OF eThekwini Council Minutes and... · presentation on Operation Sukuma Sakhe at this meeting of the Council. The Speaker announced that today was the birthday of the late African

- 146 -

No. 04 MINUTES

OF

eThekwini Council

Minutes of proceedings of the Meeting of the eThekwini Council held

at the City Hall Main Auditorium, Church Walk, Durban

on Thursday, 2016-10-27T10:00

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

(Deputy Mayor), MF Adam, MA Ally, J Annipen, SV Asbury, A Beetge,

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

WJD Burne, SS Butelezi, VP Caluza, I Cassimjee, H Cele, NT Cele, J Chetty,

BA Chili, TJT Cibane, TP Collins, RJ Crouch, M David, HU De Boer,

GT De Lange, MAK Dladla, CB Dlamini, JA Dlamini, SB Dlamini,

SR Dlamini, BA Fortein, VE Gebashe, G Govender, S Govender, NL Graham,

PJC Graham, BR Gumede, NP Gumede, ZD Gushu, MH Haniff, GJ Hegter,

NP Hlomuka, RC Hlophe, S Hoosen, NB Iyir, M Johnson, SA Kaunda,

DM Khanyile, KNN Khubone, JS Khuboni, PZ Khumalo, HL Khubisa,

NL Khuzwayo, S Khuzwayo, ZW Khuzwayo, SNC Khwela, CJ Laing,

CB Langa, TJ Luthuli, TN Mabanga, MT Mabaso, NI Madlala, A Maharajh,

B Majola, TG Makhanya, ZP Makhanya, NZ Maluleka, MW Manqele,

SD Maphumulo, PM Mbambo, V Mbanjwa, AM Mbele, RD Macpherson,

SM Mdlalose, FW Mdletshe, LM Meyer, P Mfeka, TP Mfusi, K Mhlaba,

GN Mhlongo, SE Mhlongo, MB Mjadu, AZ Mkhize, BA Mkhize,

HGB Mkhize, MM Mkhize, S Mkhize, SM Mkhwanazi, ZM Mncwango,

E Mngadi, SB Mngadi, SV Mngadi, LC Mnguni, NE Mnguni,

BV Mngwengwe, LN Mngwengwe, SR Moodley, S Moonsamy, B Mpanza,

SB Mpanza, SNL Mshengu, B Msomi, LG Mthembu, M Mthembu,

MM Mthembu, NE Mthembu, ON Mthembu, TM Mthethwa, TT Mthiyane,

N Munien, AB Mvubu, RM Mzobe, BD Naidoo, J Naidoo, M Nair, X Nala,

PL Ncayiyana, BP Ndlela, AB Ndlovu, PB Ndlovu, MK Ndzimbomvu,

ZS Ndzoyiya, AS Ngcobo, S Ngema, MM Ngiba, TT Ngubane, SJM Nhlapho,

MS Nkosi, M Nojiyeza, DR Nowbuth, GM Noyce, PC Ntshangase,

SC Ntshangase, BT Ntuli, PB Ntuli, PH Nxumalo, NP Nxumalo, W Nyaba,

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

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

GDA Pullan, BR Qhantsi, MD Qwabe, A Ramkissoon, A Rampersad, S Ryley,

S Sewshankar, AN Shabalala, B Shabane, MG Shange, SG Shange-Dlamini,

MT Shelembe, ES Shezi, MC Shezi, VH Shezi, BP Shozi, DM Shozi, M Sibisi,

N Sibiya, B Singh, Sagar Singh, Samier Singh, PS Sishange, NI Sithole,

AD Snyman, ZR Sokhabase, M Tembe, S Thango, WM Thring, JC Van den

Berg, SM Windvogel, MC Xulu, TV Xulu, NY Young, BM Zulu, GB Zulu,

MBR Zuma and TM Zuma.

ABSENT : Councillors S Bhanprakash (On leave – Indisposed), R Cloete (On leave),

AN Dlamini (On leave), MP Dlomo (On leave – Municipal business),

HD Goge (On leave - Indisposed), R Gokool (On leave), Y Govender

(On leave), NC Gumede (On leave – Municipal business), TR Gumede

(On leave – Municipal business), MS Gwala (On leave – Indisposed),

- 147 - (eThekwini Municipality

Council Minutes - 2016-10-27)

NB Hoosman (On leave – Indisposed), JA Johnson (On leave – Indisposed),

ES Khanyile, P Luthuli (On leave), MP Mkhize (On leave), SM Mkhize

(On leave), PS Mncube (On leave – Municipal business), MGF Mthembu

(On leave), B Ntshangase (On leave - Municipal business), BS Ngiba,

HP Shozi (On leave), PN Sikhosana (On leave – Municipal business),

EL Singh, JB Thabethe (On leave – Municipal business), C Xesibe (On leave),

TG Zungu (On leave – Municipal business) and MH Zwane

(On leave - Municipal business)

AMAKHOSI

ABSENT : Inkosi BF Bhengu, Inkosi VR Cele, Inkosi TF Gwala (Attending Amakhosi

Forum), Inkosi NM Hlengwa (Attending Amakhosi Forum), Inkosi PP Luthuli

(Attending Amakhosi Forum), Inkosi KS Makhanya, Inkosi NC Maphumulo

(Attending Amakhosi Forum), Inkosi DZ Mkhize (Attending Amakhosi

Forum), Inkosi LD Mkhize (Attending Amakhosi Forum), Inkosi KT Mkhize

(Attending Amakhosi Forum), Inkosi TBE Mkhize, Inkosi S Mlaba (Attending

Amakhosi Forum), Inkosi RF Mthembu (Attending Amakhosi Forum),

Inkosi MB Ngcobo , Inkosi J P Shangase (Attending Amakhosi Forum) and

Inkosi EB Shozi (Attending Amakhosi Forum).

OFFICIALS

PRESENT : Messrs/Mesdames S Sithole (City Manager), M Mhlongo (Deputy Head:

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

Support, Legal Services and Compliance), BM Mhlongo (Deputy Head: Office

of the Speaker), KR Ramsunder (Chief Committee Officer) and P De Bruin-

Shange (Principal Committee Officer).

(At the commencement of the meeting 190 Councillors were present, comprising ANC – 108,

DA - 56, IFP – 7, EFF - 7, INDEPENDENT - 4, AIC - 2, ACDP – 1, MF - 1, DLC - 1, TA - 1,

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

_________________

1. NOTICE CONVENING THE MEETING

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

requirement.

2. OPENING

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

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

Honourable Councillors, City Manager; Deputy City Managers present,

representatives from Legal Services and Compliance, Media; Distinguished Guests

and Members of the Administration.

He then advised that Dr Fikile Ndlovu from the Office of the Premier would make a

presentation on Operation Sukuma Sakhe at this meeting of the Council.

The Speaker announced that today was the birthday of the late African National

Congress (ANC) stalwart, Oliver Tambo. The late Oliver Tambo had made a

tremendous contribution to the ANC and had passed on a few days after the 1994

democratic elections. He urged Councillors to read his writings.



3. AFRICAN UNION AND NATIONAL ANTHEM

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

African Union and the National Anthem of South Africa.

4. OPPORTUNITY FOR PRAYER/MEDITATION

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

those who had passed on.

5. PRESENTATION ON OPERATION SUKUMA SAKHE (OSS)

Dr Fikile Ndlovu from the Office of the Premier, having being welcomed, explained

that Operation Sukuma Sakhe (OSS) was an initiative to improve the way services

were being delivered in partnership with communities, adding that KwaZulu-Natal

developed and would continue to use the OSS integrated model of service delivery.

At the centre of the OSS model were War Rooms that served as an engine for

integrated service delivery and were supported by Task Teams at each governance

level. The “War Room” was described as a physical space where a co-ordinating task

team at a ward level provided a direct link to the community. She thanked

Her Worship the Mayor, Councillor ZRT Gumede, for affording her the opportunity

to present the OSS handbook, aimed at providing existing and new stakeholders with

knowledge of all OSS operations and to guide the coordination and delivery of

integrated services to communities. As the handbook was designed to benefit all

OSS stakeholders, various users would identify with the chapters most relevant to the

tasks they performed.

Dr Ndlovu cited the fight against HIV and Aids at the core of OSS and the focus of

the War Room, taking cognizance that it was a symptom of underlying issues and

communities needed to be empowered to address such issues. She mentioned that the

Ward task teams would play an important co-ordination function by identifying

needs and referring them to service providers. She highlighted critical partnerships,

namely; Civic Society, Business Sector, etc. and elaborated on the strategic goals and

objectives of OSS. She advised that the benefits of OSS would be the most

vulnerable groups and poor households and highlighted the four main processes,

namely; identification of needs, open and refer services, delivery of services and

close referrals. She was of the view that OSS was at the pulse of the people and

briefly summarised the five pillars, i.e.; community partnerships, behaviour change,

integration of Government services, economic activities and environmental care.

Dr Ndlovu went on to elaborate on the institutional structures and the roles and

responsibilities of tasks teams from both a Provincial, District and Local levels that

would include Champions, Chairpersons, Secretaries and service providers.

She further advised that Officials from Provincial Government would play an

oversight role by visiting districts and wards on a monthly basis to ascertain whether

key issues were being sufficiently addressed. They would further visit projects and

engage with communities to ensure synergy and the existence of comprehensive

reports and action plans that would thereafter be presented to Cabinet. At a Metro

and District level the Mayor would ensure that work was being undertaken with

oversight committees being formed in the various Clusters of the Municipality. She

mentioned challenges in respect of OSS reports not being submitted, hence there was

no clear picture of progress being made. In that regard, she appealed to Her Worship

the Mayor to take necessary steps to ensure that the eThekwini Municipality was on

top in terms of providing the necessary resources.



She elaborated on projects to date and stressed the importance of oversight in

ensuring that structures were in place and reporting at all levels were being

undertaken timeously.

In concluding, Dr Ndlovu outlined all programmes that were being championed by

the OSS and advised of the need for the eThekwini Aids Council to continue with its

work and make recommendations where necessary. She also spoke of the need for

the OSS to be strengthened and for all Aids and Ward Committees to be functional.

Her Worship the Mayor, Councillor ZRT Gumede, expressed her thanks and

gratitude to Dr Ndlovu for her comprehensive presentation and in doing so pledged

her support for the project.

The presentation was thereafter NOTED.

(Dr Ndlovu and her team thereafter left the proceedings)

6. OFFICIAL ANNOUNCEMENTS

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

announcements and his report concurrently. In initiating his announcements,

the Speaker expressed and conveyed condolences to the families of:-

● Constable Mhlongo of the Metro Police who lost his life tragically during

the past week.

● the late ANC stalwart, Mr Mewalall Ramgobin, a former leader of the UDF

and former ANC Member of Parliament from 1994 to 2009 who passed

away after an illness.

● Football legend Mr Cedric “Sugar Ray” Xulu from Clermont on the loss of

his wife.

On behalf of the eThekwini Municipality, the Speaker wished the 2016 matriculants

well for the National Senior Certificate examinations that began on 2016-10-26. He

thanked Her Worship the Mayor, Councillor ZRT Gumede for also conveying the

Municipality’s good wishes to them.

Congratulations were extended to the Mamelodi Sundowns Football Club and their

coach Mr Pitso Mosimane, for being the second South African team to win the

largest football competition on the Continent, the African Champions League. It was

noted that Orlando Pirates Football Club won the competition in 1995. The Speaker

announced that whilst this was a victory for Mamelodi Sundowns, it was also a

victory for South Africa as a whole.

He thereafter spoke on the Essence Festival that the City was hosting from 8th to

13th November 2016, making the point that eThekwini was the first City in South

Africa to host such festival. He encouraged all Councillors to attend.

The Speaker extended good wishes to the Hindu Community who were celebrating

Diwali on 30th October 2016.



Councillors were reminded that the Back to Basics Report would need to be

submitted by 12:00 on the Friday preceding the Council meeting.

Councillors were reminded that requests for support toward convening community

report back meetings would need to be submitted 14 days prior to the meeting for an

ordinary scheduled meeting and 5 days for emergency meetings.

