decisions - council - 2015-05-27 minutes and... · web viewthat the following resolutions...

KRR(2015-05-27)(SAM)[CHALL-130927] 2015-05-29

COUNCIL DECISION CIRCULAR : MEETINGS HELD ON 2015-05-27

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council on 2015-05-27. The Council meeting was held in two sessions. The First Session related to consideration of the 2015/2016 Budget and the Second Session related to consideration of items which are normally considered at the monthly scheduled meetings of the Council.

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

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

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

- 2 - eThekwini Municipality (2015-05-27COUNCIL DECISIONS

FIRST SESSION

SECOND REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2015-05-26 – BUDGET

1. BUDGETS 2015/16 – 2017/18 (MTREF)

(69)

COMMITTEE RECOMMENDS:

That the following resolutions approving the 2015/16 – 2017/18 MTREF of the eThekwini Municipality and its entities tabled in terms of Section 24 of the Municipal Finance Management Act (MFMA), be approved by Council.

That note betaken of the contents of the budget documentation circulated in accordance with the Municipal Finance Management Act, No.56 of 2003.

1.1 Estimates of Income and Expenditure:

1.1.1 That in terms of section 24 of the Municipal Finance Management Act, 56 of 2003, the annual budget of the municipality for the financial year 2015/16; and indicative allocations for the two projected outer years 2016/17 and 2017/18; and the multi-year and single year capital appropriations be approved as set-out in the following tables of the budget document:-

● Budgeted Financial Performance (Revenue and Expenditure by Standard Classification) (Table A2; Page 67)

● Budgeted Financial Performance (Revenue and Expenditure by Municipal Vote) (Table A3; Page 68)

● Budgeted Financial Performance (Revenue by Source and Expenditure by Type) (Table A4; Page 69)

● Multi-year and single year capital appropriations by municipal vote and standard classification and associated funding by source (Table A5; Page 70)

1.1.2 That the financial position, cash flow, cash-backed reserve/accumulated surplus, asset management and basic service delivery targets are adopted as set out in the following tables:-

● Budgeted Financial Position (Table A6; Page 72)● Budgeted Cash Flows (Table A7; Page 74)● Asset Management (Table A9; Page 76)● Basic Service Delivery Measurement (Table A10; Page 78)

1.2 Municipal Entities:

That the Municipal Entities budget as reflected on pages 297 to 322of the budget document, be approved.

1.3 Recapitulation: Valuation of Rateable Property:

That it be recorded that the recapitulation certificate summarising the valuations of rateable property, as certified by the City Valuer, have been circulated.


The following resolutions, pertaining to property rates (items 1.4 to 1.9) and in conformity with the provisions of Section 14 of the Local Government: Municipal Property Rates Act 6 of 2004 and Sections 17 (3) (a) (ii) and 24 (2) (c) (i) of the Local Government: Municipal Finance Management Act 56 of 2003, be adopted.

1.4 Determination of Rates:

In terms of the amended Rates Policy adopted in principle by Council on 29 January 2015 and to be adopted with the budget, the Municipality may levy different Rates for different categories of Property.

That the rate randage for the said financial year for the eThekwini Municipality, be and is hereby assessed and levied for the following categories at:-

Categories 2015/2016Cents in the rand

2016/2017Cents in the rand

2017/2018Cents in the rand

Residential at 1.115 1.187 1.270

Agricultural at 0.279 0.297 0.318

Industrial at 3.262 3.474 3.717

Business and commercial at 2.528 2.692 2.880

Public service infrastructure at 0.279 0.297 0.318

Vacant land at 4.998 5.323 5.696

Unauthorised or illegal development at

5.574 5.936 6.352

Rural Residential at 1.115 1.187 1.270

Development Phasing Line at 1.649 1.757 1.880

Multiple-Use Property will be dealt with in accordance with the Rates Policy.

1.5 Exemptions, Rebates and Reductions:

That the following reductions on the market value of the property and rebates on the rates payable, be and are hereby granted in accordance with the Rates Policy.

1.5.1 Residential Property:

That in addition to the statutory reduction of R15 000, a further reduction of R105 000 be and is hereby approved for property values exceeding R185 000. Property values not exceeding R185 000 are exempted from paying rates. The conversion of the aforementioned residential reduction into an application driven rebate is hereby extended by one year to the 2016/2017 financial year.

1.5.2 Public Benefit Organisations:

That on application and approval, only Public Benefit Organisations listed in Clause 7.5 of the Municipality’s Rates Policy 2015/2016 shall receive an exemption from rates.


1.5.3 Senior Citizens, Disability Grantees / Medically Boarded Persons and Child Headed Households:

1.5.3.1 That in addition to the reduction in 5.1 above, a rebate not exceeding R3 623 per annum or such lesser amount as may otherwise be payable, be and is hereby approved for qualifying pensioners, disability grantees / medically boarded persons and child headed households as defined in the indigent policy.

1.5.3.2 That it be and is hereby resolved to place a maximum limit of R3 million on the value of the property, in order to qualify for the senior citizens rebate in 1.5.3.1 above.

1.5.4 Life Rights Schemes and Retirement Villages:

That on application and approval, a 25% rebate be granted to Life Rights Schemes and Retirement Villages registered in terms of the Housing Development Scheme for Retired Persons Act 65 of 1988.

1.5.5 Schools Not for Gain:

That a rebate of 50% be and is hereby granted to qualifying schools not for gain.

1.5.6 Bed and Breakfast Undertakings:

That on application and approval a rebate of 50% be granted to all Bed and Breakfast establishments, that have a valid Registration Certificate issued by eThekwini Municipality.

1.5.7 Guest House Undertakings:

That on application and approval a rebate of 25% be granted to all Guest House undertakings, that have a valid Registration Certificate issued by eThekwini Municipality.

1.5.8 Back–Packer Lodges, Holiday Accommodation and Student Accommodation:

1.5.8.1 That on application and approval, the following rebates shall apply to Back-packer establishments that have a valid Registration Certificate issued by eThekwini Municipality:-

(a) Where up to 40 beds are available to guests, a rebate not exceeding 50% will apply;

(b) Where up to 80 beds are available to guests, a rebate not exceeding 25% will apply;

1.5.8.2 That on application and approval, property let out for the purposes of Holiday Accommodation for reward, be granted a rebate of 25%

1.5.8.3 That on application, property let out for the purposes of Student Accommodation, be granted a rebate of 25%.


1.5.9 Natural and Other Disasters:

1.5.9.1 That on application and approval a temporary rebate of 75% be granted in respect of property damaged by disaster for a period of six months or a portion thereof.

1.5.9.2 That on application and approval, that a further temporary rebate of 75% be granted thereafter for a period not exceeding six months.

1.5.9.3 That the rebate is granted on the category of property prior to damage.

1.5.10 Vacant Land:

That the reduction of R30 000 on the market value of Vacant Land outside the Development Phasing Line be re-introduced effective from 1 July 2015.

1.5.11 Municipal Properties:

All municipal owned properties are exempted from property rates, except for trading services.

1.5.12 Nature Reserves and Conversation Areas:

That on application and approval, nature reserves and conservation areas shall be excluded from rates.

1.5.13 Economic Development:

Developments as indicated in the Incentive Policy of Council and as defined in the rates policy and which fall within the Development nodes approved by Council shall receive a rebate as approved by Council on application and will be limited to:-

(i) Green field development as defined in policy; and(iii) Brown Field development will receive a rebate as per the table below:-

VALUE OF DEVELOPMENTR (MILLIONS)

REBATE ON TAX PAYABLE IN PERCENTAGE

0 - 50 15%

51 - 150 25%

151 - 300 50%

301 and above 65%

1.5.14 Special Rating Areas:

1.5.14.1 That the Special Rating Areas as indicated in Annexure A hereto, be and are hereby established.

1.5.14.2 That in respect of the Special Rating Areas additional rates, as indicated in Annexure A hereto, be approved and levied in respect of each category of property within the boundaries of the Special Rating Area.


1.5.15 Consulates:

That where a consulate claims exemption from rates, such rates shall be payable by the Department of International Relations and Co-operation.

1.6 Phasing in of Rates:

1.6.1 That the following phasing in of rates be and are hereby approved subject to Section 21 of The Local Government: Municipal Property Rates Act 6 of 2004:-

1.6.1.1 A rate levied on newly rateable property must be phased in over a period of three financial years.

1.6.1.2 A rate levied on property belonging to a Land Reform Beneficiary or his or her heirs must, after ten years from the date on which such beneficiary’s title was registered in the office of the Registrar of Deeds, be phased in over a period of three financial years.

The phasing in discount on properties referred to in 1.6.1.1 and 1.6.1.2 above will apply as follows:-

(a) 75% in the first year (b) 50% in the second year (c) 25% in the third year

1.6.1.3 A rate levied on newly rateable property owned and used by organizations conducting specified public benefit activities and registered in terms of the Income Tax Act for those activities must be phased in over a period of four financial years, with the following phasing in discounts:-

(a) 100% in the first year (b) 75% in the second year (c) 50% in the third year (d) 25% in the fourth year

1.7 Date of Operation of Determination of Rates:

That this determination comes into operation on 1 July 2015.

1.8 Final Date for Payment of Rates:

1.8.1 Where rates are payable in monthly instalments, such payments shall be in twelve (12) equal or near equal instalments payable 21 days from the date of account.

1.8.2 Where rates are payable annually the final date for payment shall be 31 October 2015, provided that where this date falls on a Sunday or public holiday payment shall occur on the last working day prior to such Sunday or public holiday.

1.9 Administration Charge on Arrear Rates:

That the administration charge on arrear rates as referred to in Section 11.6 of the Credit Control and Debt Collection Policy is determined at 10%. Collection of arrear rates is in accordance with the Credit Control and Debt Collection Policy.


1.10 Interest on Arrears:

That Council shall determine the interest rate on arrear accounts, it being noted that the current interest rate is currently at prime plus 1%.

1.11 Other Tariffs and Charges:

1.11.1 That other tariffs and charges as circulated with the budget document in terms of section 24(2)(c)(i) and (ii) be approved for the financial year commencing 1 July 2015.

1.11.2 That the average Electricity Tariff increase of 12.2%, be hereby approved by Council, it being recorded that in view of the application approving this tariff increase is yet to be processed by NERSA and a proposed additional increase of the bulk purchase tariff by Eskom, a report on any future impact on eThekwini’s electricity tariff will need to be considered by the Council.

1.11.3 That the average Water tariff increases of 9.5% for residential properties and 12.9% for commercial properties be hereby approved by Council.

1.12 Domestic Water Debt Relief Programme:

That it be and is hereby resolved to place a maximum limit of R250 000 on the rateable value of the property in order to qualify for the Water Debt Relief Program.

1.13 Electricity Debt Recovery Using the 80/20% or 50/50% Prepayment System:

That it be and is hereby resolved to place a maximum limit of R250 000 on the rateable value of the property in order for a private residential property to qualify for the electricity 80/20% or 50/50% prepayment debt recovery facility.

1.14 Budget Related Policies:

1.14.1 Rates Policy:

That the Rates Policy reviewed and amended in terms of Section 5 of the Municipal Property Rates Act 6 of 2004 and Section 17(3)(e) of the Local Government: Municipal Finance Management Act 56 of 2003, be and is hereby adopted with the budget.

1.14.2 Credit Control and Debt Collection Policy:

The Credit Control and Debt Collection Policy adopted by Council on 19 March 2014 is currently under review.

1.14.3 Tariff Policy:

The Tariff Policy adopted by Council on 14 May 2013 remains unchanged.


1.14.4 Funding and Reserves Policy:

The Funding and Reserves Policy adopted by Council on 3 May 2010 remains unchanged.

1.14.5 Budget Policy:

That the Budget Policy approved by Council on 23 February 2011 remains unchanged.

1.14.6 Other Budget Related Policies:

That in terms of Section 24(2)(c)(v) of the Municipal Finance Management Act, 56 of 2003, there are no proposed amendments to any other budget related policies.

1.15 Capital Expenditure Estimate:

1.15.1 That in those instances where information has been provided in terms of Section 19(2)(b) of the Municipal Finance Management Act No. 56 of 2003, together with project procurement scheduling, the approval of the capital budget constitutes project approval for the specific projects as reflected in the detailed capital budget. It being noted that project budgets will be re-prioritised if departments fail to submit their project procurement schedules.

1.15.2 Where information in terms of Section 19(2)(b) is not provided, specific project approval is to be sought from Council during the course of the year and that approval by Council be given only if the report seeking approval is accompanied by the specific project procurement schedule.

1.15.3 That the capital budget procurement process commenced with the approval of the tabled budget.

1.15.4 That the spend on the capital budget for the first 6 months of the financial year is targeted at not less than 35%.

1.16 Borrowings to Finance the Capital Budget:

That authority be sought from Council for the raising of appropriate long term debt in terms of Section 46 of the Municipal Finance Management Act No 56 of 2003, to finance in part the municipality’s capital budget over the MTREF period.

1.17 Housing/Hostels Deficit:

1.17.1 That the estimated Formal Housing Deficit of R45m for the 2015/2016 financial year be met from the Rate Fund.

1.17.2 That the estimated New Development Housing and Hostels deficit of R308.9m be funded from the Rate Fund.

1.17.3 That appropriate interventions be escalated by the Executive Committee including, inter alia, the phased introduction of economic rentals, the constructive engagement of the Provincial State Authorities to secure additional funding and strategies to reduce electricity and water consumption.

