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KRR(2016-02-24)(SAM)[CHALL-136310] 2016-02-26

COUNCIL DECISION CIRCULAR : MEETING HELD ON 2016-02-24

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2016-02-24.

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

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

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

- 2 - (eThekwini MunicipalityCouncil Decisions - 2016-02-24)

1. FIRST REPORT OF THE EXECUTIVE COMMITTEE : SPECIAL MEETING HELD ON FRIDAY, 2016-02-09

1.1 REPORT OF THE COMMUNITY AND EMERGENCY SERVICES COMMITTEE MEETING HELD ON 2016-02-04

(Page R1)

1.1.1 Major Hazard Installation: Pearl Star 90CC, 60 - 62 Estuary Drive, Riverview, Verulam (30/2/5/1):(Page 11 : Community and Emergency Services Committee - Agenda 2016-02-04)

The Committee noted that the risk assessment, on behalf of Pearl Star 90cc, had been submitted to eThekwini Municipality in accordance with the provisions of the Major Hazard Installation Regulations framed under the Occupational Health and Safety Act 85 of 1993 and that the report thereon had been subsequently considered by the Municipality's Technical Task Team on Major Hazard Installations which resulted in no reason being offered to advise against its acceptance and the continued operation of the company in accordance with the provisions of the assessment.

COMMITTEE RECOMMENDS:

That, having concurred with the conclusion of the Major Hazard Installation (MHI) Technical Task Team that there is no valid reason to advise against the continued operation of Pearl Star 90cc, situated at 60 - 62 Estuary Drive, Riverview, Verulam as it is in accordance with the Major Hazard Regulations, the intention to install two nine cubic metres gas tanks to replace the two existing 4.5 cubic metre Liquefied Petroleum gas (Butane) tanks thereat, be approved.ADOPTED.

1.1.2 Major Hazard Installation: PFE Extrusion, 11 Buckman Boulevard, Hammarsdale (30/2/5/1):(Page 13 : Community and Emergency Services Committee - Agenda 2016-02-04)

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


That, having concurred with the conclusion of the Major Hazard Installation (MHI) Technical Task Team that there is no valid reason to advise against the erection of the Major Hazard Installation by PFE Extrusion, situated at 11 Buckman Boulevard, Hammarsdale, as it is in accordance with the Major Hazard Regulations, the proposal to install 1 x 22.5m3 Liquefied Petroleum Gas vessel which will supply gas as fuel for the burners in the extrusion plant, be approved.ADOPTED.


1.1.3 Major Hazard Installation : Engen (Pty) Ltd, Lot 111 Trinidad Road, Island View, Durban, eThekwini Municipality, KwaZulu-Natal (30/2/5/1):(Page 15 : Community and Emergency Services Committee - Agenda 2016-02-04)

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


That, having concurred with the conclusion of the Major Hazard Installation (MHI) Technical Task Team that there is no valid reason to advise against the proposed operation of Engen (Pty) Ltd, situated at Lot 111 Trinidad Road, Island View, as it is in accordance with the Major Hazard Regulations, a proposal to erect two new 21 300m3 vertical aluminium roofed low sulphur diesel storage tanks thereat, be approved.ADOPTED.

1.1.4 Major Hazard Installation: Dow Agro Science, Canelands Facility, Verulam (30/2/5/1):(Page 17 : Community and Emergency Services Committee - Agenda 2016-02-04)

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


That, having concurred with the conclusion of the Major Hazard Installation (MHI) Technical Task Team that there is no valid reason to advise against the continued operation of Dow Agro Science, situated at Old Mill Road, Canelands, Verulam as it is in accordance with the Major Hazard Regulations, it is accordingly approved.ADOPTED.

1.1.5 Major Hazard Installation: NCS Resins, 337 Refinery Road, Isipingo, Durban, KwaZulu - Natal (30/2/5/1) (Page 19 : Community and Emergency Services Committee - Agenda 2016-02-04)

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



That, having concurred with the conclusion of the Major Hazard Installation (MHI) Technical Task Team that there is no valid reason to advise against the continued operation of NCS Resins, situated at 337 Refinery Road, Isipingo, Durban, as it is in accordance with the Major Hazard Regulations, a proposal to install a Natural (Methane) Gas Pipeline which is operated by Spring Light Gas Supplier to replace heavy oil as a heat source, be approved.ADOPTED.

1.1.6 Authority to Provide Possible Sites for New Statues to be Erected Within eThekwini Municipality - Request from the KZN Office of the Premier (21/8/R):(Page 23 : Community and Emergency Services Committee - Agenda 2016-02-04)

The Community and Emergency Services Committee considered a report a report by the City Manager dated 2015-10-20, the purpose of which was to seek authority to provide possible locations or sites to erect new statues as per the request from the KZN Office of the Premier and to be the custodians of such statues, through the Libraries and Heritage Department, in future.


1.1.6.1 That approval be granted for the following proposed sites to be used as per the request from the KwaZulu-Natal Office of the Premier.