Councillors were urged to read all communication received from the Office of the

Speaker.

In respect of offices for Councillors, the Speaker advised that his Office was working

towards ensuring that all requests were processed by the end of November 2016 and

apologised profusely for any inconvenience in that regard.

He mentioned the 3G and Telkom cards that were available and were being issued as

of yesterday.

Councillors were reminded that costs relative to any cancellation or change of

request in respect of travel and accommodation would be borne by the Councillor

requesting such change.

The Speaker reminded all Councillors that the use of Political Party logos when

communicating officially was not permitted.

Party Whips were requested to ensure that the details of their Councillors on the

chart were correct prior to being signed off.

Councillors were requested to ensure that their declaration forms were submitted

prior to the expiry of 90 days, as per the requirement of the Municipal Systems Act.

In respect of his report the Speaker advised that 69 Wards had had Community report

back meetings and service delivery issues such as roads, safety and security, housing,

etc., had been discussed. With regard to Back to Basics he reported that 118

Councillors had submitted reports to his Office and 111 reports were still

outstanding.

The Speaker went on to advise that Truly Alliance (TA) had changed its membership

and that its representative was now Councillor MF Adam. He further advised that the

legal issues surrounding the Minorities of South Africa (MOSA) had now been

settled and Councillor SR Moodley had now been declared as its Leader by the

Courts.

The Speaker announced that the Ward Committees elections would be taking place

on 20th November 2016.

In closing his announcements/report the Speaker advised that the last meeting for

2016 would be held on 8 December 2016 at the Exhibition Centre.



7. APPLICATIONS FOR LEAVE OF ABSENCE

RESOLVED:

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

indicated below:-

COUNCILLORS

Councillor J Annipen : Request to leave at 14:00

Councillor S Bhanprakash : 2016-10-27 (Indisposed)

Councillor BR Cloete : 2016-10-27 to 31 (Personal Commitments)

Councillor AN Dlamini : 2016-10-27 to 28 (Personal Commitments)

Councillor MP Dlomo : 2016-10-26 to 27 (Municipal Business)

Councillor HD Goge : 2016-10-26 to 28 (Indisposed)

Councillor R Gokool : 2016-10-27 (Personal Commitments)

Councillor Y Govender : 2016-10-27 (Personal Commitments)

Councillor NC Gumede : 2016-10-24 to 28 (Municipal Business)

Councillor TR Gumede : 2016-10-28 (Municipal Business)

Councillor MS Gwala : 2016-10 -27 to 28 (Indisposed)

Councillor N Hoosman : 2016-10-25 to 10-27 (Indisposed)

Councillor J Johnson : 2016-10-27 (Indisposed)

Councillor SA Kaunda : 2016-10-31 to 11-02 (Municipal Business)

Councillor P Luthuli : 2016-10-24 to 31 (Personal Commitments)

Councillor MP Mkhize : 2016-10-27 to 28 (Personal Commitments)

Councillor SM Mkhize : 2016-10-27 to 31 (Personal Commitments)

Councillor SP Mncube : 2016-10-24 to 28 (Municipal Business)

Councillor MGF Mthembu : 2016-10-26 to 28 (Personal Commitments)

Councillor B Ntshangase : 2016-10-24 to 28 (Municipal Business)

Councillor H Biyela : 2016-10-27 (Personal Commitments)

Councillor PN Sikhosana : 2016-10-24 to 28 (Municipal Business)

Councillor JB Thabethe : 2016-10-26 to 27 (Municipal Business)

Councillor WM Thring : 2016-10-27 (Request to leave at 13:30)

Councillor C Xesibe : 2016-10-27 (Personal Commitments)

Councillor TG Zungu : 2016-10-24 to 28 (Municipal Business)

Councillor MH Zwane : 2016-10-27 (Personal Commitments)

AMAKHOSI

Inkosi TF Gwala : 2016-10-27 (Attending Amakhosi Forum)

Inkosi N Hlengwa : 2016-10-27 (Attending Amakhosi Forum)

Inkosi PP Luthuli : 2016-10-27 (Attending Amakhosi Forum)

Inkosi NC Maphumulo : 2016-10-27 (Attending Amakhosi Forum)

Inkosi DZ Mkhize : 2016-10-27 (Attending Amakhosi Forum)

Inkosi LD Mkhize : 2016-10-27 (Attending Amakhosi Forum)

Inkosi KT Mkhize : 2016-10-27 (Attending Amakhosi Forum)

Inkosi S Mlaba : 2016-10-27 (Attending Amakhosi Forum)

Inkosi RF Mthembu : 2016-10-27 (Attending Amakhosi Forum)

Inkosi EB Shozi : 2016-10-27 (Attending Amakhosi Forum)

Inkosi JP Shangase : 2016-10-27 (Attending Amakhosi Forum)



8. CONFIRMATION OF MINUTES: Meeting held 2016-09-28

RESOLVED:

That the minutes of the meeting of the Council held on 2016-09-28, as circulated and

taken as read, be and they be hereby confirmed.

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

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

submitted:-

9.1 Questions submitted by Councillor EL Singh : WhatsApp Reporting Line for Water

Complaints (2/3/3):

On 21 September 2016, the Mayor of eThekwini Councillor Zandile Gumede

launched the new WhatsApp Reporting line, which gives the pubic the opportunity to

reach out to the Municipality through a new platform, ensuring a quick and easy

response to Water Complaints.

It’s on this background, I pose the following questions:-

1. What is the budget allocated for this New WhatsApp Water Reporting

Line?

2. How many staff will be controlling this New WhatsApp Water Reporting

Line?

3. What is the response time for feedback on complaints raised by the

public?

4. Will eThekwini Electricity Department have a similar WhatsApp?

5. If yes? When will it be operational?

Councillor MM Mthembu provided the following respective responses:-

1. There is no specific budget set aside for the WhatsApp project, this platform

(WhatsApp) had been incorporated into our existing Contact Centre

Operational activities as an additional tool by which customers are able to

communicate with us particularly given the global shift in the society with

social media platform now being the popular and cost-effective means used by

community.

2. We currently have made provision for one workstation from which WhatsApp

messages will be viewed and responded to, and as such only one person at any

given moment is able to work on this platform to ensure efficiency and

accountability.



3. It is accepted that this is an instant messaging tool and as such messages are

responded to instantly. However, it may take longer to respond when we

experience the high volume of messages due to major bursts and/or any other

major outages.

4. At the present moment this initiative has been implemented by eThekwini

Water and Sanitation only, it has not yet been rolled out to any other service

Unit.

5. Not applicable.

9.2 Questions submitted by Councillor R Gokool : Land Invasions in Ward 19 and 21

(22/8/4/1):

In light of the incidents of land invasions in Wards 19 and 21, I pose the following

questions:-

1. What is the process one should follow when land invasion is taking place?

2. Why does the Land Invasion Unit not work after hours?

3. How many teams are there in the Land Invasion Unit?

4. What is the estimated response time to a complaint?

5. Why are complainants not given reference numbers when an incident is

reported?

6. Why are complainants not given a report on the situation once the Land

Invasion Unit has intervened?

7. Can Metro Police or SAPS respond to a land invasion incident without

being asked by the Land Invasion Unit to do so?

Councillor MM Mthembu provided the following respective responses:-

1. The Rapid Response Control Room should be contacted on

031 3114699/4701/4667/4702/079 8218 879. The cell number is functional

during power outages. The complaint will then be passed over to the Security

Officer on duty and the complainant will be afforded the opportunity to contact

the Security Officer directly. This Control Room is operational on a 24 hour

basis. The Land Invasion Control (LIC) teams work mainly office hours and

are deployed over weekends and public holidays on an overtime basis. Metro

Police may be contacted after hours should the situation required.

2. A new shift system was designed for LIC and has to follow a consultative

process. The Security Tender makes provision for the control of land invasions.

The appointment of a service provider is imminent. Meanwhile, land invasions

have further increased substantially since December 2015. Should LIC move

towards a 24 hour operation with its current staff compliment, it would mean

that the operation would only function with 25% of its current staff

establishment every 12 hours; thus encouraging weak response times.

The proposed organisational structure which emanated from the Institutional

Review Process is currently going through the consultation phase with staff.

The implementation of this structure should alleviate the staffing constraints.



3. There is currently 15 teams at LIC. Each team consists of one Section Leader

and three Security Guards and work on Council land and land which the

Council has an interest in. Three regions exist whereby these teams are

proportionally deployed. These teams are responsible for the monitoring of

illegal building of structures (core function of Human Settlements Unit),

eviction and demolitions and relocation of beneficiaries. General Assistants are

responsible for demolition. Due to the infirm balance between the

organisational structure and the number of informal settlements (approximately

600), LIC deployments focus on 10% of these areas; which have been deemed

as critical. These areas may change because it is guided by the threat.

4. Legislation does not prescribe a duration whereby a structure may be

demolished within; thus compelling the immediate response to these

complaints. Considering the volatility of the areas where interventions take

place, at most times, 50% - 100% of the teams respond to the same complaint

and stand off for a minimum of two hours (e.g. Recent Kennedy Road

operations). Such complaints are common and demand a multi disciplinary

approach. As a result of such interventions, violent protests arise and this draws

LIC manpower. Taking cognisance of this, all complaints would be attended to

within eight man hours of receipt.

5. On most occasions, complainants/Councillors contact LIC staff directly when

lodging a complaint. Should the route of the Rapid Response Control Room be

followed, an Occurrence Book (OB) reference number could be obtained.

Furthermore, an electronic land invasion complaints system has been designed

and is subject to testing. This system will be able to generate reference

numbers and provide updates to complainants.

6. There has been a tremendous response from Metro Police with regard to

responding to land invasion complaints. There is a commitment from them to

assist after hours. However due to other factors which support the operation,

e.g. establishing ownership/authorities, land invasion control remains primarily

responsible for this function. Other departments include Real Estate, Human

Settlements, Legal Services, etc. There is certainly support from SAPS senior

Management but there is a lack in support at an operational level.

This challenge is being mitigated as these precincts are realising the importance

of discouraging the illegal building of structures. Important to note is that the

Trespass Act is applicable and the SAPS should be obliged to act accordingly.

9.3 Questions submitted by Councillor S Ryley : Procurement of Local Manufactured

Goods & Services (9/1/3):

In line with the President’s call in his SONA speech in 2014 for 75% of goods and

services to be procured from local manufacturers in South Africa, I request that the

following questions be answered:-

1. What Supply Chain Management Regulations exist for the supply and

procurement by eThekwini Municipality of locally made goods and

services:-

1.1 If not, why not?

1.2 By what date will these be submitted to Council for approval?



2. With the election of new Councillors in 2016:-

2.1 How much money has been spent on procuring new goods and services for

these Councillors?

2.2 What are these items?

2.3 How much was procured from South African manufacturers?

3. Did the procurement of the goods listed in question 2. above meet the

President’s call to procure 75% of local manufacturers?

3.1 If not, why not

3.2 Which country of origin where this item/s procured from?

4. What percentage of the operational and capital budget does the

Municipality plan to spend in the next 5 years on local manufacturers and

services providers?

The above-mentioned questions were DEFERRED to the next meeting of the

Council at the request of Her Worship the Mayor, Councillor ZRT Gumede, to

enable her to complete her research thereon.

9.4 Questions submitted by Councillor S Hoosen : Electricity Outages in Shallcross and

Illegal Connections in Bottlebrush Settlements (27/1/1/4 & 27/2/3/2):

Residents and Businesses of Shallcross have to contend with electricity outages on a

daily basis. This is due to daily illegal connections, as some residents of Bottlebrush

Informal Settlement have no access to basic services.

In light of the above I pose the following questions:-

1. What did it cost the Municipality to replace cables, due to cable theft from

2011 to current?

2. How many reports have been lodged for “electricity outages” from 2011 to

current?

3. How many adults and children have been electrocuted during 2011 to

current, due to illegal connections?

