support system for approximately three years to assist with the formulation of policies and other relevant governance practices to lay a solid foundation for the effective functioning of the Entity. The Municipality has been able to understand processes within the current bus operator Tansnat, with the intervention of KPMG and the


appointment of Adjudicator to assess claims on debts between the Municipality and Tansnat.


1.6.1 That Council reaffirms its decision of 2015-08-13 approving the provision of the Durban Public Transport Bus Service through an external mechanism in the form of a Municipal Entity since the City Manager has fully complied with the requirements of Section 84 of the Municipal Finance Management Act as follows:-

1.6.1.1 The Municipality has determined the precise function or service that the Municipal Entity would perform on its behalf.

1.6.1.2 The Municipality has made an assessment of the impact of the shifting of the Municipal Bus Service to the Municipal Entity on the Municipality's staff, assets and liabilities.

1.6.1.3 The Municipality has made public an Information Statement setting out the Municipality's plans for the Municipal Entity in the Public Notice and invited the local community, organized labour and other interested persons to submit comments and representations in respect of the Municipality's intention to establish the Municipal Entity.

1.6.1.4 The Municipality has solicited the views and recommendations of the National Treasury, the KwaZulu-Natal (KZN) Provincial Treasury, the National Co-operative Governance & Traditional Affairs (COGTA), the KZN Provincial COGTA Department and the KZN MEC for COGTA, it being recorded that given the absence of responses from the aforementioned parties at the expiry of the 90-day prescribed period, the Municipality is permitted to proceed with its own processes to formalise the establishment of the Municipal Entity.

1.6.2 That subject to .1 above authority, be granted for the City Manager to commence with the process of putting in place governance structures relating to the establishment and functioning of the Municipal Entity to transfer the operation of the Municipal bus service to the Municipal Entity and give regular reports to the Municipal Council.Consideration DEFFERED to enable matter to be discussed at the Special Council Meeting on 2016-06-28.

1.7. SABC NEWS CHANNEL 404 : CITY HALL DEBATE (12/2)

(Page 154)


1.7.1 That authority be granted to the SABC News Channel 404 for the utilization of the Durban City Hall free of charge to host its KwaZulu-Natal leg of its election debates from 21 May 2016 at 12:00 until 20:00 on 22 May 2016, in line with the public service mandate.


7.2 That Council acknowledges the benefits to the City in respect of free publicity and mileage on a national broadcaster, an opportunity for the City leadership to present its five year service delivery successes and showcase a backdrop recommended for television broadcasts.

1.7.3 That Council approves the assistance to activate the necessary services on that day including emergency health and disaster management services.NOTED on the basis that the event had already been held.

1.8. ARTISANS DEVELOPMENT PROJECT : TRAINING OF ARTISANS OVER A PERIOD OF THREE YEARS (4/3/5/2)

(Page 156)

This serves to give update on the process to train Artisans over a period of three years as the City intervention to absorb young people into the Municipality.The programme is applauded given potential job opportunities thereafter. The involvement of private sector is recommended to advance the programme for greater benefits to a number of Youth members and broader job opportunities. The selection process would be communicated to achieve transparency for Youth members to obtain clear information in terms of what is expected to access the training opportunity.


That, in line with the Council resolution of 24 February 2016, Council notes the progress report contained in the report by the Deputy City Manager: Human Resources dated 01 April 2016 as contained in the Executive Committee Agenda of 10 May 2016 on the implementation of the 3-year Artisans Development Training Project, which reports outline selection criteria; placement during and after training; and financial implications.


Item

Cost Area Cost per Student (Year 1)

Cost per Student (Year 2)

Cost per Student (Year 3)

TOTAL

1. Tuition R45 000.00 x 3000 = R135 Million

R45 000.00 x 3500 = R157.5 Million

R45 000.00 x 3500 = R157.5 Million

R450 Million

2. Stipend R24 000.00 x 3000 = R72 Million

R24 000.00 x 3500 = R84 Million

R24 000.00 x 3500 = R84 Million

R240 Million

3. Material R5 000.00 x 3000= R15 Million

R5 000.00 x 3500= R17,5 Million

R5 000.00 x 3500= R17,5 Million

R50 Million

4. Project Management R500 000.00 R500 000.00 R500 000.00 R1,5 Million

5. Contingency 5% 0 R338 000.00 R338 000.00 R676 000.00

TOTAL R222,5 Million R259,8 Million R259,8 Million R7.42,1 Million

NOTED.


1.9. AFRICAN RENAISSANCE CONFERENCE : 23 TO 24 MAY 2016 (12/9/R)

(Page 161)

It was acknowledged that the hosting of this Conference will enhance the Municipality’s international relations, tourism profile and investment profile with key African partners. Further, that the programme will also support a range of activities for the Annual Africa Day function.


That Council approves the partnership with the African Renaissance Committee to fund the African Renaissance Committee Conference from 23 to 24 May 2016 on the basis that it would enhance eThekwini Municipality’s international relations, tourism and investment profile with key African partners.

Financial Implication:

Description Unit Amount Vote No.

Venue Hire

Inkosi Albert Luthuli ICC Durban

International & Governance Relations

R504 000.00 32410.03210

Advertising Package Communications R500 000.00 32240.03104.00004

Development and maintenance of the International Bursary Programme

Business Support Tourism and Markets

In partnership with the Office of the Premier, KZN Education Department and the KZN Diplomatic Corps

R600 000.00 26723.03786

Independent Newspapers- to use The Royal Show to promote Durban and partnership with Indian Island cities and African partners to 350 000 visitors to the Royal Show - 27 May to the 06 June 2016

R300 000.00 30010.10567.00001

Stage – African Day Festival and Parade around the City Hall Precinct

R250 000.00 30010.10567.00001

NOTED on the basis that the event had already been held.


2. SECOND REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON WEDNESDAY, 2016-06-08

2.1. REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE: MEETING HELD ON 2016-05-12

(Page R1)

2.1.1 Report on the Analysis of Value Chains of eThekwini’s Organic and Non-Organic Waste Sector Undertaken by the Economic Development and Investment Promotions Unit and the Durban Solid Waste Unit (24/4/1/1):(Page 1 : Economic Development and Planning Committee - Agenda – 2016-05-12)


2.1.1.1 That the allocation of capital budget for the upgrade of the buyback centre in Chris Hani Road, Redhill, be approved.

2.1.1.2 That a detailed report outlining the exact funding amounts required for the upgrade of the buyback centre in Chris Hani Road, Redhill, be submitted to the Economic Development and Planning Committee for consideration once the aforementioned information is available.

2.1.1.3 That the partnership with the University of KwaZulu-Natal for the feasibility assessment of the business idea relative to recycled tyre processing, green waste composting and the Warwick junction community biogas project, be approved.

2.1.1.4 That a progress report on the outcome of project proposals alluded to in the report by the City Manager dated 2016-03-14, be submitted to the Economic Development and Planning Committee within 6 months after Council approval.ADOPTED.

2.1.2 Feedback from the 100 Resilient Cities Councillor Workshop and Update on Phase 2 of the 100 Resilient Cities Programme (3/5/12 & 32/2/2):(Page 7 : Economic Development and Planning Committee - Agenda - 2016-05-12)


That the resilience focus areas and issues, as well as the way forward for Phase 2 (i.e. A “Systems Analysis” to try to understand the systemic links across the resilience issues and to identify where the most catalytic opportunities for intervention might lie), of the 100 Resilient Cities Programme in Durban, outlined in the report by the City Manager, dated 2016-03-14, be endorsed, in order to allow the Chief Resilience Officer and the 100 Resilient Cities Project Management Team to continue to develop Durban’s Resilience Strategy.ADOPTED.


2.1.3 100 Resilient Cities Pilot Project : Community Based Interventions to Improve River Health (3/5/12 & 32/2/2):(Page 16 : Economic Development and Planning Committee - Agenda - 2016-05-12)


2.1.3.1 That the City Manager be authorised to enter into a Memorandum of Agreement with Kloof Conservancy for the 100 resilient Cities Pilot Project : Building Partnerships for Environmental restoration, human well-being and resilience.

2.1.3.2 That subject to the approval of .1 above, the Head : Development Planning, Environment and Management be authorised to disburse municipal funds to the value of R600 000.00 (Six Hundred Thousand Rand) (excl. VAT) in terms of Section 67 of the Municipal Finance Management Act before the end of June 2016.ADOPTED.

2.1.4 Durban Film Office Development Programmes : Microbudget Film Programme and Development Fund Programme 2016/2017, 2017/2018 and 2018/2019 (20/2/1):( : Economic Development and Planning Committee - Agenda - 2016-05-12)


2.1.4.1 That the Head : Economic Development and Investment Promotion be authorised to continue supporting the Durban Film Office Development Programmes for the development, growth and competitiveness of the sector.

2.1.4.2 The subject to the approval of .1 above, the City Manager be authorised to conclude the necessary contractual agreements with the successful applicants to the Durban Film Office Development Programmes.

2.1.4.3 That subject to the approval of item .1 and .2 above, the Head : Economic Development and Investment Promotion be authorised to disburse funding in accordance with the approved contractual agreements.

2.1.4.4 That the Head : Economic Development and Investment Promotion be authorised to report progress on this initiative on an annual basis.

VOTE NUMBER AMOUNT YEAR

26106.12360 R1 250 000 Excl VAT Provided 2016/17



ADOPTED.


2.2. REPORT OF THE FINANCE AND PROCUREMENT COMMITTEE : MEETING HELD ON 2016-05-12

(Page R3)

2.2.1 Report on Investments (7/11/4):(Page 10 : Finance and Procurement Committee - Agenda 2016-05-12)


That the report on the investments of the eThekwini Municipality as at 2016-03-31, submitted by the City Manager as per his report dated 2016-04-13 and as per the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.NOTED.

2.2.2 Update on Remedial Action Taken to Deal with Irregular Expenditure : 2014/15 Financial Year (7/7 R & 9/1/3):(Page 16 : Finance and Procurement Committee - Agenda 2016-05-12)


2.2.2.1 That the action taken on irregular expenditure incurred for the year ended 30 June 2015 amounting to R142 356 566.00 (One Hundred and Forty Two Million Three Hundred and Fifty Six Thousand Five Hundred and Sixty Six Rand) be noted.