1.17.4 That the 6 500 housing units built per annum and currently provided for is dependent on additional funding being sourced, in negotiations with the Provincial Authorities, and that a report on any future impact of the funding sourced, will need to be considered by the Committee.


1.18 New Functions/ Services:

That no new functions or service be introduced without specific approval thereto by the Council after full consideration of the effect thereof on the Council’s Budget.

1.19 Measurable Performance Objectives:

That in terms of Section 24(2)(c)(iii) of the Municipal Finance Management Act No. 56 of 2003, the measurable performance objectives for capital and operating expenditure by vote for each year of the medium term revenue and expenditure framework as set out in Table SA7 (Page 136) of the budget document, be approved.

1.20 Integrated Development Plan (IDP):

That the draft reviewed Municipality’s Integrated Development Plan (IDP) was tabled with the budget in terms of Section 17(3)(d) of the Municipal Finance Management Act No.56 of 2003, it being recorded that the annual review process as prescribed in terms of Section 34 of the Municipal Systems Act, is continuing and that report to the Executive Committee will be submitted on completion of the consultative process.

1.21 Particulars of Investments:

That in terms of Section 17 (3) (f) of the Municipal Finance Management Act No. 56 of 2003, particulars of the Councils investments are reflected in Tables SA15 - SA16 (Pages 146 - 147) of the budget document.

1.22 Remuneration of Councillors and Senior Officials:

That in terms of Section 17(3)(k) of the Municipal Finance Management Act No.56 of 2003 that the proposed cost to Council of the salary, allowances and benefits of each political office bearer, Councillor and senior officials of the municipality and its entities, is reflected in Tables SA22 – SA23 (Pages 155 - 156), of the budget document.

1.23 Unfunded Mandates:

That the Council make representation to the Provincial and National Government regarding unfunded mandates presently undertaken by the Municipality with a view to securing funding for those services.

The cost of unfunded mandates is set out hereunder:-R’ m

Libraries 184.1

Health – other than municipal health services 353.3

Museums 56.7

Housing: New Development and Hostels 308.9

Formal Housing 45.0

948.0


1.24 Impact of Housing Expenditure on the Cash Reserves:

That Council make representation to the Premier of the KwaZulu-Natal Province regarding expenditure incurred by the municipality amounting to R3.3 billion as at 28 February 2015 for the construction and provision of housing done on an agency basis on behalf of the KZN Department of Human Settlements (KZN DOHS) in order to secure funding.

In addition, in order to avoid the cash reserves dropping below prudent levels that could negatively impact our good credit rating, the municipality should only implement KZN DOHS approved housing projects and implementation (incl. invoicing and submission of claims to KZN DOHS) of these approved projects to be in line with the approved KZN DOHS budget and cash flows.

1.25 Free Basic Services:

That the Basic Services Package as set out on page 90 of the budget document, be approved for the budget year 2015/2016.

1.26 Off Balance Sheet Financing:

That approval in principle be granted for alternate financing options/models to be considered, incorporating but not limited to Sect 33 (Contracts having future budgetary implications) of the MFMA type arrangements, to finance major infrastructure works requiring significant capital sums over several years where risks and rewards are equitably shared between the municipality and its chosen partner/s. Each specific project will be submitted to Council for consideration.

ANNEXURE A – 2015/16ADDITIONAL RATES LEVIED ON SPECIAL RATING AREAS (1.5.14 REFERS)

Special Rating Areas Residential Business and Commercial Industrial Vacant

Land Agriculture

a) Precincts bordered by Monty Naicker, Dorothy Nyembe, Anton Lembede and Dr Yusuf Dadoo Streets. (CBD Precinct)

0,001095 0,003286 0 0 0

b) Precinct bordered by Soldiers Way, Dr AB Xuma Road, Florence Nzama Street and Bram Fischer Road. (North East Business Precinct)

0 0,000525 0,000613 0,000876 0

c) Precinct bordered by Dorothy Nyembe Street, Margaret Mncadi Avenue, Beach Walk and Anton Lembede Street. (North East Business Precinct)

0 0,000525 0,000613 0,000876 0

d) Precinct bordered by Soldiers Way, Bram Fischer Road, Sylvester Ntuli, KE Masinga and Archie Gumede (Place) Roads. (North East Business Precinct)

0 0,000525 0,000613 0,000876 0

e) Precinct bordered by OR Tambo Parade, DrPixleyKaSeme Street Mall, Rutherford and Gillespie Streets (South Beach Precinct).

0,001677 0,005032 0 0,008386 0

f) Umhlanga Promenade Precinct bordered by Ocean Way (South), Lot 430 (North), Lagoon Drive (West) and the Indian Ocean (East).

0,000786 0,002358 0 0,003931 0


Special Rating Areas Residential Business and Commercial Industrial Vacant

Land Agriculture

g) Precinct bordered by Burlington Road, Burlington Drive, Nagel Road, Windsor Road, Midmar Road and Henley Road.

0,003100 0,009300 0 0,015500 0

h) Umhlanga Village Precinct bordered by Flamingo Lane, Ocean Way, Lagoon Drive, McCauland Crescent, Weaver Crescent and the Ruth First Highway.

0 0,002022 0 0 0

i) Giba Gorge bordered by N3 Highway (South), Reservoir Road, Jan Smuts Avenue, Galloway Lane, Mountbatten Place, Alexander Drive, King Cetshwayo Highway (East), Portion 157 of Clifton (North) to Saint Helier Road (West)

0,000489 0 0 0,000489 0,000489

j) Maytime Community bordered by M13 Highway, Woodside Avenue, Haygarth Road, Abrey Road, Msonti, Quilhall Lane, Alexander Avenue, Mtonbi and Victory Road.

0,003909 0,003909 0,003909 0,003909 0

k) Area consisting of the length of Florida Road, from Lillian Road to Mitchell’s Park, including properties on both sides of Florida Road.

0 0,006522 0,006522 0 0

ADOPTED by majority vote.


SECOND SESSION

1. FIRST REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2015-05-12

1.1 REQUEST FOR APPROVAL OF APPOINTMENT OF NEW AUDIT COMMITTEE MEMBERS (3/2/2)

(Page 37)


1.1.1 That Council approves the appointment of Ms Bongekile Zulu; Mr. Danie Bosch; Ms Nala Mhlongo; Ms Londiwe Mthembu; and Mr. Themba Radebe, as the five new members to serve on the eThekwini Municipality Audit Committee for a period of three years, with effect from 30 May 2015 to 29 May 2018, it being recorded that the three-year term may be extended with the approval of Council and in line with the requirements of Circular No. 65 of the Municipal Finance Management Act.

1.1.2 That Council notes that the new members collectively possess the requisite balance of skills that relate to Risk Management; Information & Communications Technology; Financial Management; Auditing; Law; Performance Information; and Audit Committee membership experience within the Municipal environment.

1.1.3 That Council notes that the Internal Audit Unit will facilitate orientation of the new members to introduce them to the business of Council, its governance mechanism regulatory compliance, its political leadership engagement and administrative leadership to ensure sustainable service delivery from the internal control environment perspective.

1.1.4 That in line with the Council resolution dated 2015-02-25, the Internal Audit Unit will utilize the service of the existing Audit Committee members until the end of May 2015 and subsequently utilize the service of any of the three former members of the Audit Committee to ensure continuity and skills transfer until the end of the 2014/15 financial year.ADOPTED.

1.2 SEMINAR 3 OF THE DIRECTOR DEVELOPMENT PROGRAMME: GOOD GOVERNANCE FOR SUSTAINABLE SERVICE DELIVERY (2/10/1/1/3 & 14/1/1)

(Page 46)

The City Manager presented a report comprising details of the Seminar to be held as part of continuous professional development in a bid to uphold the principles of good governance and achieve clean administration. He then circulated a page comprising financial details for this Seminar and advised that the Executive Committee was requested to give approval in this regard.

Given the budget allocated for presenters, the Executive Committee Member Mncwango enquired the exact rate to be paid to them since they had already been confirmed in the programme included in the agenda. In response, it was advised that this was budget provision to cater for any expense that might be incurred for the Seminar.


Accordingly


1.2.1 That Council supports the initiative driven by the eThekwini Municipality Audit and Risk Assurance Services (EMARAS) in partnership with the Municipal Institute of Learning (MILE) and the Corporate Human Resources Unit to host Seminar 3 of the Director Development Programme intended at advancing the principles of good governance and achieving clean administration, which Seminar is to be attended by the political and administrative leadership on 10 June 2015 at the Moses Mabhida Stadium under the theme, “deepening understanding and cultivating common ethos in translating good governance for sustainable service delivery whilst leading in a highly regulated environment: challenges and opportunities."

1.2.2 That Council approves expenditure in the amount of R207 224.00 (Two Hundred and Seven Thousand Two Hundred and Twenty Four Rand Only) to be incurred for the Seminar, as per the details contained in the table below:-

NO. COST ITEM ESTIMATED COSTS

1. Venue Hire inclusive with breakfast at Moses Mabhida and Networking Lunch

R127 224.00

2. Travelling costs including accommodation R15 000.00

3. Token of appreciation R5 000.00

4. Where necessary presentation fee R50 000.00

5. Printing fees R10 000.00

Seminars and Training Vote Number: 10471.10382FC No.: 12/31Costs to be shared amongst EMARAS, MILE and Corporate Human Resources.

In view of time constraints the above-mentioned item was not considered and accordingly DEFERRED to the next meeting of the Council.

1.3 REQUEST FOR AUTHORITY TO UTILISE SECTION 36 (1)(a)(ii) OF THE SUPPLY CHAIN MANAGEMENT REGULATIONS FOR THE ACQUISITION OF LAND FOR TONGAAT MARKET (17/2/1//1/2)

(Page 65)

With the City Manager having advised that the privately owned land to be acquired was the only one available for the purposes of a market,


1.3.1 That, in order to regularise encroachment of the portion of Tongaat Market building over privately-owned Erf 2065 Tongaat, authority be granted for the Head: Real Estate to acquire the portion of the market building, as reflected on the existing Plan SJ 4647/7.


1.3.2 That subject to the approval of .1 above, it be noted that the approval of the Bid Adjudication Committee will be sought to deviate from the Supply Chain Management Regulations to negotiate directly with the property owner for the acquisition of the property in question using Section 36 (1)(a)(ii) of the Supply Chain Management Regulations.

1.3.3 That in the event of negotiations being unsuccessful the Head: Real Estate be authorized to expropriate the affected property.

1.3.4 That in the event of negotiations being successful, the City Manager record reasons for the deviations and report at the next meeting of the Council and include the reasons as a note to the Annual Financial Statements in terms of Section 36(2) of the Municipal Supply Chain Management Regulation.


1.4 REPORT OF ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE: MEETING HELD ON 2015-05-07(Page R1)

1.4.1 Request for Authority to Adopt the Durban Climate Change Strategy (32/2/2):(Page 10 :Economic Development and Planning Committee - Agenda 2015-05-07)


1.4.1.1 That the Durban Climate Change Strategy attached to the report by the City Manager dated 2014-10-21 be adopted for implementation, which strategy seeks to create an enabling environment for the City to mitigate Climate Change challenges under the following themes: water; sea level rise; biodiversity; food security; health; energy; waste and pollution; transport; economic development; knowledge generation and understanding.

1.4.1.2 That the Executive Committee notes that the costs of implementing the strategy will be determined by various Units responsible for responding to the identified themes as and when implementation occurs.


1.5 REPORT OF HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: SPECIAL MEETING HELD ON 2015-04-22(Page R2)

1.5.1 Work in Excess of R500 000: Electrical Reticulation :Nkwali Phase 1: Drawing Number 2529970 (27/2/R):(Page 77 : Human Settlements and Infrastructure Committee - Agenda 2015-05-05)


That authority be granted for the Head: Electricity to incur expenditure estimated at R2 965 000.00 (Two Million Nine Hundred and Sixty Five Thousand Rand Only) through the normal goods and services procurement processes, in order to provide a


supply of electricity to the 132 new customers at the Nkwali rural area, by commissioning thirteen new pole transformers, upgrading existing and constructing new overhead reticulation.

Project Number EFAFMLOH: Account Code 80035 : R2 965 000.00Provided in the 2014/2015 Capital EstimatesFC 79/CA1551


1.5.2 Proposed Acquisition and Registration of a Temporary Right of Way Servitude for Access to 132 kV Hillcrest - Waterfall Towers Located on Halkirk Farm (17/2/1/1/2):(Page 78 : Human Settlements and Infrastructure Committee - Agenda 2015-05-05)


That authority be granted for the Head: Real Estate to negotiate for the acquisition or expropriation, if necessary, of the temporary right of way servitude required for access to 132kV towers situated over portions 485 and 486, both of Erf 337 of Farm Albania No. 957 per SJ Plan 4628/1.

Account Code 80002 R231 000.00 Provided in 2015/2016FC No.: 79CA1316


1.5.3 Establishment of a Revised Restructuring Zone in eThekwini Municipality for Social Housing Projects (21/8/3 & 22/7/1/1/2):(Page 80 : Human Settlements and Infrastructure Committee - Agenda 2015-05-05)

The Executive Committee noted that during the meeting of the Human Settlements and Infrastructure, 28 Councillors present, Councillors (ANC - 17, DA – 07, NFP - 01, MF - 01 and Independent - 01) voted in support of the recommendations and 01 IFP Councillor abstained. The recommendations were, by the majority vote, adopted.