4. What measures have been taken by the Municipality to prevent illegal

connections in this area?

5. What measures have been put in place to provide basic services to some of

the residents of the Bottlebrush settlement, who have no access to water or

electricity?

At the request of Councillor MM Mthembu, the above-mentioned questions were

DEFERRED to the next meeting of the Council.



9.5 Questions submitted by Councillor Samier Singh : Tickets for Senior Citizens Year

End Function (19/1/1/2/2):

Since December 2004, eThekwini has been hosting the year end functions for Senior

Citizens across all Wards. Tickets have been issued to Senior Citizens in order to

collect hampers that are distributed. This year will be the same besides extra Wards

included after LGE 2016.

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

1. How many tickets will be allocated in a Ward?

2. How many of those tickets are allocated to a Ward Councillor?

3. Are tickets going to be allocated to all PR councillors, if not why not?

4. If tickets are going to be allocated to all PR Councillors, how many will be

allocated?

The Speaker provided the following respective responses:-

1. The allocation of tickets to Wards has not been finalised as yet.

2. Not applicable in view of 1. above.



_______________________

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

the Executive Committee.

_____________________

FIRST REPORT OF THE EXECUTIVE COMMITTEE (Special Meeting held on Tuesday, 2016-09-27)

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

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

ZM Mncwango, MM Mthembu, MS Nkosi and ZR Sokhabase.

_____________

1. FINAL ADJUSTMENTS BUDGET 2015/2016 (7/1/2/2)

(Letter dated 2016-09-26 Circulated separately)

It was noted that the Adjustments Budget had been deferred from the previous

meeting to enable members of the Executive Committee to peruse the document and

provide input if necessary. An explanation was given that Section 28 of the

Municipal Finance Management Act made provision for the revision of an approved

annual budget via the Adjustments Budget to enable the re-allocation of resources to

maximize spending in respect of the Capital Budget.



The report took into account adjustments in respect of grant funding allocations to

the Municipality, additional roll-overs of unspent grants from the previous financial

year and re-arrangement of the working relationship between SAAMBR, DMTP and

the City’s SAAMBR grant. Committee was requested to further take cognizance that

the Municipal Finance Management Act required for the matter to be finalised within

60 days of the end of the Financial Year.

The City Manager and Deputy City Manager: Finance provided clarity in respect of

inter alia, the following issues:-

● Maximum provision of security during the recent elections dictated that the

services of Metro Police be introduced in addition to the previous security

for protection of Councillors.

● The delay in the finalisation of sale of land/property was due to detailed

processes having to be followed, including that of socio economic

challenges.

● The Durban Soccer Academy project was still underway and the process of

consulting relevant stakeholders had not been finalized.

● Data migration through the Revenue Management System (RMS) that had

been recently introduced, was proving to be successful. Minimum

challenges were expected and the Unit was willing to address any concerns

brought to their attention by those affected.

With members of Democratic Alliance abstaining from voting on the basis of the

matter being discussed at their Party Caucus in the first instance,

COMMITTEE RECOMMENDS:

1.1 That in accordance with the provisions of Section 28 of the Municipal Finance

Management Act and in compliance with the Municipal Budget and Reporting

Regulations, the additional adjustments to the 2015/2016 Budget as reflected in of

the report of the City Manager dated 2016-09-16, be retrospectively approved,

together with the budget tables, it being recorded that further input, if any, will be

presented for Council to thereafter give final adoption.

1.2 That the Adjustment Budgets of the Municipal Entities reflected in the report of the

City Manager dated 2016-09-16, be noted in compliance with Section 87 of the

Municipal Finance Management Act.

NOTE: On 2016-09-28 Council deferred consideration of the Final Adjustment

Budget 2015/2016 to a Special meeting of the Council on the date to be advised,

to enable all Councillors to receive copies of such Budget.

Prior to consideration of the above-mentioned item, the request for a five

minute caucus by Councillor ZM Mncwango of the Democratic Alliance was

granted. On returning from the caucus, Councillor Mncwango enquired

whether it was appropriate for Council to consider the final adjustments budget

for the 2015/2016 year, considering that the budget for the 2016/2017 year had

already been adopted.

In that regard the City Manager advised that in terms of legislation, the

adjustments budget was normally considered after the mid-term review.

However, in view of the Local Government elections no meetings took place and

therefore the adjustments budget had not been considered. In an endeavour to

avoid the matter as being irregular expenditure the Office of the

Auditor-General had been alerted.



In response to a request by Councillor Mncwango for a legal opinion to be

provided, the Deputy Head : Legal Services and Compliance advised, inter-alia,

that as it was not possible for the Council to have had a meeting to consider the

matter in view of the aforesaid elections, the matter had been discussed with

National Treasury who had guided the Council by this process.

During discussion of the above-mentioned recommendations of the Executive

Committee, some Councillors expressed concern with regard to the Metro

Police budget, the Durban Soccer Academy still not being finalized and the fact

that new books were required in needy libraries.

Therefore, with some Councillors not being in support of the above-mentioned

recommendations of the Executive Committee the matter was put to the vote.

With 190 Councillors present, 126 Councillors (ANC – 108, IFP – 7,

INDEPENDENT – 4, AIC – 2, MF – 1, DLC – 1, TA – 1, MOSA – 1 and

AJA - 1) voted in favour and 0 Councillors voted against. 64 Councillors

(DA - 56, EFF – 7 and ACDP – 1) abstained from voting.

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

vote, ADOPTED.

__________________

Her Worship the Mayor, Councillor ZRT Gumede presented the Second Report

of the Executive Committee.

_______________

SECOND REPORT OF THE EXECUTIVE COMMITTEE (Meeting held on Wednesday, 2016-10-19)


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

ZM Mncwango and MS Nkosi

ABSENT : Executive Committee Member MM Mthembu (On leave – Municipal business)

and ZR Sokhabase (On leave – Indisposed).

_____________

1. REPORT OF THE COMMUNITY SERVICES COMMITTEE: MEETING HELD

ON 2016-10-11

(Page R1)

1.1 Request for Authority to Provide Support and Funding Towards the Hosting of

World Hospital Congress, 31 October - 03 November 2016 at Inkosi Albert Luthuli

International Convention Centre (7/5/R):

(Page L2 : Community Services Committee Agenda : 2016-10-11)

The Community Services Committee, at its inaugural meeting on 2016-10-11,

considered it imperative to discuss an item on the World Hospital Congress.

This approach was informed by the fact that the Congress would take place before

the date of the ordinary meeting of this Committee. Accordingly, the Committee was

in support of eThekwini participating in the Congress and also providing financial

support.



The World Hospital Congress is an annual event of the International Hospital

Federation, a global organisation established in 1929 to represent Health Ministries;

Hospital Associations; and Health Organisations to improve the quality and

efficiency of services they provide. The Congress brings together senior leaders and

management within the health and hospital sector with a purpose of sharing

experiences on strategic and operational approaches to improve hospital and health

sector performance and enhance positive health outcomes. The Congress is expected

to attract 1 200 (One Thousand Two Hundred) delegates from across the world.

Therefore,


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

Services and the Deputy City Manager: Governance and International Relations to

incur expenditure in the amount of R140 000.00 (One Hundred and Forty Thousand

Rand) and R110 000.00 (One Hundred Ten Thousand Rand) respectively, thus

making a total contribution by the City of R250 000.00 (Two Hundred and Fifty

Thousand Rand) to support the World Hospital Congress scheduled to take place

from 31 October to 03 November 2016 at the Inkosi Albert Luthuli International

Convention Centre.

1.1.2 That, it be noted that the eThekwini Municipality will support the hosting of the

World Hospital Congress both financially and in-kind services.

1.1.3 That authority be granted to the eThekwini Unit Heads to provide relevant support

and services towards the successful hosting of the World Hospital Congress.

1.14 That, it be noted that the financial support by the City will go towards the hosting of

(i) City Volunteer Programme, (ii) Welcome Reception and (iii) Support Hospital

Technical Tours.

Vote Number : 14001.19000 & 14001.21805; R140 000 00; FC 32/078 (DCM CES).

Vote Number : 34552.21805; R110 000 00; FC 06/12 (IGR).

ADOPTED

1.2 Provincial and National Golden Games, 23-29 October 2016, Limpopo Province

(19/1/1/2/2):

(Page L4 : Community Services Committee Agenda : 2016-10-11)

A presentation relative to the Seventh Active Ageing Programme for the Local,

Provincial and National Golden Games was made by the Deputy City Manager:

Governance and International Relations and the following details were highlighted:

The South African Constitution, the Older Person’s Act No.13 of 2006 and the Older

Persons Charter emphasise the importance of mainstreaming the Senior Citizens

Rights into every Departments, Policies and programmes. Based on this background

the Active Ageing Programmes including Golden Games were initiated in 2009 and

they take place Locally; Provincially and Nationally, on an annual basis.

The Department of Social Development is the main custodian of the programme and

the Sports, Health, Premier’s Office and the Municipalities play a supportive role.



The programme of games commences at a Ward level and there are 18 sport codes

which consist of field and track events. The participants are selected from different

Wards and they have participated in the District games which were held at Kings

Park Stadium on 10 August 2016 where all Wards were represented. Thereafter,

a Team to represent eThekwini Metro to the Provincial games was selected.

The Provincial games were hosted by the eThekwini Municipality from 06 to

08 September 2016 with 200 participants from Outer West, Central West, South,

South Central, North and North Central Regions. The eThekwini Municipality

participated in all 18 codes, excelled in 14 codes and won first place against

10 Districts. The National games will be held at Limpopo Province from 23 to

29 October 2016.

The Committee deliberated on this matter at its inaugural meeting given that the

games are taking place prior to its ordinary meeting in November 2016.

When this matter was deliberated at the Executive Committee meeting on

2016-10-11, it was suggested that the proposal for a total number of 10 (ten)

Councillors to be nominated to attend the Golden Games be reduced to 6 (six) and

such Councillors be nominated on a proportional representation basis.

Therefore


1.2.1 That the presentation by the Deputy City Manager: Governance and International

Relations, relative to the Seventh Active Ageing Programme: Provincial and

National Golden Games, made to the Community Services Committee on

2016-10-11, be noted.

1.2.2 That, taking into account that eThekwini has a number of 100 participants in the

Provincial and National Golden Games, the Speaker, Councillor WL Mapena, in

consultation with the Chairperson of the Community Services Committee, Councillor

ZR Sokhabase, nominates a total number of 6 (six) Councillors serving on the

Community Services Committee, on a proportional representation basis, to attend the

Golden Games scheduled to take place from 23 to 29 October 2016 at Limpopo

Province.

Financial Details:

Return Flights R6 000.00 per person R60 000.00

32123.22005.12120.0000.MRC01.

0010

Accommodation R1 400.00 per person

x 6 nights

R84 000.00

32123.21920.12120.0000.MRC01.

0010

Car Hire (2 Cars) R700 per day x 7 days R9 800.00

32123.21965.12120.0000.MRC01.

0010

S & T (As per

Policy)

TOTAL R153 800.00

FC Number: 08/16



It was noted that although the total number Councillors to attend the

above-mentioned Games had been reduced from ten to six, the financial details

had not been amended accordingly. In that regard such details were amended

and it was thereafter

RESOLVED:

1.2.1 That the presentation by the Deputy City Manager: Governance and

International Relations, relative to the Seventh Active Ageing Programme:

Provincial and National Golden Games, made to the Community Services

Committee on 2016-10-11, be noted.

1.2.2 That, taking into account that eThekwini has a number of 100 participants in

the Provincial and National Golden Games, the Speaker, Councillor

WL Mapena, in consultation with the Chairperson of the Community Services

Committee, Councillor ZR Sokhabase, nominates a total number of 6 (six)

Councillors serving on the Community Services Committee, on a proportional

representation basis, to attend the Golden Games scheduled to take place from

23 to 29 October 2016 at Limpopo Province.

Financial Details:

Return Flights R6 000.00 per person R36 000.00

32123.22005.12120.0000.MRC01.