2.2.2.2 That the Finance and Procurement Committee makes any input it deems necessary on the reported cases. Recommendation 2.2.2.1 NOTED and Recommendation 2.2.2.2 ADOPTED.

2.2.3 Operations of Revenue Management (2/1/5/1):(Page 34 : Finance and Procurement Committee - Agenda 2016-05-12)


2.2.3.1 That the Committee take cognizance of the report of the City Manager dated 2016-04-04, relative to Operations of Revenue Management.

2.2.3.2 That some of the key measurements implemented as stipulated in Annexure A of the report of the Deputy City Manager dated 2016-04-04, be noted.

2.2.3.3 That the monthly cash collected on services as depicted on ANNEXURE B to the report of the City Manager dated 2016-04-04, be noted. NOTED.


2.2.4 Proposed Sale of Land Described as Erf 670 Ntuzuma-E by Private Treaty to Watch Tower Bible and Tract Society of South Africa (Registration Number 2006/022758/08) (17/2/1/2/3):(Page 39 : Finance and Procurement Committee - Agenda 2016-05-12)


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

2.2.4.1.1 That the property described as Erf 670 Ntuzuma E is not required to provide the minimum level of basic Municipal Services.

2.2.4.1.2 The fair market value of the land is R205 000.00 (Two Hundred and Five Thousand Rand) and the Social Community value to be received has been considered.

2.2.4.2 That in terms of Section 40 (2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, Erf 670 Ntuzuma-E, Registration Division FT, Province of KwaZulu-Natal in extent 2268m² as depicted on SJ 4543/2 be sold by private treaty to the Watch Tower Bible and Tract Society of South Africa (Registration Number 2006/022758/08) at the price of R116 580 00 (One Hundred and Sixteen Thousand Five Hundred and Eighty Rand) which represents fifty percent of the unencumbered value of the land inclusive of VAT.

2.2.4.3 That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in order to formally sell Erf 670 Ntuzuma-E to the Watch Tower Bible and Tract Society of South Africa in terms of Section 36 (1)(a)(v) of the Supply Chain Management Regulations.

2.2.4.4 That in the event of objections being lodged to the proposed sale when it is statutory advertised, the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy “Resolutions of Disputes, Objections, Complains and Queries”

2.2.4.5 That in the event of the sale not being finalised within six (06) months of the date of Council authority being granted a report be submitted by the Head: Real Estate to the Bid Adjudication Committee to review the purchase price in line with the current market value of the property where there has been a change in the market value.

2.2.4.6 That subject to the adoption of paragraph 1-5 above and the approval of the Bid Adjudication Committee, the Head : Real Estate be authorized to sign all documents to give effect to the transaction. ADOPTED.

2.2.5 Expropriation: Land and/or Servitude Rights for the Verulam 132kV Upgrade (REF 17/2/1/1/26/21-KT/SS) (17/2/1/1/4): (Page 50 : Finance and Procurement Committee - Agenda 2016-05-12)


2.2.5.1 That the Head: Real Estate be authorised to make offers and payments in terms of Section 11 (1) of the Expropriation Act No. 63 of 1975 as indicated on Table 1


below, plus VAT and interest if applicable (Calculated into Section 12 of the Expropriation Act).

Table 1- PARTIALLY AFFECTED PROPERTIES:

REQUIREMENTS & PROPERTY

DESCRIPTION

PROPERTYOWNER

APPROXEXTENT

MARKET VALUATION


OHTL Servitude over Ptn 195 of the farm Riet Rivier No. 842

Ammersingh 1130m² R51 000 R5 100 R56 100


B R Singh 2036 & 172m² R270 000 R18 500 R288 500


Hooblal 5026 & 209m² R235 000 R16 750 R251 750


M D Mkhize 18m² R1 440 R144 R1 584


M & N Mbhuntsu

207m² R16 560 R1656 R18 216


S P Mkhethwa 78m² R6 000 R600 R6 600

OHTL & ROW Servitude over Erf 498 Trenance Park

N Matiwane &Z Bangose

391 & 72m² R31 000 R3 100 R34 100

OHTL Servitude over Rem of Ptn 184 (of 14) of the farm Riet Rivier No. 842

C Sirkar & Others

40m² R2 000 R200 R2 200


K & M Fakir 5m² R1000 R100 R1 100


D & P Adiwari 8m² R1 600 R160 R1 760


M & S Dlangisa

12m² R2 400 R240 R2 640


M & M Govender

12m² R2 400 R240 R2 640


M Archary 47m² R9400 R940 R10 340

OHTL & ROW Servitude over Erf 1044 Verulam

A G H Maiter & Others

14557 & 587m² R457 000 R27 850 R484 850

OHTL Servitude over Erf 1041 Verulam R Rattan 313m² R14 000 R1 400 R15 400


R Rattan & Others

8500m² R383 000 R24 150 R407 150

OHTL & ROW Servitude over Ptn 119 (14) of the Farm Riet

Haripersadh & Others

4976 & 412m² R224 000 R16 200 R240 200


REQUIREMENTS & PROPERTY

DESCRIPTION

PROPERTYOWNER

APPROXEXTENT

MARKET VALUATION


Rivier No. 842


Phooljharia & Others

1821m² R82 000 R8 200 R90 200


O Maharaj & Others

5399m² R243 000 R17 150 R260 150


H & L Ramdhani

3250 & 345m² R146 000 R12 300 R158 300

OHTL & ROW Servitude over Rem of Ptn 557 (100) of the Farm Riet Rivier No. 842

N Mahesh 2002 & 286m² R90 000 R9 000 R99 000

OHTL & ROW Servitude over Ptn 558 (100)of the Farm Riet Rivier No 842

P & L Mahesh 3059 & 502m² R138 000 R11 900 R149 900

2.2.5.2 That a subsequent report will be submitted to address compensation/relocation in respect of the properties as indicated in Table 2 below:-

Table 2- ENTIRE PROPERTIES AFFECTED:

PROPERTY DESCRIPTION PROPERTY OWNER APPROXEXTENT

Erf 487 Trenance Park N V Mbhabane Land-422m²

Erf 490 Trenance Park T E Khumalo Land-558m²

Erf 491 Trenance Park N S Xaba Land-582m²

Erf 492 Trenance Park S J Kunene Land-561m²

Erf 499 Trenance Park M B Sibiya Land-496m²

Erf 500 Trenance Park N E Ndukuda Land-454m²

Erf 502 Trenance Park S Nxasane Land-215m²

Erf 504 Trenance Park B W Ngcamu Land-436m²

Erf 1664 Verulam S E Mbesa Land-236m²

Erf 1665 Verulam G & M Pillay Land-209m²

2.2.5.3 That subject to adoption of .1 above, the Head: Real Estate be authorised to conclude the relevant compensation agreements and all necessary documents to effect registration in favour of the eThekwini Municipality.

Project: TM0117 Vote: 80002R2 582 680 (provided 2015/2016) FC No. 79/CA1626ADOPTED.


2.2.6 General Valuation of all Properties within the eThekwini Municipality in terms of the Municipal Property Rates Act No. 6 of 2004 (MPRA) (17/1/4):(Page 56 : Finance and Procurement Committee - Agenda 2016-05-12)


2.2.6.1 That in terms of Section 31 (1) of the Municipal Property Rates Act No. 6 of 2004, as amended, the valuation date for all properties within the eThekwini Municipal area be determined as 02 July 2016.

2.2.6.2 That in terms of Section 33(1) of the Municipal Property Rates Act No. 6 of 2004, as amended, the Deputy Head : Valuations & Acquisitions, Clive Munien, I.D No. 620930 5203 086, be designated as municipal valuer.ADOPTED.

2.2.7 Isipingo Town Centre Renewal : Acquisition of Land for Road Upgrade Purposes: YM Jadwat and Others (REF.17/2/1/1/34/8-16.KR) (17/2/1/1/2):(Page 58 : Finance and Procurement Committee - Agenda 2016-05-12)


2.2.7.1 That the Head: Real Estate be authorised to make offers and payments of compensation calculated in terms of section 12 of the Expropriation Act No. 63 of 1975 as indicated in schedule below, plus VAT and interest if applicable, in terms of Section 11 (1) of the Expropriation Act No. 63 of 1975.

Municipality’s Requirements

Registered Owners

Extent Market Value

(Excl. VAT)

Solatium Total Payable

(Excl. Vat)


EH BROTHERS TRUST(Reg. No. IT 435/2015(D)

178m2 R265 000 R18 250 R283 250


ME JADWAT(ID No. 1011010149082)

306m2 R460 000 R28 000 R488 000


MBY JADWAT TRUST(Reg. No. 4532/73) and E/L MA B-E JADWAT(Reg. No. 705/63)

232m2 R350 000 R22 500 R372 500


IA JADWAT PROPERTY (PTY) LTD( Reg. No. 86/00611/07)

343m2 R515 000 R30 450 R545 450


E/L SA B-E JADWAT(Reg No. 169/64)

401m2 R600 000 R33 000 R633 000

ERF 9 ISIPINGO NELESCO 58 (PTY) LTD(Reg No. 2004/00240607)

1012m2 R1 520 000 R50 200 R1 570 200


Municipality’s Requirements

Registered Owners

Extent Market Value

(Excl. VAT)

Solatium Total Payable

(Excl. Vat)

PROPOSED PORTION [A] OF 1 OF ERF 590 ISIPINGO

HECTOWELL INVESTMENT (PTY) LTD(Reg No. 2010/01654907)

206m2 R310 000 R20 500 R330 500

PROPOSED PORTIONS[A] (OF 7) OF ERF 2255 and [B] (OF 8) OF ERF 2255 BOTH OF ISIPINGO

HECTOWELL INVESTMENT (PTY) LTD(Reg No. 2010/01654907)

974m2 R1 460 000 R49 600 R1 509 600

2.2.7.2 That subject to adoption of .1 above, the Head: Real Estate be authorised to sign the relevant Compensation Agreements and all documents necessary to effect transfer in favour of the eThekwini Municipality.