During discussion of the item at the Executive Committee meeting, the Executive Committee Member Nkosi recorded his abstention until he obtains feedback from his party on this matter. The Executive Committee Member De Boer expressed appreciation that there was an undertaking to involve other role players for social housing projects. He was of the view that this would provide for healthy competition and ultimately result in getting good quality product.



1.5.3.1 That authority be granted to adopt the revised Restructuring Zone for Social Housing projects in eThekwini Municipality as it aligns with the Dense Urban and Suburban Integrated City Development Grant (ICDG) Zones, it being noted that the objective of the ICDG is to support the development of more inclusive, liveable, productive and sustainable urban built environments.

1.5.3.2 That subject to the adoption of .1 above, authority be granted for the Head: Human Settlements to enter into any relevant agreements and/or Memorandum of Understanding with the National and/or Provincial Departments of Human Settlements as well as with any other designated role-players as identified in order to effect the above.


1.5.4 Project Authority : Upgrading of TRK 84143- Adams Mission in Ward 96 (25/4/2):(Page 88 : Human Settlements and Infrastructure Committee - Agenda 2015-05-05)


That authority be granted for the Head: Engineering to upgrade Road TRK 84143 in Ward 96 using funds previously allocated in the 2014/15 and 2015/16 financial years to upgrade Shozi Road in Adams Mission since this Road has already been upgraded to an asphalt surface by the Roads and Stormwater Maintenance Department.

Vote : P9464 – 1.72510.49300 R2 000 000.00 (Provided 2014/2015 declared as Savings)

R2 351 000.00 (Provided 2015/2016)R2 000 000.00 (To be provided 2015/16 via

adjustment budget)

FC No.: 49/C072



1.6 COMBINED APPLICATION IN TERMS OF CHAPTER 2 OF THE KWAZULU - NATAL PLANNING AND DEVELOPMENT ACT NO 6 OF 2008 (AS AMENDED) FOR THE PROPOSED AMENDMENT TO THE DURBAN TOWN PLANNING SCHEME IN THE COURSE OF PREPARATION : THE PROPOSAL ENTAILS THE REDUCTION OF THE REAR BUILDING LINE FROM 15 (FIFTEEN) METRES TO 2 (TWO) METRES ON A SITE ZONED GENERAL BUSINESS 2) (21/7/6)

(Page 73)

The City Manager explained that the above item had already been adopted by Council at its meeting held on 2015-04-30. However, that the Town Planning Sub-Committee had since discovered an omission in respect of the amendment of the rear building line, that the recommendations submitted to Council stated that the rear building was being amended from "15 metres" to "Nil" whereas the correct amendment should be from "15 metres" to "2 metres."

Therefore, the recommendations adopted by Council would have to be amended by reflecting "15 metres" to "2 metres" wherever applicable. Furthermore, an additional clause had been be put specifying the exact amendment and the condition related thereto.

With the Committee being in support of the amendment, it is recommended that the Council decision in the above regard be rescinded to enable the recording of the amended recommendation as discussed.


1.6.1 That the Council decision of 2015-04-30 in relations to the Combined Application in terms of Chapter 2 of the Kwazulu-Natal Planning and Development Act No 6 of 2008 (As amended) for the proposed amendment to the Durban Town Planning Scheme in the course of preparation : The proposal entails the reduction of the rear building line from 15 (fifteen) metres to 2 (two) metres on a site zoned general business, be rescinded.

1.6.2 That in terms of Section 13(1)(a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No.6 of 2008), the amendment to the Durban Town Planning Scheme: Umgeni South by proposed amendment to the Durban Scheme, with the proposal entailing the reduction of the rear building line from 15 metres to 2 metres on a site Zoned General Business 2, be approved for the following reasons in terms of Section 13(5):

1.6.2.1 The additional parking at the rear of the property would immensely eradicate the shortage of parking along Felix Dlamini Road;

1.6.2.2 The 15 metres rear building line that was created has a buffer which is unmanaged by the owners of the properties which poses a threat for dumping, vagrancy and petty crime;

1.6.2.3 The revised Durban Scheme reveals that the rear building lines are amended from 15 to 2 metres notwithstanding that a precedent already exists for the same purpose.


1.6.2.4 The proposed amendment is unlikely to have any negative impact on the surrounding area.

1.6.2.5 The amendment to the Durban Scheme in terms of Clause 18(6)(b) would read as follows:-

(b) “On any subdivision in Felix Dlamini Road General Business 2 Zone outside that part of the area thereof enclosed by the broken red line on Plan No. 1819.740A, and any part of any such subdivision falling outside such area be horticulturally treated to the Head: Development Planning, Environment and Management Unit satisfaction, is developed or redeveloped or used for General Business 2 Zone purposes, and the levels of such part of the subdivision shall not be altered in any way without the Head: Development Planning, Environment and Management Unit approval.Notwithstanding the provisions of the aforementioned, in respect of the Remainder of Portion 4 of Erf 577 Brickfield situated at 202 Felix Dlamini Road, such required space shall be 2 metres, provided that such space is used solely for the provision of parking, including a single storey structure for such parking.”

1.6.3 That subject to the following conditions in terms of Section 13(4):-

1.6.3.1 All vehicular access off Cherry Avenue is prohibited and the existing infrastructure will not handle additional traffic. Therefore, vehicular ingress and egress to the rear of the property would only be off Kenilworth Road;

1.6.3.2 The relaxation of the rear building line from 15,000 metres to 2,000 metres would be used solely as a parking servitude and no building or any other structure shall be erected in this particular area.

Recommendations AMENDED in 1.6.2.2 thereof by the deletion of the figures and words “15,000 metres to 2,000 metres” and by the substitution therefor of the figures and words “15 metres to 2 metres” and thereafter ADOPTED.

1.7 REQUEST FOR AUTHORITY TO ATTEND SOUTHERN AFRICAN EMERGENCY SERVICES INSTITUTE (SAESI) TOURNAMENT: NETBALL, SOCCER AND VOLLEYBALL (13/7)(Page L3)

The Deputy City Manager: Community & Emergency Services made reference to the approval given for the Fire and Emergency Unit Sports Team to participate in the SAESI Tournament from 15 to 16 May 2015 in Cape Town. He then advised that due to the various codes of sport being played in different areas of Cape Town and taking cognizance of the distance between venues, the Unit was now requesting authority to utilise Council’s mini bus taxis (two quantums and a sprinter), one caddy vehicle and trailer, rather than a Council bus, for the conveyance of Municipal personnel to and from the event. In that regard, he made reference to the Executive Committee minutes dated 2015-04-28, relative to the above matter and requested that recommendation 8.4 which made reference to the use of Council bus should be substituted with the following recommendation, as contained in the report tabled in this meeting:-


"That authority be granted to use Council vehicles, i.e. three (3) minibus taxis (two quantums and a sprinter), one (1) one caddy vehicle and a trailer, out of Province for the conveyance of Municipal personnel to and from the event."

The Committee supported the amendment, it being noted that there were no changes in financial implications and that the transport to be used would still be sourced from the Municipal fleet.

With the amendment also affecting Council decision taken on 2015-04-30 on this matter,


That, in view of the changes in the nature of transport to be used to transport the Fire & Emergency Unit Sports Team to the Southern African Emergency Services Institute Tournament in Cape Town, recommendation 4.4 contained in the Council minutes dated 2015-04-30 and which makes reference to the use of the Municipal bus, be replaced with the following recommendation: "That authority be granted to use Council vehicles, i.e. three (3) minibus taxis (two quantums and a sprinter), one (1) one caddy vehicle and a trailer, out of Province for the conveyance of Municipal personnel to and from the event."


2. SECOND REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2015-05-26

2.1 REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE: MEETING HELD ON 2015-05-07(Page R1)

2.1.1 Request by Governance Department to Lease Accommodation at Certain Sizakala Centres (17/2/2/5/2):(Page 71 : Governance and Human Resources Committee - Agenda 2015-05-07)

The Committee expressed the view that all other Sizakala Centres should be afforded a similar opportunity to enter into lease agreements with Government Departments to enhance service delivery.

With the Executive Committee being in concurrence,


2.1.1.1 That authority be granted for the Head: Real Estate to enter into lease agreements by private treaty with the Departments of Social Welfare; Home Affairs; and South African Social Security Agency (SAASA) for use of premises at Sizakala Centres in Lamontville; Chesterville; and Tongaat, for such periods as may be deemed necessary to enable the aforementioned Departments to facilitate service delivery specified hereunder:-


NAME OF DEPARTMENT

NAME OF SIZAKALA CENTRE PURPOSE FOR WHICH THE ACCOMMODATION IS REQUIRED FOR

Department of Social Development

Lamontville To erect a park home to provide social services to the local community.

Chesterville To erect a park home to provide social services to the local community.

Thongathi (Tongaat) To provide social services to the local community.

SASSA Lamontville To erect a park home for payment of social grants.

Home Affairs Mpumalanga To provide all relevant services provided by Home Affairs.

2.1.1.2 That, subject to the adoption of .1 above, authority be granted for the Head: Real Estate to sign all documentation on behalf of the Municipality in respect of the lease agreements to be entered into with Government Departments.


2.1.2 Durban Communications and Marketing Exchange (12/5/R):(Page 73 : Governance and Human Resources Committee - Agenda 2015-05-07)


2.1.2.1 That authority be granted for the Head: Communications to implement the Durban Communications and Marketing Exchange including:

2.1.2.1.1 King Shaka International Airport Branding Project for a partnership with the Airports Company of South Africa which entails installing eThekwini Municipality branding to give the airport a truly Durban feel at no cost.

2.1.2.1.2 Quarterly Durban Communications and Marketing Exchange think tank sessions to provide a platform for the Municipality's key Departments in the communication and marketing field; municipal entities together with communications, marketing and corporate social investment professionals; business development and private projects promoters to discuss; strategise; and plan eThekwini's overall communications and marketing efforts especially when it comes to informational and social marketing.

2.1.2.1.3 Durban Joint Marketing Forum which is the initiative of the eThekwini Municipality; Tongaat Hulett Development; and Trade and Investment KwaZulu-Natal aimed at coherent communication and marketing efforts.

2.1.2.1.4 Clean and Maintain My City Programme which is an integrated Municipal programme aimed at tackling challenges such as litter; illegal dumping; by-law infringements; homelessness; loitering; illegal occupation of open spaces; inner city decay; illegal business operations in the CBD and residential areas; derelict; and illegally-occupied building.


2.1.2.1.5 Durban Dialogue - Let's Talk Durban which is an online/offline communication initiative of the Municipality to drive the economic and social development agenda so that the eThekwini residents are aware and involved on issues which affect them.

2.1.2.2 That authority be granted for the Head: Communications to incur expenditure in the amount of R170 000.00 (One Hundred and Seventy Thousand Rand Only) to undertake the project referred to in .1 above.

Cost Estimates:-

Budget Item Cost

Venue hire for 100 people (Including refreshments) R120 000.00

Multimedia Presentation R50 000.00

Total Cost R170 000.00

Vote No.: 10386.04484


2.1.3 Report for Authority: the Adoption and Approval of the Durban Climate Change Strategy (32/2/2):(Page 158 : Governance and Human Resources Committee - Agenda 2015-05-07)

The Governance and Human Resources Committee considered the above mentioned report of the City Manager dated 2014-10-21, the purpose of which was to initiate the process of implementing the responses outlined in the abovementioned strategy.


2.1.3.1 That the Durban Climate Change Strategy attached to the report by the City Manager dated 2014-10-21, be adopted for implementation, which strategy seeks to create an enabling environment for the City to mitigate Climate Change challenges under the following themes: water; sea level rise; biodiversity; food security; health; energy; waste and pollution; transport; economic development; knowledge generation; and understanding.

2.1.3.2 That the Executive Committee notes that the costs of implementing the strategy will be determined by various Units responsible for responding to the identified themes as and when implementation occurs.



2.1.4 EThekwini Municipal Ward Committee Skills Programme Close-Out Report (3/6/1):(Page 424 : Governance and Human Resources Committee - Agenda 2015-05-07)


2.1.4.1 That the Graduation Ceremony of 630 competent Ward Committees members who have completed the Ward Committee Skills Programme, be approved.

2.1.4.2 That the Recognition of Prior Learning (RPL) assessment be performed for new intake so as to save money on certain modules.

2.1.4.3 That the training of outstanding Ward Committee Members, be considered.

2.1.4.4 That strict non-attendance sanctions be established to curb wasteful expenditure due to poor attendance.

2.1.4.5 That authority be granted for the Head: Skills Development to consider a centralised coordination and accountability.


2.1.5 Turnaround Strategy for the Quarter Report (2014/2015) (11/1/2):(Page 428 : Governance and Human Resources Committee - Agenda 2015-05-07)


2.1.5.1 That the Head: Human Resources be granted authority to embark on a communication drive as part of sensitizing Business Partners with respect to the challenges experienced in filling vacancies.

2.1.5.2 That during the communication process, Business Partners will prioritize all critical vacant positions for the purpose of advertising and filling of same.


2.1.6 Distribution of Ezasegagasini Metro (12/3/1/3):(Page 446 : Governance and Human Resources Committee - Agenda 2015-05-07)


2.1.6.1 That the report by the Head: Communications dated 2015-03-17 relative to the new distribution of eZasegagasini Metro Newspaper to the community using Co-operatives, be approved.

2.1.6.2 That the Head: Communications be granted authority to incur a total cost of R4.8 Million per annum to cover cost for Co-operatives, Small and Medium Enterprises at an amount of R3.8 Million and newspaper collection, delivery and monitoring facilitator at an amount of R1 Million.