0010

Accommodation R1 400.00 per person

x 6 nights

R50 400.00

32123.21920.12120.0000.MRC01.

0010

Car Hire (2 Cars) R700 per day x 7 days R9 800.00

32123.21965.12120.0000.MRC01.

0010

S & T (As per

Policy)

TOTAL R96 200.00

FC Number: 08/16

2. AUTHORITY TO IMPLEMENT THE PUBLIC SERVICE WEEK PROGRAMME

(2/3/2/1/2)

(Page 39)

The Executive Committee noted that a report on the above-mentioned matter had

been considered by the Governance and Human Resources Committee at its

inaugural meeting on 2016-10-13 and the purpose thereof was to appraise the

Committee on the proposed programme during Public Service week in October and

to seek approval of the event and the budget.

It was noted that the Public Service week would seek to achieve the following

objectives:-

● Strengthen access to quality delivery through targeted advocacy, support

and interventions to frontline services.

● Enhance the quality and efficiency of public service delivery.

● Ensure multi-skilling of public service employees at all days.



● Ensure that Senior Managers and Politicians are deployed to service

delivery point to assist, identify and give possible solutions to administrative

problem.

● Inculcate a culture of responsiveness and accountable public service to the

needs to the citizens.

● Monitoring inspections and providing feedback on Government Policies and

Programmes.

● Promote learning and knowledge management which include sharing of best

practices across public service.

● Table recommendations to full Council for implementation by Units and

providing improvement plans.

● Implement National Framework on frontline Service Delivery that seeks to

address the triple challenges of poverty, unemployment and inequality as

identified in the National Development Plan as it shows there is a need to

re-invent and refocus the delivery of frontline services across the

Municipality.

In the circumstances


2.1 That the report by the Head: Sizakala Customer Service dated 2016-09-27 relative to

the Public Service Week, aimed at strengthening visibility and access by improving

and taking quality service closer to where people live, be noted;

2.2 That authority be delegated to Chairpersons of all the Support Committees to appoint

five (5) Councillors from each Committee to be part of the Public Service Week

Programme, to be implemented during the month of October, November and

December 2016, it being recorded that the appointment of Councillors will be

undertaken on a proportional representation basis.

Financial Implications

NO AMOUNT COMMENTS

1 Transport - Transporting 25 x Portfolio

Committee Councillors to

various centres.

Municipal vehicles

from different Units to

be used and incurring

normal operational

costs for this purpose.

2 Refreshment in the

form of snack packs

R6 000,00 For Councillors and

Officials site visits.

To cater for

Councillors of

Portfolio Committees

conducting site visits.

3 Fruit packs and

water tank

R9 000,00 Employees Sporting

Activities

To cater for teams of

15 employees x 6

sporting activities.

4 Sound system R10 000,00 Employee Outdoor Sporting

Activities

All sporting activities

will take place in the

same venue.

Vote No.: 33003.03730; R25 000.00

ADOPTED.



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

MANAGEMENT ACT FOR THE UPGRADE OF SIBUSISIWE ROAD IN

INANDA, WARD 55 (TO BE CHANGED TO WARD 42 IN NEW WARD

DEMARCATION) (25/4/2)

(Page 44)

The Executive Committee considered a report by the City Manager dated 2016-08-18

in the above regard, the purpose of which was to request approval in terms of Section

116(3) of the Municipal Finance Management Act (MFMA) for the change of scope

of works to complete the construction of Sibusisiwe Road.

It was noted that the delay in the commencement of the construction of the road had

been attributed to the following:-

- Change of Ward demarcation: Sibusisiwe Road is currently located within

Ward 55 and after the Municipal elections, with the new demarcation, the

road will fall within Ward 42.

- Change of political representation in the area.

- Demands by Community in that they will only allow the project to continue

if the total 445m of gravel road is upgraded as one project.

Having taken the foregoing into account


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

the scope of amendments to Contract No. 1R-15335: Upgrade of Sibusisiwe Road in

Inanda, Ward 42, to allow the construction of 445m road construction at the cost of

R2 782 800.00 (Two Million Seven Hundred and Eighty Two Thousand Eight

Hundred Rand) in the 2016/17 financial year, be approved, due to the following

reasons:-

3.1.1 Change of Ward demarcation: Sibusisiwe Road is currently located within Ward 55

and after the Municipal elections, with the new demarcation, the road will fall within

Ward 42.

3.1.2 Change of political representation in the area and therefore a need to resuscitate

discussion in this regard.

3.1.3 The project was originally split into two financial years, i.e. is 100m road with

related stormwater reticulation and retaining structures at a cost of R882 800.00

(Eight Hundred and Eighty Two Thousand and Eight Hundred Rand) in the 2015/16

financial year and 345m road construction at a cost of R1 900 000.00 (One Million

Nine Hundred Thousand Rand) in the 2017/18 financial year. Thereafter demands by

Community in that they will only allow the project to continue if the total 445m of

gravel road is upgraded as one project.

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

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

Contract 1R-15335, Upgrade of Sibusisiwe Road in Inanda, Ward 42 as per the

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

ADOPTED.



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

MANAGEMENT ACT FOR THE RENEWAL OF LEASE OF PREMISES:

ELECTRICITY CUSTOMER SERVICES (17/2/2/5/1 & 9/1/3)

(Page 48)

The Committee was advised that the purpose of the above-mentioned report of the

City Manager was to seek authority to negotiate a lease renewal in terms of Section

116(3) of the Municipal Finance Management Act (MFMA) for the Electricity

Contact Centre at the existing premises, 3rd Floor, SmartXchange Building, 5 Walnut

Road, Durban, for a further period of three years and to allow the Head: Real Estate

to negotiate market related and favourable lease conditions for future tenure in the

current premises.

The Executive Committee noted that the Electricity Contact Centre and the

Electricity Technology Services Branch currently shared office space and that in the

same building the Revenue Call Centre shared premises and expensive technical

equipment utilized to operate all three major eThekwini Municipality Contact

Centres at the SmartXchange building. Other motivating factors taken into

consideration were that the current building was accessible and extremely safe for

Council’s 24/7/365 operations including the employees’ relative ease of accessibility

to transport at odd hours of operation. Furthermore it was noted that PABX, Servers

and UPS rooms have been set up and network cables (including fibre optic) have

been laid between the SmartXchange building and the operation rooms at Electricity.

On that basis,


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

authority be granted for the Head: Real Estate to proceed with the lease of the

premises at SmartXchange Building for the acquisition of lease for the Electricity

Contact Centre for a further period of three years, commencing from

1 February 2017, due to the following reasons:-

4.1.1 The Electricity Contact Centre and the Electricity Technology Services Branch

currently share office space and in the same building the Revenue Call Centre shares

premises and expensive technical equipment is being utilized to operate all three

major eThekwini Municipality Contact Centres at the SmartXchange building.

4.1.2 The current building is accessible and extremely safe for Council’s 24/7/365

operations including the employees’ relative ease of accessibility to transport at odd

hours of operation.

4.1.3 The PABX, Servers and UPS rooms have been set up and network cables (including

fibre optic) have been laid between the SmartXchange building and the operation

rooms at Electricity.

4.2 That the Head: Real Estate be authorized to negotiate the terms and conditions of the

lease and sign all necessary documents to conclude the agreement.

ADOPTED.



5. 2016/2017 INTEGRATED DEVELOPMENT PLAN (IDP): UPDATE ON AN

ASSESSMENT BY THE HONOURABLE MEC OF CO-OPERATIVE

GOVERNANCE AND TRADITIONAL AFFAIRS (COGTA) (2/1/6/1)

(Page 50)

The Executive Committee noted the positive evaluation of eThekwini Municipality’s

Integrated Development Plan by the Honourable MEC of COGTA and her

commendation that the document was well presented and user friendly. However,

cognizance was taken of concerns related to Council’s lapse in the Waste

Management Plan and the Safety and Security of citizens as issues that needed to be

addressed.

Key Observations raised by the MEC Panel:

● Strategic Thrust of the 6KPA’s: The comment relating to the submission of

the SDBIP was noted. Future submissions would include a copy of the full

SDBIP and not summarized version that was included in the IDP.

The SDBIP matrix included at the end of each plan does indicate the

alignment between Municipal programmes and the National KPA’s.

● Operation Sukuma Sakhe: Progress was noted and the Municipality was

commended on the implementation of the programme

● Back to Basics: The Municipality was commended on the implementation

of this programme and the information provided.

Overall Assessment:

● The Municipal IDP for 2016/17 was regarded as credible. The panel noted

the user friendliness of the document, strategic flow as well as the

presentation.

Therefore,


That the following 2016/17 evaluation of the Municipality’s assessment by the

MEC of COGTA, tabled at the Integrated Development Plan Indaba on 22

September 2016, to determine the credibility of each of the 61 Municipal IDP’s be

noted, it being recorded that the comments raised by the panel would be taken into

consideration where possible during the drafting of the new 2017/18 IDP.

Financial Year Position ranked in the

Province out of 61

Credibility Score as

percentage in %

Provincial Average

in %

2008/09 5 85 66

2009/10 8 83 67

2010/11 2 90 74

2011/12 2 91 75

2012/13 1 91 64

2013/14 NA 83 NA

2014/15 NA 76 NA

2015/16 2 75 62

2016/17 NA 79 66

Notes: For the financial years 2013/14 and for the 2014/15, there were no average scoring or ranking

of Municipal IDP’s. At the time of reporting KZN COGTA has not provided a ranking for 2016/17

NOTED.



6. BACK TO BASICS REPORT FOR THE MONTH ENDED 31 AUGUST 2016

(2/3/2/1/2)

(Page 62)

In noting the Back to Basics Report for the month ended 31 August 2016,

the following areas of concern were highlighted:-

a) Sewage spillages that should be curtailed in view of it being a health hazard.

b) The Indigent Register that could be linked to assist the housing needs list.

c) 219 issues of fraud and corruption with only 45 cases having been resolved.

d) Suspension of Officials for approximately a year and the cost to the City.


That the Back-to-Basics report outlining progress by the eThekwini Municipality in

achieving its performance indicators during the first quarter, month ended 31 August

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 subject to issues of concern raised in (a) to (d) in

the preamble above being attended to.

NOTED.

7. BACK TO BASICS: PROVINCIAL QUARTERLY REPORT FOR QUARTER 4

OF THE FINANCIAL YEAR 2015/2016 (2/3/2/1/2)

(Page 77)


That the eThekwini Municipality’s Back to Basics report for the fourth quarter of the

2015/16 financial year, submitted in compliance with Circular No. 4 of 2016 from

the Provincial Department of Co-operative Governance and Traditional Affairs,

be noted.

NOTED.

8. SALGA’S STANDING ITEM IN COUNCIL MEETINGS

(Page 87)

A report in the above regard, received from SALGA, outlining the activities held

during the month of September 2016 and also covering the Provincial Conference

held on 22-23 September 2016 at Champagne Sport Resort was presented to the

Executive Committee.

The Executive Committee was advised of, inter-alia, the following salient issues:-

● The newly elected SALGA KZN leadership.

● Working Group membership allocation to Municipalities.

● SALGA KZN Membership levies.

● SALGA KZN upcoming events.