Vote: S1019.74185.9001 R6 400 000 (provided 2015/2016)FC No. 18/CA45ADOPTED.

2.2.8 Expropriation : Road Servitudes : Postum Road Upgrade : Malagazi Isipingo (REF: 17/2/1/1/34-SS) (17/2/1/1/4): (Page 78 : Finance and Procurement Committee - Agenda 2016-05-12)


2.2.8.1 That an offer of compensation calculated in terms of Section 12 of the Expropriation Act No. 63 of 1975 be paid to the registered owners in terms of Section 11(1) of the Expropriation Act No. 63 of 1975, as reflected bellows:-

PROPERTY DESCRIPTION

PROPERTY OWNERS

APPROXEXTENT

MARKET VALUATION

SOLATIUM TOTAL COMPEN-SATION


Lehri (Pty) Ltd 156 m² R5 000 R500 R5 550


R J Moosa and Others

940 m² R33 000 R3 300 R36 300


A. Moosa and Others

1 785 m² R45 000 R4 500 R49 500


S. Birbal and Others

79 m² R3 000 R300 R3 300


R. Motilall and others

808 m² R28 000 R2 800 R30 800


S. Bisnath and others

804 m² R28 000 R2 800 R30 800

Proposed Road Servitude over Erf 267 & 268 both of Isipingo

N.P. Hargovan 1 801 m² R45 000 R4 500 R49 500


Ramparsad 22 m² R1 000 R100 R1 100



S. Beedase and Others

432 m² R15 000 R1 500 R16 500


R. Sewparsad and others

692 m² R24 000 R2 400 R26 400

2.2.8.2 That subject to adoption of .1 above, the Head : Real Estate be authorised to conclude the relevant compensation agreements and all necessary documents to effect registration in favour of the eThekwini Municipality.

Project: P6949 Vote: P6949. 1.72510.49400R128 400 (provided 2016/17)ADOPTED.

2.2.9 Report on Awards Made by the City for the Month of March 2016:(Page 161 : Finance and Procurement Committee - Agenda 2016-05-12)


2.2.9.1 That the report of the City Manager dated 2016-04-07 relative to awards made by the City for the month of March 2016, as presented, be noted.

2.2.9.2 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.

2.2.9.3 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.

2.2.9.4 That the City Manager shall table a report to the Committee relative to the disciplinary, criminal and recovery actions taken, it being noted that the City Manager can only respond when the reports are available.Recommendations 2.9.1 and 2.9.2 NOTED and Recommendations 2.9.3 and 2.9.4 ADOPTED.

2.2.10 Municipal Entities Audit Requirements for the Year Ended 30 June 2016 (2/10/1/1/7):(Page 207 : Finance and Procurement Committee - Agenda 2016-05-12)


That taking cognizance of the International Convention Centre Durban (Pty) Ltd and the Durban Marine Theme Park (SOC) Ltd operations close to a break-even level, excluding depreciation and finance charges, Council confirms its commitment to ensuring the future financial viability of the International Convention Centre and the Durban Marine Theme Park and more specifically to meet any funding shortfalls that may compromise their ability to continue trading as a “going concern”.ADOPTED.

2.2.11 Accounting Policies for the Year Ended 30 June 2016 (7/1P):(Page 209 : Finance and Procurement Committee - Agenda 2016-05-12)



That in order to ensure compliance with S122 (3) of the Municipal Finance Management Act and National Treasury guidelines, which requires that the Annual Financial Statements of the Council and its Entities are in accordance with the Standards of Generally Recognised Accounting Practice and Standards of Generally Accepted Municipal Accounting Practice, the Accounting Policies as reflected in Annexure “A” to the report of the Deputy City Manager (Treasury) dated 2016-05-06, be approved. ADOPTED.

2.3. REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE : MEETING HELD ON 2016-05-20

(Page R11)

2.3.1 Revision of Housing Rentals: 2016/2017 (7/6/1/2) & (22/8/2/1):(Page 1 : Human Settlements and Infrastructure Committee - Agenda 2016-05-20)

The Committee having reduced the rental increase from 28% per annum to 15% and with the Democratic Alliance having advised that they were not in support of the proposal, by majority


That the existing rentals be increased by 15% per annum for all upgraded rentals units and to increase by 10% per annum for all non-upgraded units within the eThekwini Municipality, as recorded in Annexure A and B respectively, attached to the report by the Head: Human Settlements dated 2016-03-15, and with increase to be effective from 2016/07/01 and, thereafter, for the next years in order to attain sustainability.NOTED on the basis that the above recommendations had been considered in conjunction with the 2016/17 -2018/19 MTREF Budget which was adopted by Council on 2016-05-31.

2.3.2 Rental Review in Strollers Overnight Facility: 2016/2017 (7/6/1/2) & (22/8/22):(Page 13 : Human Settlements and Infrastructure Committee - Agenda 2016-05-20)

With the Democratic Alliance against the recommendations, by majority


2.3.2.1 That rentals for accommodation in strollers overnight facility be fixed at a standard rate of R112.00 (One Hundred and Twelve Rand) inclusive of VAT per person per night; and at a R101.00 (One Hundred and One Rand) inclusive of VAT, per scholar where there are more than thirty scholars.

2.3.2.2 That rentals for Trading Units be increased by 10% of current rentals, as reflected on Table "A" of the report by the Head : Human Settlements dated 2016-03-15.

2.3.2.3 That shower services be fixed at R11.00 (Eleven Rand) per person inclusive of VAT.


2.3.2.4 That rentals for storage Units be fixed at a rate of R23.00 (Twenty Three Rand) per day inclusive of VAT.NOTED on the basis that the above recommendations had been considered in conjunction with the 2016/17 -2018/19 MTREF Budget which was adopted by Council on 2016-05-31.

2.3.3 Proposed New eThekwini Municipality: Waste Removal By-Law 2016:( : Human Settlements and Infrastructure Committee - Agenda 2016-05-20)


That the eThekwini Municipality: Waste Removal By-law, 2016 be approved for final publication in Ezasegagasini Metro and the Provincial Gazette, with the By-law taking effect six months from the date of publication thereof or on such earlier date as may be determined by the publication of a commencement notice in the Provincial Gazette.ADOPTED.

2.4. REPORT OF THE TOWN PLANNING SUB COMMITTEE: MEETING HELD ON 2016-05-26

(Page R13)

2.4.1 Ap plication in Terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No 6 of 2008 Read in Conjunction with Section 42 of the Spatial Planning and Land Use Management Act No. 16 of 2013 to Amend the Inner West Scheme by:

1. The Introduction of a New Zone to be Known as General Mixed Use 1 Zone and its Associated Controls.

2. To Amend Paragraph 4 of the Additional Controls in respect of Intermediate Residential Zone with reference to the Garden Park Development Plan.

3. To Amend Paragraph 5 of the Additional Controls in respect of General Residential Zone with reference to the Garden Park Development Plan.

4. To Amend Additional Development Controls for General Commercial Zone with reference to the Garden Park Development Plan (21/7/3):

(Page 1 : Town Planning Sub Committee - Agenda 2016-05-26)


2.4.1 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 Development and Land Use Management Act, 2013 (Act 16 of 2013), approval be given for the amendment to the Inner West Scheme by:-

2.4.1.1 The introduction of a new zone to be known as General Mixed Use 1 Zone and its associated controls:-

● The amendment to paragraph 4 of the additional controls in respect of the Intermediate Residential Zone with reference to the Garden Park Development Plan.


● The amendment to paragraph 5 of the additional controls in respect of the General Residential Zone with reference to the Garden Park Development Plan.

● The amendment to the additional development controls for the General Commercial Zone with reference to the Garden Park Development Plan.

● The amendment to the additional development controls for Private Open Space with reference to the Garden Park Development Plan.

● That the land use referred to as “Recycling Centre” that is currently listed under the “Precluded Land Uses” for the Proposed General Mixed Use 1 Zone, be moved to the “Special Consent” column, for the aforementioned proposed Zone.

ADOPTED.

2.4.2 Application in Terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No 6 of 2008 Read in Conjunction with Section 42(3) of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) for the Amendment of the North Scheme by the Amendment of the Definition of Basement (21/7/3):(Page 22 : Town Planning Sub Committee - Agenda 2016-05-26)


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(3) of the Spatial Development and Land Use Management Act, 2013 (Act 16 of 2013) the amendment to the North Scheme, be approved, by the amendment of the definition of Basement under the General definition to now read as follows:-

“Basement : means the lowest part of any building which part is constructed with more than 50% of its volume below ground level. Ground level shall mean natural ground level, without any additional earthworks, as it existed prior to the conception of the building or development in question”.ADOPTED.


2.5. REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE: MEETING HELD ON 2016-05-26

(Page R15)

2.5.1 Grant-in-Aid Policy Review Report (74/P):(Page 1: Governance and Human Resources Committee - Agenda 2016-05-26)


2.5.1.1 That the revised Grant-In-Aid Policy as contained in the report by the Head: Community Participation and Action Support dated 2015-07-20, be adopted.

2.5.1.2 That subject to adoption of .1 above, authority be granted to the Head: Community Participation and Action Support Unit to implement the revised Grant-In-Aid Policy.

2.5.1.3 That it be noted that all comments received from the stakeholders during the consultation process have been effected into the revised policy.ADOPTED.

2.5.2 South Durban Basin ABM Programme (2/3/2/1/2):(Page 79: Governance and Human Resources Committee - Agenda 2016-05-26)


2.5.2.1 That authority be granted for the Head: Sizakala Customer Service Centre to implement the following South Durban Basin (SDB) Area Based Management (ABM) Projects:

2.5.2.1.1 South Durban Basin Teenage Pregnancy Programme through conducting workshops on a number of aspects including gender inequality across communities and schools, gender awareness, women's right, decision making, assertive training, building self-esteem and planning a vision for their lives.

2.5.2.1.2 SDB Child Headed Households Programme aimed at conducting a mini research which will roll out a programme to identify the number of Child Headed Households in the South Durban area, encouraging community participation and focusing on the emotional and social aspect of children's development, a survey and a database to be compiled on Child Headed Households as well as an audit of issues experienced, plan to assist such as putting a referral system in place for social work services, identify documents and grants.

