minutes and... · web view2.3.2that subject to the approval of .1 above, authority be granted to...

KRR(2019-09-27)(SAM)[CHALL-178321] 2019-09-30

COUNCIL DECISION CIRCULAR : MEETING HELD ON 2019-09-27

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2019-09-27.

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

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

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

- 2 - (eThekwini MunicipalityCouncil Decisions - 2019-09-27)

1. FIRST REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2019-09-10

_____________

1. APPOINTMENT OF CHAIRPERSONS FOR SECTION 80 COMMITTEES

(Page 1)

COMMITTEE RECOMMENDS:

That Council notes, in line with the requirements of Section 80(3)(a) of the Local Government: Municipal Structures Act No. 117 of 1998, the following Councillors of the Executive Committee, duly nominated and seconded, have been appointed Chairpersons of the undermentioned Support Committees, to take responsibility and lead activities of such Committees with the support of the respective Deputy City Managers, it being recorded that the issue of oversight function in respect of finance matters and the allocation thereof to a Support Committee is still under consideration:

COMMITTEE CHAIRPERSON

Human Settlements and Infrastructure Councillor T Sabelo

Security and Emergency Services Councillor BF Scott

Governance and Human Resources Councillor NI Sithole

Economic Development and Planning Councillor SA Kaunda

Community Services Councillor N SibiyaNOTED, by the majority vote.

2. UPDATE ON 2019 UNITED CITIES AND LOCAL GOVERNMENT CONGRESS,

11-15 NOVEMBER 2019, DURBAN (3/3)

(Page 3)

The Committee received progress report on preparations for the United Cities and Local Government Congress (UCLG) being hosted by eThekwini Municipality in partnership with the South African Local Government Association (Salga) from 11 to 15 November 2019 at Inkosi Albert Luthuli International Convention Centre, Durban.

Subsequently, the Committee deliberated on the establishment of the Political Organising Committee (POC) to drive overall preparations for the UCLG Congress. It was agreed that Councillors SA Kaunda and NI Sithole be nominated to serve in the aforesaid Committee together with His Worship the Mayor, Councillor TM Kaunda.

It should be noted that the Democratic Alliance was not in support thereof since it preferred representation to be based on Political Party proportional representation.


The Democratic Alliance therefore further suggested that permission be sought from Salga for the Municipality to add another Councillor to serve on the POC.

Thereafter, reference was made to an outstanding Workshop which was due to be conducted on UCLG matters. It was then agreed that arrangements be made accordingly to fully brief the Executive Committee in this regard.

Following deliberations, the Members of the Democratic Alliance dissented on this item and, with the majority of the Members being in support,


2.1 That Council notes preparations are at an advanced stage for the 6th United Cities and Local Government Congress (UCLG) being hosted by eThekwini Municipality in partnership with the South African Local Government Association (Salga)from 11 to 15 November 2019 at Inkosi Albert Luthuli International Convention Centre, Durban.

2.2 That the City Manager be mandated to advise UCLG of the change in the leadership of eThekwini Municipality to enable the voting status of His Worship the Mayor, Councillor TM Kaunda during the Congress.

2.3 That the establishment of the Political Organising Committee, be approved, to drive overall preparations for the Congress, with its membership to comprise members of Salga Presidency; eThekwini Mayor and 02 (two) Executive Committee Members; UCLG Member of Executive Committee; and Key National Departments.

2.4 That, together with His Worship the Mayor, Councillor TM Kaunda, Councillors SA Kaunda and NI Sithole, in their respective capacities as Chairpersons of Economic Development & Planning Committee and Governance & Human Resources Committee, be nominated to serve as the Municipality’s representative on the Political Organising Committee referred to in .3 above.ADOPTED, by the majority vote.

_____________

2. SECOND REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON FRIDAY, 2019-09-13

_____________

1. REPORT OF GOVERNANCE AND HUMAN RESOURCES COMMITTEE: MEETING HELD 2019-08-14

(Page R1)

1.1 Naming of Streets in Ward 58 Covering Sibaya Node Development (25/4/15/1):(Page 14: Governance and Human Resources Committee - Agenda 2019-08-14)

The Streets in Ward 58 covering the Sibaya Node Development are within the private estate and, as a result, the Municipality has no jurisdiction over the area. Therefore, the purpose of this report is for the Council to note that the process


undertaken by the Developer is in accordance with the Council’s Street Naming Process.



That it be acknowledged that the requirements for the naming of the streets in Ward 58 has been concluded within the Council’s requirements and, notwithstanding that the streets concerned are within the private estate, as part of the process, the Developer’s street naming within the Sibaya Node Development, be approved.

Street Code Proposed Name

Reviewed Name Meaning

610931 Street Heritage HERITAGE DRIVE Means features belonging to the culture of a particular society, such as traditions, languages or buildings that were created in the past and still have historical importance.

610932 Street Fauna FAUNA ROAD It is a term referring to all the animal life in a particular region or period.

610933 Street Habitat HABITAT ROAD Refers to the type of environment in which an organism or group normally lives or occurs.

ADOPTED.

1.2 Fraud Prevention Policy Review (15/5/P):(7: Governance and Human Resources Committee - Agenda 2019-08-14)


1.2.1 That the reviewed Fraud Prevention Policy, 2019, which outlines the eThekwini Municipality’s commitment to the reduction and eradication of incidences of fraud; corruption and any other misconduct, and with the policy in general regulating the prevention, detection, investigation and resolution of fraud, corruption and other incidents of misconduct and reporting thereof, including promotion of good governance and human rights throughout the eThekwini Municipal area, as contained in the report by the Head: City Integrity and Investigation dated 2019-06-21, be adopted.

1.2.2 That subject to adoption of .1 above, authority be granted to the Head: City Integrity and Investigation to implement within the eThekwini Municipality the Fraud Prevention Policy, as reviewed, as per the commitment to the promotion and maintenance of a high standard of professional ethics.

1.2.3 That it be noted that the review of the current Fraud and Prevention Policy previously adopted by the Municipal Council in the year 2007 is necessitated by the promulgation of new laws and bill, and outlines the eThekwini Municipality’s commitment to the reduction and eradication of incidences of fraud, corruption and any other misconduct.ADOPTED, by the majority vote.


2. REPORT OF COMMUNITY SERVICES COMMITTEE: MEETING HELD 2019-08-15

(Page R5)

2.1 Request for Project Authority: Implementation of Community Participation and Action Support Unit Programmes: 2019/2020 Financial Year (2/1/5/1) & (2/3/2/1/2):(Page 11: Community Services Committee – Agenda 2019-08-06)

The Community Services Committee was in support of the Community Participation and Action Support Unit’s intention to implement programmes to encourage and enhance active public participation of the community in the Council decision making processes, in terms of Section 4(2) of the Municipal Systems Act, 2000 and the White Paper on Local Government (Section B, paragraph 33).

At the Executive Committee meeting the DA and the IFP raised concern in that approval was being sought for an amount in excess R127 million, yet there was no breakdown of the amounts in respect of the programmes to be undertaken.

Clarity was provided that the departmental report submitted to the Community Services Committee contained the required information and the budget for such projects had been approved by Council during the budget process. Further, prior to each programme being implemented, a report with detailed logistics would be submitted to Committee for consideration.

With the departmental report having being presented to the Executive Committee at a later stage of the proceedings and with three (03) DA Executive Committee Members and one (01) IFP Executive Committee Member abstaining,


2.1.1 That authority be granted to the Head: Community Participation and Action Support to coordinate and implement programmes enhancing public participation to enable the Municipality to involve citizens in the processes resulting in them to effectively influence municipal processes and take ownership of developments within the eThekwini Municipality.

2.1.2 That subject to the approval of .1 above, authority be granted to the Head: Community Participation and Action Support to incur expenditure to the amount of R127 406 310.00 (One Hundred and Twenty Seven Million Four Hundred and Six Thousand Three Hundred and Ten Rand) towards the implementation of various programmes in an effort to enhance public participation in the Council decision making processes.

2.1.3 That, prior to the implementation of each programme, a report with detailed logistics be submitted to the Committee for approval.

2.1.4 That a close-out report be completed for each programme implemented and submitted to the Committee to undertake its oversight role.

2.1.5 That subject to the approval of .1 and .2 above, all expenditure and procurement of goods and services be undertaken strictly in accordance with the Supply Chain Management Policy and the Municipal Finance Management Act, 2003 as well as Circular No. 82 regarding Cost Containment Measures.


Financial Implications:

Policy, Admin and Grant-in-Aid Section Programmes: R 7 253 900.00Regional Services Section Programmes: R 22 029 780.00Sectoral Programmes Section: R 98 122 630.00Total Amount: R127 406 310.00

FC No.: 2020/06/04ADOPTED, by the majority vote.

2.2 Request for Approval: Expansion of Soup Kitchen Programme with Eighteen (18) Additional Soup Kitchen Sites (19/1/1/1/2):(Page 18: Community Services Committee – Agenda 2019-08-06)

The Community Services Committee noted that seventy four (74) soup kitchens sites were currently in operation in targeted areas within the eThekwini Municipality. That there is a dire need for the expansion of the project to other poverty stricken areas as part of the Poverty Alleviation Programme.

The proposed sites were identified for an additional eighteen (18) new soup kitchens to be established during the 2019/2020 financial year.

At the Executive Committee meeting some Executive Committee Members queried the amount that had been budgeted for the purchase of essential equipment, contending that some soup kitchens were already equipped with such tools.

It was requested and agreed that oversight inspections of these soup kitchens be undertaken and the name “Soup Kitchen” be changed to “Nutrition Programme” with it being stressed that recipients should receive the correct nutritional value in terms of the money spent.

With Executive Committee Member Nkosi abstaining,


2.2.1 That authority be granted to the Head: Community Participation and Action Support to facilitate the establishment and operation of additional eighteen (18) soup kitchens during the 2019/2020 financial year, with the areas identified including the following:

(i) KwaDabeka Zone 1 Ward 20 (ii) Inchanga (Skhelekehleni) Ward 04

(iii) Chapas (Informal Settlement) Ward 35 (iv) Phoenix (Phola Park) Ward 48

(v) Imfume Ward 105 (vi) Mobeni Heights Ward 69

(vii) Inanda (Ematendeni) Ward 108 (viii) Tshelimnyama Ward 37

(ix) Umbilo Ward 33 (x) Kwandengezi Ward 12

(xi) Newton B Ward 107 (xii) KwaMashu Zone 3 Ward 40

(xiii) Umlazi Zone 14 Ward 84 (xiv) Umlazi Zone 15 Ward 81

(xv) Tongaat (Mbhayi) Ward 61 (xvi) Emaphephetheni Ward 02

(xvii Golokodo Warad 67 (xviii) Othweba Ward 01

2.2.2 That subject to the approval of .1 above, authority be granted to the Head: Community Participation and Action Support to incur capital expenditure in the amount of R1 300 000.00 (One Million Three Hundred Thousand Rand) in respect of infrastructure and essential equipment for the eighteen (18) additional soup kitchen sites.



Containers 6m x 16 Fridges 1 x 18

Containers 3m x 16 Upright Cabinets 1 x 18

Freezers 1 x 18 Steel Tables 5 x 18

Gas Cages 1 x 18 3 Plate Gas Stoves 2 x 18

Plastic Chairs 50 x 18

The Operating Budget of R87 595 870.00 is sufficient to cover existing 74 soup kitchens and the additional 18 soup kitchen sites.

FC No: CPAS: 2019/06/CA41ADOPTED.

2.3 Request for Project Authority: Implementation of Community Performing Arts Programmes and Arts in Schools Programmes: 2019/2020, 2020/2021 and 2021/2022 Financial Years (2/3/2/1/2):(Page 40: Community Services Committee – Agenda 2019-08-06)

With the Committee being in agreement,


2.3.1 That authority be granted to the Head: Parks, Recreation and Culture to implement Arts in Schools programmes and the Community Performing Arts programmes through the Arts and Living Culture Section during the 2019/2020, 2020/2021 and 2021/2022 financial years, as part of the greater Mzansi Golden Economy and Youth Development Agenda.

2.3.2 That subject to the approval of .1 above, authority be granted to the Head: Parks, Recreation and Culture to incur expenditure not exceeding an amount of R6 650 000.00 (Six Million Six Hundred and Fifty Thousand Rand) during the 2019/2020, 2020/2021 and 2021/2022 financial years for the implementation of programmes which contribute positively towards the promotion of performing arts programmes in line with Project 6.7 in Plan Six of the Integrated Development Plan.

2.3.3 That subject to the approval of .1 and .2 above, all procurement of goods and services be undertaken strictly in accordance with the Supply Chain Management Policy and the Municipal Finance Management Act, 2003 as well as Circular No. 82 regarding Cost Containment Measures.