Vote No.: 10377.06550FC No.: 10



2.1.7 Purchase of Additional Radio Programme Slots (12/2):(Page 450 : Governance and Human Resources Committee - Agenda 2015-05-07)

At the Executive Committee level, the attention of the Committee was drawn to the fact that the rates for slots were informed by the extent of coverage of the radio station. Notwithstanding the rates, emphasis was put on the importance of keeping the local communities abreast of the developments within the City, in particular, as they pertain to service delivery. Confirmation was given that the budget for Ukhozi FM represented a series of 5 minutes slots.


That authority be granted for the Head: Communications to incur expenditure in the amount of R2 055 000.00 (Two Million and Fifty Five Thousand Rand Only) to purchase new additional Radio Programme Slots in the mainstream media to publicize the Municipality's service delivery achievements and projects.

Radio Station Programme Duration Budget

Ukhozi Radio FM Jabulujule

Ezingasozezabuna

5 minutes R395 000.00

R160 000.00

Lotus Radio FM Around the City - biweekly

5 minutesTuesday and Thursday

R290 000.00

Gagasi 995 Radio FM Indaba 1 x monthly

Weekly talkshow x 3 per month

60 minutes

30 minutes

R276 000.00

R455 000.00

Outside Broadcasting Facility

Mayoral outreach budget hearing:

Live broadcast of Mayor's Budget Speech/State of the City address Community radio

R480 000.00

TOTAL R2 055 000.00

Vote No.: 10385.09019



2.1.8 South Durban Basin ABM Programme (2/3/2/1/2):(Page 470 : Governance and Human Resources Committee - Agenda 2015-05-07)


2.1.8.1 That authority be granted for the Head: Sizakala Customer Service Centre to implement the South Durban Basin ABM Project including:

2.1.8.1.1 Small Business Development Project Peace Building and Non-racism Programme to empower and enable people, particularly youth and women, through popular education and participatory development, to take control of their own lives in the struggle for true freedom and justice and two and half days residential workshop where a variety of method will be used to workshop youth.

2.1.8.1.2 Establish a Greater Isipingo Creche Forum based on the good practice of the Wentworth and Lamontville models; thereby promoting capacity building of child minders, sharing of best practices and collective action while at the same time allowing for the provision of mentoring and guidance to enable the optimal functioning of each individual Forum.

2.1.8.1.3 South Durban Basin ABM will be embarking on an "Adopt A Spot Campaign" in partnership with Durban Solid Waste; Parks; and Roads and Stormwater Department to eradicate enormous illegal dumping on open spaces/verges.

2.1.8.1.4 South Durban Basin has partnership with eThekwini Water and Sanitation Department and Provincial Water Affairs to host a workshop targeting industries; business; and community structure in the area to educate and empower all stakeholders about the importance of conserving water, as well as to share National and Provincial mandates on water conservation and pollution.

2.1.8.2 That authority be granted for the Head: Sizakala Customer Service Centre to incur expenditure in the amount of R362 850.00 (Three Hundred and Sixty Two Thousand Eight Hundred and Fifty Rand Only) to undertake the project referred to in .1 above.

Vote No.: 12890.08485 R362 850.00 (Provided in 2014/15 budget)FC No.: 29/10


2.1.9 Organisation and Establishment of the Expenditure Unit (4/1/1/2/5):(Page 478 : Governance and Human Resources Committee - Agenda 2015-05-07)


2.1.9.1 That the Organisation and Post Establishment in its entirety as reflected in the Annexure "A" of the report by the Head: Organisational Development and Change Management dated 2015-04-15, be deleted.

2.1.9.2 That authority be granted for the establishment of the Expenditure Unit in line with the Institutional Review process Framework as reflected in Annexure "C" of the report by the Head: Organisational Development and Change Management dated 2015-04-15.


2.1.9.3 That it be noted that the creation of the recommended organisation and post establishment of the Expenditure Unit would result in an additional expenditure of R16 317 058.00 (Sixteen Million Three Hundred and Seventeen Thousand and Fifty Eight Rand Only) and funds would be allocated over three years in line with Medium Term Expenditure Framework.


2.1.10 King Shaka International Airport Branding (12/5/2):(Page 674 : Governance and Human Resources Committee - Agenda 2015-05-07)


2.1.10.1 That authority be granted for the Head: Communications to implement the King Shaka International Airport Branding including:

2.1.10.1.1 EThekwini Municipality and the Airports Company of South Africa (ACSA) to enter into discussions for the City branding to be introduced at the King Shaka International Airport in order to give the airport a truly "Durban" look and feel.

2.1.10.1.2 EThekwini Municipality will produce, mount and remove the branding as and when required at own cost.

2.1.10.1.3 Sites to be branded include the air-conditioner tower; Airports Company of South Africa Headquarters; under the overhead bridge; rails at domestic and international arrivals; and billboard en route to the freeway.

2.1.10.1.4 To facilitate a Memorandum of Understanding (MOU) between ACSA and eThekwini Municipality as contained in the report by the Head: Communications dated 2015-04-08.

2.1.10.1.5 To proceed with the invitation of suitable qualified service providers for printing/production and rigging (mounting/installation) of the branding, it being recorded that the creative concept of the look and feel will be done by the City's existing creative and design service provider.

2.1.10.2 That authority be granted for the Head: Communications to incur expenditure in the amount of R3 068 863.00 (Three Million and Sixty Eight Thousand Eight Hundred and Sixty Three Rand Only) to be made available in the 2014/2015 financial year and R1 825 000.00 (One Million Eight Hundred and Twenty Five Thousand Rand Only) to be made available in the 2015/2016 financial year.

Vote No.: 10386. 04484



2.1.11 Request to Undertake Study Tour to the City of Cape Town and the City of Johannesburg to Learn and Share Knowledge and Experiences:(Page L1 : Governance and Human Resources Committee - Agenda 2015-05-07)

With 21 Councillors present, Councillors (ANC - 14, MF - 01 and TA - 01) voted in support of the recommendations and 04 - DA Councillors and 01 - IFP Councillor voted against the recommendations.

The recommendations were, by the majority vote, adopted.


2.1.11.1 That authority be granted for the Head: Communications to incur expenditure in the amount of R99 400.00 (Ninety Nine Thousand Four Hundred Rand Only) to undertake a study tour to the City of Cape Town and the City of Johannesburg to learn, share knowledge and experiences in relation to communications and marketing function for the six delegates departing 21 June 2015 and returning 27 June 2015.

2.1.11.2 That authority be granted for the Head: Communications in consultation with the Chairperson of the Governance and Human Resources Committee to finalise names of delegates to undertake a study tour.

Vote No.: 10376.11960FC No.: 06/03


2.1.12 Presentation on the Draft Budget for 2015/2016 Financial Year:(Presentation - LOT: Governance and Human Resources Committee - Agenda 2015-05-07)


That the Draft Budget for 2015/2016 Financial Year presented by the Project Executive - Departmental Account : Finance, relative to the Governance and Human Resources Committee, be noted.



2.2 REPORT OF THE ECONOMIC AND DEVELOPMENT COMMITTEE : MEETING HELD ON 2015-05-15(Page R7)

2.2.1 Spatial Planning and Land Use Management Act Implementation: Establishment of the Municipal Planning Tribunal and the Appeal Authority:(Page L5 : Economic and Development Committee - Agenda – 2015-05-15)

The Economic Development Committee received a presentation and considered the above mentioned report of the City Manager dated 2015-05-15 in the above regard, the purpose of which was to give effect to point 2.1.4 of the Council resolution dated 2014-09-29 to authorise the City Manager to implement necessary mechanisms to operationalise the Spatial Planning and Land Use Management Act 2013 without delay.

The Committee adopted the recommendations with the variation that recommendation (1) be adopted in principle to allow further inputs from various Party Caucuses,


2.2.1.1 That the Terms of Reference for the Municipal Planning Tribunal as contained in Annexure “A” of the report contained in the Economic and Development Committee, be adopted in principle, to allow input from various Party Caucuses.

2.2.1.2 That consistent with Council resolution No. 2.1.4 dated 2014-09-29, a public notice calling for nominations of external professionals to become members of the Municipal Planning Tribunal be issued without delay.

2.2.1.3 That on conclusion of the nomination process, recommended members of the Municipal Planning Tribunal be appointed by Council in terms of the Spatial Planning and Land Use Management Act (SPLUMA), 2013, Act No.: 16 of 2013.

2.2.1.4 That Council appoints an external Appeal Authority for consideration of appeals lodged against decisions made on category 1 and 2 applications as well as applications submitted in terms of Section 22 (1) of SPLUMA.

2.2.1.5 That Council appoints appropriate internal Appeal Authority for considerations of appeals against the rest of the category 3 applications as outlined above.ADOPTED.

2.3 REPORT OF THE COMMUNITY AND EMERGENCY SERVICES COMMITTEE : MEETING HELD ON 2015-05-18 (Page R9)

2.3.1 Major Hazard Installation : ICI Dulux, 1 Paint Place, Dickens Road, Umbogintwini, Durban, KwaZulu-Natal (30/2/5/1):(Page 9 :Community and Emergency Services Committee - Agenda 2015-05-18)

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


As the Committee was in concurrence with the recommendations contained therein,


That having concurred with the conclusion of the Major Hazard Installation (MHI) Technical Task Team that there is no valid reason to advise against the operation of the existing MHI at ICI Dulux, situated at 1 Paint Place, Dickens Road, Umbogintwini, Durban, in accordance with the Major Hazard Regulations, the operation of the existing MHI thereat, be approved.


2.3.2 Major Hazard Installation :Reatile Gaz Mthoko Mkhize Drive (Main Road), Hammarsdale, KwaZulu-Natal (30/2/5/1):(Page 11: Community and Emergency Services Committee - Agenda 2015-05-18)

It was noted that the risk assessment, on behalf of Reatile Gaz (Pty) Ltd, had been submitted to eThekwini Municipality in accordance with the provisions of the Major Hazard Installation Regulations framed under the Occupational Health and Safety Act 85 of 1993 and that the report thereon was subsequently considered by the Municipality's Technical Task Team on Major Hazard Installations which resulted in no reason being offered to advise against its acceptance and the continued operation of the company in accordance with the provisions of the assessment.



That having concurred with the conclusion of the Major Hazard Installation (MHI) Technical Task Team that there is no valid reason to advise against the operation of the existing MHI at Reatile Gaz (Pty) Ltd, located at Portion 1 of Lot Sterkspruit, 150 MR385, along Mthoko Mkhize Drive (Main Road), Hammarsdale, KwaZulu-Natal, in accordance with the Major Hazard Regulations, the operation of the existing MHI thereat, be approved.


2.3.3 Major Hazard Installation : 3G Projects, 4 Champak Place, Marianridge, Pinetown (30/2/5/1):(Page 13 :Community and Emergency Services Committee - Agenda 2015-05-18)

The Committee was advised that the risk assessment, on behalf of 3G Projects, had been submitted to eThekwini Municipality in accordance with the provisions of the Major Hazard Installation Regulations framed under the Occupational Health and Safety Act 85 of 1993 and that the report thereon was subsequently considered by the Municipality's Technical Task Team on Major Hazard Installations which resulted in no reason being offered to advise against its acceptance and the continued operation of the company in accordance with the provisions of the assessment.




That having concurred with the conclusion of the Major Hazard Installation (MHI) Technical Task Team that there is no valid reason to advise against permitting the erection of the MHI at 3G Products, situated at 4 Champak Place, Marianridge, Pinetown, in accordance with the Major Hazard Regulations, the erection of the MHI thereat, be approved.


2.3.4 Major Hazard Installation : Total Lubricant Manufacturing Plant, Island View, Durban, KwaZulu-Natal (30/2/5/1):(Page 15 :Community and Emergency Services Committee - Agenda 2015-05-18)

The Committee was advised that the risk assessment, on behalf of Total Lubricant Manufacturing Plant, had been submitted to eThekwini Municipality in accordance with the provisions of the Major Hazard Installation Regulations framed under the Occupational Health and Safety Act 85 of 1993 and that the report thereon was subsequently considered by the Municipality's Technical Task Team on Major Hazard Installations which resulted in no reason being offered to advise against its acceptance and the continued operation of the company in accordance with the provisions of the assessment.



That having concurred with the conclusion of the Major Hazard Installation (MHI) Technical Task Team that there is no valid reason to advise against the operation of the existing MHI at Total Lubricant Manufacturing Plant, situated at Island View, Durban, KwaZulu-Natal, in accordance with the Major Hazard Regulations, the operation of the existing MHI thereat, be approved.


2.3.5 Inanda Heritage Route : Authority to Engage in Land Acquisition by Lease Agreement for the Upgrade of the Lucy Lindlay Heritage Interpretation Centre at Inanda Seminary School (17/2/1/1/3):(Page 29 :Community and Emergency Services Committee - Agenda 2015-05-18)

Having considered a report by the City Manager dated 2015-03-27 in the above regard, the purpose of which was to seek approval to enter into a Lease Agreement with the United Congregational Church of Southern Africa - KwaZulu-Natal (Inanda Seminary School) for the upgrading of the Lucy Lindlay Interpretation Centre, the Community and Emergency Services Committee,



2.3.5.1 That portion of the resolution in the item Inanda Heritage Route : Authority to Engage in Land Acquisition by Lease Agreement for the Upgrade of Various Tourism Infrastructure and Heritage Interpretation Centres, which makes reference to the United Congregational Church of Southern Africa (Inanda Seminary) - KwaZulu-Natal and which was adopted by Council on 2012-10-31, be rescinded.