2.5.2.1.3 SDB Co-operative Development Programme through strengthening competitiveness of the SDB Co-operatives by co-ordinating and facilitating intervention programmes necessary for their growth and development.

2.5.2.1.4 Ezimbokodweni Business Empowerment Workshop to inculcate entrepreneurial spirit within Ward 93 with a premise to empower aspiring entrepreneurs with small business development programme and capacitate them with critical business information requisite for business development and sustainability.

2.5.2.1.5 SDB Local Economic Development Strategy to develop Local Economic Development and Job Creation Strategy for the South Durban Basin Area Based Management of eThekwini Municipality.


2.5.2.1.6 To promote capacity building of child minders, sharing of best practices and collective action while at the same time allowing for the provision of mentoring and guidance to enable optimal functioning of each individual Forum comprising representatives from Merebank, Isipingo, Lotus Park, Bluff and Ezimbokodweni.

2.5.2.1.7 SDB Sustainable Cleanup and Joint Enforcement Operations with Cleansing and Solid Waste, Parks Recreation and Culture, Roads and Storm Water, Health, Water and Sanitation, Electricity, Metro Police and other Departments to clean up in targeted areas in order to educate residents about keeping their areas clean, enforcement of bylaws to eradicate crime and grime and to address service delivery challenges which led to the decay.

2.5.2.1.8 SDB ABM to facilitate Annual Service Delivery Workshop in a coordinated, integrated and efficient manner to deal with specific complaints lodged which were not resolved previously due to problems encountered.

2.5.2.1.9 South Durban Overnight Enforcement Operations/Raids facilitated for various enforcement agencies on business operating outside normal working hours focusing on nightclubs, discos and other nightlife entertainment enterprises operating illegally.

2.5.2.1.10 South Durban Basin to facilitate a workshop to raise awareness about the impact of Climate Change, transpired on the resolutions of COP21 and provide adaption measures and promote the environment sustainability in order to create harmony in the relationship between people and the environment.

2.5.2.2 That authority be granted to the Head : Sizakala Customer Service Centre to incur expenditure in the amount of R536 900.00 (Five Hundred and Thirty Six Thousand Nine Hundred Rand) to implement the South Durban Basin ABM Programme.

Vote: 30750.08485 R536 900.00 ; (To be provided in Virement Budget).FC Number: 29/06ADOPTED.

2.6. REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE: MEETING HELD ON 2016-06-02

(Page R17)

2.6.1 Glenwood : Portions of Hunt and Lena Ahren Roads: Conversion to Complementary One-Way System (26/1/1/3):(Page 8 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.1.1 That the envisaged economic upliftment of the urban area surrounding Hunt Road and Portion of Lena Ahrens Road, triggered by the proposed investment of MaxProp in the expansion of and improvements to the Glenwood Village Shopping Centre at no significant cost to the Municipality, be supported.


2.6.1.2 That, subject to the adoption of .1 above, the conversion of the Portions of Hunt Road and Lena Ahrens Road between King Dinizulu Road (South) and Che Guevara Road, be supported and prioritized, subject to further detailed technical investigations and the fulfillment of due public process.ADOPTED.

2.6.2 Rural Development Strategy : Final Draft Report : May 2016 (21/5/1):(Page 11 : Economic Development and Planning Committee - Agenda 2016-06-02)


That the final draft report by the City Manager, dated 2016-05-20 relative to the Consolidated Rural Development Strategy May 2016, be approved, the rural nodes being the following:-

RURAL INVESTMENT

NODES

RURAL SERVICE NODES

FUTURE URBAN NODES

RECREATIONAL NODES

Umbumbulu Magabheni Folweni Umgababa Beach

Umgababa Nsimbini KwaMakhuta Inwabi

Umzinyathi Zwelibomvu New Umkhomazi Interchange

Ntshongweni Dam

Intshanga KwaNgcolosi Inanda Dam

KwaXimba Senzokuhle Matabetule

Ntshongweni Hazelmere Dam

Cottonlands Dudley Pringle Dam

eMaphephetheni

Osindisweni

Buffelsdraai

Nyuswa

KwaMkhizwana

Vulamehlo

ADOPTED.

2.6.3 Revision of the Mpumalanga New Town Centre Precinct Plan (20/1/3/1):(Page 24 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.3.1 That the Revision of Mpumalanga Town Centre Neighbourhood Development Partnership Grant (NDPG) Precinct Investment Plan dated December 2015, and implementation of the multi-phase approach towards public realm and bulk infrastructure improvements, be approved.

2.6.3.2 That subject to .1 above, the following lead projects to be submitted to National Treasury for Neighbourhood Development Partnership Grant funding, be approved:-


2.6.3.2.1 Civic Services Centre (Sizakala Centre), Business Hive and Public Transport/Non Motorist Transport Access.

2.6.3.2.2 New/Relocated Rail Station and Public Transport/Non Motorist Transport Access.

2.6.3.2.3 Town Centre Public Park and Non Motorist Transport Access.ADOPTED.

2.6.4 Roll–Out of Compact Fluorescent Lamps (27/2/6/R & 32/2/2):(Page 31 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.4.1 That the project relative to the Roll–Out of Compact Fluorescent Lamps, be supported.

2.6.4.2 That subject to .1 above, the Energy Office be authorised to roll out the programme on behalf of eThekwini Municipality, with the necessary support from other Municipal Units.

2.6.4.3 That subject to .2 above, the Energy Office be authorised to spend R700 000.00 (Seven Hundred Thousand Rand) on Local municipal-wide radio and community newspapers for this project.

Vote number Amount Year Description of Cost FC Number

31601.09300 R500 000.00 2015/2016 Adverts in municipal-wide radio 03/98

31601.09300 R200 000.00 2015/2016 Adverts in local community newspapers 03/98

ADOPTED, by the majority vote.

2.6.5 Piloting Implementation of Strategic Wetland Management Framework and Composite Offset Approach on Specific Landholdings in the Northern Spatial Development Plan Area (32/1/5/1/1):(Page 38 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.5.1 That the adoption and application of the strategic wetland management framework and composite offset approach within the context of the Resilience Framework pilot project to specific landholdings belonging to Tongaat Hulett Developments and Dube Trade Port Corporation in the Northern Spatial Development Plan Area,be supported.

2.6.5.2 That the City Manager be authorised to enter into a new Memorandum of Agreement between eThekwini Municipality, Tongaat Hulett Developments and Dube Trade Port Corporation to guide the detailed work that will be needed to be undertaken by the parties to pilot the implementation of the above-mentioned strategic wetland management framework and composite offset approach.ADOPTED.


2.6.6 Biodiversity Agreement Between eThekwini Municipality and Ingonyama Trust Board in relation to KwaXimba Stewardship Area and Other Similar Stewardship Areas on Land Administered by Ingonyama Trust (32/1/5/2/2):(Page 46 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.6.1 That Council supports the Biodiversity Agreement between the eThekwini Municipality and the Ingonyama Trust Board in relation to the KwaXimba Stewardship area.

2.6.6.2 That the City Manager be authorised to sign the Biodiversity Agreement for the KwaXimba Stewardship area with the Ingonyama Trust Board on behalf of the eThekwini Municipality.

2.6.6.3 That the City Manager be authorised to sign similar Biodiversity Agreements, currently in development, with KwaCele and Amaphephethwa areas on behalf of the eThekwini Municipality.

2.6.6.4 That the City Manager be authorised to sign further similar Biodiversity Agreements for biodiversity stewardship areas falling under the jurisdiction of Traditional Councils on behalf of the eThekwini Municipality.ADOPTED.

2.6.7 Report to Appraise Council of the Planning Appeals Authority in Compliance with Section 51 of the Spatial Planning and Land Use Management Act, 16 of 2013 (21/4/1)(Page 65 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.7.1 That due to the Planning Bylaw yet to be adopted by Council; the need for the interim External Appeals Authority be supported and approved.

2.6.7.2 That the External Appeal Authority remain in effect for the duration of the completion of the Appeals lodged during this interim phase.

2.6.7.3 That the Municipal Manager be authorised to give effect to setting up the Tribunal.ADOPTED.

2.6.8 Proposed New eThekwini Municipality Outdoor Advertising By-Law, 2016 (1/1/3/1/R):(Page 69 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.8.1 That the eThekwini Municipality : Outdoor Advertising By-law, 2016, be published for public comment in the Ezasegagasini Metro, Isolezwe, The Mercury and on the City Hall Notice Board for a period not less than 30 days to allow the public an opportunity to make representations with regard to the By-law.


2.6.8.2 That should there be no substantive objections and representations received from the public, the above By-law be sent back to the Economic Development and Planning Committee, the Executive Committee and Council for final approval and publication in the Provincial Gazette, with the By-law taking effect on a date as prescribed therein. ADOPTED.

2.2.6.9 Business Case for Devolution of Rail Commuter Operational Subsidy Function for Metro Passenger Rail Services to eThekwini Metropolitan Municipality (Letter dated 2016-06-01 - circulated separately):(Page 151 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.2.6.9.1 That the principle of the devolution of the Commuter Subsidy Function management to the eThekwini Municipality, be supported.

2.6.9.2 That subject to .1 above, the Head: EThekwini Transport Authority (ETA) be authorised to pursue negotiations with the National sphere (Department of Transport and Treasury) and the Passenger Rail Agency of South Africa, with the view to concluding the subsidy function migration to the eThekwini Municipality, as well as completing internal arrangements to house and deploy the Subsidy Function branch.

2.6.9.3 That subject to .1 and .2 above the Head: ETA be authorised to initiate discussions with the Department of Transport to secure the R23 million (Twenty Three Million Rand) that is required to set up internal capacity over the next 3 (three) years specifically for the Subsidy Function branch.

2.6.9.4 That the Head: ETA be mandated to prepare a final report on the matter for final deliberation by Council when .2 and .3 above are concluded.ADOPTED.