2.3.4 That a close-out report be prepared upon the completion of each programme and where required be submitted for the Service Delivery and Budget Implementation Plan report.


Vote No: Various Items – R6 650 000.00FC No: 33/679ADOPTED.


2.4 Update Report: Reburial of the Cato Manor Nine Who Were Hanged in Pretoria in the 1960s – 15 September 2019 (31/8/3):(Page 46: Community Services Committee – Agenda 2019-08-06)


That, in line with the Council resolution of 2018-02-08, in relation to the authority granted to establish a Heroes Acre Open Air Museum and the reburial of struggle Heroes where required, Council notes that the Parks, Recreation and Culture Unit, in consultation with the National Prosecuting Authority Missing Persons Task Team, is planning to rebury the remains of the Cato Manor Nine freedom stalwarts, who were hanged in Pretoria in the 1960s, at Heroes Acre Cemetery on 2019-09-15.ADOPTED.

2.5 Request for Project Authority: Implementation of Community Initiatives Programmes by the Office of the Deputy City Manager: Community and Emergency Services: 2019/2020 Financial Year (2/3/2/1/2):(Page 99: Community Services Committee – Supplementary Agenda 2019-08-15)

The Community Services Committee noted the various community initiative programmes being implemented.

At the Executive Committee meeting the need for oversight inspections in respect of approved projects/programmes was highlighted.

Whereafter,


2.5.1 That authority be granted to the Acting Deputy City Manager: Community and Emergency Services to host and implement the community initiatives programmes during the 2019/2020, financial year linked to the Community Development Vote, as outlined in the table below, it being recorded that these programs strengthen the capacity of residents to participate as active citizens and promote the voice of disadvantaged and vulnerable communities.

2.5.2 That subject to the approval of .1 above, authority be granted to the Acting Deputy City Manager: Community and Emergency Services to incur expenditure in the amount of R3 500 000.00 (Three Million Five Hundred Thousand Rand) for the 2019/2020 financial year for the implementation of the programmes listed below.

2.5.3 That subject to the approval of .1 and .2 above, all supply chain processes be undertaken strictly in accordance with the Supply Chain Management Policy and the Municipal Finance Management Act, 2003 as well as Circular No. 82 regarding Cost Containment Measures.



Project Name Venue Estimated Cost2019/2020

Vote Number

Girl Child Programme Spirit of Adventure-Shongweni Dam

R 600 000.00 14001.VARIOUS.12120.38300.0010

Boy Child Camp Spirit of Adventure-Shongweni Dam

R600 000.00 14001.VARIOUS.12120.38300.0010

Simunye Ingoma Festival

kwaXimba Sport Ground

R300 000.00 14001.VARIOUS.12120.38300.0010

Women’s Empowerment Seminar

Durban Exhibition Centre

R500 000.00 14001.VARIOUS.12120.38300.0010

Various Wards Mandela Day Celebration

Various Wards R1 500 000.00 14001.VARIOUS.12120.38300.0010

GRAND TOTAL R3 500 000.00

FC No.: 32/218ADOPTED.

2.6 Request for Approval: Senior Citizen’s Golden Games 2019:(Page L1: Community Services Committee - Supplementary Agenda 2019-08-15)

At the Executive Committee meeting it was mentioned that in an endeavour to adhere to cost containment measures, recommendation .4 below be amended to indicate the attendance of three (03) Councillors instead of ten (10). However, it was recorded that as the Senior Citizen’s Provincial Golden games had already been held between 2019-09-11 to 13, ten Councillors had already attended.

In the circumstances


2.6.1 That authority be granted to the Head: Community Participation and Action Support to implement the Active Ageing Programme, through the eThekwini Municipality’s participation in the Senior Citizens Golden Games 2019.

2.6.2 That subject to the approval of .1 above, authority be granted to the Head: Community Participation and Action Support to incur expenditure in the amount of R599 050.00 (Five Hundred and Ninety Nine Thousand and Fifty Rand) towards logistics for the Senior Citizens Golden Games which aims to promote active ageing for senior citizens.


2.6.4 That twelve (12) officials and ten (10) Councillors be accommodated and invited to attend both Provincial Golden Games to be held from 11-13 September 2019 as well as National Golden Games scheduled for 20-26 October 2019.



Details Bus Unit

Item Fund Costin Project Region Amount

Catering 32316 11400 12120 0000 38713 0010 R 92 100.00

Sports Gear 32316 16325 12120 0000 38713 0010 R268 150.00

Transport 32316 21805 12120 0000 38713 0010 R 42 000.00

Accommodation 32316 21920 12120 0000 38713 0010 R196 800.00

TOTAL R599 050.00

FC No: 2020/06/11

Recommendations AMENDED in 2.6.4 thereof by the deletion of the word and figure in brackets “ten (10)” and by the substitution therefor of the word and figure in brackets “three (03)”, as follows:

“2.6.4 That twelve (12) officials and three (03) Councillors be accommodated and invited to attend both Provincial Golden Games to be held from 11-13 September 2019 as well as National Golden Games scheduled for 20-26 October 2019.”

and thereafter, ADOPTED.

2.7 Request for Project Authority: Implementation of Parks, Recreation and Culture Programmes for the 2019/2020 Financial Year:(Page L2: Community Services Committee - Supplementary Agenda 2019-08-15)

At the Executive Committee meeting, Executive Committee Members NL Graham, TM Mthethwa and Y Govender of the DA requested that their dissenting votes hereon be recorded as it was their view that there was a dire need for the PRC Unit to undertake its core functions as opposed to social cohesion programmes and the like.

Thereafter,


2.7.1 That authority be granted to the Head: Parks, Recreation and Culture to coordinate and implement the Parks, Recreation and Culture Unit’s programmes during the 2019/2020 financial year, which include but are not limited to, women empowerment programmes, summer holiday season programmes, heritage and culture programmes, PRC Month and youth awareness and empowerment programmes.

2.7.2 That subject to the approval of .1 above, authority be granted to the Head: Parks, Recreation and Culture to incur expenditure in the amount of R9 003 150.00 (Nine Million Three Thousand One Hundred and Fifty Rand) for the 2019/2020 financial year for the implementation of the programmes listed in the table below.




Vote Event Description Budget 2019/2020

26003.53500-63 PRC Week R6 255 030.00

26003.53500-30 Social Cohesion R2 748 120.00

Total R9 003 150.00

Vote No: 26003.various; Provided 2019/20FC No.: 32/218ADOPTED, by the majority vote.

3. REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD ON 2019-08-19

(Page R12)

3.1 Application to Sell Proposed Portion [A] of Erf 1668 Amanzimtoti: (Kings and Abelia Road) (17/2/1/2/3): (Page 145 : Human Settlements and Infrastructure Committee - Agenda 2019-08-19)

The above report was deferred by this Committee on 2019-02-25 on the basis that a tour of inspection be undertaken in the first instance. Accordingly, on 01 March 2019, Members of the Task Team visited the site of Erf 1668 Amanzimtoti, Kings and Abelia Road.

Following an inspection and speaking on the issue of sub-station which was an area of concern, it was reported that the Electrical Sub-station is not situated within the proposed Portion [A] of Erf 1668 Amanzimtoti and is therefore not affected by this transaction. With regard to stormwater pipe, it was advised this will be covered by a servitude in favour of the Municipality.


3.1.1 That the Municipality declares in terms of Section 14(2)(a)(b) of the Municipal Finance Management Act 56 of 2003 read together with Regulation 7 of the Municipal Assets Transfer Regulations that:

3.1.1.1 The proposed portion described as Erf 1668 is not currently required for providing the minimum level of basic Municipal services; and

3.1.1.2 The fair market value of the property is currently assessed at R10 000.00 (Ten Thousand Rand) exclusive of VAT and the community and economic values to be received have been considered.

3.1.2 That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, a Portion of a Road servitude described as Proposed Portion [A] of Erf 1668 Amanzimtoti, Registration Division ET, Province of KwaZulu-Natal in extent approximately 74m² as depicted on Plan SJ 4675/8, be sold in by private treaty to L & L Construction Pty Ltd (Registration Number 1971/00301/07) at a price of R10 000 (Ten Thousand Rand) exclusive of VAT, such price reflecting the current market value of the property as assessed by a registered valuer.


3.1.3 That authority be granted to the Bid Adjudication Committee to consider a report to deviate from the procurement process in terms of Section 36(1)(a)(v) of the Supply Chain Management Regulations in order to formally sell Proposed Portion [A] of Erf 1668 Amanzimtoti depicted on hand plan SJ 4675/8 to L & L Construction Pty Ltd

3.1.4 That the deproclamation and closure of the proposed portion will be carried out in accordance with eThekwini Municipality Land Use Management bylaw bylaws read together with section 212 of the Ordinance.

3.1.5 That the rezoning of Proposed Portion [A] of Erf 1668 Amanzimtoti from Public Car Park purposes to General Commercial purposes shall be undertaken by and at the cost of the Purchaser.

3.1.6 That in the event of objections being lodged to the proposed disposal of Proposed Portion [A] of Erf 1668 Amanzimtoti when it is statutory advertised the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy headed “Resolution of Disputes, Objections, Complaints and Queries”.

3.1.7 That should deproclamation and closure not be successful, the sale of proposed Portion [A] of Erf 1668 Amanzimtoti will not be concluded.

3.1.8 That the City Manager records the reasons for any deviation and reports it to the next meeting of the Council and includes it as a note to the annual financial statements in terms of Section 36(2) of the Municipal Supply Chain Management Regulations.

4.1.9 That Proposed Portion [A] of Erf 1668 Amanzimtoti must be consolidated with the registered owner’s adjoining properties namely Erven 1673 and 1674 Amanzimtoti and rezoned accordingly, however, should this not be possible, the area may be notarially tied to the adjoining properties.

3.1.10 That the rezoning of Proposed Portion [A] of Erf 1668 Amanzimtoti from Public Car Park to General Commercial purposes shall be undertaken by and at the cost of the Purchaser.

3.1.11 That subject to the adoption of paragraphs 1- 10 above, authority be granted to the Head: Real Estate to sign all the documentation necessary to conclude the agreement.ADOPTED.

3.2 Update on New Approach to Informal Settlements Upgrading in eThekwini Municipality (22/6/2):(Page 184 : Human Settlements and Infrastructure Committee - Agenda 2019-08-19)

Support is required for a new approach to be implemented to upgrade informal settlements. The servicing of informal settlements is incorporated as Plan 3 (Creating a Quality Living Environment) of the Council’s Integrated Development Plan (IDP), the goal of which is to promote access to equitable, appropriate and sustainable levels of household infrastructure and community service, and facilitate access to housing.

The new approach is aimed at focusing on integrated upgrading to foster a different and more functional relationship between the state and the urban poor to leverage partnership necessary for more effective social capital formation. The approach is also aimed at including key social services such as early childhood development, schools, clinics, access to public transport and economic opportunities.


Some Councillors were not in support of the recommendations pertaining to this matter, concern being raised as well with regard to the report not being signed by the Deputy City Manager: Finance. It having been confirmed that relevant signatories are included in the report, the matter was thereafter put to the vote.

With 28 Councillor present at the Human Settlements and Infrastructure Committee, 18 Councillors (ANC – 18) voted in support of recommendations and 10 Councillors (DA – 6, IFP – 2, EFF – 1 and Independent – 1 voted against the recommendations.

At the Executive Committee meeting concern was also expressed that departmental reports had not been signed by the Deputy City Manager: Finance when presented to the Human Settlements and Infrastructure Committee for consideration. The Deputy City Manager confirmed that he had subsequently signed all the reports.

In respect of the above-mentioned item the suggestion was made that in order to obtain a better understanding of the proposed new approach to upgrade informal settlements a workshop be convened.

With Executive Committee Members NL Graham, TM Mthethwa and Y Govender abstaining and with Executive Committee Member MS Nkosi dissenting on the basis of the report not being signed at Support Committee level,


3.2.1 That the criteria to determine the pipeline for informal settlement upgrading (including incremental services) projects as contained in the report of the Acting Head: Human Settlements dated on 2019-08-06, be approved.

3.2.2 That an updated programme description for the Incremental Services Programme be developed which takes into consideration the new approach to informal settlement upgrading.

3.2.3 That the Acting Head: Human Settlements in collaboration with the key infrastructure Units, the Development Planning, Environment and Management Unit, the Legal Services Unit and any other relevant Units investigate mechanisms to operationalise alternative tenure, land rights and incremental planning solutions for informal settlements (along the lines outlined in this report) which would, amongst other things, address the issue of the provision of essential services on private land which has not yet been acquired, ensure SPLUMA compliance and provide greater functional tenure security to residents of informal settlements.