Having considered such report,


8.1 That Council notes the following leadership structures that were elected at the

SALGA KZN Provincial Conference for 2016 on the 22-23 September 2016 at the

Champagne Sport Resort under Okhahlamba Local Municipality:-

1. Chairperson: Councillor M Ndobe, Mayor of Harry Gwala District

2. Deputy Chairperson: Councillor N Mkhulisi, Mayor of King Cetshwayo District

3. Deputy Chairperson: Councillor S Mkhombo, Mayor uMkhanyakude District

4. Deputy Chairperson: Councillor T Maphumulo, Mayor of uMgungundlovu District

5. Additional PEC Member: Councillor D Mazibuko, Speaker of uThukela District

6. Additional PEC Member: Councillor WL Mapena, Speaker of eThekwini

Municipality

7. Additional PEC Member: Councillor P Zulu, Speaker of KwaDukuza Municipality

8. Additional PEC Member: Councillor F Khumalo, Speaker of uMzinyathi District

9. Additional PEC Member: Councillor A Rehman, Speaker of Amajuba District

10. Additional PEC Member: Councillor T Mnyayiza, Mayor of Ugu District

11. National Executive Committee Nominee: Councillor ZRT Gumede, Mayor of

eThekwini Municipality

12. National Executive Committee Nominee: Councillor Thami Ngubane, Mayor of

uMvoti Local Municipality (pending approval by the National Conference)

8.2 That in noting that Section 9 of the SALGA Governance Framework provides for the

establishment and composition of the Provincial and National Working Groups and

in further noting that the Provincial Executive Committee of SALGA KZN held their

first meeting on 2016-10-05 where the following Working Groups and their

Chairpersons were respectively established and appointed, Council is hereby

requested to nominate its representative member(s) in a Working Group allocated to

each Municipality:-

1. Community Development Working Group: Chairperson Councillor T Maphumulo

2. Economic Development and Planning Working Group: Chairperson Councillor

D Mazibuko

3. Human Resource and Labour Relations: Chairperson Councillor F Khumalo

4. Governance and Inter-governmental Working Group: Chairperson Councillor P Zulu

5. Municipal Infrastructure Services Working Group: Chairperson Councillor WL Mapena

6. Municipal Finance Working Group: Chairperson Councillor A Rehman

8.3 That in respect of the SALGA KZN Membership Levies, Council notes that in terms

of Section 125(1)(b) of the Municipal Finance Management Act, (Act No. 56 of

2003) Municipalities are required to remit their contributions to Organized Local

Government, and the financial statements of the Municipality must include the total

amount of contributions to the Organized Local Government for the financial year,

with the amount of any contributions outstanding as at the end of the financial year

and in that regard Council notes that any outstanding SALGA levies that are now

overdue are considered NOT IN GOOD STANDING.



8.4 That Council notes the upcoming events as follows:-

EVENT DATE VENUE ATTENDING

Agriculture Local

Government Summit

18 October

2016

Public Works, Mayville ● District Mayors,

● Members of the

relevant Portfolio

Committee

● Municipal Officials

SALGA KZN DSR Games

Launch and Draw

28 October

2016 T18:00

Desrosche Hotel

(Ugu District

Municipality)

● Mayors,

● Chef Dimensions,

● MM’s/ Community

Services Director

● District Sport

Co-ordinators

SALGA PEC Lekgotla 10 & 11

November 2016

TBC ● SALGA Provincial

PEC members

● SALGA KZN officials

Recommendations 8.1, 8.3 and 8.4 NOTED and Recommendation 8.2

ADOPTED.

F PEER

ACTING CHAIRPERSON

______________

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


______________

THIRD REPORT OF THE EXECUTIVE COMMITTEE (Meeting held on Tuesday, 2016-10-25)


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


_____________

1. REPORT OF ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE:

SPECIAL MEETING HELD ON 2016-10-20

(Page R1)

1.1 Financial Contribution to Phoenix Settlement Trust for Payment of Services

(20/1/4/3):

(Page 1 : Economic Development and Planning Committee - Agenda 2016-10-20)

It was noted that the Phoenix Settlement, located within the Inanda area, was

identified by the former President Thabo Mbeki as the Presidential node for tourism,

economic development and job creation. The Settlement also attracts a substantial

number of domestic and international visitors.



In view of the foregoing,


1.1.1 That authority be granted for the City Manager to enter into a new Memorandum of

Agreement with the Phoenix Settlement Trust for a further duration of 12 months,

starting 2016-07-01 to 2017-06-30 to continue promoting the Inanda/Phoenix area as

a key tourism destination to both domestic and international visitors in an endeavour

to bring about development and employment opportunities for the local residents.

1.1.2 That authority be granted for the Head: Business Support, Markets and Tourism to

disburse payments to the Phoenix Settlement Trust amounting to R322 920.00

(Three Hundred and Twenty Two Thousand Nine Hundred and Twenty Rand) in the

2016/2017 financial year, in accordance with Section 67 of the Municipal Finance

Management Act and the Memorandum of Agreement alluded to in 1.1 above.

Vote : 26724.10980 ; R322 920.00; Provided 2016/2017; F/C 13/03.

ADOPTED.

1.2 Approval for Procurement of Adapted Land Cruiser to Function as Fire Tender at

Virginia Airport and for Funding to be Secured Via Adjustment Budget (8/1/11/1):



That the procurement of an adapted land cruiser that will function as a fire tender at

Virginia Airport, to ensure compliance with the standard safety regulations of the

Civil Aviation Authority, be approved, it being noted that funding will be secured via

the adjustment budget.

ADOPTED.

1.3 Request for Delegation of Authority for Head: Real Estate to Implement Council

Resolution Dated 2015-10-28 with respect to Expropriation of Right of Way, Land

Owner Rights Across Properties within Giba Gorge Environmental Precinct and

Expropriation of Servitude Across Properties in Clifton Canyon for Provision of

Compensatory Alternative Public Right of Way Access:



1.3.1 That authority be granted for the Head: Real Estate to implement the following

Council resolution dated 2015-10-28:

1.3.1.1 To proceed with the expropriation of Right of Way land owner rights which traverse

across properties within the Giba Gorge Environmental Precinct.

1.3.1.2 To proceed with the expropriation of Right of Way servitude across properties in

Clifton Canyon for the provision of a compensatory, alternative public right of way

access for affected properties.

1.3.1.3 To sign all documents necessary to give effect to the expropriation.

ADOPTED.



1.4 Development of Base for Fire and Invasive Species Control Programme by

Environmental Planning and Climate Protection Department (17/2/1/2/1 & 32/1/7/1):


In order to ensure the conservation of high quality and endangered Sourveld

Grassland ecosystems, part of a mandate set out in the National Environmental

Management: Biodiversity Act requires the Municipality to draft and include plans to

control and eradicate invasive alien species in its Integrated Development Plan.


1.4.1 That authority be granted for the Acting Deputy Head: Environmental Planning and

Climate Protection to construct a dedicated Ecological Base for Fire and Invasive

Species Control Programme at Assagay, Portion of Erf 147 in order to service the

extensive grasslands now managed in the outer western areas of the Municipality.

1.4.2 That authority be granted for the Acting Head: Environmental Planning and Climate

Protection to initiate procurement processes, together with the Supply Chain

Management Unit and the Architecture Department, for the appointment of a

contractor to undertake the required works.

1.4.3 That the project be reflected on the Municipality’s Capital expenditure Budget and

funds be sourced from the Outer West Development levy to be allocated as follows:

(Project Number)

26440.43765.91103.0000.57007. R002; R 500 000; 2016/2017

26440.43765.91103.0000.57007. R002; R 2 131 000; 2017/2018

F/C No.: 46/CA97

ADOPTED.

2. REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF JULY

2016 (9/1/3)

(Page 1)

Consideration was given to the report on public tender awards, inclusive of

procurement of goods and services using Regulation 36 of the Supply Chain

Management Policy, in the month of July 2016. Emphasis was put on the need for

greater transparency to achieve merit in tender awards. The issue of having no

tenders awarded to people with disabilities is to be given the necessary attention.

Focus will also be on increasing tender awards to women and youth-owned

businesses. A workshop is planned where procurement issues, amongst other things,

will be discussed in detail for the Executive Committee to put necessary strategies in

place to ensure effective oversight on issues of this nature.

The intention is to get Units to submit Procurement Plans for procurement issues to

be monitored against the plans in place. The Supply Chain Management Policy will

also be reviewed to also look into the empowerment aspects to develop a dedicated

framework with clear empowerment objectives. On the issue of disciplinary cases

relating to the violation of the Supply Chain Management Policy, in-committee

sessions will be held where the Executive Committee will look into cases dealt with

by the City Integrity and Investigations Unit.



It being noted that a workshop being planned will provide a platform to obtain a

deeper understanding of the procurement issues in relation to the legislation, policies

and procedures governing the Municipality in this regard,


2.1 That the report of the City Manager dated 2016-09-20, relative to the tender awards

made by the City in the month of July 2016, as presented, be noted.

2.2 That it be noted that information to compile the tender awards report is sourced from

the submissions made by the respective Units and where these submissions include

wards and registration numbers this information is included accordingly in the tender

awards report.

2.3 That Council notes 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.

2.4 That Council notes that the City Manager shall table a report to the Executive

Committee relative to the disciplinary, criminal and recovery actions taken in the

event there have been cases attended to in this regard.

NOTED.

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

SEPTEMBER 2016 (9/1/3)

(Page 13)

The above report was dealt with concurrently with the report contained in the

preceding item, with similar issues raised and it being reiterated that further details

would be provided during the workshop.


3.1 That the report of the City Manager dated 2016-09-20, relative to the tender awards

made by the City in the month of September 2016, as presented, be noted.

3.2 That it be noted that information to compile the tender awards report is sourced from

the submissions made by the respective Units and where these submissions include

wards and registration numbers this information is included accordingly in the tender

awards report.

3.3 That Council notes 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.

3.4 That Council notes that the City Manager shall table a report to the Executive

Committee relative to the disciplinary, criminal and recovery actions taken in the

event there have been cases attended to in this regard.

NOTED.



4. SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN AND

ORGANISATIONAL SCORECARD: ANNUAL PERFORMANCE REPORT FOR

THE PERIOD JULY 2015 TO JUNE 2016 (2/10/1/1/9)

(Page 24 and letter dated 2016-10-14, circulated separately, respectively)

The Executive Committee noted that the above-mentioned report of the City

Manager was being submitted in terms of Section 52(d) of the Municipal Finance

Management Act. It was further noted that the report, together with the Annual

Report would be considered by the Auditor-General and the Council’s Municipal

Public accounts Committee.

In the circumstances,


That Council notes the final Service Delivery and Budget Implementation Plan and

the Organisational Scorecard for the 2015/16 financial year which reflect an overall

achievement of 84.56% with the breakdown contained in the table below, it being

recorded that the report would be audited by the Auditor-General and that the

Municipal Public Accounts Committee will deal with the findings thereof and

recommend to Council.

Plan No. Plan Name Achievement Rate

1 Develop and Sustain our Spatial, Natural and Built

Environment

87.80%

2 Developing a Prosperous, Diverse Economy and

Employment Creation

96.70%

3 Creating a Quality Living Environment 60.78%

4 Fostering a Socially Equitable Environment

75%

5 Creating a Platform for Growth, Empowerment and Skills

Development

100%

6 Embracing our Cultural Diversity, Art and Heritage 82.76%

7A Good Governance and Responsive Local Government 78.85%

7B Good Governance and Responsive Local Government 81.82%

8 Financially Accountable and Sustainable City 84.56%

OVERALL ACHIEVEMENT 84.56%

NOTED.



5. BUDGET STATEMENT REPORT FOR THE MONTH ENDED 31 AUGUST 2016

(7/1/4)



That the Budget Statement Report for the month ending 2016-08-31, submitted in

compliance with Section 52(d) of the Municipal Finance Management Act, and

Section 28 of the Municipal Budget and Reporting Regulations and in terms of

Government Notice 32141 dated 2009-04-17, relating to the "Local Government:

Municipal Finance Management Act 2003, be noted.

NOTED.

6. ORGANISATIONAL SCORECARD AND SERVICE DELIVERY AND BUDGET

IMPLEMENTATION PLAN: FINANCIAL YEAR 2016/2017 (2/10/1/1/9)



That Council notes the Organizational Scorecard and the Service Delivery and

Budget Implementation Plan for the 2016/2017 financial year, approved during the

previous Council term of office and developed in terms of Section 53(1)(c)(ii) of the

Municipal Finance Management Act, to detail service delivery plans by the

respective Municipal Clusters and the funds thereof for the Council to play an

oversight role to ensure achievement of set goals.

NOTED.