2.6.10 Establishment of Intermodal Planning Committee for eThekwini Municipality (26/3/1/1):(Page 163 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.10.1 That the establishment of the eThekwini Intermodal Planning Committee (EIPC), as per national legislation, National Land Transport Act, 2009, Clause 15(2), be approved.

2.6.10.2 That the Head: EThekwini Transport Authority be authorised to finalise draft Terms of Reference and set up EIPC, alluded to in .1 above, and initiate the relevant deliberations in order to further the aims and objectives of the EIPC.

2.6.10.3 That the Head: EThekwini Transport Authority report back to Council on a regular basis on the functioning of EIPC.ADOPTED.


2.6.11 Introduction of Land Use Management Framework and Draft Scheme for Identified Functional Areas within the Shongweni Area (21/5/1):(Page 168 : Economic Development and Planning Committee - Agenda 2016-06-02)


That the Shongweni Precinct B and F Land Use Management Framework and Draft Scheme, outlined in the report by the City Manager, dated 2016-05-17, be approved.ADOPTED.

2.6.12 Ottawa Functional Area Plan and Draft Scheme (21/5/2/1):(Page 185 : Economic Development and Planning Committee - Agenda 2016-06-02)


That the consolidated Ottawa Functional Area Plan and Draft Scheme, outlined in the report by the City Manager dated 2016-05-20, be adopted.ADOPTED.

2.6.13 Authority to Expropriate Private Properties to Make Provision for Electricity to Support Widening of Newlands Express-Way (17/2/1/1/4):(Page 201 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.13.1 That the Head: Real Estate be given a mandate to acquire properties Erf 507 and 508 Ntuzuma A, following all legal processes to acquire said properties.

2.6.13.2 That in the case of failure to reach a sale through a willing buyer, willing seller agreement, a process of expropriation be undertaken.ADOPTED.

2.6.14 Festivals and Market Support Policy Document to Support eThekwini Filmakers 2016 (20/2/3):(Page 205 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.14.1 That the ‘Durban Film Office Festival and Market Support’ Policy Guidelines contained on the report by the Head: Economic Development and Investment Promotion Unit dated 2016-05-18, be approved;

2.6.14.2 That the implementation of the annual Durban Film Office Festival and Market Support Programme, be approved.

2.6.14.3 That the City Manager and the Head: Economic Development and Investment Promotion be authorised to negotiate, and conclude sponsorship agreements with successful applicants to the Durban Film Office Festival and Market Support Programme.ADOPTED.


2.6.15 Durban Green Corridors Leisure and Tourism Development Programme (20/1/4/1):(Page 216 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.15.1 That the City Manager be authorised to enter into a Memorandum of Agreement with the Green Corridors Non-Profit Company for the period July 2016 to June 2019.

2.6.15.2 That subject to the approval of .1 above, the Head: Economic Development and Investment Promotion be authorised to transfer R4 205 000.00.00 (Four Million Two Hundred and Five Thousand Rand), excluding VAT to the Green Corridors Non-Profit Company for the ongoing operation of Durban Green Corridor Programme in terms of Section 67 of the Municipal Finance Management Act and the Memorandum of Agreement between eThekwini Municipality and the Green Corridors Non-Profit Company.

2.6.15.3 That subject to .1 above, the Head: Economic Development and Investment Promotion be authorised to direct the Duzi uMngeni Conservation Trust (DUCT) to transfer assets purchased with eThekwini Municipality and other funds associated with the Durban Green Corridors Programme, in terms of the Memorandum of Agreement between the Municipality and DUCT, to the Green Corridors Non-Profit Organisation, in terms of the new Memorandum of Agreement referred to in .1 above.

Vote: 26102.25445.280.12120.85300.0000.0010 R2 205 000.00 provided in 2016/2017Vote: 26102.25445.280.12120.49210.0000.0010 R2 000 000.00 provided in 2016/2017

FC No.: 18/05ADOPTED.

2.6.16 Township Development: KwaNozaza Upgrade Project (21/5/1):(Page 224 : Economic Development and Planning Committee - Agenda 2016-06-02)

With the Democratic Alliance abstaining on this matter, as they were of the view that the funding for this project should not be provided from the budget of the Economic Development and Planning Unit,


2.6.16.1 That the decision taken by Council on 2013-10-30, as recorded in Section .6 of the Minutes of eThekwini Council relating to the KwaNozaza Development Node and as quoted on pages 3 and 4 of this report, be reaffirmed :-

“18.6.1 That the Municipality declares in terms of Section 14(2) of the Municipal Finance Management Act that:-

18.6.1.1 The Proposed Portion [A] of Erf 614 Ntuzuma G, as reflected on Hand Plan SJ 4571/4A, attached to the report of the City Manager dated 2013-08-20, relative hereto, is not required to provide the minimum level of basic Municipal services.


18.6.1.2 The upset price of the property is currently assessed at an approximate value of R1 360 000.00 (One Million Three Hundred and Sixty Thousand Rand Only).

18.6.1.3 Clearance has been received from the Human Settlements Department that the properties are not needed for housing purposes.

18.6.2 That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, the property described as proposed portion [A] of Erf 614, Ntuzuma G, be sold in Freehold by public tender at an approximate upset price of R1 360 000.00 (One Million Three Hundred and Sixty Thousand Rand Only), (excluding Value Added Tax), such price reflecting the current market value of the land as assessed by the Registered Valuer.

18.6.3 That Project authority be granted for KwaNozaza Precinct Development, In particular, the proposed commercial development on Portion A of Erf 614 Ntuzuma G.

18.6.4 That authority be granted for the relocation of the Municipal Depot from Portion A of Erf 614, to the proposed lower platform.

18.6.5 That subject to adoption of .1, .2, .3, .and 4 above, authority be granted to the Head: Real Estate to acquire by Private Treaty or Expropriation, a Portion of Erf 2803 of Ntuzuma G, as reflected on Hand Plan SJ 4672/5, in order to allow access to the new Depot site at a total cost of R35 000.00 (Thirty Five Thousand Rand).

18.6.6 That the Head : Economic Development and Investment Promotion undertake and finalise the necessary administration and management oversight to ensure that alienation of the proposed Portion A of Erf 614 Ntuzuma G commences timeously, with the purpose of promoting economic development and investment promotion, in previously disadvantaged areas”.

2.6.16.2 That Council, in the interest of initiating local economic development and private sector investment in the Ntuzuma Township specifically in KwaNozaza node approves the relocation of the Roads and Stormwater Maintenance Depot and grant project authority for a total cost of R29 820 000.00 (Twenty Nine Million Eight Hundred and Twenty Thousand Rand), which will be spent over 3 (three) financial years amounting to R2 330 000.00 (Two Million Three Hundred and Thirty Thousand Rand) in the 2015/16 financial year, R4 990 000.00 (Four Million Nine Hundred and Ninety Thousand Rand) in the 2016/2017 and R22 500 000.00 (Twenty Two Million Five Hundred Thousand Rand) in the 2017/2018 financial year.

2.6.16.3 That subject to the adoption of .1 and .2 above, authority be granted to the Head: Economic Development and Investment Promotion in consultation with the Head: Real Estate to execute the sale of proposed portion (A) of Erf 614 Ntuzuma G for ‘Commercial Purposes’


KwaNozaza Development Node:

R 2 330 000.00 To be met via final adjustment budget 2015/16 ex. S1012

R 4 990 000.00 Provided in 2016/17 MTREF

R22 500 000.00 Provided in 2017/18 MTREF

FC: 18/CA06ADOPTED.

2.6.17 Business Process Outsourcing Sector (BPO) Development Programmes: Support of the Special Purpose Vehicle (Durban Calling T/A BPeSA KZN) to Undertake Development Programmes to Grow BPO Sector in the Durban Region (20/1/5):(Page 230 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.17.1 That the Head: Economic Development and Investment Promotion and the Head: eThekwini Municipal Academy be duly authorised to proceed with participation in the Business Process Outsourcing (BPO) Development Programme for the development, growth and competitiveness of the BPO Sector.

2.6.17.2 That subject to approval of .1 above, the City Manager be authorised to conclude a Memorandum of Agreement (MOA) to give effect to the above.

2.6.17.3 That subject to the approval .1 and .2 above, the Head: Economic Development and Investment Promotion and the Head: eThekwini Municipal Academy be duly authorised in terms of section 67 of the MFMA and in accordance with the Memorandum of Agreement, to disburse funds to NPC, Durban Calling KZN, trading as BPeSA KZN, Registration Number: 2014/043785/08, for the operations and implementation of BPO Sector Development Programme amounting to R3 000 000.00 (Three Million Rand) excluding VAT, for the 2016/17 financial year; R2 000 000.00 (Two Million Rand), excluding VAT, for the 2017/2018 financial year and R1 000 000.00 (One Million Rand), excluding VAT, for the 2018/2019 financial year.

2.6.17.4 That the Head: Economic Development and Investment Promotion and the Head: eThekwini Municipal Academy be authorised to report progress on this initiative on an annual basis.

VOTE NUMBER AMOUNT YEAR

12012.09195

EMA

R2 000 000.00 (exc VAT)

R1 000 000.00 (exc VAT)

2016/17

12012.09195

EMA

R1 000 000.00 (exc VAT)

R1 000 000.00 (exc VAT)

2017/18

12012.09195 R1 000, 000.00 (exc VAT) 2018/19

FC No.: 18/18Recommendations REFERRED BACK to the Executive Committee for further consideration.


2.6.18 Establishment of Special Purpose Vehicle for Innovate Durban (20/1/7/3):(Page 237 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.18.1 That the set-up of the legal entity (Non-Profit Organisation) for Innovate Durban, be approved.

2.6.18.2 That the Head: Economic Development and Investment Promotion be authorised to proceed with the establishment of the legal entity, a Non-profit Organisation, for Innovate Durban.

2.6.18.3 That the Head: Economic Development and Investment Promotion be authorised to find partners to possibly co-fund and/or co-locate with Innovate Durban in a future programme office/support centre.

2.6.18.4 That, once the legal entity has been set up, that will detail the business plan and budget for an Innovate Durban Programme office/support, taking into account external support that has been secured, a report thereon will be submitted to Council for consideration.ADOPTED.