3.2.4 That the Durban’s Resilience Strategy: RBO 1: Collaborative Informal Settlement Action Provisional Implementation Plan 2019-2022 is supported as a starting point for action, acknowledging that this is a working document and subject to annual revisions where needed.

3.2.5 That the Informal Settlement Upgrading Strategic Forum as contained in the report of the Acting Head: Human Settlements dated 2019-08-06, be tasked with investigating solutions to secure additional resources in order to improve institutional and transversal coordination including the possible establishment of a dedicated structure to support collaborative informal settlement action.


3.2.6 That the upgrading plans for the list of informal settlements for 2019/2020 including a preliminary list proposed for 2020/21 (all attached as Annexure A), as part of a requirement by the National Department of Human Settlements (NDHS) for the Upgrading of Informal Settlement Programme (UISP) component of the Urban Settlement Development Grant (USDG) window period, be approved in order for funding to be allocated for the various incremental service projects earmarked. It is noted that this process does not exclude the identification of additional projects to be considered under the USDG where savings are identified for 2019/20.

3.2.7 That the Informal Settlement Upgrading Strategic Forum, be tasked with establishing and/or improving the necessary supply chain management processes (such as special panels, but not confined to these) that will result in more efficient and effective appointment of service providers and contractors in order to fast track the delivery of incremental services and to ensure the necessary funding allocated to such projects are spent within the stipulated timeframes.

3.2.8 That it be noted that the affected Ward Councillors and communities from the settlements are being consulted with prior to and during the construction of any services as part of the incremental upgrading initiatives.

3.2.9 That it be noted that while there are various grants available to address informal settlements ranging from the Human Settlements Development Grant (HSDG), Urban Settlement Development Grant (USDG) and the Integrated City Development Grant (ICDG), a newly introduced grant which is specifically directed at incremental informal settlement upgrading or improvements and ring- fenced from the USDG, is the Informal Settlement Upgrading Programme (ISUP) Grant.ADOPTED, by the majority vote.

3.3 Update on the Eradication of the Transit Camps in eThekwini Municipality Plan (22/6/4/1):(Page 195 : Human Settlements and Infrastructure Committee - Agenda 2019-08-19)

The Committee was advised that during the 2010 FIFA World Cup, three training venues were identified for soccer training facilities and public fan parks. The three areas were KwaMashu Princess Magogo Stadium; Umlazi King Zwelithini Stadium and Clermont Sugar Ray Xulu Stadium. These areas required different interventions in the form of relocation, upgrading; greening and beautification. All three precincts were located within the urban context where there is a shortage of land for low income housing development.

Therefore, considering the limited timeframe within which such projects should have been implemented before 2010, temporary accommodation was the only viable solution provided to accommodate families in Transit Camps, in preparation for the 2010 Soccer World Cup. The intention of these temporary interventions was to link the transit camp projects to other identified informal settlements within the Cities developmental framework plans.

The Human Settlements Unit provided funding for the construction of the emergency housing project to the value of R210m in order to fast track the delivery of these Transit Camps. The land for the transit camps within the three precinct areas belonged to eThekwini Metro and this eliminated all risks associated with privately owned land. Approximately 1 245 shacks were identified to be relocated. These transit camps were built across the three regions of the eThekwini Municipality and


the three stadiums were upgraded successfully for the training needs as planned. The 2010 World Cup was a success. However, these transit camps remained. With the Informal Settlements and Slums Clearance Upgrading Programme within eThekwini, additional families had to be relocated to the Transit Camps, as these shacks were on the way of services and top structure construction. Therefore, an additional transit camps were built to take care of these anomalies during the development program.

Currently, there are 45 Transit Camps within eThekwini Metro where people have been living for an estimated 5 years. Although basic services are provided to the families, relocation to proper housing still remains a challenge.

The update was appreciated but once again a concern was raised that the signature of the Deputy City Manager: Finance is missing, hence some Councillors submitted that they were not in support of the recommendations.

With 28 Councillor present at the Human Settlements and Infrastructure Committee, 18 Councillors (ANC – 18) voted in support of recommendations and 10 Councillors (DA – 6, IFP – 2, EFF – 1 and independent – 1) voted against the recommendations.

At the Executive Committee meeting concern was once again expressed that the departmental report had not been signed.

The Democratic Alliance was concerned that no improvements had been made to living conditions at Transit Camps and people continued to live in undignified conditions. The Committee was urged to undertake an oversight inspection of the Camps.

It having been agreed that the Human Settlements and Infrastructure Committee undertake oversight inspections of Transit Camps in eThekwini, and with Executive Committee Members NL Graham, TM Mthethwa and Y Govender abstaining and Executive Committee Member MS Nkosi dissenting on the basis of the report not being signed at Support Committee level,


3.3.1 That the update provided by the Acting Head: Human Settlements relative to the eradication of the transit camps within eThekwini Municipality, be noted.

3.3.2 That the progress report made to date to deal with the eradication of Transit Camps including the Action Plan to eradicate all Transit Camps within eThekwini Municipality over the MTSF period, be approved.ADOPTED, by the majority vote.

3.4 Proposed Implementation of the Pre and Post 1994 Ratification Project (22/7/1/1/3):(Page 205 : Human Settlements and Infrastructure Committee - Agenda 2019-08-19)

With 28 Councillor present at the Human Settlements and Infrastructure Committee, 18 Councillors (ANC – 18) voted in support of recommendations and 10 Councillors (DA – 6, IFP – 2, EFF – 1 and independent – 1) voted against the recommendations.

At the Executive Committee meeting Executive Committee Members NL Graham, TM Mthethwa and Y Govender abstained. Clarity was provided that there was no financial implications to the Municipality. By majority



3.4.1 That the expeditious implementation of the rehabilitation projects and considering the enormity and peculiarity of the assessments, coordination of activities and funding applications already achieved be supported.

3.4.2 That a tripartite agreement be concluded amongst the KZN Department of Human Settlements, eThekwini Municipality and service providers engaged to carry out these tasks on behalf of the municipality in consultation with various stakeholders.

3.4.3 That that the National and Provincial Department of Human Settlements recognises the rehabilitation projects within the eThekwini Municipality as a special ringed fenced programme and set aside an annual allocation of R 200 000 000.00 (Two Hundred Million Rand) for the next 30 years complete the rehabilitation projects.

3.4.4 That the Acting Head : Human Settlement follow the Supply Chain Management processes to appoint the service providers for the rehabilitation works prioritize those that are high risk that endangers the lives of the beneficiaries occupying these units, soon after the approval in principle is granted by the Department of Human Settlements.

3.4.5 That it be noted that while there are various grants available to address informal settlements ranging from the Human Settlements Development Grant (HSDG), Urban Settlement Development Grant (USDG) and the Integrated City Development Grant (ICDG), a newly introduced grant which is specifically directed at incremental informal settlement upgrading or improvements and ring- fenced from the USDG is the Informal Settlement Upgrading Programme (ISUP) Grant. ADOPTED

3.5 Umlazi Catalyst Housing Project Implementation Protocol (22/7/1/1/3):(Page 212 : Human Settlements and Infrastructure Committee - Agenda 2019-08-19)

With 28 Councillor present at the Human Settlements and Infrastructure Committee, 19 Councillors (ANC – 18 and Independent – 1) voted in support of recommendations and 9 Councillors (DA – 6, IFP – 2 and EFF – 1) voted against the recommendations.

At the Executive Committee meeting Executive Committee Members NL Graham, TM Mthethwa and Y Govender abstained.

By majority,


3.5.1 That Housing Development Agents (HAD) be assigned the role to coordinate multiple project covering unique development needs for all the residents in the Greater Umlazi Region it being recorded that each project that have been identified can exist as a standalone project, but the program management approach seeks to coordinate all initiative in the built environment that impacts on human settlements development in Umlazi Township in the context of it being a Catalyst project.

3.5.2 That subject to approval of .1 above, necessary Implementation Protocol be entered into between the HAD and eThekwini Municipality inclusive of institutional reconfigurations.ADOPTED.


3.6 Request for Authority to Transfer Funds to Y8753 – Emergency Work at KwaMashu WWTW Raw Sewerage Pump Station : WS2019/127 (23/2/1/3/3/1):(Page L4 : Human Settlements and Infrastructure Committee - Agenda 2019-08-19)


3.6.1 That authority be granted for the transfer of funds from block sum project No. Y8773 (Durban North Mechanical and Equipment) to the value of R2 000 000.00 (Two Million Rand) (excl. VAT) to project No. 8753 – Emergency Work at KwaMashu WWTW Raw Sewerage Pump Station.

3.6.2 That subject to approval of .1 above, authority be granted to the Deputy City Manager: Treasury to include in his Adjustment Budget report, the transfer of funds from block sum project No. Y8773 (Durban North Mechanical and Equipment) to project No. Y8753 – Emergency Work at KwaMashu WWTW Raw Sewerage Pump Station.

3.6.3 That it be noted that a total amount of R2 000 000.00 (Two Million Rand) (Excl. VAT) is required in the 2019/2020 financial year to complete the refurbishment work. This will be funded from identified Mechanical and Electrical Block Sums.

FC No.: 365/C187ADOPTED.

3.7 Approval of the Block Sum Reallocation within the Water Capital Budget (7/1/2/2):(Page L5 : Human Settlements and Infrastructure Committee - Agenda 2019-08-19)


3.7.1 That authority be granted for the reallocation of the Block Sum as indicated hereunder to various projects listed in the Schedule A1 – A2 of the report by the Head : Water and Sanitation dated 2019-07-12

3.7.2 That subject to the adoption of .1 above, authority be granted to the Deputy City Manager : Treasury to include in his adjustments Budget Report the transfer of funds from the Capital Block Sums Projects to individual projects as reflected below.

Relays and Extensions R30 000 000.00 To be met by vote Transfer 2019/2020 (Project X4217)

Rural water R20 000 000.00 To be met by vote transfer 2019/2020 (Project X5259)

Total next financial year R50 000 000.00

Cost Centre : 69100 and 69200 FC No.: 364/C184ADOPTED.

3.8 Request for Authority to Transfer Funds (7/1/2/2):(Page L6 : Human Settlements and Infrastructure Committee - Agenda 2019-08-19)


3.8.1 That authority be granted for the transfer of fund from the Water and Sanitation budget as indicated hereunder:


No. Project No.

Description Funding required in 2019/2020

Project No.

Funding Provided from project

Surplus Funding 2019/2020

1 Y8787 Wastewater Pump Stations Telemetry and instrumentation installation

R15 000 000.00 X8019 R15 000 000.00 R0

3.8.2 That subject to approval of .1 above, authority be granted to the Deputy City Manager: Treasury to include in his Adjustment Budget Report, the transfer of funds from Project X8019 a delayed project where funds have been identified to Project Y8787.

3.8.3 That it be noted that the water network project (X8019) is expected to commence execution in April 2020 as this is not a complete cancellation of the project. The budget for the water SCADA and telemetry project in the next financial year will not be affected by this decision and measures had been put in place to minimize the risk on the project No. X8019.ADOPTED.

3.9 Authority to Transfer Funds to Project No. Y6459: Inanda Glebe Sewer Reticulation in Ward 44 (WS2019/152) (7/1/2/2):(Page L7 : Human Settlements and Infrastructure Committee - Agenda 2019-08-19)


3.9.1 That authority be granted for the transfer of R10 522 500.00 (Ten Million Five Hundred and Twenty Two Thousand Five Hundred Rand) (excl. VAT) from project No. Y8147 to Drain Retail Park in the 2020/2021 financial year and R15 522 500.00 (Fifteen Million Five Hundred and Twenty Two Thousand Five Hundred Rand) (excl. VAT) from project No. Y8147 – Mangosuthu University of Technology Trunk Sewer Upgrade in 2021/2022 to Project No. Y6459 – Inanda Glebe Sewer Reticulation.

3.9.2 That subject to adoption of .1 above, authority be granted to the Deputy City Manager: Treasury to include in his Adjustment Budget Report, the transfer of R10 522 500 (Ten Million Five Hundred and Twenty Two Thousand Five Hundred Rand) (excl. VAT) from project No. Y8656 – Refund to Drain Retail Park and R15 522 500 (Fifteen Million Five Hundred and Twenty Two Thousand Five Hundred Rand) (excl. VAT) from project No. Y8147 – Mangosuthu University of Technology Trunk Sewer Upgrade to project No. Y6459 – Inanda Glebe Sewer Reticulation.

Project No.: Y6459 R 8 000 000.00 Provided in the 2019/2020 Capital BudgetR 8 000 000.00 Provided in the 2020/2021 Capital budgetR10 522 000.00 To be met by savings from project

No.Y8656 – Refund to Drain Retail Park via adjustment budget in the 2020/2021

R 3 000 000.00 Provided in the 2021/2022 Capital BudgetR15 522 500.00 To be met by savings from project

No.Y8147 – Mangosuthu University of Technology Trunk Sewer Upgrade via an adjustment budget in the 2021/2022)

FC No.: 365/C191


ADOPTED.