7. QUARTERLY REPORT ON WITHDRAWALS FROM MUNICIPAL BANK

ACCOUNT IN TERMS OF THE MUNICIPAL FINANCE MANAGEMENT ACT

(7/13/R)

(Page 45)


7.1 That, in line with the requirements of Section 11 (4) of the Municipal Finance

Management Act of 2003, Council notes withdrawals made from the Municipal Bank

Account during the quarter ended 30 September 2016 which relates to (i) refund

money incorrectly paid into the Bank Account; (ii) refund guarantees, sureties and

security deposits; and (iii) investment of money not immediately required, details of

which are contained in the report by the City Manager dated 2016-10-21.

7.2 That Council notes that the report on withdrawals will also be submitted to

Provincial and National Treasury as well as the Auditor-General, in line with the

statutory requirement.

NOTED.



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

(Page 48)

Having interrogated the investment report, the Executive Committee was satisfied

with financial stability of the Municipality as confirmed through financial ratios.

Confirmation was given that a report on significant legal matters including report on

losses incurred by the City will be submitted for in-committee discussion on a

quarterly basis.


That Council notes the report on the investments of the eThekwini Municipality as at

30 September 2016, submitted as per the requirement of the Municipal Cash

Management and Investment Regulations of the Municipal Finance Management Act

No 2003, which report shows the finances of the City are in a stable condition.

NOTED.

9. PROPOSED NEW ETHEKWINI MUNICIPALITY: PROPERTY RATES

AMENDMENT BY-LAW, 2016 (1/1/3/1/R)

(Page 54)

Authority is sought for a final approval for the promulgation of the eThekwini

Municipality: Property Rates Amendment By-law, 2016. The adoption of the

Municipality’s 2016/2017 Rates Policy in March 2016 necessitated amendments to

be effected into the Property Rates By-law. This is to adequately address some of the

policy changes reflected therein. The Amendment By-law seeks to amend the

definition of “owner” and substitute a provision under Section 6 of the Principle

By-law dealing with properties utilized for multi purposes with a new provision.

The public participation process has been finalized with no objections received.

In the circumstances,


9.1 That Council approves the eThekwini Municipality: Property Rates Amendment

By-Law 2016 for final publication in Ezasegagasini Metro and the Provincial

Gazette, with the By-law taking effect on the date of publication in the Provincial

Gazette.

9.2 That approval relates to the amendment of Section 1 of the eThekwini Municipality:

Property Rates By-law 2015 by:-

(a) deletion of the word "and" at the end of paragraph (xiii) of the definition

of "owner"

(b) the insertion of the word "and" at the end of paragraph (xiv) of the definition

of "owner"

(c) the insertion after paragraph (xiv) of the definition of "owner" of the following

paragraph:-

"(xv) any person defined as an owner in terms of the Rates Policy."



9.3 The other amendments relates to Section 6(4) of the eThekwini Municipality:

Property Rates 2015, by substituting the Principle By-law as follows:-

"6(4) A property used for multiple purposes must, for rates purposes, be assigned to a

category determined by the Municipality (for its dominant use as defined in the

Rates Policy) in terms of the Rates Policy ready together with Section 9 of the

Municipal Property Rates Act."

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

Executive Committee the matter was put to the vote. With 192 Councillors present,

129 Councillors (ANC – 109, IFP – 7, INDEPENDENT – 4, AIC – 2, ACDP – 1,

MF – 1, DLC – 1, TA – 1, MOSA – 1, APC – 1 and AJA – 1) voted in favour and no

Councillors voted against. 63 Councillors (DA – 56 and EFF – 7) abstained from

voting.


vote, ADOPTED.

10. SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN REPORT AS AT

30 SEPTEMBER 2016 (2/10/1/19)

(Circulated separately under cover of letter dated 2016-10-24)

The Executive Committee noted progress report on the status of the implementation of

the 2016/17 Service Delivery and Budget implementation Plan. The Portfolio

Committees were then tasked to scrutinize their areas of jurisdiction to identify

performance gaps, if any, and thereafter determine and report corrective measures to the

Executive Committee.

On this basis,


That in terms of the Municipal Finance Management Act No. 13, wherein it is stated

that performance against output and goals of the Service Delivery and Budget

Implementation Plan must be measured on quarterly basis during a financial year, the

Service Delivery and Budget Implementation Plan for the quarter ended

2016-09-30, be noted and be submitted to the respective Portfolio Committees to

perform an oversight role and monitor the performance of Departments in order to take

steps to ensure set targets of projects are achieved in the upcoming quarters.

NOTED.

11. BUDGET STATEMENT REPORT FOR THE QUARTER ENDED 30 SEPTEMBER

2016 (7/1/2/1)

(Circulated separately under cover of letter dated 2016-10-24)

The Executive Committee interrogated the Budget statement seeking clarity on issues

relating to the extension of disconnections arising from the implementation of the

Revenue Management System, arrear rates by Councillors and employees, water loss;

electricity distribution including expedition of electricity connection to informal

settlements, Ushaka Marine World performance, latest developments on the City's bid

to host the 2022 Commonwealth Games and outstanding Tansnat debt. Suitable



explanation was given to confirm the City's processes in place and/or underway to deal

with the issues raised.

Management undertook to act responsibly in dealing with the issues taking into account

circumstances which gave rise to the prevailing situations and also the implications as a

result of the actions by the Municipality. For instance, cognisance has been taken of the

time lapse in debt management as a result of the transition from the Coin System to the

Revenue Management System. That the need to expedite the electrification programme

in informal settlements could not be emphasised. Target set to achieve quick turnaround

time in attending to burst water pipes and leaks to reduce water loss. On the issue of the

Tansnat debt, confirmation was given that a legal process was underway to determine

the status of the debt for both parties. Regarding the City's state of readiness for the

commonwealth games, mention was made that the matter is still under discussion.

Given the undertaking by Management to monitor closely the processes involved in

dealing with issues contained in the Budget Statement,


That the Budget Statement Report for the quarter ending 2016-09-30, submitted in

compliance with Section 52(d) of the Municipal Finance Management Act, and Section

28 of the Municipal Budget and Reporting Regulations and in terms of Government

Notice 32141 dated 2009-04-17, relating to the "Local Government: Municipal Finance

Management Act 2003, be noted.

NOTED.

12. ESTABLISHMENT OF WARD COMMITTEES 2016 (3/6/1)

(Page L5)

The process to establish Ward Committees was appreciated with emphasis being put

on the need to achieve a fair process to ensure the election of credible members to

achieve Ward Committee effectiveness. Confirmation was given that vetting of

members elected will be done accordingly after the election process and that every

resident of eThekwini appearing on the voters roll is eligible to be elected a Ward

Committee Member. On the issue of election venues, it was confirmed that these had

been obtained from the respective Ward Councillors and that 6 (six) venues remain

outstanding from certain Ward Councillors.


12.1 That Council declares Sunday, 20 November 2016 as the Ward Committee election

day for all 110 Wards within the eThekwini Municipal area.

12.2 That Council declares Sunday, 27 November 2016 as an alternate Ward Committee

election day to accommodate Wards which would have failed to achieve a quorum

on the original election day or the establishment of a Ward Committee did not

proceed for certain reasons.

12.3 That the geographic model be adopted for the 2016 eThekwini Municipality Ward

Committee Elections, which emphasizes the need for the Ward Committee

representation to be in line with the geographic or spatial distribution of the Ward.



12.4 That the Ward Committee Election Day process contained in the table below be

approved:-

TIME ACTIVITY

08h00 - 09h30 Registration and verification from the voters’ roll

10h00 - 10h30 Opening and explanation of the election process by Presiding Officer

10h30 - 11h30 Nomination process

11h30 - 12h30 Voting (where there are more than 10 nominations)

12h30 - 13h30 Counting of votes

13h30 - 14h00 Announcement of results and closure

12.5 That the election venues as identified by Ward Councillors for 110 Wards, be noted.

12.6 That the estimated financial implications of R2 600 000.00 (Two Million Six

Hundred Thousand Rand) allocated for the process to establish the Ward

Committees, be noted, on the basis that other expenditure shall be incurred by the

respective Units and the Deputy City Manager: Finance will make budget

adjustments where applicable.

Vote Number:

32123 20500 12120 0000 87200 0010

ADOPTED.

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

MANAGEMENT ACT TO EXTEND CONTRACT WS.6209: APPOINTMENT OF

COMMUNITY BASED CONTRACTS AND CO-OPERATIVES

(Page L6)


13.1 That, in line with Section 116(3) of the Municipal Finance Management Regulations,

Council approves the extension of Contract WS.6209 for 124 (One Hundred and

Twenty Four) Community Based Contracts and Co-operatives for a period of 6 (Six)

months from the date of expiry, i.e. 31 December 2016 to 30 June 2017 or until a

new tender is in place, whichever comes first, at an additional cost of R14 457

932.00 (Fourteen Million Four Hundred and Fifty Seven Thousand Nine Hundred

and Thirty Two Rand), in order to ensure uninterrupted refuse collection service

within the eThekwini Municipal area and achieve compliance with the requirements

of the Waste Act and the By-law.

13.2 That Council notes the following reasons which necessitated the extension of

contract:

13.2.1 There has been a delay in finalising the community based contract as the Unit has

been requested to incorporate the following key elements:

(i) Participation goals to empower and develop new contracts within the

operational area.

(ii) Key factors to address service delivery and service level standards.

(iii) Clear Plan to empower women and youth in this project.

(iv) Introduction of services to newly incorporated areas and additional houses.



13.3 That subject to the adoption of .1 and .2 above, public notices be advertised in the

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

amendments to Contract WS.6209 in line with the requirements of Section 116 (3) of

the Municipal Finance Management Act (MFMA).

Financial Implications:

Original Sum Previous Authority

Granted

Authority Required Revised Contract

Amount

CBC’s R86 747 579.00 R12 955 131.00 R14 457 932.00 R114 090 642.00

Cost Centre: 79285, 79290 & 79224.04883 FC No.: 66/52

Amount R14 457 932.00 Provided 2016/2017


Executive Committee the matter was put to the vote. With 192 Councillors

present, 129 Councillors (ANC – 109, IFP – 7, INDEPENDENT – 4, AIC – 2,

ACDP – 1, MF – 1, DLC – 1, TA – 1, MOSA – 1, APC – 1 and AJA – 1) voted in

favour and no Councillors voted against. 63 Councillors (DA – 56 and EFF – 7)

abstained from voting.


vote, ADOPTED.

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

MANAGEMENT ACT TO EXTEND CONTRACT SW2011/038: APPOINTMENT

OF COMMUNITY BASED CONTRACTS AND CO-OPERATIVES FOR REFUSE

COLLECTION WITHIN ETHEKWINI MUNICIPALITY

(Page L7)



Council approves the extension of Contract SW2011/038 for 206 (Two Hundred and

Six) Community Based Contracts and Co-operatives for a period of 6 (Six) months

from the date of expiry, i.e. 31 December 2016 to 30 June 2017 or until a new tender

is in place, whichever comes first, at an additional cost of R31 886 724

(Thirty One Million Eight Hundred and Eighty Six Thousand Seven Hundred and

Twenty Four Rand), in order to ensure uninterrupted refuse collection service within

the eThekwini Municipal area and achieve compliance with the requirements of the

Waste Act and the By-law.

14.2 That Council notes the following reasons which necessitated the extension of

contract:


been requested to incorporate the following key elements:-


operational area.








amendments to Contract SW2011/038 in line with the requirements of Section

116 (3) of the Municipal Finance Management Act (MFMA).


Original Sum Previous Authority

Granted

Authority

Required

Revised Contract

Amount

CBC’s R172 178 647.00 R66 958 370.00 R29 701 274.00 R268 838 291.00

Cops R3 278 980.00 R4 371 997.00 R2 185 450.00 R9 836 427.00

TOTAL R175 457 627.00 R71 330 367.00 R31 886 724.00 R278 674 718.00

Cost Centre: 79285, 79290 & 79224.04883 FC No.: 66/53

Amount R31 886 724.00 Provided 2016/2017




ACDP – 1, MF – 1, DLC – 1, TA – 1, MOSA – 1, APC – 1 and AJA – 1) voted in

favour and no Councillors voted against. 63 Councillors (DA – 56 and EFF – 7)

abstained from voting.


vote, ADOPTED.