2.3.5.2 That the Head : Real Estate be authorised to conclude and sign lease agreements with the owners of the properties as indicated on the schedule below:-

Owner Description of property

Premises Extent require

Plan no Proposed use

Commencingrental

United Congregational Church of Southern Africa - KwaZulu-Natal

Rem of Erf 699 Inanda Glebe

Inanda Seminary

191 sqm SJ46 08/8 InterpretationCentre

R107 564p/annum

2.3.5.3 That the lease shall be for a period of 3 years commencing on the commencement date at the rental as indicated in the schedule above and escalating at 9% per annum for the ensuing 2 years with rights of renewal.

Project No. 15602.09960 R 107 564, 00 (Provided 2014/15)R 117 244, 76 (Provided 2015/16)R 127 796, 79 (Provided 2016/17)

FC No. 34/275


2.3.6 Finalisation of the Devolution of Municipal Health Services (MHS) from the Provincial Sphere of Government to the Local Authority (30/1/1/1):(Page 34 : Community and Emergency Services Committee - Agenda 2015-05-18)

The Community and Emergency Services Committee, having considered the above mentioned report by the City Manager dated 2015-04-24, the purpose of which was to report on progress and seek authority to conclude the finalisation of the devolution of Municipal Health Services (MHS) from the Provincial Sphere of Government to the Local Authority,


2.3.6.1 That Council endorses 01 June 2015 as the date of transfer of the Provincial officials to the eThekwini Municipality.

2.3.6.2 That the City Manager be authorised to sign the Devolution Agreement on behalf of eThekwini Municipality.ADOPTED.


2.3.7 Draft Operating and Capital Budgets 2015/16 MTREF : Community and Emergency Services Cluster (7/1/2/1):(Presentation: Community and Emergency Services Committee - Agenda 2015-05-18)

The Committee received a presentation on the Draft Operating and Capital Budgets in the above regard, following which brief discussion ensued on, inter alia, the under mentioned issues:-

● Staff overtime● Verge maintenance and grass cutting in open spaces● Medication at clinics● Under-spending of the Budget in previous years


That the Draft Operating & Capital Budgets 2015/16 MTREF for Community & Emergency Services Cluster be approved.


2.3.8 Operating Budget 2015/16 : Metro Police (7/1/3/1)(Presentation: Community and Emergency Services Committee - Agenda 2015-05-18)

Whilst it was noted that the Metro Police Department reported directly to the City Manager, the activities of that Department fell within the ambit of the Community and Emergency Services Committee.


That the Operating Budget 2015/16 for Metro Police. be approved.


2.4 REPORT OF THE ECONOMIC AND DEVELOPMENT COMMITTEE : MEETING HELD ON 2015-05-15(Page R13)

2.4.1 Draft operating and Capital Budgets: 2015/2016: Economic Development and Planning:(Presentation: Economic and Development Committee - Agenda 2015-05-15)

The Committee received a presentation on the Draft Operating and Capital Budgets in the above regard, following which brief discussion ensued thereon.



That the draft Operating and Capital Budgets 2015/2016 for the Economic Development and Planning Cluster, be noted.


2.5 REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE : MEETING HELD ON 2015-05-18 (Page R14)

2.5.1 Presentation: Draft Budget for 2015/2016 Financial Year:(Presentation - LOT :Human Settlements and Infrastructure Committee - Agenda 2015-05-18)

With 27 Councillors present, Councillors (ANC - 17, IFP - 1, MF - 02, Independent - 01 and APC - 01) voted in support of the recommendations and 5 DA Councillors abstained.


That the Draft Budget for the 2015/2016 Financial Year presented by the Project Executive - Finance, relative to the draft budget for the Human Settlements and Infrastructure Committee, be noted.


2.6 REPORT OF THE TOWN PLANNING SUB-COMMITTEE: MEETING HELD ON 2015-05-21(Page R15)

2.6.1 Request to Initiate Application in Terms of Chapter 2 and Chapter 3 of the KwaZulu - Natal Planning and Development Act No. 6 of 2008 for the Proposed Amendment to the Durban Scheme: Special Zone 91: Point Waterfront, Excluding the Proposed Subdivision of a Portion of this Area to Form the Promenade and the Subsequent Rezoning to Beach Zone (21/7/4):(Page 1: Town Planning Sub-Committee - Agenda 2015-05-21)


2.6.1.1 That an amendment to the clauses of the Durban Scheme, Special Zone 91: Point Waterfront and the rezoning of a portion to “Beach Zone”, be initiated, and same be advertised for public comment in terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act, Act No.6 of 2008.

2.6.1.2 That combined with this application, it be noted that there will be an application to sub-divide a portion of land within Special Zone 91 to give effect to the revised


Development Framework Plan, also in terms of Chapter 3 of the KwaZulu-Natal Planning and Development Act No.6 of 2008.ADOPTED.

2.6.2 South Scheme: Rezoning of Erf 2128 Amanzimtoti Situated at 60 Burne Road Form Special Residential 900 to General Residential 2 in Terms of Chapter 2 of the KwaZulu - Natal Planning and Development Act No. 6 of 2008 (as Amended) (21/7/3):(Page 4: Town Planning Sub-Committee - Agenda 2015-05-21)


2.6.2.1 That in terms of Section (13)(a) of the KwaZulu-Natal Planning & Development Act, 2008 (Act No. 6 of 2008), the amendment to the South Scheme of eThekwini Municipality district of Amanzimtoti by rezoning of Erf 2128 Athlone Park, Amanzimtoti, located at 60 Burne Road, from Special Residential 900 to General Residential 2, be approved, subject to the following conditions imposed in terms of Section 13(4):-

2.6.2.1.1 The development shall not exceed 22 (twenty two) units and 5 (five) storeys in height, whereby a storey as defined in the scheme.

2.6.2.1.2 Burne Road to be upgraded to a minimum of 5.5m in width and a 1.5m sidewalk to be provided on one side of the road (as per the Traffic Impact Assessment Report prepared by NDA Consulting Engineers cc- NDA 1282 Revision 2 dated January 2015).

2.6.2.1.3 Engineering drawings to be submitted with the building plan submission.

2.6.2.1.4 All costs in respect of the points above shall be borne by the applicant.

2.6.2.1.5 A Landscaping Plan to be submitted at the Building Plan submission stage.

2.6.2.2 That the following reasons were considered for approving the application:-

2.6.2.2.1 The proposed development of 22 (twenty two) dwelling units per hectare aligns with the 2014 approved South Spatial Development Plan to increase densities in the Amanzimtoti area.

2.6.2.2.2 The proposal responds to eThekwini’s Inner City densification strategy within an already established residential suburb.

2.6.2.2.3 The densification of this site contributes to increase residential opportunities within a sought after area.

2.6.2.2.4 The site is located in an area where municipal infrastructure such as water, roads, sanitation and electricity are well established and this proposal will ensure adequate utilisation of these services.


2.6.2.2.5 There is a clear need to develop land suitable located within the city close to the CBD where it provides convenient access to work opportunities, shopping and other urban services, facilities and infrastructure.

2.6.2.2.6 The proposed zone is unlikely to have any negative impact on the surrounding area.ADOPTED.

2.6.3 Application in Terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No. 6 of 2008 (as Amended) for the Rezoning of Remainder of Erf 1021 Verulam, 53 Crescent Place from Special Residential 650 to General Residential 4 (21/7/3):(Page 102: Town Planning Sub-Committee - Agenda 2015-05-21)


2.6.3.1 That in terms of Section 13(1)(a) of the KwaZulu-Natal Planning & Development Act, 2008 (Act No. 6 of 2008), the amendment of the North Scheme, Verulam District by the rezoning of Remainder of Erf 1021 Verulam, 53 Crescent Place from Special Residential 650 to General Residential 4, be approved for the following reasons:-

2.6.3.1.1 The urban form proposed is consistent with the provisions of the North Scheme.

6.3.1.2 The proposal responds to eThekwini’s Inner City densification strategy within an already established residential suburb.

2.6.3.1.3 The densification of this site contributes to increase residential opportunities within a sought after area.

2.6.3.1.4 The written comments received have no fatal bearing to the proposed rezoning and the applicant has adequately addressed same.

2.6.3.1.5 The Traffic Impact Assessment dated September 2014 and the geotechnical report dated 2014-10-27 submitted with the application have no contrary findings in response to the proposed rezoning proposal and counters the concerns regarding same in written comments.

2.6.3.1.6 The subject site is constrained by topography.

2.6.3.1.7 The site is located in an area where municipal infrastructure such as water, roads, sanitation and electricity are well established and this proposal will ensure adequate utilisation of these services.ADOPTED.

2.6.4 Application in Terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No. 6 of 2008 by Rezoning Remainder of Erf 1248 Kloof: Situated at 74 Old Main Road, Kloof from Intermediate Residential to Transition Zone 1(21/7/3):(Page 135: Town Planning Sub-Committee - Agenda 2015-05-21)


2.6.4.1 That in terms of Chapter 2, Section (13)(4) of the KwaZulu-Natal Planning and Development Act (2008), the amendment of the Outer West Scheme by rezoning remainder of Erf 1248 Kloof from Intermediate Residential 1 to Transition Zone 1, be approved, subject to the following condition:-


2.6.4.1.1 The recommendation of the Traffic Impact Statement dated 2014-06-06 prepared by Aurecon to be complied with to the satisfaction of the Head: eThekwini Transport Authority (ETA).

2.6.4.2 That the application be approved for the following reasons:-

2.6.4.2.1 The proposed zone would ensure a scale and form of development which will be harmonious with adjoining residential precinct.

2.6.4.2.2 The proposed scheme amendment is aligned with the recommendations of the Outer West Spatial Development Plan (OWSD, 2011) and the Hilcrest/Gillits/Kloof Land Use Management Plan (HGK LUMP) as such sites are identified for Transition Zone.

2.6.4.2.3 The proposed development is in line with the eThekwini Municipality’s Strategic Plans about zoning of land in appropriate areas in order to intensify use within the core.ADOPTED.

2.6.5 Application in Terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No. 6 of 2008 for the Rezoning of Erf 35 Hillcrest Park, 20 Springside Road, Hillcrest from Special Residential 1800 to Worship (21/7/3):(Page 246: Town Planning Sub-Committee - Agenda 2015-05-21)


2.6.5.1 That in terms of Section 13(1)(a) of the KwaZulu-Natal Planning & Development Act, 2008 (Act No. 6 of 2008), the amendment to the Outer West Scheme by the rezoning of Erf 35 Hillcrest Park, 20 Springside Road from Special Residential 1800 to Worship, be approved subject to the following conditions imposed in terms of Section 13(4):-

2.6.5.1.1 The subject site has lost some of its residential appeal because of the security issues posed by the railway reserve and the next door Veterinary Hospital/Offices, and the proposed zone would not have a negative impact on the amenity in the area.

2.6.5.1.2 The proposal is in line with the Municipality’s Outer West Spatial Development Plan and Spatial Development Framework as it identifies the area within which the subject property falls for mixed use purposes.

2.6.5.1.3 The proposed development will provide a much needed social facility for the general community within an established well serviced suburb and with minimal impact.

2.6.5.1.4 A place of worship is seen as part and parcel of the residential fabric and accordingly, impact is acceptable.

2.6.5.1.5 The objection received is not planning related and is not pertinent to this zoning application.ADOPTED.


2.6.6 Application in Terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No. 6 of 2008 (as Amended) for the Rezoning of Portion 92 of Erf 6 Cato Manor: 15 Myro Drive, Glenmore from Special Residential 650m 2 to Special Residential 400m 2 (21/7/3): (Page 356: Town Planning Sub-Committee - Agenda 2015-05-21)


2.6.6.1 That in terms of Section 13(1)(a) of the KwaZulu-Natal Planning & Development (Act No. 6 of 2008), the amendment to the Durban Scheme by the rezoning from Special Residential 650m2 to Special Residential 400m2 at Portion 92 of Erf 6 Cato Manor: 15 Myro Drive, Glenmore, be approved subject to the following condition imposed:-

2.6.6.1.1 That the Removal of Restrictive Condition is approved for Condition C (a): The Land shall be used for residential purposes and not more than one dwelling with the necessary outbuildings may be erected on the land, which would be finalised under delegated authority.

2.6.6.2 That the following reasons have been considered in approving the application:-

2.6.6.2.1 The proposed zone and the amendment of the scheme would not have a negative impact or any loss of amenity in the area.

2.6.6.2.2 The proposal which is for a conversion of the existing double storey dwelling into two (2) separate residential units would not impact negatively on the surrounding neighbourhood. The motivation for the rezoning is clear and provides adequate reasons to consider the application favourably.

2.6.6.2.3 There were no objections from any neighbouring properties or any internal departments.

2.6.6.2.4 In terms of the Municipality’s revised Berea Urban Core Extension project which was adopted in 2012 and forms the policy guidelines for future land use management in respect of the Berea North and South areas, the proposed rezoning is aligned with the intensions of the project as it identifies the subject and it’s surrounds as having a future Special Residential 400m2 zoning i.e. The envisaged zoning advocates a reduced minimum of lot size of 400m2.ADOPTED.