3.10 Motivation to Request for Additional Contract Authority of Contract 1H-15102 to Demolishing and Rebuilding of 600 Houses at Emaplazini Housing Project: Ward 44 – 200 Houses Per Contractor (22/7/1/1/3): (Page L8 : Human Settlements and Infrastructure Committee - Agenda 2019-08-19)

The Committee was advised that the Bid Adjudication Committee approved the award of contract 1H-15102 for the contract sum of R38 799 600.00 (Thirty-Eight Million Seven Hundred and Ninety-Nine Thousand Six Hundred Rand) (excl. VAT) and this was to deliver 600 (six hundred) units at eMaplazini Housing Project. During the construction, several technical issues were identified which had a huge impact on the actual construction of the houses and posed a huge risk in houses.

The following items were identified as items to be implemented to ensure compliance with all the building regulations and NHBRC regulations:

● Demolition of the existing structure – to ensure that proper channels to dispose the asbestos are followed and complied with and open space for 40m² unit.

● Retaining walls – due to restrictions on site sizes, terrain of the area and also stability of soil. Retaining walls are essential to part of the scope to ensure that unstable embankments are retained correctly. The design and construction of the retaining walls is to be done according to SANS 10400 Part K and the supervision to be done by the structural Engineer as per the Engineering Profession Act 46 of 2000.

● Stormwater Management – subsoil for the underground water and aprons to manage the water ponding around the houses. An apron of 1000 x 75mm with a minimum fall of 1:20 shape to the ground will ensure that proper storm water drainage is achieved.

● Under pinning and stabilization of the soil using G7 required for all the units constructed in the hilly portion of the project.

● Limitation to access to sites due dense vegetation – huge trees and hilly terrain

The above items were identified and assessed by the Structural Engineer and NHBRC to ensure that all the technical issues are address accordingly and these items were very critical in achieving the sustainable houses for eMaplazini Beneficiaries.

At the Human Settlements and Infrastructure Committee, 6 (six) Democratic Alliance Councillors abstained on the basis that the report be taken to Party Caucuses in the first instance.

At the Executive Committee meeting some Executive Committee Members expressed concern at the lack of planning which led to the demolition and re-building of houses, causing the wastage of a huge amount of money. It was queried as to who was going to be held accountable and at what cost would the houses be re-built.

Clarity was provided that the National Housing Building Regulations Council (NHBRC) had identified numerous deficiencies which had to be complied with but that no fresh tenders would be invited.


With Executive Committee Members NL Graham, TM Mthethwa and Y Govender of the Democratic Alliance abstaining,



3.10.1 That the amendment to the contract 1H-15102 for the Demolishing and Rebuilding of 600 houses at eMaplazini Housing Project, Ward 44 – 200 houses per contractor to include increased cost to the contract value for eMaplazini Housing Project within the Municipality in terms of Section 116(3) of the Municipal Finance Management Act, be approved it being recorded that the amendment of the contract is necessary to minimize the development costs and utilization of already appointed contractors which will minimize costs associated with contract price adjustments and expedite service delivery.

3.10.2 That subject to approval of .1 above, authority be granted for public notices in terms of Section 116(3) requesting comments and /or objections to the pro amendment to the contract be advertised in the relevant print media for the prescribed period of time. ADOPTED, by the majority vote.

4. REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE : MEETING HELD ON 2019-08-23

(Page R21)

4.1 Reprioritisation of Capital Funds from Urban Renewal – Inner City Vote to Upgrading of Beachfront Infrastructure Vote to Procure Beachfront Infrastructure Tender:(Page 1 : Economic Development and Planning Committee - Agenda 2019-08-23)

A need exists to re-prioritise capital budget funds in the amount of R4 609 975.00 from the Urban Renewal: Inner City Vote for the 2019/2020 financial year. The re-prioritisation is required in order to meet contractual obligations and to allocate funds to new projects, including the beachfront project.

The Democratic Alliance abstained at Economic Development and Planning Committee on the matter.

At the Executive Committee meeting concern was expressed about the re-prioritisation of funds for projects. Clarity was provided that in terms of the Local Area Plan, the beachfront was regarded as Inner-City and the funds would be utilized at Blue Lagoon.

With Executive Committee Members NL Graham, TM Mthethwa and Y Govender of the Democratic Alliance abstaining,


That the re-prioritisation of funds in the amount of R4 609 975 (Four Million Six Hundred and Nine Thousand Nine Hundred and Seventy Five Rand) from Project S6001B to S6002BZ1 to meet contractual obligations and allocate funding to new project/s during the 2019/2020 financial year, including Beachfront Infrastructure Project, as per Tender 1X34349, be approved.

Vote: S6002BZ1.55100.1540.12120. 0000.S6002BZ1.R001 R4 609 975FC No.: 2020/07/CA01


ADOPTED.

4.2 Global Business Services Investment Conference and Awards 2019, ICC : 18 - 22 September 2019 (20/1/7/1):(Page 5 : Economic Development and Planning Committee - Agenda 2019-08-23)

Support of priority economic sectors such as the Global Business Services sector is in line with the strategic development principles of the IDP and the Economic Development and Job Creation Strategy of the Municipality, as well as the strategic objective of Plan 2 of the Integrated Development Plan i.e. Stimulation and growth of priority sectors.

Business Process Outsourcing is highlighted as a key sector of growth in the Economic Development Strategy. Council also approved the Durban Investment Promotion Strategy and the Sector Business Process Outsourcing, collectively known as Global Business Services, in order to target direct foreign investment by the Invest Durban Unit.

The Economic Development Unit through its Sector Support Programmes Department has an existing Memorandum of Agreement with the National Industry Association, Business Process Enabling South Africa, to develop skills and increase job creation in the sector.


4.2.1 That authority be granted for the Head: Invest Durban Unit to support the 2019 Global Business Services Convention scheduled to take place from 18 to 22 September 2019 at the Inkosi Albert Luthuli International Convention Centre, it being recorded that the main objective of the Conference and Awards is to market South Africa to investors as a scalable delivery destination that offers real value across the Global Business Services value chain.

4.2.2 That the request for support of the Durban KwaZulu-Natal Value Proposition Research & Report, be approved and that the Invest Durban Unit be authorised to disburse funds of R200 000.00(Two Hundred Thousand Rand), excluding VAT, to Trade and Investment KZN for the development of Durban KZN Value Proposition to Trade and Investment KwaZulu-Natal.

4.2.3 That authority be granted to the Invest Durban and the Economic Development and Investment Promotion Units to disburse funds of R2 000 000.00 (Two Million Rand), excluding VAT, to the Inkosi Albert Luthuli International Convention Centre for the use venue.

GBS Investment Conference

Vote No. Amount Year

26102.22710.30.12120.0000.35000.4.00 R1 000 000.00 (Excl. VAT) 2019/20

91000.22710.30.12120.0000.35000.4.00 R1 000 000.00 (Excl. VAT) 2019/20

91000.10830.12120.0000.38878.0010 R 2 00 000.00 (Excl. VAT) 2019/20FC No.:20201817ADOPTED.


4.3 Application in Terms of Section 26(1) of the eThekwini Municipality’s Planning and Land Use Management By-Law 2016 (Municipal Notice 114 of 2017) for the Amendment of the Inner West Scheme: Section 7 : The Development Facilitation Table for IPTN Mixed Use 1 : Additional Controls : By Adding Condition 4 to Read as Follows: “4. In The Case of Erf 6853 Pinetown, Flat Shall Be Permitted on the Ground Floor” Situated at 4 School Road, Pinetown (21/4/1):(Page 20 : Economic Development and Planning Committee - Agenda 2019-08-23)


That in terms of Section 26(1) (b) of the eThekwini Municipality Planning and Land Use Management By-Law 2016 (Municipal Notice 114 of 2017), the application for the amendment of the Inner West Scheme, Section 7: Development Facilitation Table, by the insertion of the following condition, under the additional controls section, in the IPTN Mixed Use 1 zone:

“4. In the case of Erf 6853 Pinetown Flat shall be permitted on the ground floor.” be approved for the following reasons:

1. There is a need for flats on the ground floor for student accommodation as any public access to the ground floor will compromise the safety and security of the students.

2. The site is unique as it will be used exclusively for students.

3. The subject site is located in a well serviced area and the proposal is for the most efficient residential use of the site.

The following Development Facilitation Table will replace the existing Development Facilitation Table for IPTN Mixed Use 1, in the Inner West Scheme, as this will include the proposed ‘’additional control’’:


ZONE: IPTN MIXED USE 1

SCHEME INTENTION: To provide, preserve, use land or buildings on properties within 400m - 800m of the IPTN Corridor for the purposes of development of a number of formal and informal business opportunities and allows for the development of a range of complementary land uses of a commercial, office, service, and residential nature.

PRIMARY SPECIAL CONSENT PRECLUDED

Action Sports Bar Arts and Crafts Workshop Betting Depot Boarding House Conservation Area Convention Centre Crèche Display Area Educational Establishment Flat * Flea Market Government/Municipal Health & Beauty Clinic Health Studio Hotel Laundry Motor Display Area Museum Office Office – Medical Place of Public

Entertainment Private Open Space Restaurant/ Fast Food

Outlet Shop

Adult Premises Base

Telecommunications Transmission station

Car Wash Escort Agency Fuelling and Service

Station Funeral Parlour Institution Mortuary Motor Workshop Night Club Parkade Pet Grooming Parlour Place of Public

Worship Special Building Veterinary Clinic

Agricultural Activity Agricultural Land Builder’s Yard Cemetery/.

Crematorium Chalet Development Container Depot Correctional Facility Direct Access Service

Centre Dwelling House Forensic Science

Laboratory Garden Nursery Industry - Extractive Industry – General Industry – Light Industry – Noxious Landfill Mobile Home Park &

Camping Ground

Motor Vehicle Test Centre Motor Garage Multiple Unit Development Nature Reserve Recycling Centre Reform School Refuse Disposal Retirement Centre Riding Stables Scrap Yard Transport Depot Transport Use Truck Stop Warehouse Zoological Garden

DEVELOPMENT PARAMETERS

ADDITIONAL CONTROLS

GENERAL:1. Applicable to properties within 400m - 800m of the IPTN Corridor.2. *Flat not permitted on the ground floor.3. Parking provision within 400m of the C3 stations is NIL as per adopted Plan No. LU_STRAT_NOV_2018.4. In the case of Erf 6853 Pinetown Flat shall be permitted on the ground floor

SPACE ABOUT BUILDINGS DWELLING UNITS PER HECTARE

MINIMUM SUBDIVISION

HEIGHT IN STOREY

COVERAGE

FLOOR AREA RATIO

BUILDING LINE SIDE REAR

Nil Nil 5.0m N/A N/A N/A N/A 5.0

ADOPTED.

4.4 Application in Terms of Section 26(1) of the eThekwini Municipality’s Planning and Land Use Management By-Law 2016 (Municipal Notice 114 Of 2017) for the Amendment of the Inner West Scheme: Section 7: Development Facilitation Table by the Insertion of an Additional Control: Portion 1232 (of 370) of the Farm Albinia No. 957 Situated at 51A Old Main Road, Gillitts (21/7/11):( : Economic Development and Planning Committee - Agenda 2019-08-23)


That in terms of Section 26(1) (b) of the eThekwini Municipality Planning and Land UseManagement By-Law 2016 (Municipal Notice 114 of 2017), the application for the amendment of the Outer West Scheme, Section 7: Development Facilitation


Table, by the insertion of the following condition, under the additional controls section, in the Transition Zone 1 zone:

7. A Motor Display Area is permitted by Special Consent on Portion 1232 (of 370) of the Farm Albinia No. 957. A Special Consent for the Motor Display Area is not transferable to a new owner. This additional control shall lapse should the Motor Display Area land use be discontinued, be approved for the following reasons:

1. The proposed amendment of the Development Facilitation Table is not anticipated to have a negative and adverse impact since the zone of the subject site will remain Transition Zone 1.

2. Furthermore, the scheme amendment to allow the Motor Display Area is only restricted to the subject site and this provision will lapse when this use ceases to operate.

3. The proposed scheme amendment will not undermine the recommendations of the Hillcrest Gillitts Kloof Land Use Management Plan (HGK LUMP) 2010, as the subject site will remain Transition Zone 1 and the office use continues.

4. The cars on display will not be contained within a structure, but rather in an open space, which is typical of offices. Therefore, this particular Motor Display Area use is seen as compatible with the surrounding offices.

5. Furthermore, the Motor Display Area does not display any buntings or balloons and there is no visible pricing that can be seen from the road, this allows it to blend with the surrounding offices, thereby providing minimal visual impact.