2.6.19 Request to Authorize Event Leveraging and Destination Promotion through Events Partnership and Sponsorship for Events from July 2016 till March 2017:(Page L1 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.19.1 That the partnership funding for the hosting of events in Durban from July 2016 to March 2017 as contained in the report by the Head: Business Support, Tourism and Markets Unit dated 2016-06-01, be noted.

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

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

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

BU No.: 34552 (Various accounts numbers due to MSCOA); Provided in 2016/17 MTREF;

FC. 13/02ADOPTED.


2.6.20 Request for Approval of the eThekwini Municipality to form a Partnership with Lamontville Golden Arrows:(Page L2 : Economic Development and Planning Committee - Agenda 2016-06-02)


2.6.20.1 That the City Manager be authoried to negotiate, and conclude the agreement between Lamontville Golden Arrows and the eThekwini Municipality.

2.6.20.2 That the Head : Business Support, Tourism and Markets be authorized to implement the promotional and marketing benefits of this agreement as per .1 above.

2.6.20.3 That the Head : Business Support, Tourism and Markets keep Council updated on progress on the implementation and the benefits of the agreement.


2015/16 R3,0 Million Payable before 30th June 20162016/17 R4,0 Million Payable before 30th June 20162017/18 R4,0 Million Provided they are still in the PSL

Vote No.: 26723.07825 FC No.: 13/32ADOPTED.

2.7. REPORT OF THE COMMUNITY AND EMERGENCY SERVICES COMMITTEE: MEETING HELD ON 2016-06-02

(Page R26)

2.7.1 Major Hazard Installation: Ferro Coating Resins, 4 Baltex Road, Isipingo Rail, Durban, KwaZulu-Natal (29/1/2/5):(Page 19 : Community and Emergency Services Committee - Agenda 2016-06-02)

The Committee was advised that a Risk Assessment on behalf of Ferro Coating Resins had been submitted to the eThekwini Municipality in accordance with the provisions of the Major Hazard Installation Regulations.

As the Committee concurred with the recommendations of the Municipality's Technical Team,


That the recommendation of the Major Hazard Installation (MHI) Technical Task Team, that there is no valid reason to advise against the proposed operation of Ferro Coating Resins at 4 Baltex Road, Isipingo Rail, KwaZulu-Natal, as it is in accordance with the Major Hazard Regulations and the intention to increase the peroxides inventory from 4tons to 15tons, and this will result in an increase of the MHI effect zone of 69m, increasing the offsite effects from 125m to 194m from the site of boundary, be approved.ADOPTED.


2.7.2 Major Hazard Installation: Transnet Pipeline Terminal 1, of Corner Taiwan Avenue and Trinidad Road, Island View, Durban, KwaZulu-Natal (29/1/2/5):(Page 21 : Community and Emergency Services Committee - Agenda 2016-06-02)

The Committee was advised that a Risk Assessment on behalf of Transnet Pipeline Terminal 1 had been submitted to eThekwini Municipality in accordance with the provisions of the Major Hazard Installation Regulations.

As the Committee concurred with the recommendations of the Municipality's Technical Team,


That the recommendation of the Major Hazard Installation (MHI) Technical Task Team, that there is no valid reason to advise against the proposed operation of Transnet Pipeline Terminal 1 at Corner of Taiwan Avenue and Trinidad Road, Island View, Durban, KwaZulu-Natal, as it is in accordance with the Major Hazard Regulations and the intention to construct a fuel (petrol and diesel) terminal at Island View Port facility at Durban Harbour, be approved, it being recorded that the site will have 12 fixed roof tanks with internal floating roof with a capacity ranging from 146 m³ to 22,699m³ and the incoming Pipeline will have a design capacity of 1500m3/h with a maximum arrival pressure of 700 kPag and the product will be delivered to the customers through National Multiproduct Pipeline. ADOPTED.

2.7.3 SALGA Games: Ugu District, 08 to12 December 2016 (13/7):(Page 23 : Community and Emergency Services Committee - Agenda 2016-06-02)

The Committee considered a report dated 2016-05-19 by the City Manager in the above regard, the purpose of which was to update the Committee about the development of the 2016 SALGA Games and to:-

i) Seek permission for a team of approximately four hundred (400) athletes, sixty (60) technical officials for sixteen (16) different codes, managers, coaches, and forty (40) politicians to be allocated in all codes for monitoring and support as well as to attend the games;

ii) Advise the Travel Agent and the Municipal Travel Office, to source, secure and pay for accommodation in the Ugu District;

iii) Seek permission to source, secure and make pre-payments for services such as catering, water and refreshments for Team eThekwini;

iv) Seek permission to order appropriate playing and training kit and equipment for Team eThekwini including bags, caps, shirts, shorts, skirts and tracksuits; and

v) Seek permission to secure appropriate transport through the eThekwini Fleet Management Department.

The Democratic Alliance requested a breakdown of costs in respect, inter alia, cost per person for accommodation, cost per person for meals, whether the Municipality would be paying for alcohol etc, and requested that such breakdown be submitted to


the Executive Committee. It was advised that it would not be possible to submit such breakdown as this report was being submitted early in order to obtain approval to enable quotations and actual costs to be obtained. At this stage the report reflected the estimated costs.

On that basis and with Councillors SV Asbury, I Cassimjee, SR Naidoo, NC Nofeketa, BD Prinsloo, EL Singh and JC Van Der Berg of the Democratic Alliance abstaining on the basis of a breakdown of costs not being provided,

At the Executive Committee level the Democratic Alliance dissented since it was of the view that the inclusion of a number of 40 (forty) politicians to form part of the games will increase costs. With the other parties being in support of the recommendation including the inclusion of 40 politicianss,


That in recognition of a holistic, sustainable and integrated sport development program which seeks to nurture talent, authority be granted for the eThekwini Municipality to participate in 2016 SALGA Games being hosted by the Ugu District Municipality from 2016-12-08 to 2016-12-12.

Vote: 34552.81110(MSCOA) R4 200 000.00FC No. 31/068ADOPTED, by the majority vote.

2.7.4 Cessation of Parks, Leisure and Cemetery's Hall Service at Folweni: Umduduzi Hall (17/2/2/6):(Page 27 : Community and Emergency Services Committee - Agenda 2016-06-02)

The Community and Emergency Services Committee considered a report by the City Manager dated 2016-04-21 in the above regard, the purpose of which was to advise that presently, Parks, Leisure & Cemeteries Department was not in a position to provide Hall facility in the Folweni Area (Ward 95). This was due to the unrest thereat resulting in severe damages to the hall.

Therefore,


2.7.4.1 That it be noted that the Umduduzi Community Hall is closed until further notice and certainly until the unrest at Folweni is stabilised;

2.7.4.2 That it be noted that a substantial loss has been suffered by the Council to the damaged Hall which will be quantified once the Architectural Technical Team has been completed for the insurance and a case opened with the South African Police Services.

2.7.4.3 That it be noted that there will be no Community Hall in Ward 95 for the next foreseeable future.

2.7.4.4 That it be noted that the Parks, Leisure & Cemeteries Staff will be relocated to the Amanzimtoti alternate Facilities Assistants until the Hall is repaired. NOTED.


2.7.5 Request for Approval to Dispose of all Obselete, Damaged, Defective and Expired Stock from the Health Unit as Indicated in the Audit Report (8/1/3):(Page 142 : Community and Emergency Services Committee - Agenda 2016-06-02)

In a report dated 2016-05-16 by the City Manager in the above regard, the Committee was advised of the need to seek approval to dispose of assets in the Health Unit which were obsolete, damaged, defective and no longer usable.

Being in concurrence,


That as there is a need to dispose of assets in the Health Unit, as contained in the report of the City Manager dated 2016-05-16, relative hereto, which are obsolete, damaged, defective and no longer usable, the Council is requested to invoke the application of Section 90 (2) (a) and (b); (3) and (4) of the Municipal Finance Management Act (MFMA), relating to the disposal of Municipal assets, it being recorded that such disposal will be undertaken by Supply Chain Management and will be guided by the relevant disposal policies.

ITEM CODE ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST

5211987 Syringe Safety Reactable (25g x 1ml) 14000 1.95 R27 300.00

5211832 Attests 40 39.00 R1 560.00

5211619 Syringe 20ml 4050 71 Cents R2 875.00

5211687 Mask Oxygen with Tubing Adult 28% 220 8.70 R1 914.00

5210412 Needle Dental 27g 100/Box = 1 29 54.46 R1 579.34

5215609 Syringe 50ml Luer Slip 3 Part 74 3.30 R244.20

Disposal Assets:

ITEM NO. BARCODE UNIT ID DESCRIPTION DATEACQUIRED

NET BOOK VALUE

CONDITION

NOT ON JDE 02675343 NOT ON JDE DESK NIL NIL DISPOSAL



ADOPTED.

2.7.6 Request for Authority to Support Impucuzeko Training & Skills Development NPO to Host "Annual Maskandi Festival" (13/2/1/2/1 & 7/14/1):(Page L1 and attached as Annexure A : Community and Emergency Services Committee - Agenda 2016-06-02)

The Committee noted that the purpose of the above-mentioned report by the City Manager dated 2016-05-24, was to seek authority to support a partnership with Impucuzeko Training and Skills Development NPO to host the Annual Impucuzeko Festival to be held at People's Park (Moses Mabhida Stadium) on 09 July 2016.


It being noted that the City will also assist to secure venue for this festival, it was agreed that the overall costs should be R500 000.00 (Five Hundred Thousand Rand) including venue hire.


2.7.6.1 That the Annual Maskandi Festival to be hosted in partnership with Impucuzeko Training and Skills Development on 09 July 2016 at the People's Park, Moses Mabhida Stadium, be supported.

2.7.6.2 That subject to the approval of the .1 above, the Parks, Recreation and Culture Department comply with Supply Chain Management Policies in the procurement of services as mentioned in the report of the City Manager dated 2016-05-24, within a budget of R500 000.00 (Five Hundred Thousand Rand).

Vote: 14001.383000 ; R500 000.00 ; FC No.: 32/072ADOPTED.