ZRT GUMEDE

CHAIRPERSON

______________

Her Worship the Mayor, Councillor ZRT Gumede presented the Fourth Report


______________



FOURTH REPORT OF THE EXECUTIVE COMMITTEE (Meeting held on Thursday, 2016-10-27)


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


_____________

1. REQUEST FOR AUTHORITY TO USE SECTION 116(3) OF THE MUNICIPAL

FINANCE MANAGEMENT ACT TO EXTEND CONTRACTS FOR REFUSE

COLLECTION, LITTER PICKING AND ROAD VERGE CLEANING SERVICES

IN THE FOLLOWING AREAS:

(a) WS.6197: KWAMASHU – UNIT A COMMUNITY RESIDENTIAL UNIT,

SECTION 1 AND DALTON COMMUNITY RESIDENTIAL

UNIT

(b) WS.6198: REFUSE COLLECTION, LITTER PICKING AND ROAD

VERGE CLEANING SERVICES AT KWAMASHU UNIT A

COMMUNITY RESIDENTIAL UNIT, SECTION 2 AND

THOKOZA COMMUNITY RESIDENTIAL UNIT

(c) WS.6199: REFUSE COLLECTION, LITTER PICKING AND ROAD

VERGE CLEANING SERVICES AT KWADABEKA AND

KLAARWATER COMMUNITY RESIDENTIAL UNITS

(Page 1)

The Executive Committee noted common reasons surrounding the extension of

contracts within the Cleansing and Solid Waste Department. It was then reiterated

that approval be given to ensure uninterrupted refuse collection and related services

within the eThekwini Municipal area on the understanding that a dedicated platform

will be provided to unpack procurement of this nature and determine new processes

to deal with new contract extension issues.

On this basis



Council approves the extension of the following contracts for refuse collection, litter

picking and road cleaning services for a period of 6 (Six) months with effect from

01 January to 30 June 2017, on a month to month basis or until new contracts are

awarded, whichever comes first:-

1.1.1 WS.6197: KwaMashu – Unit A Community Residential Unit, Section 1 and

Dalton Community Residential Unit at an additional expenditure of

R2 205 061.39 (Two Million Two Hundred and Five Thousand and

Sixty One Rand Thirty Nine Cents) to arrive at the revised contract

value of R14 003 556.24 (Fourteen Million and Three Thousand Five

Hundred and Fifty Six Rand Twenty Four Cents), excluding VAT,

it being recorded that total additional value is 42.56% above the

original value.



1.1.2 WS.6198: Refuse collection, litter picking and road verge cleaning services at

KwaMashu Unit A Community Residential Unit, Section 2 and

Thokoza Community Residential Unit at an additional expenditure of

R2 245 733.43 (Two Million Two Hundred and Forty Five Thousand

Seven Hundred and Thirty Three Rand Forty Three Cents) to arrive at

the revised contract value of R14 611 714.59 (Fourteen Million Six

Hundred and Eleven Thousand Seven Hundred and Fourteen Rand Fifty

Nine Cents), excluding VAT, it being recorded that the total additional

value is 41.95% above the original value.

1.1.3 WS.6199: Refuse collection, litter picking and road verge cleaning services at

KwaDabeka and Klaarwater Community Residential Units at an

additional expenditure of R2 007 890.69 (Two Million and Seven

Thousand Eight Hundred and Ninety Rand Sixty Nine Cents) to arrive

at the revised contract value of R12 939 226.89 (Twelve Million Nine

Hundred and Thirty Nine Thousand Two Hundred and Twenty Six

Rand Eighty Nine Cents, excluding VAT, it being recorded that the

total additional value is 48.43% above the original value.

1.2 That Council approves the reasons which necessitated the extension of contracts as

follows:-


been requested to incorporate the following key elements:-


operational area.






amendments to Contracts WS.6197; WS6198; and WS6199, in line with the

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


Vote Total Additional Contract

Authority

Financial

Certificate

Financial Year

79630.04883 R6 458 685.51 66/54 2016/17




MF – 1, DLC – 1, TA – 1, MOSA – 1, APC – 1 and AJA – 1) voted in favour and

no Councillors voted against. 46 Councillors (DA – 40 and EFF – 6) abstained

from voting.


vote, ADOPTED.



2. REQUEST FOR AUTHORITY TO USE SECTION 116 (3) OF THE MUNICIPAL

FINANCE MANAGEMENT ACT TO EXTEND CONTRACT WS.6438: REFUSE

COLLECTION AND STREET CLEANING IN MPUMALANGA UNITS 3, 4 AND

6 (9/1/4)

(Page 4)



Council approves the extension Contract WS.6438 for refuse collection and street

cleaning in Mpumalanga Units 3, 4 and 6 (Woodyglen) for a period of 6 (Six)

months with effect from 01 January to 30 June 2017, on a month to month basis or

until new contracts are awarded, whichever comes first at an additional expenditure

of R1 744 030.51 (One Million Seven Hundred and Forty Four Thousand and Thirty

Rand Fifty One Cents) excluding VAT, and thus a revised contract authority of

R13 173 439.92 (Thirteen Million One Hundred and Seventy Three Rand Four

Hundred and Thirty Nine Rand Ninety Two Cents).

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

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

Contracts WS.6438, in line with the requirements of Section 116 (3) of the Municipal

Finance Management Act.


Vote Additional Contract Authority Financial Certificate Financial Year

79283.04883 R1 744 030.51 66/55 2016/17




MF – 1, DLC – 1, TA – 1, MOSA – 1, APC – 1 and AJA – 1) voted in favour and

7 EFF Councillors voted against. 46 DA Councillors abstained from voting.


vote, ADOPTED.

3. APPROVAL FOR A WAIVER TO SIGN DEEDS OF SURETYSHIP BY THE

DIRECTORS OF THE LISTED COMPANIES UPON APPLICATION FOR

MUNICIPAL SERVICES (7/6/2/R)

(Page 6)

In considering the request by Directors of listed companies to waive suretyship with

respect to application for Municipal Services, the Committee recommended to grant

approval subject to an amendment that the request and the approval thereof be further

considered during a process to review the Credit Control and Debt Management

Policy. The intention by Management to put other mechanisms in place to ensure

companies honour their obligations with regard to Municipal services was supported.




3.1 That Council notes that Clause 3.12(e) of the Credit Control and Debt Management

Policy currently makes provision for Directors of listed companies to bind

themselves jointly and severally to the eThekwini Municipality as sureties in solidum

for and co-principal debtors with the applicant who has applied for water, electricity

and other Municipal services where principal debtor signs an acknowledgement

of debt and consent to judgment.

3.2 That Council approves the request to waive the implementation of Clause 3.12(e) of

the Credit Control and Debt Management Policy to the Directors of the listed

companies to enable them not to provide or sign a Deeds of Suretyship upon

application for the Municipal Services based on their explanation that they only have

an oversight responsibility to the listed companies but they are not shareholders and

they hold no personal interest to the company to be personally liable.

3.3 That Council grants approval for the Deputy City Manager: Finance to introduce and

implement stringent measures necessary to be applied to the listed companies in

order to achieve optimum level of collection and to secure debts from such

customers.

3.4 That the approval granted in terms of 3.2 above will be reconsidered upon the annual

review of the Credit Control and Debt Management Policy by the Municipality.

ADOPTED.

4. NOMINATION OF ETHEKWINI MUNICIPALITY BY THE PROVINCIAL

DEPARTMENT OF CO-OPERATIVE GOVERNANCE AND TRADITIONAL

AFFAIRS TO PARTICIPATE IN EXPANDED PUBLIC WORKS PROGRAMME

(4/3/5/3)

(Page 24)

The nomination of eThekwini Municipality by the KwaZulu-Natal (KZN)

Department of Co-operative Governance (COGTA) to participate in the Expanded

Public Works Programme (EPWP) was acknowledged with great appreciation.

A request was then put forward that appointment of local people should be

undertaken in a fair and transparent manner to ensure all Municipal Wards benefit in

this programme and for effective oversight role over the Programme. On the issue of

the stipend, the discussion ensued centred on the concern that this appears to be

below the minimum required. It was then agreed that should a decision be taken to

supplement the stipend by COGTA the Deputy City Manager: Finance will be

requested to consider adjusting budget and report accordingly thereon.

In support of the foregoing,


4.1 That Council approves the nomination of eThekwini Municipality by the Provincial

COGTA to implement the EPWP, a national programme aimed at addressing

unemployment and alleviate poverty at the local community level.



4.2 That Council notes that KZN COGTA has allocated a number of 1 000

(One Thousand) work opportunities to form part of the EPWP and the intention to

engage eThekwini residents on a part-time basis for labour intensive programme at a

rate of R81.00 (Eighty One Rand) per day for 8 (Eight days) for the duration of

12 (Twelve) months.

4.3 That Council notes INSIKA Foundation has been appointed by the KZN COGTA as

an implementing agent that will work closely with eThekwini Municipality.

FIRST MOTION TO AMEND

In terms of Rule of Order 20(4), Her Worship the Mayor, Councillor

ZRT Gumede, seconded by Councillor F Peer, moved as a procedural motion

that the above-mentioned recommendations of the Executive Committee be

amended in 4.2 above, by the deletion of the figure and words in brackets “for 8

(Eight days)” and by the substitution therefor of the words and punctuation

“in line with the eThekwini Municipality’s EPWP working hours and days”

CARRIED

The above-mentioned motion to amend was unanimously CARRIED.

SECOND MOTION TO AMEND

In terms of Rule of Order 20(4), Councillor MM Mthembu, seconded by

Councillor BA Fortein, moved as a procedural motion that the above-mentioned

recommendations of the Executive Committee be amended by the addition of

the following recommendation 4.4:-

“4.4 That any additional funding that may be required arising from the

equalization of wages to EPWP staff in eThekwini will be covered in the

adjustment budget”

CARRIED

The above-mentioned motion to amend was unanimously CARRIED

Thereafter, it was

RESOLVED:

4.1 That Council approves the nomination of eThekwini Municipality by the

Provincial COGTA to implement the EPWP, a national programme aimed at

addressing unemployment and alleviate poverty at the local community level.

4.2 That Council notes that KZN COGTA has allocated a number of 1 000

(One Thousand) work opportunities to form part of the EPWP and the

intention to engage eThekwini residents on a part-time basis for labour

intensive programme at a rate of R81.00 (Eighty One Rand) per day, in line

with the eThekwini Municipality’s EPWP working hours and days, for the

duration of 12 (Twelve) months.



4.3 That Council notes INSIKA Foundation has been appointed by the

KZN COGTA as an implementing agent that will work closely with eThekwini

Municipality.

4.4 That any additional funding that may be required arising from the equalization

of wages to EPWP staff in eThekwini will be covered in the adjustment budget.

5. UPDATE ON DROUGHT CRISIS AND REQUEST FOR FUNDING

AUTHORITY TO IMPLEMENT NECESSARY INTERVENTIONS (23/1/4)

(Page 26)

The continued drought crisis was noted as per the latest developments presented in

the meeting. It was acknowledged that the Municipality should take responsibility to

supply local communities facing water supply challenges but that the costs thereof be

relooked with a view to undertaking this service in a cost-effective manner.

Furthermore, that the Unit look into other alternative methods which could be

implemented to supply water to the local communities other than using only water

tankers. The Committee then approved the interventions proposed but that the costs

be revised and a further report be submitted to the Human Settlements and

Infrastructure Committee as well as the Executive Committee.


5.1 That Council notes that eThekwini is amongst the areas in South Africa currently

experiencing worst drought and the biggest dams have low water levels thus Umgeni

Water is continuing to reduce water supply to eThekwini Municipal areas in line with

the Minister of Water & Sanitation's directive to reduce demand by 15% resulting in

some Wards going without water for days at times.