6. It is anticipated that there would be a minimal impact on the amenity of the surrounding neighbourhood largely due to the location of the subject site. Access will be restricted to Leinster Road and not Old Main Road which is a Provincial Road.

The following Development Facilitation Table will replace the existing Development Facilitation Table for Transition Zone 1, in the Outer West Scheme, as this will include the proposed ‘’additional control’’:


ZONE: TRANSITION ZONE 1

SCHEME INTENTION: To provide, preserve, use land or buildings for single residential and multiple unit development use in a form of dwelling house/units and ancillary uses. Protection of the quality and character of residential neighbourhood and the well-being of its residents limiting multiple uses of buildings to minimize adverse impact on the residential environment. Business that comply with residential amenity such as a Bed and Breakfast Establishment, and Home Business at the discretion of the eThekwini Municipality.MAP COLOUR REFERENCE: Yellow with orange borderPRIMARY SPECIAL

CONSENTPRECLUDED

Dwelling House Creche Health &

Beauty Clinic Health Studio Multiple Unit

Development Office Office-Medical Private Open

Space Retirement

Centre

BTTS Conservation

area Convention

Centre Educational

Establishment Garden Nursery Parkade Restaurant/Fast

Food Outlet Special

Building Veterinary

Clinic

Action Sports bar Adult Premises Agricultural

Activity Agricultural Land Airport Animal facility Arts and Crafts

Workshop Betting Depot Boarding House Builder’s Yard Car Wash Chalet

Development Container Depot Correctional

Facility Cemetery/cremat

orium Direct Access

Service Centre Display Area Escort Agency Flat

Flea Market Fuelling and

Service Station Funeral Parlour Health Studio Hotel Industry –

Extractive Industry –

General Industry – Light Industry –

Noxious Institution Landfill Laundry Mobile Home

Park and Camping Ground

Mortuary Motor Display

Area Motor Garage Motor Vehicle

Test Centre Motor

Workshop Nature Reserve

Night Club Office Parkade Pet Grooming Parlour Place of Public Entertainment Recycling Centre Reform School Refuse Disposal Restaurant / Fast Food Outlet Restricted Building Riding Stables Scrap Yard Shop Tavern Transport Depot Truck Stop Utilities Facility Warehouse Zoological Garden

ADDITIONAL CONTROLS1. BTTS shall mean base Telecommunications Transmission Station.2. Accommodation for motor vehicles to be provided on the erf as per Section 83. Subject to the provision of a sewerage disposal system to the satisfaction of the Municipality 4. The building shall, in the opinion of the Council always confirm in its external appearance to the definition of a dwelling

house as contained in the same scheme Landscaping of any site zoned for office purposes shall be to the satisfaction of the Municipality, taking into account.

5. A minimum of 25% of the site area, including the parking area, shall be landscaped and maintained to the satisfaction of the Head: Development Planning and Management;

6. Any alterations or additions affecting the exterior of the existing building or demolition of the existing building shall be by Special Consent, provided that the Council may waive compliance with the Special Consent procedure with the written consent of the registered owners of each adjoining property first being obtained.

7. A Motor Display Area is permitted by Special Consent on Portion 1232 (of 370) of the Farm Albinia No. 957. A Special Consent for the Motor Display Area is not transferable to a new owner. This additional control shall lapse should the Motor Display Area land use be discontinued

DEVELOPMENT PARAMETERS SPACE ABOUT BUILDINGS

DWELLING UNITS PER HECTARE

MINIMUM ERF SIZE

HEIGHT IN STOREYS

COVERAGE

FLOOR AREA RATIO

BUILDING LINE:FRONT

BUILDING LINE:SIDE AND REAR

7.5 m 3 m N/A 1800 m² 2 30 % 0.35

ADOPTED


4.5 Durban Aerotropolis Master Plan (21/5/2):(Page 103 : Economic Development and Planning Committee - Agenda 2019-08-23)

The Durban Aerotropolis Master Plan comprises a development framework for the next 50 years of growth in the regions premier airport precinct. It also creates a favourable environment for investment through integrated and co-ordinated spatial planning, integrated multi nodal transport networks, place making, infrastructure and engineering services, as well as environmental sustainability.

The Plan has now been finalised and the adoption of which will ensure compliance with statutory plans.


4.5.1 That given the submission of the Durban Aerotropolis Master Plan to the Municipality by KZN: EDTEA (Economic Development Tourism and Environment Affairs), it is recommend that:-

4.5.1.1 That the submission of the following documents constituting the Durban Aerotropolis Master Plan (DURAMP) by KZN: EDTEA, be noted;

(i) Durban Aerotropolis master Plan Detailed Report(ii) Durban Aerotropolis master Plan Summary Booklet(iii) Durban Aerotropolis master Plan Poster

4.5.1.2 That the Durban Aerotropolis Master Plan, as it relates to the eThekwini Municipality’s area of jurisdiction, be adopted, subject to compliance with the provisions of the approved environmental authorisation for the King Shaka International Airport/Dube Trade Port development, in that noise sensitive land uses be restricted within the 2035 55dB noise contour until a detailed assessment is undertaken by the Municipality, in conjunction with other key stakeholders, which would need to re-evaluate the noise contour position and explore potential mitigation strategies to accommodate mixed uses in the future.

4.5.1.3 The Deputy City Manager : Economic Development & Planning be delegated authority to co-ordinate the eThekwini Municipality’s involvement in the implementation of the Durban Aerotropolis Master Plan.

4.5.1.4 The City Manager be delegated authority to enter into a Memorandum of Understanding with the KZN: Economic Development Tourism and Environment Affairs (EDTEA) in the implementation of the Durban Aerotropolis Master Plan.ADOPTED.

4.6 Township Development Youth Development Centre within the Bridge City Activity Hub (NDPG) (20/1/3/1):(Page 149 : Economic Development and Planning Committee - Agenda 2019-08-23)

The Bridge City Activity Hub is the catalytic intervention to ignite the Piesangs River park and is envisaged as an area with different socio-economic facilities for youth and skills development through sports and continuous professional development activities.


The Hub which consists of the following six core elements is in line with the Integrated Development Plan and Spatial Development Framework of the Municipality and aims to create a socially cohesive City:

● Urban Economic Node on Bhejane Road● The GO! Durban Cycle Academy● Youth Development Centre (Safe Hub)● Community Sports Fields ● Designated and Managed Agro-Ecology area● Connecting Public Urban Space Promenade

In view of the foregoing,


4.6.1 That authority be granted for the Head: Economic Development to proceed with the activity relating to Bridge City Hub planning and implementation.

4.6.2 That authority be granted to the Head: Economic Development to proceed with the Bridge City Youth Development Centre Activity Hub as per approval by National Treasury.ADOPTED.

4.7 Biotech Industry Support & Africa Convention in Durban (20/1/6/3):(Page 167 : Economic Development and Planning Committee - Agenda 2019-08-23)

The Biotech Industry Support & Africa Convention in Durban was approved by Council on 2019-02-28, and it has now become necessary to approve amendments related to recommendations for industrial support for the BioTech sector and Africa Bio Stakeholder Association for 2019 and 2020.

A two-year Memorandum of Agreement in respect of a joint partnership with Africa Bio Stakeholder Association has to be concluded in order for funding to be transferred, in line with Section 67 of the Municipal Finance Management Act. The strategic objective of the partnership is in line with Plan 2 of the Integrated Development plan which relates to “Developing a prosperous, diverse economy and employment creation.


4.7.1 That the City Manager: Economic Development and Planning be duly authorised to negotiate and conclude the BioAfrica Industrial Support & Convention Agreement with Africa Bio NPC, for signature by the City Manager.

4.7.2 That the Deputy City Manager: Economic Development and Planning be duly authorised to disburse funds for the BioAfrica Convention and industry support to Africa Bio NPC as outlined in the proposal, it being recorded the funds are disbursed in terms of section 67 of the Municipal Finance Management Act.

4.7.3 That the Deputy City Manager: Economic Development and Planning reports on progress in both the Convention’s contractual arrangements with AfricaBio NPC, plus the broader industrial and investment developments that are secured over the 2 year period.


Financial Year Amount Vote Number

2019/2020 R2 600 000.00 91000.22710.10300.12120.35000-40010.000

2020/2021 R3 000 000.00 91000.22710.10300.12120.35000-40010.000FC NO.: 2019/18/52ADOPTED.

5. DURBAN TRANSPORT FARE INCREASES (26/3/1/5 & 7/6/1/7)

(Page 16)

The Democratic Alliance was not in support of a fare increase making the point that Tansnat was still owing the Municipality an exorbitant amount of money and the quality of service rendered to the Citizens was very poor.

However, the majority of the Executive Committee Members expressed the view that, whilst cognisance is taken of the fact that the issue of Tansnat required a further debate, the City had a contractual obligation to fulfil in approving a fare increase. The assessment of a fare increase had been undertaken by the Transport Economic Support Services (TESS) which was a credible, independent Company appointed by the KZN Department of Transport to monitor the bus service and ensure that value for money was realized.

In the circumstances and with Executive Committee Members NL Graham, TM Mthethwa and Y Govender of the DA dissenting,


5.1 That in line with Clause 25.2 of the Durban Transport Contract stipulating that fares be increased annually, the fare increase of 8.85 percent as recommended by the Transport & Economic Support Services (TESS) from an independent assessment of the actual cost increase in fuel; labour; and other operating costs, be approved.

5.2 That in order to prevent under-recovery and further ensure that the current levels of services are maintained, the implementation of the increase be effective from 01 August 2019.ADOPTED, by the majority vote.

6. SUPPORT FOR SOUTH AFRICA’S CAMPAIGN TO RETAIN THE PRESIDENCY OF THE UNITED CITIES AND LOCAL GOVERNMENTS (UCLG) (3/3)

(Page 28)

The Democratic Alliance submitted their view that the state of the Municipalities within South Africa required improvement to deliver services to communities in terms of their mandate prior to canvassing for South Africa’s candidacy to retain the Presidency of UCLG.

Stemming therefrom, the majority of Executive Committee Members articulated their view that as the Municipalities required improvement, it would be advantageous for support to be given to for the presidency to be retained.


Consequently, with Executive Committee Members NL Graham, TM Mthethwa and Y Govender dissenting,


6.1 That South Africa nominate a candidate to campaign for the United Cities and Local Governments (UCLG) Presidency, scheduled to take place from 11-15 November 2019 in the Chief Albert Luthuli International Convention Centre (ICC), Durban.

6.2 That subject to .1 above and within the context of UCLG Presidency requirements, Council approve the President of the South African Local Government Association (SALGA), Councillor Thembisile Nkadimeng as South Africa’s candidate for the UCLG President for the next term office (2019-2022).ADOPTED, by the majority vote.

7. BILLBOARD ADVERTISING PILOT INCUBATION PROGRAMME (21/13/1/2/3)

()

The Democratic Alliance raised concern in that tenders would be “put on hold’ with a view to giving preference to persons in the incubation programme. In that regard clarity was provided that this programme was one of mentorship which would not affect current tenders and was part of Radical Economic Transformation in terms of its framework.

With Executive Committee Members NL Graham, TM Mthethwa and Y Govender dissenting,


7.1 That the Billboard Advertising Mentorship Programme which is aimed at developing small local companies within eThekwini Municipality be approved, it being recorded that this programme will develop small local companies and provide training to service providers interested in billboards.

7.2 That the Head: Development Planning, Environment & Management be directed to urgently initiate the identification of Council owned sites that may be released for outdoor advertising in line with the transformation objectives of the Municipality for the sector.

7.3 That a moratorium on the renewal and/or extension of existing outdoor advertising contracts on Council property be imposed for a period not exceeding 12 months.

7.4 That both the Head Business Support, Tourism and Markets and Head: Development Planning, Environment & Management keep the Economic Development and Planning Committee appraised about the implementation of the Programme on an ongoing basis.Recommendations REFERRED BACK to the Executive Committee for further consideration.


8. TERMINATION OF STATE OF DISASTER PERIOD AS DECLARED FOR 22 - 23 APRIL FLOODS

(Page 42)


8.1 That the expenditure by the Disaster Management and Emergency Control Unit, to effectively deal with the declared disaster as per Disaster Management Act, including emergency procurement as approved by the City Manager, for temporary shelters, be noted.

8.2 That it be noted that the date for the lapsing of the disaster declared period, as stipulated in Disaster Management Act, is 15th August 2019.

8.3 That as the Disaster Management and Emergency Control Unit has no capacity to further sustain the temporary emergency shelters beyond the disaster declared period, approval be granted for the termination of such shelters as of 15th August 2019.

8.4 That the transfer of costs incurred by the Disaster Management and Emergency Control Unit for sustaining the shelters from the 1st of July 2019 to 15th of August 2019 to the relevant line departments, be approved.