2.6.7 Application in Terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No. 6 of 2008 (as Amended) for the Proposed Rezoning of Erf 83 Duns Grant Situated at 26 Ganesh Road, Clairwood from Special Residential 400m 2 to General Industrial (21/7/3):(Page 403: Town Planning Sub-Committee - Agenda 2015-05-21)


2.6.7.1 That in terms of Section 13(1)(a) of the KwaZulu-Natal Planning & Development (Act No. 6 of 2008), the amendment to the Durban Town Planning Scheme of Erf 83 of Duns Grant, Clairwood located at 26 Ganesh Road, for the rezoning from Special Residential 400m² to General Industrial, be approved on condition that:

2.6.7.1.1 The proposed development shall comply with the Traffic Impact Assessment Report prepared in July 2014 by NDA Consulting Engineers (NDA 1254-2014) and that all costs be borne by the property owner.


2.6.7.2 That the following reasons have been considered in approving the application:-

2.6.7.2.1 The proposed rezoning will not affect the amenity of the neighbourhood, the predominant use within the area is industrial.

2.6.7.2.2 The proposed rezoning will allow for the regularisation of the existing uses.

2.6.7.2.3 The proposal forms a logistical extension to the existing Industrial zone.

2.6.7.2.4 The proposal is in alignment with the approved Back of Port Framework Plan.ADOPTED.

2.7 REPORT OF THE FINANCE AND PROCUREMENT COMMITTEE: MEETING HELD ON 2015-05-21

(Page R19)

2.7.1 Revenue Management System (RMS) (10/2/2):(Page 39 and attached as Annexure A: Finance and Procurement Committee - Agenda 2015-05-21)

During discussion of the above-mentioned report and presentation, the following issues, inter-alia, were highlighted by the Finance and Procurement Committee:-

● Concerns that Council approved the Revenue Management System almost thirteen (13) years ago and to date, the project had not yet been fully implemented were raised. The Committee stressed its disappointment that RMS had been approved with a belief that it would save money, instead Council had spent huge amounts only to test the system thereafter.

● That numerous presentations which highlighted problems encountered during the process of the implementation of certain modules had been provided to Council. It was expected that the presentation provided at this meeting would provide solutions to these problems.

● The retention of COINS system in the future. It was submitted that data generated by COINS had been huge since it held almost 20 years of information. It was further submitted that by law, Council had to retain data for a certain period of time in order to be able to resolve queries.

● Transfer of Skills. It was advised that the transfer of skills had been around the business that is water, electricity and Durban Solid Waste and the need to understand the system.

● Time Factor

● Project Cost Implication. The Department had been requested to provide details on the initial budget of this project and costs incurred to date.


It was submitted that Council offices and Human Resources had been utilised and therefore no extra costs would be incurred as these had been budgeted by the respective departments.

● Exact amount of money that had been paid to the company in India.

● Uniqueness of RMS. The system could consolidate all the modules and discourage the movement of data.

● Meter Reading

● Selling RMS. It had been advised that there had been certain laws which prohibited the Municipality to sell RMS, however some modules e.g. receipting of accounts would be given to other municipalities.

● Plan B for RMS. It was advised that should the system collapse there were many processes that safeguarded the system. It was further advised that RMS had already been operational except for two modules, namely, residential electricity and water.

● The Department's recommendation for the Head: Information Management Unit to take the necessary steps to secure adequate support for the billing applications was regarded as inconsistent since the recommendation did not clarify what adequate support was required.

● The fact that different “go live" dates had been provided for the past thirteen (13) years, it was suggested that the scope of work, including the contractual agreement between the company that had been awarded this project and the Council had to be verified by the Head: Legal and Compliance to consider if the company concerned had not breached the agreement and to recommend a way forward.


2.7.1.1 That the report by the City Manager dated 2015-04-21, relative to Revenue Management System (RMS), be noted.

2.7.1.2 That the Head: Legal and Compliance scrutinise the contractual agreement between eThekwini Municipality and the company that had been awarded the RMS contract and verify whether there are any breaches and recommend a way forward.



2.7.2 DBSA Debenture Repayment for Durban Marine Park (Pty) Ltd (DMTP) (7/3/1/1/2):(Page 39 : and attached as Annexure B : Finance and Procurement Committee - Agenda 2015-05-21)


That the Council of eThekwini Municipality agree to settle the DBSA debenture, on behalf of Durban Marine Theme Park (Pty) Ltd (DMTP) for the amount of R90 Million in exchange for equity to be issued by DMTP.

Vote : 53140.45019 R90 000 000.00 (Provided 2015/2016) : FC. 13/02)


2.7.3 Expropriation: Road Servitudes for Road Development Purposes Over Erven 527 and 556 Isipingo : FRA Meuwese and Midfall Investment Company (Pty) Ltd (Ref: 632/1006/1/15 & 8. KT) (17/2/1/1/4): (Page 85 :Finance and Procurement Committee - Agenda 2015-05-21)

Upon an enquiry whether Council had not under budgeted for the proposed Road Servitude over Erf 527 Isipingo and Erf 556 Isipingo, it had been advised that budgeted amount of R257 210 on page 88 had been allocated as per the compensation agreements on pages 92, 93 and 97 of the agenda. Having noted that the Head: Real Estate undertook to confirm whether the amount included Value Added Tax (VAT),


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

Municipality's Requirements

Registered owners Extent Market Value (Excl. VAT)

Solatium Total Payable (Excl. VAT)

Proposed Road Servitude over Erf 527 Isipingo

FRA Meuwese 171m² R239 500.00 R16 975.00 R256 475.00

Proposed Road Servitude over Erf 556 Isipingo

Midfall Investment Company (Pty) Ltd

28m² R39 200.00 R3 920.00 R43 120.00

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

Vote No.: P3797.74185.17000 R257 210.00 (Provided 2014/2015)FC: 03/CA116ADOPTED.


2.7.4 Future Expansion of the Phoenix Wastewater Treatment Works from 50MI/d to 100MI/d: Tongaat Hulett Development (Proprietary) Limited: Plan SJ 4682/7 (Ref 17/1/1/22/8.JN) (23/1/11/2/1/1): (Page 102: Finance and Procurement Committee - Agenda 2015-05-21)

The Finance and Procurement Committee considered a report dated 2015-05-06 by the City Manager in the above regard, the purpose of which was to seek the Committee's approval on the future expansion of the Phoenix Wastewater Works from 50M1/d to 100MI/d Tongaat Hullet Development (Proprietary) Limited.

In view of the advise that the initial compensation amount of the project had been R72 million and had been reduced to R61 425 547 32, it was felt that a team comprising representatives from the Legal and Compliance Unit and Real Estate Unit should engage on extensive negotiations with Tongaat Hulett in order to decrease the amount further.

However, it was noted that the Human Settlements and Infrastructure Committee considered this issue on 2015-05-05 and had recommended as follows:-

"5.1 That an offer and payment of compensation in the sum of R61 425 547.32 (Sixty One Million Four Hundred and Twenty Five Thousand Five Hundred and Forty Seven Rand Thirty Two Cents only), excluding VAT, be made to the TongaatHullet Developments (Proprietary) Limited, Registration Number: 1981/012378/07 in terms of Section 11(1) of the expropriation Act read with Section 25 (3)(d) of the Constitution of South Africa in respect of Proposed Portion 8 of Erf 28 Cornubia, registration Division FU, Province of KwaZulu-Natal in extent 1.5637ha as depicted on plan SJ 4682/7.

5.2 That subject to the adoption of .1 above, the Head: Real Estate be authorised to conclude the relevant compensation agreement and all necessary documents to effect transfer to eThekwini Municipality.

5.3 That subject to .1 and .2 above, the Deputy City Manager: Finance be authorised to include in the adjustments budget report the transfer of funds to Project Y6468 from Project Numbers Y6651 (Hammarsdale WWTW) R20 660 695.41 (Twenty Million Six Hundred and Sixty Thousand Six Hundred and Ninety Five Rand and Forty One Cents only), Y6633 (Upgrade Hillcrest WWTW) R10 000 000.00 (Ten Million Rand), Y6476 (Upgrade Umbilo WWTW) R10 000 000.00 (Ten Million Rand) and Y5602 Amanzimtoti River Trunk Sewer R20 000 000.00 (Twenty Million Rand).

5.4 That a team comprising Legal Services; Real Estate; and representatives from Tongaat Hulett should further engage with a view to reducing the compensation amount. "

In noting that the Finance and Procurement Committee resolved not to approve the first three recommendations of the Human Settlements and Infrastructure, the City Manager explained that the recommendations should stand, citing that this Committee had jurisdiction over the matter, hence, the nature of the recommendations it made. He also advised that the land in questions was required for infrastructure requirements in Cornubia.


The attention was then drawn to the fact that compensation was to be paid since the Municipality was acquiring land belonging to Tongaat Hullet. It was noted that Tongaat Hullet had since reduced the amount required for compensation but a suggestion was made that Tongaat Hullet should be engaged to begin to contribute towards social responsibility activities and that the City Manager should follow this aspect up together with the Executive Committee Member SN Gumede.

Accordingly, it was agreed to retain the recommendations of the Human Settlements and Infrastructure Committee, therefore,


2.7.4.1 That an offer and payment of compensation in the sum of R61 425 547.32 (Sixty One Million Four Hundred and Twenty Five Thousand Five Hundred and Forty Seven Rand Thirty Two Cents only), excluding VAT, be made to the TongaatHullet Developments (Proprietary) Limited (Registration Number: 1981/012378/07 in terms of Section 11(1) of the expropriation Act read with Section 25 (3)(d) of the Constitution of South Africa in respect of Proposed Portion 8 of Erf 28 Cornubia, registration Division FU, Province of KwaZulu-Natal in extent 1.5637ha as depicted on plan SJ 4682/7.

2.7.4.2 That subject to the adoption of .1 above, the Head: Real Estate be authorised to conclude the relevant compensation agreement and all necessary documents to effect transfer to the eThekwini Municipality.

2.7.4.3 That subject to .1 and .2 above, the Deputy City Manager: Finance be authorised to include in the adjustments budget report the transfer of funds to Project Y6468 from Project Numbers Y6651 (Hammarsdale WWTW) R20 660 695.41 (Twenty Million Six Hundred and Sixty Thousand Six Hundred and Ninety Five Rand Forty One Cents only), Y6633 (Upgrade Hillcrest WWTW) R10 000 000.00 (Ten Million Rand), Y6476 (Upgrade Umbilo WWTW) R10 000 000.00 (Ten Million Rand) and Y5602 Amanzimtoti River Trunk Sewer R20 000 000.00 (Twenty Million Rand).

2.7.4.4 That a team comprising Legal Services; Real Estate; and representatives from Tongaat Hulett should further engage with a view to reduce the compensation amount.

Vote No.: Y6468 FC: 65/C03R60 660 695.42 (To be met via and adjustment budget in 2014/15 Y6651, Y6633, Y6476 and Y5602)

Vote No: 1.70600.11999 R985 000.00 (2015/2016)



2.7.5 Proposed Sale of Land Between Forest Haven Drive/Swallowhaven Road: Ramakrishna Centre of SA (Ref. 49/242/184)(17/2/1/2/3):(Page 117: Finance and Procurement Committee - Agenda 2015-05-21)

Having considered the report by the City Manager dated 2015-05-06, the purpose of which was to seek approval on the proposed Sale of Land Between Forest Haven Drive/Swallow Haven Road : Ramakrishna Centre of SA,


2.7.5.1 That the Municipality declares in terms of Section 14(2)(a) and (b) of the Municipal Finance Management Act No. 56 of 2003:

2.7.5.1.1 That Erven 1928 and 1932 are not needed to provide the minimum level of basic Municipal Services.

2.7.5.1.2 That the fair market value of the properties is currently assessed at R6 200 and R3 900 respectively and the social community values to be received has been considered.

2.7.5.2 That the rezoning of Erven 1928 and 1932 Forest Haven from Special Residential to Worship Purposes be undertaken by the Centre.

2.7.5.3 That in terms of Regulation 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, Erven 1928 and 1932, Registration Division FU in the Province of KwaZulu-Natal together in extent 396 m² depicted on GP No 805/2010 be sold in freehold by private treaty to the Ramakrishna Centre of South Africa (Registration No 053-630-NPO), at a total price of R11 514 inclusive of VAT, subject to registration of the 2 meter Sewer and Drain servitudes in favour of Council as depicted on GP 106/1985).

2.7.5.4 That authority be granted for the Bid Adjudication Committee to consider the report to deviate from procurement process in order to formally sell Erven 1928 and 1932 Forest Haven in terms of Section 36 (1) (a) (v) of the Supply Chain Management Regulations.

2.7.5.5 That in the event of objections being lodged to the proposed sale of Erven 1928 and 1932 Forest Haven, the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy headed "Resolution of Disputes, Objections and Queries"

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



2.7.6 Monthly Report on Public Tender Awards Made by the City for the Month of April 2015 (9/1/3):(Page 127 and attached as Annexure C: Finance and Procurement Committee - Agenda 2015-05-21)

During discussion of the Supply Chain Management reports on pages 127 and 168 of the agenda, the following clarity was provided to the following questions raised by the Finance and Procurement Committee:-

● Contracts with a zero value on page 144. It was advised that these had been the framework contracts for the provision of miscellaneous built environment professional services. It was further advised that the contracts had only been awarded as and when the project had been required.

● The recommendation of the Department on page 127 that reads "3.3. City Manager reserves the right to investigate the awards with a view to taking disciplinary, criminal and recovery actions where willful and negligent violation of SCM Policies and MFMA provisions are observed" was discussed.

It was advised that no reports had been provided to the Committee in terms of this recommendation. In that regard the Committee noted that such recommendation was a "standing" requirement of the City Manager and the City Integrity Department attending to such cases. However, reports thereon were being submitted by to the Municipal Public Accounts Committee.