5.2 That Council notes that to alleviate water supply challenges in certain areas a number

of 40 (Forty) water tankers are deployed daily in different areas of eThekwini

Municipality and that the total expenditure as at 30 September 2016 is estimated at

R35 Million which relates to the installation of flow limiters; installation of

restrictors; hire of water tankers; hire of backfill contractors and the overtime costs

for operations.

5.3 That Council notes the other interventions by the City to address water supply

challenges, including the appointment of 103 (One Hundred and Three) EPWP

employees to expedite reporting of water pipe burst and leaks; launch of WhatsApp

facility to strengthen water faults reporting; capacitating contractors to undertake

repairs; increasing a pool of human capital and equipment to enhance internal

maintenance capacity.

5.4 That the Head: Water and Sanitation review the total costs of R64 500 000.00 (Sixty

Four Million Five Hundred Thousand Rand) required for a period of 6 (Six) months

to continue implementing water supply interventions and thereafter submit a revised

report to the Human Settlements and Infrastructure Committee and the Executive

Committee.

ADOPTED.



6. REQUEST FOR AUTHORITY TO ESTABLISH QUASI-JUDICIAL

COMMITTEE FOR TOWN PLANNING APPEALS (3/7)

(Page L10)


6.1 That authority be granted for the Executive Committee to establish the Town

Planning Appeals Committee to play a quasi-judicial role.

6.2 That emanating from 6.1 above, Terms of Reference for Appeals Authority and

Town Planning Appeals Committee be developed to enable the immediate

functioning of these Committees.

6.3 That Council be advised that the Executive Committee will assume its responsibility

as the Appeals Authority for appeals against Town Planning decisions.

6.4 That the Executive Committee reports to Council on the Terms of Reference once

they are developed for these to be formally adopted.


Executive Committee, contending that the Executive Committee was not

suitably qualified to act as the Appeals Authority for appeals against Town

Planning decisions, the matter was put to the vote. With 187 Councillors


DLC – 1, TA – 1, MOSA – 1, APC – 1 and AJA – 1) voted in favour and

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


vote, ADOPTED.

The Democratic Alliance requested a division and their names are recorded

hereunder:

Councillors SV Asbury, A Beetge, MC Bhengu, M Brauteseth,

WJD Burne, I Cassimjee, J Chetty, TP Collins, RJ Crouch, M David,

HU De Boer, G Govender, S Govender, NL Graham, PJC Graham, MH Haniff,

GJ Hegter, S Hoosen, M Johnson, KNN Khubone, ZW Khuzwayo, CJ Laing,

CB Langa, LM Meyer, A Maharajh, RD Macpherson, SE Mhlongo, AZ Mkhize,

ZM Mncwango, SNL Mshengu, TM Mthethwa, N Munien, BD Naidoo, M Nair,

X Nala, S Ngema, DR Nowbuth, GM Noyce, PB Ntuli, CJ Pappas, DR Pillay,

DT Pillay KR Pillay, JP Prinsloo, GDA Pullan, A Rampersad, S Ryley,

S Sewshankar, B Shabane, B Singh, Sagar Singh, Samier Singh, AD Snyman,

M Tembe, JC Van den Berg and SM Windvogel.

7. CREATION OF CAPACITY FOR THE OPERATION SUKUMA SAKHE AND

EXPANDED PUBLIC WORKS PROGRAMME MANAGEMENT (4/1/1/2/4)

(Page L11)

It was unanimously agreed that a dedicated structure was required to oversee the

functions of Operation Sukuma Sakhe and EPWP Management. Confirmation was

given that providing a dedicated structure is in line with the requirements of the

Department of Public Works on EPWP and that concerns have been expressed that

eThekwini lacks an effective co-ordinating structure for this function.



It was noted that the creation of structure will cost in the region of R65 Million and

that the establishment thereof was an urgent requirement. It was then considered

important to understand the staffing issues in relation to the key focus areas in line

with the EPWP objectives and the costs involved. The attention was then drawn to

the fact that staffing is an administrative issue which would be dealt with separately

following the appropriate processes including the Grading process and Labour

involvement and also conducting workshops for the relevant stakeholders. Therefore,

supporting the creation of the structure was considered important at this stage.

Given the circumstances,


7.1 That Council approves the creation of capacity for the Operation Sukuma Sakhe and

Expanded Public Works Programme Management, as per the attached organogram,

to co-ordinate planning and implementation of the aforementioned programmes, in

line with the Provincial Strategy to fight social ills including poverty.

7.2 That the estimated financial implications in the amount of R65 Million be approved

for the establishment of the Operation Sukuma Sakhe and Expanded Public Works

Management structure, on the basis that the formalities involved in the creation of

this structure will be dealt with in line with the relevant policies and procedures and

feedback report will be submitted to the Executive Committee and Council

in this regard.

During discussion of the above-mentioned recommendations of the Executive

Committee some Councillors made the point that whilst they supported the

Sukuma Sakhe and the Expanded Public Works Programme initiatives,

they could not support an organogram that would have financial implications in

the amount of R65 million for the establishment of such initiatives.

In that regard the matter was put to the vote. With 187 Councillors present,

122 Councillors (ANC – 106, IFP – 7, INDEPENDENT – 4, AIC – 2, DLC – 1,

TA – 1 and MOSA – 1) voted in favour and 56 DA Councillors voted against.

9 Councillors (EFF – 7, APC – 1 and AJA – 1) abstained from voting.


vote, ADOPTED.

The Democratic Alliance requested a division and their names are recorded

hereunder:-

Councillors SV Asbury, A Beetge, MC Bhengu, M Brauteseth, WJD Burne,

I Cassimjee, J Chetty, TP Collins, RJ Crouch, M David, HU De Boer,

G Govender, S Govender, NL Graham, PJC Graham, MH Haniff, GJ Hegter,

S Hoosen, M Johnson, KNN Khubone, ZW Khuzwayo, CJ Laing, CB Langa,

LM Meyer, A Maharajh, RD Macpherson, SE Mhlongo, AZ Mkhize,

ZM Mncwango, SNL Mshengu, TM Mthethwa, N Munien, BD Naidoo, M Nair,

X Nala, S Ngema, DR Nowbuth, GM Noyce, PB Ntuli, CJ Pappas, DR Pillay,

DT Pillay KR Pillay, JP Prinsloo, GDA Pullan, A Rampersad, S Ryley,

S Sewshankar, B Shabane, B Singh, Sagar Singh, Samier Singh, AD Snyman,

M Tembe, JC Van den Berg and SM Windvogel.



NOTICES OF MOTION

IN TERMS OF SECTION 18 OF THE RULES OF ORDER

Prior to consideration of the under-mentioned Notice of Motions the Speaker

advised that he had received a Notice of Motion from Councillor S Hoosen

today, relative to basic service delivery in informal settlements. He indicated

that in terms of the Rules and with due process having been followed, he had

rejected such Notice of Motion.

1. NOTICE OF MOTION: FEASIBILITY OF OPENING LIBRARIES ON

SUNDAYS FOR SCHOLARS AND STUDENTS: PROPOSER: COUNCILLOR

B SINGH AND SECONDER: COUNCILLOR S HOOSEN (34/3/2):

This Council noting that:-

KZN had recorded the biggest fall of matric pass rate in 2015, which requires

strategic intervention from the City. Scholars and students are restricted on a Sunday

from making use of the facilities at libraries, i.e. Wi-fi, photocopier, research books

and computers. Studying on a Sunday make students unable to access the tools to

better equip themselves. Therefore should have access to this vital facility.

Hereby resolves that the Executive Committee investigates to:-

1. Conduct a survey via Community Participation, for all schools within

eThekwini on the feasibility of opening the libraries on Sundays, and report

back to Council.

Councillor B Singh moved his Notice of Motion and thereafter motivated same.

As not all Councillors were in support of the Motion the matter was put to

the vote.

With 184 Councillors present, 62 Councillors (DA – 5 and EFF –7) voted in

favour and 122 Councillors (ANC- 105, IFP – 7, INDEPENDENT – 3, AIC – 2,

DLC – 1, TA – 1, MOSA – 1, APC – 1 and AJA – 1) voted against. There were

no abstentions recorded.

The above-mentioned Notice of Motion by Councillor B Singh was, by the

majority vote, NOT ADOPTED.

2. NOTICE OF MOTION: ADVERTISING OF DIWALI CELEBRATION ON

ETHEKWINI MEDIA: PROPOSER: COUNCILLOR EL SINGH AND

SECONDER: COUNCILLOR SAMIER SINGH (12/3/1/1):


Diwali is an ancient festival celebrated by all Hindus all over the world. Diwali

represents the victory of Good over Evil.

With Durban having the largest Indian diaspora living outside of India, it is

customary that all Hindus and Tamils in Durban celebrate this Religious event also

known as the ‘Festival of Lights’, This year Diwali is on the 30th October 2016.



Hereby resolves that the Executive Committee consider:-

1. Designing an advert, wishing the Hindu Community, a “Happy Diwali”.

2. To place this on the eThekwini Website, eThekwini Facebook page, in the

Metro Beat and any other medium, that Council sees fit.

As Councillor EL Singh was not present for this item, her Notice of Motion was

NOT MOVED. Consequently, the Notice of Motion LAPSED.

3. NOTICE OF MOTION: POLICY TO DEAL WITH TELECOMMUNICATION

INFRASTRUCTURE: PROPOSER: COUNCILLOR S RYLEY AND SECONDER:

COUNCILLOR P GRAHAM (21/7/11):


The recent proliferation of applications made to the Municipality to install cellular

telecommunications masts in residential areas has caused widespread unease

amongst residents concerned about the perceived dangers of this infrastructure, and;

The apparent absence of the existence of any policy specifically governing the

implementation and installation of cellular telecommunications infrastructure within

the area of jurisdiction of the eThekwini Municipality.

Hereby resolves that the Executive Committee investigates:-

The possibility of proposing and implementing a codified policy to deal with

telecommunication infrastructure by assessing the success of such policies which

already exist in other metropolitan cities in South Africa.

The intention being to increase the value of public participation when deciding on

applications to install telecommunications infrastructure.

Councillor S Ryley moved his Notice of Motion and thereafter motivated same.

As not all Councillors were in support of the Motion the matter was put to the

vote.

With 184 Councillors present, 63 Councillors (DA – 56 and IFP – 7) voted in

favour and 115 Councillors (ANC- 104, INDEPENDENT – 4, AIC – 2, DLC– 1,

TA – 1, MOSA – 1, APC – 1 and AJA – 1) voted against. There were no

abstentions recorded.

The above-mentioned Notice of Motion by Councillor S Ryley was, by the

majority vote, NOT ADOPTED.



REPORT OF COMMITTEE DECISIONS

Decisions of Committees reflected below have been reported to Council by way of circulating

minutes of such Committees to each Member of the Council:-

1. EXECUTIVE COMMITTEE

Meetings held on : 2016-09-20

: 2016-09-21

: 2016-09-27

2. HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE

Meeting held on : 2016-10-11

3. SPEAKER’S COMMITTEE

Meeting held on : 2016-09-26

NOTED.

_______________

ITEMS FOR NOTING

The Items for Noting, as reflected on Pages 25 to 30 of the Agenda were NOTED.

__________________

The meeting terminated at 15:30.

CONFIRMED AT THE MEETING OF THE ETHEKWINI COUNCIL ON 2016-12-08

REPORT BY MAYOR AND IN – COMMITTEE COUNCIL MEETING

Her Worship the Mayor advised that she did not have a report to present.

However, she requested that she had an item that required in-committee

consideration by Council.

In that regard the City Manager; Deputy City Managers, representatives from Legal

Services and Compliance, Media; Distinguished Guests and Members of the

Administration left the meeting to enable the Council to proceed In Committee.

_________________

The meeting terminated at 14:55.

CONFIRMED AT THE MEETING OF THE ETHEKWINI COUNCIL ON

2016-12-08

SPEAKER

Documents

OF eThekwini Council Minutes and... · presentation on Operation Sukuma Sakhe at this meeting of the Council. The Speaker announced that today was the birthday of the late African