8.5 That subject to the approval of .4 above, the Housing Department bear the costs for erecting tents/marquees as temporary shelters and Water & Sanitation bear the costs of providing mobile toilets at the shelters.ADOPTED.

9. REQUEST FOR ETHEKWINI MUNICIPALITY TO CO-HOST THE 83 RD IMESA NATIONAL CONFERENCE IN DURBAN (14/2/1/2/5)

(Page 47)


9.1 That the request for e eThekwini Municipality to co-host the 83rd National Institute of Municipal Engineering of South Africa (IMESA) Conference that will be held in Durban between 2019-10-02 and 04 be supported.

9.2 That subject to .1 above, the International and Government Relations Unit host a welcome reception for delegates attending the conference which will be addressed by His Worship the Mayor.

9.3 That subject to .1 above, approval be granted for assistance to be obtained by way of a discount that is normally given to the eThekwini Municipality for the hire of the Chief Albert Luthuli International Convention Centre (ICC).

9.4 That both Durban Tourism and Communications Departments provide branding material for the conference.


Financial Implications:Cost to Council will be approximately R200 000.00 for the welcome reception. This includes the costs of meals, refreshments, sound equipment and entertainment.

Vote No.: 26003.22710.30.12120.0000.83000.0010 FC No.: 2020/06/15ADOPTED.

10. APPROVAL OF MENTORS FOR THE EPWP VUK’UPHILE PROGRAMME (4/3/5/2)

(Page 52)


10.1 That authority be granted to the City Manager to sign a new Memorandum of Agreement (MOA) for the SEDA Construction Incubators (SCI) appointment for the Vuk’uPhile II Learnership programme for seven (7) months commencing from 2019-07-01 to 2020-01-31.

10.2 That subject to the approval of .1 above, the Head: Mayoral Parlour be authorized to transfer the sum of R2 286 955.70 (Two Million Two Hundred and Eighty Six Thousand Nine Hundred and Fifty Five Rand and Seventy Cents) to SEDA Construction Incubator for the implementation of the mentorship programme in terms of Section 67 of the Municipal Finance Management Act 56 of 2003.ADOPTED.

11. REPORT ON INVESTMENTS : PERIOD ENDED 30 JUNE 2019 (7/11/4)

(Page 121)


That the report on investments for the eThekwini Municipality as at 2019-06-30, which records the total funds invested at financial institutions as R6 620 Million, at an average rate of return on investments of 7.96%, as submitted by the City Manager, in line with the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.NOTED.

12. REPORT ON INVESTMENTS : PERIOD ENDED 31 JULY 2019 (7/11/4)

(Page 127)


That the report on investments for the eThekwini Municipality as at 2019-07-31, which records the total funds invested at financial institutions as R6 625 Million, at an average rate of return on investments of 7.86%, as submitted by the City Manager, in line with the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.NOTED.


13. DEVIATION FROM COUNCIL APPROVED TARRIFS 2019/2020 DUE TO NERSA AMENDMENT (7/6/1/2 & 7/6/1/1)

(Page 133 and amended version Page L16)


13.1 That Council resolution dated 2019-05-29, approving the energy tariff rate of R2.0091kWh for the Scale 5, 6, 7 tariff structures, be rescinded.

13.2 That subject to .1 above, the amended energy tariff rate of R1.9923kWh for the Scale 5, 6, 7 tariff structures, submitted by the National Energy Regulator of South Africa (NERSA), effective from 2019-07-01, be approved.

13.3 That subject to .1 and .2 above, authority be granted to the Head : Electricity to apply the revised energy rate as approved by NERSA for the Electricity Tariff: Scale 5, 6, 7 effective from 2019-07-01.

Financial Implications:The financial impact of changing the rate from R2.0091/kWh to R1.9923/kWh will have negligible financial impact as the tariff is obsolete and customers are currently being moved over to more cost-reflective electricity tariff structures.The Heading was AMENDED by the deletion of the words “Deviation From” and by the substitution therefor of the words “Recission of” to read as follows:

“RECISSION OF COUNCIL APPROVED TARRIFS 2019/2020 DUE TO NERSA AMENDMENT”

The recommendations were thereafter ADOPTED.

14. AMENDMENT TO COUNCIL TERMS OF REFERENCE DOCUMENT (3/4/8/1)

(Page L15)

In view of it being deemed necessary to allocate the oversight function on financial matters to the Security and Emergency Services Committee in the first instance, prior to same being considered by the Executive Committee, and as there is a need to re-assign certain functional areas from the Community Services Committee to the Governance and Human Resources Committee,


14.1 That in addition to the oversight functions of the Security and Emergency Committee, which comprises Metro Police Services, Civilian Oversight Committee, Disaster Management, Fire Fighting Services, Safer Cities and Security Management, the oversight function of the aforesaid Committee be extended to receive reports on the activities of the Finance Cluster in respect of the following functional areas:

(a) Revenue and Debt Management;(b) Procurement, including demand side;(c) Asset Management, excluding immovable property; (d) Disposal of Assets, excluding immovable property;(e) Expenditure;


(f) IDP, Budgets and Budgetary Control;(g) Financial Administration, including Investments, Cash Flow Management

and Borrowing;(h) Insurance; and(i) Valuations.

14.2 The subject to the approval of .1 above, the name of the Security and Emergency Services Committee be changed to Finance, Security and Emergency Services Committee.

14.3 That subject to the approval of .1 and .2 above, portion of the resolution adopted by Council on 2016-09-13, authorizing the Executive Committee to designate one of its monthly meetings to deliberate on financial matters, procurement reports and expenditure on major projects, be rescinded.

14.4 That the functional areas of Community Participation and Vulnerable Groups (women, youth and disabled persons) be re-assigned from the Community Services Committee to the Governance and Human Resources Committee.Recommendations AMENDED by the deletion of paragraph 14.4 in its entirety and thereafter, ADOPTED.

15. REQUEST FOR APPROVAL OF EXPENDITURE RELATING TO THE CIVIC FUNERAL OF FORMER ETHEKWINI MUNICIPALITY’S COUNCILLOR STALWART SBONELO MTHEMBU (MAJOLA) (13/6)

(Page L17)

The Executive Committee noted that erstwhile Councillor Stalwart Sbonelo Mthembu (Majola) had been called to rest on Tuesday, 2019-09-10. That he was a disciplined community leader and served as a Ward Councillor in Ward 84 and on different Council Committees. It was reported that, as an elected Council Member he ensured that Council had exercised a strong oversight role to ensure speedy and effective service delivery. Mr Mthembu was accredited for ensuring the participation of local communities in service delivery initiatives that enabled them to rise above the pain inflicted by the apartheid regime to build a common prosperous future for generations to come.

In line with the Council’s Civic Funeral Policy, which was adopted by Council in 2016, a request has been submitted to allocate funds in the amount of R100 000.00 (One Hundred Thousand Rand) for financial support towards burial costs of Mr Mthembu.

The Democratic Alliance was of the view that a symbolic gesture to the bereaved family be made and, however, dissented on the basis that the amount being provided was excessive.

Consequently, and with it being advised that the policy, in terms of amounts, would be urgently reviewed, by majority,



15.1 That Council notes the sudden passing away of eThekwini Municipality’s erstwhile Councillor Stalwart Sbonelo Mthembu (Majola).

15.2 That in line with the provision of the eThekwini Municipality’s Civic Funeral Policy, Council approves the allocation of an amount of R100 000.00 (One Hundred Thousand Rand) to contribute towards the funeral costs of the late eThekwini Municipality’s erstwhile Councillor Stalwart Sbonelo Mthembu (Majola).

Vote Number Estimated Cost32601.19110.10.12120.0000.MRC01.0010 R100 000.00

ADOPTED, by the majority vote.

_____________

3. THIRD REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON WEDNESDAY, 2019-09-25

_____________

1. REPORT OF THE SECURITY AND EMERGENCY SERVICES COMMITTEE: MEETING HELD ON 2019-08-14

(Page R1)

1.1 Park Activators Pilot Project for Activation of Public Open Spaces and Parks in eThekwini Municipality (31/1/1/2):(Page 10: Security and Emergency Services Committee - Agenda 2019-08-14)

The initiative aimed at improving safety and security in open spaces and parks which was to be piloted within the eThekwini Municipal area was appreciated. However, further information was requested to clarify the safety aspect of Volunteers earmarked; whether start-up equipment is for training or for implementation purposes; the need to specify training venue to align with the cost provision already reflected under the financial implications contained in the report; and whether consultation with the public would be conducted.

With this item cutting across the two (02) Support Committees, namely, the Community Services and the Security & Emergency Services, it was advised that further update on the matter would be provided accordingly to the aforesaid Support Committees.

On this basis,


1.1.1 That Council approves the Park Activators Pilot Project for the activation of Public Open Spaces and Parks in eThekwini Municipality to be undertaken in partnership with GIZ and inclusive of Violence and Crime Prevention Programme, thereby testing the Park Activation intervention model that can promote and support safety and security of the parks and public open spaces through co-ordinated activities to minimise the unintended use of public open spaces and parks within the eThekwini Municipal area.


1.1.2 That Council notes the project will involve the identification and up-skilling of twenty four (24) Safety Volunteers from the existing Safer Cities Expanded Public Works Programme (EPWP) pool into becoming Park Activators thus providing solutions for active utilisation of parks by citizens within communities and to provide social, physical and environmental crime prevention measures.

1.1.3 That the shared budget of R269 000.00 (Two Hundred and Sixty Nine Thousand Rand) to implement the pilot project be noted; and approval be granted for Safer Cities to assume the role to coordinate and facilitate the implementation for the period of six to twelve months, it being recorded that the cost to the eThekwini Municipality will amount to R142 000.00 (One Hundred and Forty Two Thousand Rand).

1.1.4 That approval be given for the appointment of the Training Facilitator to undertake training of the Park Activators during the pilot phase.

1.1.5 That the Park Activators project be handed over to the Parks, Recreation and Culture Unit post the evaluation of the pilot project within 6 to 12 months, post the pilot phase, the Parks, Recreation and Culture Unit to apply a defined and suitable recruitment process to rollover the project, in line with the Human Resources processes.

1.1.6 That an integrated partnership be achieved with various eThekwini Municipality Units, such as but not limited to, Safer Cities; Parks Recreation and Culture; Economic Development and Planning; Community Participation and Action Support; Area Based Management; towards the achievement of Safe Public Open Spaces in the eThekwini Municipal area.

Item Total cost Responsibility Vote Number FC

Training and Facilitation

R 100 000, 00 GIZ N/A N/A

Flights for the Trainers of Trainers

R 10 000, 00 Durban GreenCorridor

N/A N/A

Accommodation for the Trainers

R 22 000, 00 Durban GreenCorridor

N/A N/A

Catering R 25 000, 00 Safer Cities 24511.19925.12120.0000.MRC01.0010

N/A

Venue Hire R 12 000, 00(cost estimates, subject to identification of training venue)

Parks, Recreationand Cemeteries

N/A N/A

Start upEquipment for Park Activation

R 100 000, 00 Parks, Recreationand Cemeteries

18001.44235.12120N2148.0010.000

59/1014

Total R 269 000, 00

ADOPTED.


2. BUDGET PREPARATION PROCESS 2020/2021 – 2022/2023: SCHEDULE OF KEY DEADLINES (7/1/2/1)

()


2.1 That Council notes the schedule of key deadlines in respect of budget preparation and associated processes, including the Integrated Development Plan (IDP); Service Delivery and Budget Implementation Plan; Performance Management; and the Annual Report processes for the 2020/21 - 2022/23 financial years, submitted

in compliance with the requirements of Section 21 of the Municipal Finance Management Act No. 56 of 2003 and clearly outlined in the report by the City Manager dated 2019-08-27.

2.2 That Council notes the deadlines incorporate specific processes including preparation, tabling and approval of the annual budget; the annual review, tabling and adoption of any amendments to the IDP and budget related policies; and any consultative engagements forming part of the processes.

2.3 That Council notes that progress reports will be submitted to the respective Council Committees during the course of the budget process.NOTED.

3. BUDGET STATEMENT REPORT FOR THE MONTH ENDED 2019-07-31 (7/1/4)

(Page 52)

The Committee critically analysed the performance of the Municipality, focusing its attention to various aspects having a negative impact on service delivery and financial stability within the Municipality. This included, inter alia, over-expenditure in the Metro Police Unit overtime; unpaid debts by certain Government Departments, Tansnat, Ingonyama Trust and the Parastatals; cash flow management; unread water meters; contract management; and Council vehicle usage.

Thereafter, it was unanimously agreed that the development of a turnaround strategy is required as a matter of urgency to begin implementing the necessary interventions to remedy the situation. It was highlighted that one of the interventions is the platform created in terms of a dedicated Finance Committee where sufficient time would be invested to deliberate upon finance matters.