Further, it was requested that a summary report on investigations and actions taken from July 2013 to date be provided to the Committee.


2.7.6.1 That the monthly report of the City Manager dated 2015-05-12, relative to Public Tender Awards, made by the eThekwini Municipality during the month of April 2015, be noted.

2.7.6.2 That it be noted that where the information is available for Wards and registration numbers, it is included in the report mentioned in 1. above, as information used to compile the report is taken from submissions made by the eThekwini Municipality Units.

2.7.6.3 That the City Manager reserves the right to investigate the awards with a view to taking disciplinary, criminal and recovery actions where willful and negligent violation of Supply Chain Management Policies and Municipal Finance Management Act provisions are observed.

2.7.6.4 That the City Manager shall submit a report relative to the disciplinary, criminal and recovery actions taken, it being recorded that the City Manager can only respond when investigations have been conducted and reports with findings are available.

2.7.6.5 That in view of 3. above, the Head : Supply Chain Management arrange for a report to be presented to the Finance and Procurement Committee depicting a summary of investigations and the actions taken from July 2013 to date.



2.7.7 Report on Requests/Awards Made in Terms of Regulation 36 of the Municipal Supply Chain Management (Deviation and Ratification of Minor Breaches Of Procurement Processes) Within the eThekwini Municipality for the Month of April 2015 (9/1/3): (Page 168 and attached as Annexure D :Finance and Procurement Committee - Agenda 2015-05-21)


2.7.7.1 That the monthly report of the City Manager dated 2015-05-12, relative to requests/awards made in terms of Regulation 36 of the Municipal Supply Chain Management (deviation from minor breaches of procurement processes) within the eThekwini Municipality for the month of April 2015, be noted.

2.7.7.2 That it be noted that where information is available for Wards and registration numbers, it is included in the report mentioned in 1.above as information used to compile the report is taken from submissions made by the eThekwini Municipality Units.

2.7.7.3 That these Regulation 36 requests are included as note in the annual financial statements for 2014/2015.

2.7.7.4 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.

2.7.7.5 That the City Manager shall submit a report relative to the disciplinary, criminal and recovery actions taken, it being recorded that the City Manager can only respond when investigations have been conducted and reports with findings are available.


2.7.8 Budget Statement Report for the Month Ending 30 April 2015 (7/1/4):(Page 192 and attached as Annexure E :Finance and Procurement Committee - Agenda 2015-05-21)

During discussion of the above-mentioned statement report, the following issues, inter-alia, were highlighted by the Finance and Procurement Committee:-

● "Other Revenue" Description on page 202. It was noted that the description referred to the sundries i.e. the hire of municipal halls.

● The contractual claims on Western Aqueduct on page 208 with a potential to cost over R100m. It was noted that this amount had been budgeted for under the current financial year.

● Emtateni Logistics and Transnet. It was noted that there had been ongoing engagements between the Legal and Compliance Services Department with regard to the R64 million owed to Council by both Emtateni Logistics and Transnet. Parastatals. The Department had been requested to provide a column elaborating on the status of the recovery process.


● Ward Committee Members in Arrears. It had been requested that Ward Councillors approach the office of the Speaker for the provision of information on Ward Committee Members in arrears on municipal accounts.

● Feedback on a meeting held with the Minister of KwaZulu-Natal Human Settlements Department with the intention to recover the debt owed to the Municipality by the Provincial and National Governments. It was advised that numerous meetings had been held with the Minister with the intention to recover the debt owed.

It was submitted that the KwaZulu-Natal Human Settlements Department had been provided with R3 billion for its projects and had allocated 3% of that amount to eThekwini Municipality. Further, it was submitted that in order for the Provincial Department to fund Council it had to either cancel some of the projects it had intended to fund or request the National Department to increase the funds allocated to the Province. In that regard, it was noted that the Province could not refund eThekwini Municipality until the process had been concluded.

Councillor Crouch, Collins, Macpherson, Singh, Ganesh and Beetge of the Democratic Alliance dissented at the Finance and Procurement Committee and Councillors NC Gumede and J Naidoo of Inkatha Freedom Party abstained.

At the Executive Committee level, the Democratic Alliance explained that the reason for dissention on this matter is because of prevailing uncertainties in respect of the funds owed by the Provincial Department of Human Settlements in the amount of R2.4 billion and the recent Council approval to allocate an amount of R140 Million from the City's budget for human settlements project. Further, reference was made to pending feedback arising from the meeting held by the City with the MEC for Human Settlements.

Speaking on this matter, His Worship the Mayor confirmed that the MEC made an undertaking to transfer an amount of R140 Million to the City, but it had since been learned that only R15 Million had been received from the Province thus far. The Mayor advised of the follow up meeting to be held with the MEC and undertook to pursue this matter again. With regard to the amount of R2.4 billion owed by the Province to the City, the Executive Committee Member SN Gumede advised that the MEC had given an indication that the Province would be unable to pay this amount and suggested the City should refer the matter for a decision at the National Department of Human Settlement level.

On the other hand, the Executive Committee Member SN Gumede drew the attention of the Committee to the fact that it was critical for the City to identify savings to fund human settlements projects citing far-reaching implications in the event of work stoppages since the Municipality might face potential court actions from residents whose houses had already been demolished for housing construction and from contractors for failure to pay them for work undertaken as appointed by the City.

Given the undertaking by His Worship the Mayor to pursue the issue of funding for human settlements,



That the Budget Statement Report for the Month Ending 2015-04-30, prepared and submitted by the City Manager as per his report dated 2015-05-12 and as per the requirements of Section 71 of the Municipal Finance Management Act (MFMA) and in terms of Government Notice No 32141 dated 17 April 2009, be noted.


2.7.9 Report on Investments (7/11/4):(Page 320 :Finance and Procurement Committee - Agenda 2015-05-21)


That the report on the investments of the eThekwini Municipality as at 2015-04-30, prepared and submitted by the City Manager as per his report dated 2015-05-06 and as per the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be NOTED.


2.7.10 Municipal Entities Audit Requirements for the Year Ended 30 June 2015 (2/10/1/1/3):(Page 331 and attached as Annexure E :Finance and Procurement Committee - Agenda 2015-05-21)


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



2.7.11 Accounting Policies for the Year Ended 30 June 2015 (7/P):(Page 332 and attached as Annexure F :Finance and Procurement Committee - Agenda 2015-05-21)


That in order to ensure compliance with S122 (3) of the Municipal Finance Management Act and National Treasury guidelines, which requires that the Annual financial statements of the Council and its entities are in accordance with the Standards of Generally Recognised Accounting Practice, the Accounting Policies as reflected in Annexure A to the report of the City Manager dated 2015-05-13 and Standards of Generally Recognised Accounting Practice, be approved.ADOPTED.

2.7.12 Budget Overview Report for the 2015/2016 MTREF:(Page 360 :Finance and Procurement Committee - Agenda 2015-05-21)


That in an endevour to ensure that service delivery in respect of roads infrastructure, housing developments, electricity supply, municipal area cleansing and other services facilities are improved, the report by the City Manager dated 2015-04-29 relative to the Budget Overview for the 2015/2016 MTREF, be approved.


2.8 INTEGRATED DEVELOPMENT PLAN 2014/2015: MID TERM AMENDMENTS TO THE ORIGINAL ORGANIZATIONAL SCORECARD AND SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN (2/1/6/1 7 2/10/1//1/1)

(Page 14)


That the additional amendments to the 2014/15 Organisational Scorecard and the Service Delivery and Budget Implementation Plan effected to achieve necessary alignment, as per various reasons contained in the report by the City Manager dated 2015-05-12, be adopted.ADOPTED.


2.9 SPATIAL DEVELOPMENT FRAMEWORK REVIEW 2015/2016 (21/5/1)()


2.9.1 That the 2015/16 Spatial Development Framework (SDF) Review, circulated separately, be adopted, it being recorded that the review incorporated the following elements:-

(i) Addressing comments made by the MEC for Co-operative Governance and Traditional Affairs (COGTA) on eThekwini Metro 2014/15 SDF Review;

(ii) Addressing comments made by Co-operative Governance and Traditional Affairs (COGTA) on the Draft 2015/2016 SDF Review as part of their IDP Assessment process;

(iii) Cross boarder engagements with neighbouring Municipalities to align spatial planning within the sub-region;

(iv) Updating and revising IDP and SDF to reflect the current status of planning in the Municipality;

(v) Updating information and mapping to ensure further alignment with amended sector plans, including Built Environment Performance Plan;

(vi) Undertaking improvements in the Geographic Information System (GIS) mapping;

(vii) acknowledging the limitations of the SDF and identifying mechanisms to address these;

(viii) Alignment with the latest legislative requirements informing spatial planning; and

(ix) Incorporated public and stakeholder comments received in response to the Public Notice calling for comments from 01 April 2015 to 04 May 2015

ADOPTED.

2.10 INTEGRATED DEVELOPMENT PLAN 2015/2016: FINAL REPORT (2/1/6/1)(Page 52)


2.10.1 That Council adopts the 2015/16 Integrated Development Plan (IDP), circulated separately, and which has been prepared in line with the requirements of the Municipal Systems Act, it being recorded that inputs received from stakeholders have been taken into account in finalising the IDP.ADOPTED.

2.11 HOSTING OF THE 2022 COMMONWEALTH GAMES (13/2/1/1/1)(Page 54)

Clarity was given that the overall costs of hosting the Commonwealth Games amounted to R3.4 billion. Out of this amount there was an allocation of an amount of R1.086 billion to be funded by the Province and the City on a cost-sharing basis. The City Manager confirmed that the City's contribution would be budget for over a spread of 7 (seven) financial years. He also confirmed that specific discussions on the parties' involvement in different projects linked to the games would commence upon obtaining the outcome of the bid.



2.11.1 That Council notes progress linked to the bid and evaluation process for the 2022 Commonwealth Games as contained in the report by the City Manager dated 2015-05-12.

2.11.2 That Council approves the City's contribution towards the costs of hosting the Commonwealth Games limited to 50% of the total budget commitment of R1 086 billion to be shared with the KwaZulu-Natal Provincial Government and with this budget being linked to the identification of related projects, it being recorded that the overall costs of hosting the games will be R3.4 billion to be funded at the National Government level.

2.11.3 That authority be granted for the City Manager to sign a Memorandum of Agreement or Service Level Agreement with relevant stakeholders and seek input from Legal and Compliance Unit for this purpose.

2.11.4 That the Deputy City Manager: Finance identifies funding mechanisms to meet the City’s contribution towards the hosting of the 2022 Commonwealth Games.

2.11.5 That the Deputy City Manager: Community and Emergency Services provides regular updates on the progress of this major event as a strategic project within the City.

Operating Expenditure R000 R000 Provincial Contribution in %

Games Facilities

- Sports venues (overlays and equipment) 124, 600 124, 600 100

- Commonwealth Village (services, overlays 163, 850 163, 850 100

Games workforce 633, 750 316, 000 50

Advertising and promotions 391,652 80, 000 20

Administration (volunteers) 103, 000 51, 500 50

Readiness/Test events and meetings 40, 000 20, 000 50

Project Management fees 34, 000 0

Capital expenditure

Sports Facilities 330, 000 330 000.00 100

Commonwealth Games Village- New 1, 300, 000 0

3, 410, 852 1 085 950.00

ADOPTED by majority vote


2.12 INVITATION TO ETHEKWINI MUNICIPALITY TO SERVE AS CO - LEADERSHIP CITY FOR THE C40 SUSTAINABLE SOLID WASTE SYSTEMS NETWORK (WS2015/068) (32/2/2)

(Page 58)


That Council grants authority for the eThekwini Municipality's Cleansing and Solid Waste Unit to accept the role of Co-leadership on the C40 Sustainable Solid Waste Systems Network, which position will enable the City to assist other Cities in Africa with solid waste management challenges and guide policies across the Continent whilst also benefitting from having direct contact with organisations with vast experience in solid waste management and access to technical expertise from organisations such as the International Solid Waste Association.


2.13 REQUEST FOR APPROVAL FOR HIS WORSHIP THE MAYOR, JAMES NXUMALO, TO ATTEND AND PARTICIPATE AT THE 2015 FINANCIAL TIMES TRANSFORMATIONAL BUSINESS CONFERENCE IN LONDON, UNITED KINGDOM (14/1)

(Page 64)


2.13.1 That authority be granted for His Worship the Mayor, Councillor James Nxumalo or his nominee to travel to the United Kingdom to participate by making input on eThekwini’s transformational journey at the Mayor’s Roundtable during the Financial Times Awards and Business Conference to be held on 11 June 2015 in London, United Kingdom.

2.13.2 That subject to the adoption of .1 above, urgent response be given to the Financial Times Awards and Business Conference confirming the participation of His Worship the Mayor or his nominee on this conference.

Financial Implications:

The estimated costs for the trip are as follows:-● Return Flights - R17 000.00● Airport transfers - R 1 600.00 (from the airport to the hotel),

R 1 600.00 (from the hotel to the airport)● Accommodation - R 700.00 per night.● Travel Insurance - R 399.00.

Vote No.: 10371.11960 FC No.: 08/25ADOPTED.