2.7.7 Request for Authority to Support the "In My Own Words" - The AIDS Musical Production (13/3/1 & 7/14/1):(Page L15 and attached as Annexure B : Community and Emergency Services Committee - Agenda 2016-06-02)

The Committee noted that the purpose of the above-mentioned report by the City Manager dated 2016-05-24 was to seek approval from the Committee to authorise a partnership between Parks, Recreation and Culture Department and Musa Njoko and her musical production team in hosting the Musical Production "In My Own Voice" during the 21st International AIDS 2016 Conference. The show will run for two (2) weeks, opening on the 15th and ending on 31st July 2016. The week following the conference (ending 22 July 2016) there will be shows during the day to cater for schools, women's groups and NGO's.

As the Committee concurred with the recommendations,


2.7.7.1 That the support for the; "IN MY OWN WORDS' AIDS MUSICAL PRODUCTION in partnership with Musa Njoko and Production team be approved.

2.7.7.2 That subject to the approval of .1 above, the Parks, Recreation and Culture Department shall comply with Supply Chain Management Policies in the procurement of services as mentioned in the report of the City Manager dated 2016-05-24 within a budget of R221 00.00 (Two Hundred and Twenty One Thousand Rand)

Vote : 14001.32100-3 R221 000.00 (Vat Incl.)FC No. 32/074ADOPTED.


2.7.8 AIDS Health Care Foundation (30/1/10/6):(Page L32 and attached as Annexure C : Community and Emergency Services Committee - Agenda 2016-06-02)


That an invitation received from the Aids Health Care Foundation through a letter dated 2016-05-31, inviting the Chairperson and the Members of the Community and Emergency Services Committee to participate in the march in the Durban City Centre on 16 July 2016 with a message calling for sustained funding of the global AIDS response, which march will culminate in a concert at the Kingsmead Stadium, be noted. NOTED.

2.8. REQUEST FOR AUTHORITY TO HOST THE FIRST MEETING OF THE AFRICAN FORUM ON URBAN SAFETY FIRST CONFERENCE: 29 JUNE TO 01 JULY 2016 (28/1/1/1)

(Page 80)


2.8.1 That authority be granted for eThekwini Municipality, in partnership with UN Habitat, to host the African Forum on Urban Safety (AFUS) First Conference at an amount of R1 500 000.00 (One Million Five Hundred Thousand Rand), from29 June to 01 July 2016 at Inkosi Albert Luthuli International Convention Centre.

2.8.2 That authority be granted for the City Manager to receive grant funding committed by the UN Habitat in the amount of $150,000 (R1 800 000.00 - One Million Eight Hundred Thousand Rand) for the eThekwini Municipality to achieve the following in the 2016/2017 financial year:

i) Enhanced capacities of the City Administrations to collect, analyse crime data to formulate and adopt urban crime prevention and safety policies and programmes, using a participatory approach.

ii) Improve capacity of Durban to monitor urban crime prevention and safety policies and programme and measure progress towards achieving security, safety-related development targets at local level.

iii) The existence of City Safety Strategy that relate to the collection, analysis and monitoring of crime data.

iv) The political will at the local government level to integrate and systematize crime prevention in collaboration with international community.

v) Prior experience of UN Habitat support on urban crime prevention and safety in the countries concerned.



Item Description Amount

1. Conference Venue R250 000.00

2. Flights and Accommodation R780 000.00 (estimate 40 +- R19 500.00) International Delegates

3. Branding Material R100 000.00

4. Transport and Shuttle Services R50 000.00

5. Communication and Marketing R60 000.00

6. Audio Equipment and Video R100 000.00

7. Contingency R160 000.00

Vote No.: 24511.06911ADOPTED.

2.9. NOTING OF RULE OF ORDER 28: REQUEST FOR FINANCIAL AND RELATED SUPPORT TOWARDS FUNERAL LOGISTICS AND ARRANGEMENTS OF STRUGGLE STALWART, MS LULU DUBE : WARD 57

(Page 87)


That the request for financial and related support towards the funeral logistics and arrangements of struggle stalwart Ms Lulu Dube, third born and last surviving child of Dr John Langalibalele Dube, who has also been a cultural ambassador with her home being an iconic heritage site, approved by His Worship the Mayor, Councillor JS Nxumalo, in terms of Rule of Order 28 for the eThekwini Municipality to contribute an amount not exceeding R200 000.00 (Two Hundred Thousand Rand) towards the funeral costs, be noted.

Vote No.: 14001.04540.00008 ; R200 000.00NOTED.

2.10. PROPOSED EXPANDED PUBLIC WORKS PROGRAMME BENEFICIARY WAGE INCREMENT (4/3/5/3)(Page 88)


2.10.1 That, as governed by the Ministerial Determination, a daily wage rate of beneficiaries under the Expanded Public Works Programme (EPWP), the National Government initiative that seeks to alleviate poverty and address unemployment, be increased from R112.00 (One Hundred and Twelve Rand) per day to R130.00 (One Hundred and Thirty Rand) per day.

2.10.2 That all EPWP beneficiaries earnings above R4 000.00 (Four Thousand Rand) per month be awarded an increment of seven percent (7%) on their current earnings in line with the Municipal employees' increase.

2.10.3 That for future years an annual increment be implemented in line with Municipal annual increase taking into account prevailing inflation rates. This would allow


eThekwini Municipality annual incremental compliance as per the Ministerial Determination governing EPWP beneficiaries.

2.10.4 That Supervisors daily wage rate be regulated with a minimum rate that applies to all supervisors for all EPWP projects.

2.10.5 That the minimum wage rate for supervisors be set at R217.40 (Two Hundred and Seventeen Rand Forty Cents) per day.ADOPTED.

2.11. INTEGRATED DEVELOPMENT PLAN 2016/17: AMENDMENTS TO FINAL REPORT (2/1/6/1)

(Page 123)

The 2016/17 Integrated Development Plan (IDP) was approved by Council on 31 May 2016. Amendments to the final IDP document have since been effected as informed by the budget engagements. The amendments have been catered for in terms of the 2016/17 budget. Council is therefore requested to approve the amendments for incorporation into the final IDP document.


2.11.1 That Council approves amendments effected into the 2016/2017 Integrated Development Plan (IDP) as informed by the budget engagements and the audit processes thus a revision of certain targets for Plans 1; 3; 4; and 8, details of which are contained in the report by the City Manager dated 2016-05-27, it being recorded that budget allocation to accommodate amendments has been made accordingly in the 2016/17 Medium Term Revenue Expenditure Framework.

2.11.2 That the revised IDP document incorporating the amendments referred to above be circulated to Councillors for information and record purposes.ADOPTED.

2.12. BACK TO BASICS REPORT FOR THE MONTH ENDED 30 APRIL 2016 (2/3/2/1/2)

(Page 133)

The widespread protests action in a number of Wards and the resultant damages to property is considered concerning by the City. Concerted efforts will be implemented to strengthen law enforcement for perpetrators to be brought to book. The leadership of the City and the Province is monitoring the situation to determine mechanisms to be implemented to combat the protests action.


That the Back-to-Basics report outlining progress by the eThekwini Municipality in achieving its performance indicators during the month ended 30 April 2016, compiled as per the requirement in terms of Circular No. 47 of 2014 from the Department of Co-operative Governance and Traditional Affairs, with a view to analysing the state of local governance and make informed assessment to support and intervene where required, be noted.


NOTED.

2.13. REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF MARCH 2016 (9/1/3)

(Page 152)

The report was interrogated where the rationale behind engaging certain service providers was questioned. Clarity was provided that the report was submitted for information purposes to report the procurement process which has been undertaken in line with the project authority already granted by Council.

Individuals alleging wrongdoing in certain tenders were requested to make a formal submission to commission a proper investigation where necessary. On the issue of cost containment guidelines, clarity was provided that the City is in compliance therewith but that implementation of certain activities was crucial to achieve the City's strategic objectives, hence, it was necessary for these to proceed as planned.


2.13.1 That the monthly report of the City Manager dated 2016-03-17, relative to awards made by the City for the month of March 2016, as presented, be noted.

2.13.2 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.

2.13.3 That the City Manager reserves the right to investigate the awards with a view to taking disciplinary, criminal and recovery actions where willful and negligent violation of SCM Policies and MFMA provisions are observed.

2.13.4 That the City Manager shall table a report to the Committee relative to the disciplinary, criminal and recovery actions taken, it being noted that the City Manager can only respond when the reports are available.Recommendations 2.13.1 and 2.13.2 NOTED and Recommendations 2.13.3 and 2.13.4 ADOPTED.

2.14. REQUEST FOR AUTHORITY TO UTILISE SECTION 116(3)(a) AND (b) OF THE MUNICIPAL FINANCE MANAGEMENT ACT FOR THE SUPPLY, DELIVERY, INSTALLATION AND MAINTENANCE OF CCTV CAMERA SYSTEMS AND ALL AUXILLARIES WITHIN THE ETHEKWINI MUNICIPALITY FOR A PERIOD OF THIRTY SIX MONTHS (28/1/2/2/ & 9/1/3)

(Page 209)

Safety and security within the City of eThekwini is considered a key priority. Therefore, the utilisation of the existing service provider to install CCTV camera in areas identified from time to time is supported.



2.14.1 That, in terms of Section 116(3) (a) and (b) of the Municipal Finance Management Act, authority be granted for the Disaster Management and Emergency Control to amend the contract authority amount from R50 250 935.77 (Fifty Million Two Hundred and Fifty Thousand Nine Hundred and Thirty Five Rand Seventy Seven Cents) to R92 244 583.77 (Ninety Two Million Two Hundred and Forty Four Thousand Five Hundred and Eighty Three Rand Seventy Seven Cents), for Contract 1C 7060: for the supply, delivery, installation and maintenance of CCTV camera systems and all auxiliaries within the eThekwini Municipality for a period of 36 (thirty six months), be approved for the following reasons:

2.14.1.1 The Disaster Management & Emergency Control Unit is the custodian of CCTV within the Municipality and achieving uniformity in installations will enable the Municipality to work towards achieving extremely effective network to curb theft; vandalism and any other key safety and security issues requiring attention.