A commitment was also made to engage at an intergovernmental relations level in a bid to address the issue of unpaid Government debts. On the other hand, the importance of engaging with members of the community was stressed to serve to reduce overtime linked to protests action and land invasion.

To contribute meaningfully on finance oversight functions, it was advised a workshop is being arranged for the political leadership to unpack the provisions of the Municipal Finance Management Act. This is aimed at combating non-compliance, in particular, pertaining to the supply chain management processes. Support Committees were also tasked with the responsibility of playing effective oversight role over budget and related matters relating to the functioning of the respective Municipal Clusters.


Given the commitment to improve oversight over budget and related matters,


That the Budget Statement Report for the month ended 2019-07-31, submittedby the City Manager as per his report dated 2019-08-21, in compliance with Section 71 of the Municipal Finance Management Act No. 56 of 2003 and Section 28 of the Municipal Budget and Reporting Regulations, in terms of Government Notice 32141 dated 17 April 2009, relating to the “Local Government: Municipal Finance Management Act 2003, be noted.NOTED.

4. BUDGET STATEMENT REPORT FOR THE MONTH ENDED 2019-08-31 (7/1/4)

(Page 206)

The Budget Statement Report for the Month of August 2019 was discussed simultaneously with the July 2019 Report. With similar issues having been raised and noting the commitments made to effect the necessary improvements,


That the Budget Statement Report for the month ended 2019-08-31, submitted by the City Manager as per his report dated 2019-09-17, in compliance with Section 71 of the Municipal Finance Management Act No. 56 of 2003 and Section 28 of the Municipal Budget and Reporting Regulations, in terms of Government Notice 32141 dated 17 April 2009, relating to the “Local Government: Municipal Finance Management Act 2003, be noted.NOTED.

5. ETHEKWINI MUNICIPALITY ADJUSTMENT BUDGET 2018/2019 (7/1/2/2)

(Page 363)

The Committee pointed out what it regarded as lack of proper planning during the budget preparatory stage given a series of the movement of funds from one project to another in the middle of the financial year. That, in certain aspects adherence has not been made to the provisions of the Municipal Finance Management Act when approving and preparing the adjustment budget at the departmental level.

Subsequent to deliberations, it was unanimously agreed that strict controls would be implemented to adhere to correct processes to adjust budget, with sound motivations to be expected where an absolute need exists to move funds. A commitment was made to implementing consequence management in the event under- or over-expenditure has been incurred with no sound reasons provided.

Notwithstanding the commitment to impose strict controls going forward, the 03 (Three) Members of the Democratic Alliance (DA) and 01 (One) Member of the Inkatha Freedom Party (IFP) voted against the approval of the adjustment budget. With the 06 (Six) Members of the African National Congress being in support thereof,



5.1 That in accordance with the provisions of Section 28 of the Municipal Finance Management Act No.56 of 2003 and, in compliance with the Municipal Budget and Reporting Regulations, the additional adjustments to the 2018/2019 Budget for the eThekwini Municipality, as reflected in the report of the City Manager dated 2019-09-09, be approved.

5.2 That Council notes that the additional adjustment budget has been required based on the following reasons:

(a) Adjustments to finance charges due to increased borrowing;(b) Adjustments in respect of Grant Funding allocations to the Municipality;(c) Reallocation of funding sources with respect to capital projects due

to increased borrowings;(d) Re-prioritization of projects mainly in the Engineering; Housing; Sanitation;

Water; Electricity; and Economic Development and Planning Units. ADOPTED, by the majority vote.

6. IRREGULAR EXPENDITURE: 2018/2019 FINANCIAL YEAR (9/1/3)

(Page 586)

During the analysis of the irregular expenditure incurred, it was reiterated that a turnaround strategy to be developed will assist to improve operational efficiency. Emphasis was put on the need to hold officials concerned to account and adhere to the provisions of the legislation with regard to implementing consequence management. That funds be recovered where there are proven incidents of fraudulent acts and also consider instituting criminal charges where required. It was indicated that cost containment measures should be taken into account when dealing with issues of irregular expenditure.

The proposed two-day workshop on Municipal Finance Management Act was to take into account as well the elements of deviations which result into irregular expenditure. This was to assist to understand remedial actions supported by the Act in dealing with cases of irregular expenditure.

The member of the IFP submitted that he was not in support of noting the irregular expenditure incurred by the Municipality. With the majority being in support on the basis that the necessary interventions would be implemented to address this matter,


6.1 That Council notes the irregular expenditure and fruitless & wasteful expenditure incurred totaling R1 502 746 823.49 (One Billion Five Hundred and Two Million Seven Hundred and Forty Six Thousand Eight Hundred and Twenty Three Rand Forty Nine Cents), as contained in Annexure “A” of the report of the City Manager dated 2019-09-17 which constitutes an amount of R233 293 276.90 (Two Hundred and Thirty Three Million Two Hundred and Ninety Three Thousand Two Hundred and Seventy Six Rand Ninety Cents), relating to the previous financial year (prior


2018/2019), as contained in Annexure “B” of the report of the City Manager dated 2019-09-17 and R1 269 453 546.59 (One Billion Two Hundred and Sixty Nine Million Four Hundred and Fifty Three Thousand Five Hundred and Forty Six Rand Fifty Nine Cents), as contained in Annexure “C1 to C5” of the report of the City Manager dated 2019-09-17 and relating to the 2018/2019 financial year.

6.2 That it be noted that depending on the outcome of the investigations by Line Departments, City Integrity & Investigations Unit and the Municipal Public Accounts Committee (MPAC), further action may arise, including disciplinary action, recovery of monies and criminal charges being instituted where applicable, it being recorded that based on the outcome of these investigations, appropriate recommendations will be made in terms of the amended Municipal Finance Management Act Circular 68.

6.3 That subject to Council noting irregular expenditure, a report in this regard be subsequently submitted to the Provincial Department of Co-operative Governance and Traditional Affairs, National Treasury and the Office of the Auditor-General, in line with the requirements of Section 32 and Section 170 of the Municipal Finance Management Act No.56 of 2003.

6.4 That Council notes that a parallel process has been initiated to analyze all unauthorized, irregular, fruitless and wasteful expenditure, including the amounts brought forward from the prior year, it being recorded that based on the outcome of the analysis and the respective status of each item, by November 2019 submissions will be made to the MPAC for consideration and recommendation to Council to either write-off or recover irregular expenditure, which will be reported in the 2018/2019 Annual Report.NOTED.

7. REPORT ON INVESTMENTS: PERIOD ENDED 2019-08-31 (7/11/4)

(Page 610)


That the report on investments for the eThekwini Municipality as at 2019-08-31, which records the total funds invested at financial institutions as R6 529 Million, at an average rate of return on investments of 7.71%, as submitted by the City Manager in line with the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.NOTED.

8. REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF JULY 2019 (9/1/3)

(Page 616)

The Committee undertook to ensure effective implementation of radical economic transformation for job creation purposes. Hence, tangible results in this regard were to be monitored to achieve the necessary empowerment for local businesses.


Accordingly,


8.1 That the public tender awards by the City for the month of July 2019, inclusive of awards made in terms of Section 36 of the Supply Chain Management Regulations, as contained in the report by the City Manager dated 2019-08-27, be noted.

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

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

8.4 That the City Manager shall table a report to the Committee relative to the disciplinary, criminal and recovery actions taken, it being recorded that the City Manager can only respond when the reports are available.Recommendations 8.1 and 8.2 NOTED and Recommendations 8.3 and 8.4 ADOPTED.

9. REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF AUGUST 2019 (9/1/3)

(Page 636)


9.1 That the public tender awards by the City for the month of August 2019, inclusive of awards made in terms of Section 36 of the Supply Chain Management Regulations, as contained in the report by the City Manager dated 2019-09-19, be noted.

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

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

9.4 That the City Manager shall table a report to the Committee relative to the disciplinary, criminal and recovery actions taken, it being recorded that the City Manager can only respond when the reports are available.Recommendations 9.1 and 9.2 NOTED and Recommendations 9.3 and 9.4 ADOPTED.


10. AUDIT COMMITTEE REPORT FOR THE QUARTER ENDED 2019-06-30 (2/10/2/1)

(Page 667)

The Committee appreciated the report presented by the Chairperson of the Audit Committee since this was addressing same issues relating to inefficiencies already identified in the operations of the Municipality. There was a call for an independent investigation on the issue of the Revenue Management System since contradictory information was being presented in terms of the effectiveness of the system. Also, on the Lamontville Ministerial Housing Project and general human settlement issues in Community Residential Units given alleged irregularities.

As part of oversight functions, it was considered important to have sight of a list, not specific details, of forensic investigations underway. Thereafter, it was agreed that consolidated Management responses on the audit findings be submitted for consideration by the Executive Committee for proper action to be taken thereafter to ensure proper plan is in place to achieve effective mitigation of the findings.

In view of the foregoing,


That Council notes the Audit Committee Report for the Fourth Quarter of the 2018/2019 for the financial year ended 30 June 2019, submitted in terms of Section 166 (1) of the MFMA No. 56 of 2003 and Section 14(2f(a) of the Local Government Municipal Planning and Performance Management Regulations 2001, which report reveals the following findings:

(i) Irregular expenditure;(ii) Excessive overtime payments;(iii) Internal control breakdown within the Expanded Public Works Programme;(iv) Employees charged for fraud and no action by eThekwini Municipality;(v) Unsubstantiated settlements offer with one of the suppliers; Tambo Plaza

Housing Development Project;(vi) Construction of houses without authority from the City; Lamontville

Ministerial Housing Project;(vii) Unimplemented City Integrity and Investigations Unit Reports;(viii) Stability of RMS remains uncertain;(ix) Water meter readings not recorded for a year;(x) Ineffective Human Resources Management;(xi) Lack of monitoring mechanisms for financial performance; and(xii) Achievements of annual pre-determined targets and significant KPIs being

input-based as opposed to outcome-based.NOTED.


11. REDEVELOPMENT OF LAHEE PARK SPORTS PRECINCT (31/1/R)

(Page 685)

It was submitted that a need exists to rescind the Municipal Council decision adopted in 2017 in relation to the above matter to enable compliance with the Municipal Asset Transfer Regulation 34 to conduct a public participation process required for assets with a value in excess of R10 Million.

In order to ensure local community benefits from the usage of this sports facility, even though it will be under private management, the Committee resolved that in concluding the agreement a clause be effected compelling the appointed service provider to accommodate the sporting needs of the local community.

With the three (03) Members of the DA abstaining on this matter, the majority supported the matter.

Accordingly,


11.1 That Council rescinds the following decision taken on 2017-08-30 with regard to the redevelopment of Lahee Park Sports Precinct:

(i) That the City Manager be granted authority to proceed with the process of pursuing proposals, as per the approved eThekwini Municipality Procurement Policy, in respect of the development of Lahee Park Sports Precinct, including upgrade to the existing facilities and the establishment of new facilities and infrastructure to re-establish Lahee Park as the Premier Sporting Precinct in the western region of the City.

(ii) That, in support of the proposal to redevelop the Lahee Park Sports Precinct, the City rezones the property for sport and sport-related commercial use within 06 months of the approval of the project.

(iii) That the City deliver town planning approval for the development within 06 months of the submission date.

11.2 That, with the fair market value of the asset to be leased exceeding R10 Million, authority be granted to the Accounting Officer to conduct a Public Participation Process as envisaged in terms of Regulation 34(3)(a) of the Municipal Asset Transfer Regulations of the MFMA No. 56 of 2003, for the proposed granting of rights to use, control or manage Remainder of Erven 1731, 1733, 1734, 1736, 2008 and 3118, Pinetown, measuring 23.1458 hectares, as depicted on Hand Plan SJ SH 9936.

11.3 That, in line with the provisions of the regulations referred to in .2 above, it be noted the process will include the following:

11.3.1 Inviting the local community and other interested parties to submit comments or representations;


11.3.2 Soliciting views and recommendation of the National Treasury and the Provincial Treasury on the matter;

11.3.3 Complying with Section 21 of the Municipal Systems Act by publishing the notification through the media, in local newspaper(s) published in the area of jurisdiction of the Municipality, in newspaper(s) circulating in its area of jurisdiction and determined by the Municipality as a newspaper record, or by means of radio broadcasts covering the area of jurisdiction of the Municipality.

11.3.4 That the Accounting Officer submit a report within 60 days of the conclusion of the above Public Participation Process, advising whether the capital asset is needed to provide a minimum level services, as well as the fair market value of the asset and the economic and community value to be in exchange for the capital asset.