2.14 COLLECTION OF DEBT FROM EMTATENI LOGISTICS (7/6/3/1)

(Page 70)


2.14.1 That Council notes explanation on what gave rise to the debt owed by Emtateni Logistics, a company which has been contracted by the City for the provision of parking meter system; installation; commission; operation; maintenance; management; inspection; and certain summons generation and service within the jurisdiction of eThekwini Municipality, as well as the interventions made by the City to recover an amount of R8.7 Million which accumulated over a period of time, as recorded in the report by the City Manager dated 2015-05-12.

2.14.2 That the Head: Legal and Compliance be mandated to lodge a claim against Emtateni Logistics.

2.14.3 That Council consider writing off the amount of R8.7 Million owed by Emtateni Logistics if Legal and Compliance advises against the lodging of the Municipal claim.


2.15 REVIEW OF TARIFFS 2015/2016: OFFICE OF THE CITY MANAGER CLUSTER (7/6/1/1)

(Page 73)


2.15.1 That all ‘Present Tariffs’, as reflected in Annexure "A" (Tariffs 2013/2014) of the report by Head: Legal and Compliance dated 2015-01-22, be hereby rescinded with effect from 2015-06-30.

Data relating to income and expenditure and licenses issued in respect of Business Licensing as shown below:-

Income & Expenditure - Business License

Year 2012/2013 (Actual)

Year 2013/2014 (Actual)

Year 2014/2015 (6 months)

R R R

Income 781 534.00 855 406.00 800 000.00

Expenditure 5 451 070.00 6 316 860.00 3 677 020.00

DEFICIT 4 669 536.00 5 461 454.00 2 877 020.00

Financial Years 2012/2013 2013/2014 2014/2015

No. of Business Licenses Issued 585 782 1 565


2.15.2 That subject to the adoption of .1 above, the proposed tariffs including VAT’ as set out in Annexure A (Tariffs 2015/2016) attached to the report by the Head: Legal and Compliance, be adopted with effect from 2015-07-01.

2.15.3 That the City Manager is required:-

2.15.3.1 To display a copy of this resolution and the said tariff of charges conspicuously:-

(a) On the City Hall Notice Board; and

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

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

ETHEKWINI MUNICIPALITY

Notice is hereby given that:-

(a) A resolution of the kind contemplated in section 75 A (2) of the Local Government: Municipal Systems Act 2000 (Act 32 of 2000) was passed by the Municipal Council on 2015-02-05.

(b) A copy of the said resolution and annexed tariff of charges be made available for inspection at:-(i) City Hall, Dr PixleykaIsakaSeme Street, Durban

(ii) Sizakala Centres

2.15.3.3 The effective date for the implementation of the said tariff of charges be 2015-07-01.

2.15.3.4 To seek to convey the information referred to in the said notice to the public through East Coast Radio, Ukhozi FM Radio and Community Radio Stations.

2.15.3.5 To send a copy of the notice to the Provincial MEC for Co-operative Governance and Traditional Affairs.

Recommendations AMENDED in .15.3.4 thereof by the deletion of the word “and” in the second line thereof and by the substitution therefor of the punctuation “,” and by the addition of the words “and Community Radio Stations” at the end thereof to read as follows:

“To seek to convey the information referred to in the said notice to the public through East Coast Radio, Ukhozi FM Radio and Community Radio Stations.”

And, thereafter ADOPTED


2.16 PUBLIC PARTICIPATION TRAINING PROGRAMME (6/2/3/1)(Page 77)


2.16.1 That authority be granted for the Head: Community Participation and Action Support to incur expenditure in the amount of R4 Million to enroll 250 Municipal employees whose professional and planning functions have long term impacts on the quality of life of ordinary citizens to undergo Public Participation Training Programme destined to create an understanding of the nature of community development and the critical role of public participation.

2.16.2 That authority be granted for the Durban University of Technology (DUT) to administer the course for the Higher Certificate qualification for the first group of 200 candidates and the Master courses over a five day period spread over one month for 50 candidates to be registered for this course, it being recorded that suitable dates for training were still to be agreed upon between DUT and eThekwini Municipality and that amongst the reason for selecting DUT is because of the existing Memorandum of Understanding between this institution and the City and this is a credible registered institution with experienced academic staff.

2.16.3 That Council approves the identification of savings from Units within the Governance Cluster to fund the 2015 enrollment of the Public Participation Training Programme.

2.16.4 That Council notes that financial implications of R12 Million will be incurred to run the Public Participation Training Programme, which funds will be spread over a period of three (3) financial years with 600 employees being targeted for training during this period.

Recommendations AMENDED in the third line of .16.2 thereof by the deletion of the letter “s” from the word “Masters” and by the addition of the letter “s” to the word “course” and thereafter ADOPTED, it being recorded that the financial details herefor will be reflected in the minutes.

2.17 REPORT ON BUILT ENVIRONMENT PERFORMANCE PLAN FOR 2015/16 FINANCIAL YEAR (7/4/2 & 21/11/P)(Page 85)


2.17.1 That Council approves the 2015/16 Built Environment Performance Plan (BEPP) which has been prepared to complement existing Municipal plans, as prescribed by National Treasury with a view to integrating plans of key sectors, including economic; transport; and housing and the co-ordination of budgets of Municipal; Provincial; and National Government and the co-ordinated timing of implementation that should result in triggering long term spatial transformation and inclusivity, facilitating economic growth and improve service delivery.

2.17.3 That detailed engagement be undertaken with the Executive Committee and Council from July 2015 onwards to unpack the BEPP in more detail in order to inform the 2016/17 BEPP.ADOPTED.


2.18 REQUEST TO EXTEND THE LEASE IN TERMS OF SECTION 116(3) OF THE SCM REGULATIONS AT UMLAZI MEGACITY FOR THE CONTINUED USE AS A SIZAKALA CENTRE (17/2/2/1/2)

(Page 180)

The Executive Committee commended the Deputy City Manager: Governance and International Relations for forward-planning in terms of attending to the lease of the Sizakala Centre situated at Megacity.


2.18.1 That authority be granted for the Deputy City Manager: Governance and International Relations to extend the lease in terms of Section 116(3) of the Supply Chain Management Regulations, at Umlazi Megacity for the continued use as a Sizakala Centre upon the expiry of the lease on 30 November 2015 for the extension to commence on 01 December 2015 until new appointment is made.

2.18.2 That the reason for requesting extension is to afford the City time to find premises at a market-related rate at Megacity or surrounding areas for use as Sizakala Service Centres to serves as customer service for the residents of Umlazi.

2.18.3 That subject to the adoption of .1 above, public notices in terms of Section 116 (3) of the Municipal Finance Management Act requesting comments and/or objections to the proposed extension be advertised in the relevant print media.ADOPTED.

2.19 MONTHLY SALGA REPORT TO MEMBERS: 30 APRIL 2015 (14/2/1/1/1)

(Page 264)


2.19.1 That Council notes the report from South African Local Government Association (SALGA) as at 30 April 2015, attached herein as Annexure "A" and which reports communicates to the Municipalities various issues including (i) SALGA KZN Membership Levies due for payment; (ii) establishment of Spatial Planning and Land Use Management Act (SPLUMA) structures as well as development of SPLUMA bylaws; (iii) hosting of Workshops by SALGA on Councillor Remuneration; (iv) SALGA interventions to address delays in the payment of sitting allowance for Councillors serving on SALGA governance meetings and (v) dates of SALGA governance meetings as well as compliance requirements in respect of the attendance of these meetings.



2.20 NOTING OF RULE OF ORDER 28:REQUEST FOR FINANCIAL ASSISTANCE TOWARDS THE FUNERAL COSTS OF 6 FIRE VICTIMS IN WARD 69 (13/6)

(Page 267)


That, in response to the request for financial assistance received, the approval given by His Worship the Mayor, Councillor JS Nxumalo, in terms of Rule of Order 28 for the eThekwini Municipality to contribute an amount of R60 000.00 (Sixty Thousand Rand) towards the funeral costs of the six (6) fire victims from 2 separate families, with a family in House 174 being allocated an amount of R15 000.00 (Fifteen Thousand Rand) and the family in House 176 being allocated an amount of R45 000.00 (Forty Five Thousand Rand), both of Ward 69 in Bayview, be noted.

Details of Deceased:

Address Family Details Gender ID Number

House 174 Bongi Ngubane Male 1989-01-31

House 176 NobathiniGasela Female 1976-05-04

Fatima Gasela Female 8 Years

Sikhusele Gasele Male 6 Years

Twins (x2) - One week old

Vote: 15021.1069.00008 R60 000.00NOTED.

2.21 REPORT OF THE TOWN PLANNING SUB-COMMITTEE: SPECIAL MEETING HELD ON 2015-05-25(Page R34)

2.21.1 Application in terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No. 6 of 2008 for the amendment of the Mpumalanga Scheme, component of the Outer West Scheme by rezoning a portion of portions 53 and 54 both of the Farm Woody Glen No. 1247 (Depicted as proposed Lease 1 and Lease 2) Situated at 97 Meyiwa Main Road, Mpumalanga B from Civic and Social to Commercial (21/7/3).(Page 464)


2.21.1.1 That in terms of Chapter 2, Part 2, Section 13 (1) of the KwaZulu-Natal Planning & Development Act, Act No. 6 of 2008, the amendment of the Mpumalanga Scheme (a component of the Outer West Scheme) by rezoning a portion of Portion 53 of the Farm Woody Glen No. 1247 measuring approximately 2.4556 Ha in extent and a portion of Portion 54 of the farm Woody Glen No. 1247 measuring approximately 0.0800 Ha in extent (Ingonyama Trust Board Reference- Erf 1930 Mpumalanga B) situated at 97 Meyiwa Main Road, Mpumalanga B from Civic and Social to Commercial, be approved, subject to the following condition:-


2.21.1.1.1 All costs of infrastructure upgrade requirements of the respective Municipal Service Departments to be borne by the applicant and complied with to the satisfaction of the eThekwini Municipality.

2.21.1.2 That the application be approved for the following reasons:-

2.21.1.2.1 A neighbourhood retail centre of this size will benefit the community in terms of economic investments and employment opportunities, while still allowing for the development of other higher order economic activities proposed within the Mpumalanga Town Precinct.

2.21.1.2.2 The development of the site will complete the existing non-residential node and will complement the other activities in the area.

2.21.1.2.3 The rezoning of the property from Civic and Social to Commercial does not sterilise the site of any civic or social land use, as these are still permitted either as a free entry use by development permit and special consent in terms of Mpumalanga Scheme.

2.21.1.2.4 The development of lower order nodes can only be addressed at local level on an individual basis, as while the Integrated Development Plan, Spatial Development Plan and Outer West Spatial Development Framework are important development guidelines, they are very broad-based strategies. The application is in line with the Mpumalanga Local Area Plan 2014 with regards to local level development nodes.

2.21.1.2.5 The department is of the opinion that the application is in line with eThekwini Municipality's Integrated Development Plan and other relevant planning guidelines as well as the intentions and aims of the KwaZulu-Natal Planning and Development Act, Act No.6 of 2008.ADOPTED.

2.22 UPGRADE OF CITY HALL PUBLIC ADDRESS SYSTEM AND CCTV SYSTEM (8/1/15/1 & 17/2/2/2/1)(Page L8)


2.22.1 That authority be granted for the Deputy City Manager: Governance and International Relations to incur expenditure in the amount of R5.2 Million to replace outdated Public Address (PA) System and the CCTV System at the City Hall complex to comply with standard building regulations to ensure safety of occupants.

2.22.2 That authority be granted for the Deputy City Manager: Governance and International Relations to engage the eThekwini Municipality's Disaster Management Unit for the installation of the PA and CCTV System since this Unit is administering the Municipal-wide tender for PA Systems.

2.22.3 That authority be granted for the Deputy City Manager: Governance and International Relations to utilise savings in the amount of R5.2 million identified from City Hall Interior Aircon Project and Umhlanga Sizakala Centre Project respectively for the installation of the Public Address and CCTV systems within the City Hall building.ADOPTED, it being recorded that the financial details herefor will be reflected in the minutes.


3. In view of time constraints the REPORT OF THE MUNICIPAL PUBLIC ACCOUNTS COMMITTEE was not considered and accordingly DEFERRED to the next meeting of the Council.

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

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

Councillor S Bhanprakash : 2015-06-03 to 25Councillor MR Bhengu : Request to leave at 16:30Councillor RJ Crouch : 2015-05-27Councillor JM Dlamini : 2015-05-26 to 28Councillor BM Gwala : Request to leave at 16:00Councillor B Jayanathan : 2015-05-27 to 08-01 (Indisposed)Councillor PP Hlengwa : 2015-05-27 to 29 (Indisposed)Councillor RJ Lefevre : 2015-05-27Councillor NT Mabaso : 2015-05-28 to 06-15 (Study Leave)Councillor BA Mkhize : 2015-05-27Councillor P Mfeka : 2015-05-25 to 28 (Indisposed)Councillor ON Mthembu : 2015-05-27 to 29Councillor BR Mtshali : 2015-05-27 to 28Councillor MC Ngcobo : 2015-05-27 to 28Councillor ZV Nzama : Request to leave at 16:15 (Municipal Business)Councillor P Padayachee : 2015-05-27Councillor D Pillay : 2015-05-27 (Indisposed)Councillor K Pillay : 2015-05-27 (Indisposed)Councillor MP Sibiya : 2015-05-26 to 28 (Indisposed)Councillor Z Sibiya : 2015-05-27 (Indisposed)Councillor PS Sishange : 2015-05-04 to 08-01 (Indisposed)

City Administration: Secretariat29 May 2015

decisions - council - 2015-05-27 minutes and... · web viewthat the following resolutions...

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