2.14.1.2 Integration of CCTV will enable the Municipality to ensure evidence is maintained and meets all legislative and regulatory requirements relating to the management of CCTV recordings and public records for the Municipality to have due diligence with regard to CCTV.

2.14.2 That subject to the adoption of .1 above and in line with the requirements in terms of Section 116 (3) of the Municipal Finance Management Act, public notice be advertised in the relevant print media requesting comments and/or objections to the proposed amendments to Contract 1C-7060 : supply, delivery, installation and maintenance of CCTV Camera Systems and all auxiliaries within the eThekwini Municipality.

Department Vote Number Value

EThekwini Transport Authority (Capital)

P8528.74180 R23 978 898.00 (Incl. VAT)

EThekwini Transport Authority (Operating)

50120/11060/81090/ 0000/ 14816-16/ R539 750.00 (Incl. VAT)

Electricity 80256 R5 500 000.00

Water (Capital) 64.72349.60110 (FC: 64/C38) R2 000 000.00

Sanitation (Capital) 65.72349.64000 (FC: 65/C30) R2 000 000.00

Water - Maintenance 60420.39020 (FC: 64/65) R 400 000.00

Sanitation - Maintenance 64130.39020.FPME (FC: 65/41) R 400 000.00

Disaster Management 1.71052.21810 R1 200 000.00

City Hall G1008.74185.9001 R 576 000.00

IMS P10052 R 300 000.00

Economic Development and Investment Promotion

S1048.1.71939.12010

S1048.1.71939.12010

R 900 000.00

R1 760 000.00

Electricity 80264 R1 200 000.00

City Fleet 1.71052.77110 R1 239 000.00

ADOPTED.

2.15. REQUEST TO UTILISE SECTION 33 OF THE MUNICIPAL FINANCE MANAGEMENT ACT FOR THE DESIGN, SUPPLY, INSTALLATION, MANAGEMENT AND MAINTENANCE OF THE PUBLIC TRANSPORT


SHELTERS AND CITY INFORMATION PANELS INCORPORATING ADVERTISING SITUATED ON COUNCIL PROPERTY: CONTRACT NO 7T - 13415 (21/13/1/2/2)

(Page 215)

Engaging a service provider for a 15-year period to provide residents and visitors with public bus shelters and significantly increase appearance and quality of outdoor advertising in public areas is important to boost the image of the City. A 3-year contract has proved not to attract service providers on the basis that the high investment costs related to the creation of the maintenance infrastructure as well as functioning costs was impossible to recoup over the 3-year period. The experience from other Metro Municipalities shows that the service provider requires a minimum of 15 years to recoup the initial investment, hence, they have engaged service providers for the duration of 20 years for a similar contract.

In view of the foregoing, the City supports the 15-year contract and this is considered to be beneficial to the City taking into account that the service provider is to supply and maintain public transport shelters at no cost to the Municipality. Furthermore the Municipality will receive monthly income on revenue generated from advertising on transport shelters. It is worth noting that upon the completion of the contract period the public transport shelters will become the asset of the Municipality.


2.15.1 That, in terms of Section 33 of the Municipal Finance Management Act, Council approves the appointment of the service provider for the period of 15 years to manufacture, supply, install and maintain the public transport shelters for the following reasons::-

2.15.1.1 This contract does not carry financial cost to Council, instead, the Municipality will receive new Public Transport Shelters without incurrence of any additional charge.

2.15.1.2 The service provider will pay monthly fee of 20% from revenue generated through advertising.

2.15.1.3 The local labour will be utilized to install and maintain the public bus shelters.

2.15.2 That Council authorises the City Manager to sign the contracts on behalf of the Municipality.

2.15.3 That Council notes:-

2.15.3.1 The Development Planning, Environment and Management Unit intends to request the Bid Adjudication Committee to recommend this contract to be awarded.

2.15.3.2 The Development Planning, Environment and Management Unit has fully complied with the Section 33 process.ADOPTED.

2.16. ESTABLISHMENT AND OPERATION OF ETHEKWINI AGRI-PARK BUSINESS INCUBATOR (20/1/6/1)


(Page 286)


2.16.1 That Council approves the Radical Agriculture Socio-Economic Transformation (RASET) Programme aimed at igniting growth and create jobs within the eThekwini Municipal area.

2.16.2 That subject to the adoption of .1 above project authority be granted for the establishment of the eThekwini Agri-Park Business Incubator at the Clairwood Fresh Produce Market.

2.16.3 That subsequent to the adoption of .1 and .2 above the City Manager be authorized to sign an intergovernmental Memorandum of Agreement for the establishment and operation of the eThekwini Agri-Park Business Incubator.

2.16.4 That the City Manager be delegated authority to appoint an implementing agent to establishment agent to establish and operate the incubator.ADOPTED.

2.17. REQUEST FOR ETHEKWINI MUNICIPALITY TO ENTER INTO PARTNERSHIP WITH KWAZULU-NATAL DEPARTMENT OF TRANSPORT TO UPGRADE MR 385 ROAD (25/4/2)

(Page 293)


2.17.1 That an in-principle approval for cost sharing for the MR 385 be supported, pending finalization of cost sharing model and associated cost estimates and allocations.

2.17.2 That subject to .1 above, the City Manager be authorized to sign a Memorandum of Agreement between the City and the Department of Transport enabling a cost sharing partnership.

2.17.3 That the City Manager be allowed to provide progress report to the Executive Committee on a regular basis.ADOPTED.

2.18. PROPOSED NEW ETHEKWINI MUNICIPALITY REPEAL BY-LAW, 2016 (1/1/3/1/R)

(Page 296)


That the eThekwini Municipality Repeal By-law 2016 be approved for publication in the Ezasegagasini Metro and the Provincial Gazette, with the By-law to take effect on the date of publication in the Provincial Gazette.ADOPTED.


2.19. APPROVAL OF TRAVEL AND SUBSISTENCE ALLOWANCE POLICY (4/5/1/8/P)

(Page 313)


That the Travel and Subsistence Allowance Policy for the eThekwini Municipality dated June 2016, be approved, it being noted that the cost containment guidelines issued by National Treasury in terms of Circular No. 82 have also been considered and included in the policy.ADOPTED.

2.20. TRANSFER OF DISCRETIONARY GRANT FUNDING FROM THE DEPARTMENT OF PUBLIC SERVICE AND ADMINISTRATION TO ETHEKWINI MUNICIPALITY FOR THE IMPLMENTATION OF THE CONSTRUCTION OF AN AQUAPONICS PLANT

(Page 362)


2.20.1 That authority be granted for the eThekwini Municipality to accept grant funding in the amount of R1 947 421.55 (One Million, Nine Hundred and Forty Seven Thousand Four Hundred and Twenty One Rand Fifty Five Cents) from the Department of Public Service and Administration (DPSA) to implement an Aquaponics project at Northdene Agro-Ecology Research and Development site.

2.20.2 That the City Manager be authorised to sign the Grant Agreement with DPSA to enable receipt of the grant funding referred to above.

2.20.3 That subject to the adoption of .1 above, the Head: Economic Development and Investment Promotion enter into a Service Level Agreement with the implementing agent, DERA Group (Pty) Ltd, in order to process their payments.

2.20.4 That the Head: Business Support, Tourism and Markets monitor the project and provide regular update to the Executive Committee.ADOPTED.

3. TERMINATION OF WARD COMMITTEES

RESOLVED:

That the term of Office of all Ward Committees be terminated on 2016-07-31 to correspond with the end of term of the Municipal Council as contained in Sections 75 and 24 (Term of Municipal Councils) of the Local Government Municipal Structures Act.


4. COUNCIL RECESS : DELEGATION OF POWERS DURING RECESS AND EMERGENCIES

RESOLVED:

That whilst the Council is in recess until the Local Government Elections scheduled for 2016-08-03 and in respect of the need for continuity in administration operations during this period, Section 28 of the Rules of Order, relative to Delegation of Powers During Recess and Emergencies will be applied.

5. ITEMS DEFERRED

In view of the Council meeting being adjourned to Tuesday, 2016-06-28, consideration of the following items which were contained in the agenda and Laid on Table were DEFERRED to that date:

5.1 Notice of Motion in terms of Section 18 of the Rules of Order submitted by Councillor DL Du Bois.

5.2 Third Report of the Executive Committee : Meeting held on 2016-06-20.

5.3 Fourth Report of the Executive Committee : Meeting held on 2016-06-22.

5.4 First Report of the Ethics Committee.

5.5 Second Report of the Ethics Committee.

5.6 Report of Municipal Public Accounts Committee.

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

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

CouncillorsCouncillor JM Dlamini : 2016-06-21 to 25 (Personal Commitments)Councillor HE Dube : 2016-06-22 to 24 (Personal Commitments)Councillor DC Gaillard : 2016-06-21 to 22 (Indisposed)Councillor NG Khawula : 2016-06-22 to 24 (Personal Commitments)Councillor VT Kunju : 2016-05-30 to 06-24 (Indisposed)Councillor NT Mabaso : 2016-06-22 to 25 (Personal Commitments)Councillor Z Madlala : 2016-06-21 to 07-10 (Indisposed)Councillor AR Mitchell : 2016-05-24 to 08-03 (Indisposed)Councillor BA Mkhize : 2016-06-22 (Indisposed)Councillor TJ Ncane : 2016-02-22 to 24 (Personal Commitments)Councillor N Ndlela : 2016-06-22 (Personal Commitments)Councillor P Padayachee : 2016-06-22 (Personal Commitments)Councillor D Pillay : 2016-06 22 (Personal Commitments)Councillor PN Shembe : 2016-06-21 to 23 (Indisposed)Councillor WM Thring : 2016-06-22 (Personal Commitments)Councillor NY Young : 2016-06-21 to 22 (Personal Commitments)


Councillor TM Zuma : 2016-06-21 (Personal Commitments)Councillor P Zungu : 2016-06-21 to 23 (Indisposed)

AmakhosiInkosi BF Bhengu : 2016-06-22 (Personal Commitments)Inkosi S Mlaba : 2016-06-22 (Personal Commitments)

City Administration: Secretariat23 June 2016

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