11.4 That, subject to the public participation process, Council grants authority in-principle for the granting of rights in terms of Regulations 36 of the Municipal Asset Transfer Regulation for the long-term lease for a period of 30 years on the remainder of Erven 1731, Erf 1733, 1736, 2008 and 3118, Pinetown, measuring 23.1458 hectares as depicted on hand Plan SJ SH 9936, it being recorded that after this lease period has lapsed the ownership of the asset would belong to the Municipality.

11.5 That the agreement to be entered into between eThekwini Municipality and appointed service provider incorporates a clause giving the right for the local community to access the facility for its sporting and other events.ADOPTED.

12. REQUEST FOR BUDGET TRANSFER FOR PAYMENT OF FIXED-TERM CONTRACT STAFF APPOINTED TO UNDERTAKE UMLAZI WASTE MANAGEMENT SERVICE (SW2019/057) (7/1/2/2)

(Page 716)

The Committee supported the transfer of funds from the vote which catered for the payment of refuse collection contractors previously engaged for Umlazi area priorto the Council decision to insource the waste management service. The funds are being transferred to cater for the payment of a number of two hundred and sixty six (266) fixed-term contract staff employed with effect from 01 August 2019 to undertake refuse collection in the area of Umlazi. As such, an amount of R7 138 836.18 (Seven Million One Hundred and Thirty Eight Thousand Eight Hundred and Thirty Six Rand Eighteen Cents) needs to be transferred for this purpose.

With regard to the appointment of permanent staff for this service, it was advised that a transparent recruitment and selection process would be followed, in line with the Human Resources Policies of eThekwini Municipality. That the advert for the service has already been issued with a closing date of 04 October 2019.

With the Committee being in support thereof,



12.1 That authority be granted for the Deputy City Manager: Trading Services to transfer from the vote of refuse collection contractors to the salaries and allowance vote, an amount of R7 138 836.18 (Seven Million One Hundred and Thirty Eight Thousand Eight Hundred and Thirty Six Rand Eighteen Cents), to cater for the payment of two hundred and sixty six (266) fixed-term contract staff engaged for a period of three (03) months for Umlazi Waste Management Services, as per the Council decision to insource the service following the operational challenges encountered with the contractors.

12.2 That authority be granted for the Deputy City Manager: Finance to include in his adjustment budget a report on the transfer of the amount of R7 138 836.18 (Seven Million One Hundred and Thirty Eight Thousand Eight Hundred and Thirty Six Rand and Eighteen Cents) from the refuse removal contractor’s Vote to the salaries and allowance Vote for the in-sourcing of Umlazi Waste Management Services.


Item Vote AmountRefuse Removal Contractors 79212.10810.11.11300.0000.MRC01.0010 R7 138 836.18Salaries and Allowance 79630.13020.20.11300.0000.MRC01.0010

FC No.: 19/366/046ADOPTED.

13. REQUEST FOR APPROVAL TO ACCEPT DONATION OF MULTIPURPOSE COMMUNITY CENTRE IN WARD 60 AND OUTDOOR GYM (HILLARY PARK) IN WARD 65 TO ETHEKWINI MUNICIPALITY BY AFRISAM (PTY) LTD (33/3/2)

(Page 721)

The Committee requested clarity on the financial implications associated with staffing arrangements. The item was therefore approved subject to the submission of a revised report from a financial perspective.

In response to issues pertaining to the acceptance of donation in the event the donor is registered on the Municipality’s supplier database, the Committee was advised that the only legal prohibition in this regard will relate to the offer of a donation when on the other hand there is a competitive bidding process underway of which the donor is part of. However, an unconditional donation is acceptable.

Subject to the submission of the revised report comprising clear financial implications,


13.1 That authority be granted to the Head: Parks, Recreation and Culture to accept the contribution from the Cement Company, AfriSam (Pty) Ltd, to donate the outdoor facility for use in the Hillary Park, Arundel Road, Ward 65; and the contribution towards the building of a Multipurpose Community Hall for the Verulam, Redcliffe area in Ward 60.


13.2 That subject to the approval of .1 above, authority be granted to the Head: Parks, Recreation and Culture to enter into a Memorandum of Understanding (MOU) with AfriSam (Pty) Ltd to outline roles and responsibilities in the partnership for the construction of the Multipurpose Hall.

13.3 That subject to the approval of .1 and .2 above, authority be granted to the Parks, Recreation and Culture Unit to make provision for the necessary human resources and operational budget in the amount of R1 038 200.00 (One Million and Thirty Eight Thousand Two Hundred Rand) in the Unit’s 2020/2021 financial year planning

to ensure that the capital investments are sustainably maintained and managed.

13.4 That it be noted that once the process is completed, the two (2) donations be capitalised onto the Parks, Recreation and Culture Unit’s Asset Inventory and maintained as per the normal maintenance programme.

Revised Financial Implications subsequently submitted by Management:

Budget Item Cost Sub-Total

Staffing2 x Facility Assistants on TK05

1 x Security Guard

2 x TK05 at R120 555.33

1 x 12 Months

R240 510.66

R300 000.00

Operational BudgetBased on existing line items for a Hall e.g. electricity, water, security alarm costs

±R258 000.00 R258 000.00

Total Operating Costs R798 510.66

ADOPTED.

14. AMENDMENT TO PROPERTY DESCRIPTION CITED IN COUNCIL RESOLUTION OF 2016-03-31: APPLICATION TO SELL VARIOUS PORTIONS OF LAND TO KWAZULU-NATAL DEPARTMENT OF HUMAN SETTLEMENTS FOR RE-SETTLEMENT OF INANDA DISPLACED TRADERS GROUPS (17/2/1/2/1)

(Page 737)

The Municipal Council at its meeting held on 31 March 2016 adopted a resolution pertaining to portions of land to be transferred to the Provincial Department of Human Settlements. The attention is drawn to the fact that the resolution erroneously refers to incorrect properties, i.e. Erven 74-77 and 85-87 Lenham and Portion of the Remainder of lot Sykes No. 15658.

It should be noted that the correct property description is Erf 798, Trenance Manor, Ptn 1 of Erf 1 Redfern, Erven 74-77 and 85-87 Lenham and Erf 2009 Caneside.

Accordingly,


14.1 That, in order to ensure the correct property is transferred to the Provincial Department of Human Settlements, Council approves the following amendment of the resolutions relative to “Application to Sell Various Portions of Land


to the KwaZulu-Natal Department of Human Settlements for the Re-settlement of the Inanda Displaced Trader Groups”, as adopted on 31 March 2016:

14.1.1 That the Municipality declares in terms of Section 14(6) of the MFMA No. 56 of 2003, read together with Regulation 20 of the MFMA Asset Transfer Regulations, that Erf 798 Trenance Manor, Ptn 1 of Erf 1 Redfern, Erven 74-77 and 85-87 Lenham and Erf 2009 Caneside, be transferred to the KwaZulu-Natal Department of Human Settlements for the onward sale and transfer to the Inanda displaced Traders groups at an amount of R30.00 (Thirty Rand) per square meter, in terms of the existing Displaced Trader Programme.

14.1.2 That a suitably worded condition in favour of the Municipality be included as a restriction in title in respect of all the sale agreements and that this condition is to be carried forward in title when transfer takes place from the Department to the various displaced Traders groups.

14.1.3 That Council notes all costs of survey are to be for the account of the KwaZulu-Natal Department of Human Settlements.

14.1.4 That authority be granted to the Head: Real Estate to sign all documents necessary to conclude the various agreements in this regard.

Recommendations REFERRED BACK to the Executive Committee to enable relevant verifications to take place in the first instance.

15. APPROVAL OF SECTION 33 OF THE MFMA PROCESS FOR RATES REBATE AGREEMENT WITH MAIN STREET 57 TO INCENTIVIZE BRICKWORKS DEVELOPMENT (7/2/2)

(Page 748)

With the three (03) Members of the DA abstaining to take the matter to their Party Caucus, by the majority,


15.1 That given the statutory requirement for the Section 33 process in terms of the MFMA No.56 of 2003, with respect to contracts that will impose financial obligations on the Municipality beyond the three-year budget cycle:

15.1.1 The proposed rates rebate agreement be entered into between the Municipalityand the Main Street 57 (Pty) Ltd for a total period of 15 years, based on five years for each of the three phases of the full Brickworks development.

15.1.2 That it be noted that the Municipality will secure a significant capital investment and financial economic benefit from the agreement, taking into account the Municipality’s projected financial obligations in terms of the proposed agreement.

15.1.3 That the commitment from the Developer with respect to alignment with the Municipality’s empowerment policies during the planning, construction


and post construction phases, with particular focus to the procurement and social inclusivity of the development, be noted.

15.1.4 That it be noted that a separate agreement is to be entered into with the Developers in the broader node with regard to the cost contribution towards bulk infrastructure provision.

15.1.5 That authority be granted to the City Manager to sign the rates rebate agreement on behalf of the Municipality.ADOPTED.

16. APPROVAL OF PROCESS PLAN FOR INTEGRATED DEVELOPMENT PLAN REVIEW 2020/2021 (2/1/6/1)

(Page 817)

With an undertaking to conduct an analysis to establish linkages between the Integrated Development Plan and the Budget,


That the 2020/2021 Integrated Development Process Plan as contained in the report of the City Manager dated 2019-09-16 developed in line with the requirements of the Local Government: Municipal Systems Act, No. 32 of 2000, to guide the planning, drafting, adoption and the review of the Integrated Development Plan of the eThekwini Municipality, be adopted.ADOPTED.

4. NOTICE OF MOTION

4.1 BESTER (WARD 54 and 47) HOMES MUST BE PROVIDED WITH BETTER ABLUTION FACILITIES : PROPOSED BY COUNCILLOR EMMANUEL MHLONGO AND SECONDED BY COUNCILLOR MLUNGISI BHENGU

Notice of Motion, by the majority vote, NOT CARRIED.

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

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

Councillor NT Cele : 2019-09-27 (Indisposed)Councillor CO Clayton : Request to leave at 14:00Councillor TP Collins : Request to leave at 12:30Councillor M David : Request to leave at 13:50Councillor CB Dlamini : 2019-09-21 to 28 (Municipal Business)Councillor BA Fortein : 2019-09-21 to 28 (Municipal Business)Councillor ZRT Gumede : 2019-09-25 to 27 (Indisposed)Councillor QL Hlengwa : Request to leave at 13:00Councillor SA Kaunda : 2019-09-27 (Municipal Business)Councillor TM Kaunda : Request to leave at 14:30Councillor TJ Luthuli : 2019-09-21 to 28 (Municipal Business)


Councillor P Mfeka : 2019-09-25 to 30 (Personal Commitments)Councillor K Mhlaba : 2019-09-27 (Indisposed)Councillor BA Mkhize : 2019-09-27 (Municipal Business)Councillor MP Mkhize : 2019-09-27 (Indisposed)Councillor S Mkhize : 2019-09-27 (Personal Commitments)Councillor S Moonsamy : Request to leave at 14:30Councillor SNL Mshengu : 2019-09-27 to 30 (Personal Commitments)Councillor LG Mthembu : 2019-09-27 (Personal Commitments)Councillor NE Mthembu : 2019-09-27 (Indisposed)Councillor M Nair : Request to leave at 12:00Councillor MK Ndzimbomvu : 2019-09-27 (Personal Commitments)Councillor AS Ngcobo : 2019-09-27 (Indisposed)Councillor SB Ngcongo : 2019-09-27 (Indisposed)Councillor TT Ngubane : Request to leave at 13:00Councillor M Nojiyeza : 2019-09-25 to 10-03 (Indisposed)Councillor NN Nyanisa : 2019-09-27 (Indisposed)Councillor BW Phewa : 2019-09-24 to 30 (Personal Commitments)Councillor DR Pillay : 2019-09-13 to 28 (Overseas Trip)Councillor KR Pillay : 2019-09-27 to 10-30 (Indisposed0Councillor R Pillay : 2019-09-27 to 10-05 (Overseas Trip)Councillor GDA Pullan : 2019-09-27 to 10 -08 (Personal Commitments)Councillor BA Qhantsi : 2019-09-27 to 30 (Indisposed)Councillor A Ramkissoon : Request to leave at 14:30Councillor S Sewshanker : 2019-09-27 (Indisposed)Councillor MC Shezi : 2019-09-27 (Municipal Business)Councillor HP Shozi : 2019-09-27 to 28 (Personal Commitments)Councillor S Sibisi : 2019-09-27 to 28 (Personal Commitments)Councillor PS Sishange : 2019-09-27 (Indisposed)Councillor JB Thabethe : Request to leave at 11:30Councillor C Xesibe : 2019-09-27 (Indisposed)Councillor T Xuma : 2019-09-27 (Personal Commitments)Councillor PM Zulu : Request to leave at 14:00

City Administration: Secretariat27 September 2019

minutes and... · web view2.3.2that subject to the approval of .1 above, authority be granted to...

Documents