NAME MOTIVATION PROPOSED SITE

Dorothy Nyembe Dorothy Nyembe is originally from uMkhumbane so it would be fitting for her statue to be located there.

Umkhumbane in new Cato Manor site in Monuments Garden (corner Mary Thipe and Francois Roads)

Dr Monty Naicker The family has been engaged on the matter and they have made proposals which we are putting forth. Other relevant stakeholders have also been consulted and all proposed two possible sites subject to Council's approval.

1. Along Monty Naicker Road, exact location to be determined.

2. New Mahatma Gandhi Museum Precinct

Victoria Mxenge The statue has already been installed or erected in the Mxenge House it needs to be unveiled.

Mxenge House (Umlazi)

Griffiths Mxenge The statue would be ideal if it can be erected in the house together with that of Victoria Mxenge this proposal has the support of the Mxenge family. This would serve as attractions and exhibits for future purposes as this house is currently being converted into a Museum by the City.

Mxenge House (Umlazi)

DrPixleykaIsakaSeme

The statue has been erected at Inanda at PixleykaIsakaSeme's home it needs to be unveiled.

Inanda (PixleykaIsakaSeme House)

Moses Mabhida There have been engagements with various stakeholders on this issue, together with the family the proposal was made and Moses Mabhida has been engaged on the matter.

Moses Mabhida Stadium (North Entrance - off Isaiah Ntshangase Road)


1.1.6.2 That, subject to the adoption of .1 above, the City Manager be granted authority to sign a Memorandum of Understanding (MOU) with the KwaZulu-Natal Office of the Premier addressing custodianship of statues.ADOPTED.

1.1.7 Authority for the Department of Arts and Culture in KwaZulu - Natal to Erect Two Provincial Heritage Plaques at Umlazi for Griffiths and Victoria Mxenge (21/11/R):(Page 26 : Community and Emergency Services Committee - Agenda 2016-02-04)

The Community and Emergency Services Committee, having concurred with the report by the City Manager dated 2015-11-24 to seek authority for the Provincial Department of Arts and Culture to erect two special commemorative provincial heritage plaques at Umlazi Township for Griffiths and Victoria Mxenge as part of the Provincial Heritage Project,


1.1.7.1 That project authority be granted for an appropriate location at the site “Mxenge House Erf 190 V Section Umlazi” to be used for the installation of a Heritage Plaque honoring Victoria Nonyamezelo Mxenge.

1.1.7.2 That project authority be granted for an appropriate location at the site “Umlazi Cyclist Stadium eMhlabeni” to be used for the installation of a Heritage Plaque honoring Griffiths Mlungisi Mxenge.

1.1.7.3 That subject to the approval of .1 and .2 above, such installations be incorporated into and in line with the Council - approved Durban Liberation Heritage Route.

1.1.7.4 That subject to .1 above, the City Manager be granted authority to sign a Memorandum of Understanding (MOU) with the KwaZulu-Natal Provincial Department of Arts and Culture in order to address custodianship of such plaques.ADOPTED.

1.1.8 Tariffs 2016/2017 : Durban Metropolitan Police (7/6/1/3):(2 : Community and Emergency Services Committee - Agenda 2016-02-04)


1.1.8.1 That all ‘Present Tariffs’, as reflected in Annexure A (Tariffs 2016/2017), attached to the report by the City Manager dated 2015-11-12, as imposed by the Municipality be hereby rescinded with effect from 2016-06-30.

1.1.8.2 That subject to the adoption of .1 above, the ‘Proposed Tariffs including Value Added Tax (VAT)’ as set out in Annexure A (Tariffs 2016/2017), attached to the report by the City Manager dated 2015-11-12, be adopted with effect from 2016-07-01.

1.1.8.3 That the City Manager be required;

1.1.8.3.1 To display a copy of this resolution and the said Tariff of Charges conspicuously:-


1.1.8.3.1.1 On the City Hall Notice Board, and

1.1.8.3.1.2 At such other places within the Municipality as the City Manager may determine;

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

ETHEKWINI MUNICIPALITY

Notice is hereby given that:-

(a) A resolution of the kind contemplated in Section 75A (2) of the Local Government: Municipal Systems Act 2000 (Act 32 of 2000) was passed by the Municipal Council on………………………….

(b) A copy of the said resolution and annexed Tariff of Charges is available for inspection at:-

(i) City Hall, Dr. PixleyKaSeme Street, Durban

(ii) ……………………………etc.

1.1.8.3.3 The effective date for the implementation of the said tariff of charges is 2016-07-01.

1.1.8.3.4 To seek to convey the information referred to in the said notice to the public on East Cost and Ukhozi Radio Station, and

1.1.8.3.5 To send a copy of the notice to the KZN Member of the Executive Council (MEC) responsible for Co-operative Governance & Traditional Affairs.ADOPTED, by the majority vote.

1.1.9 Proposed Decommissioning of Meteorological Station Situated at Pier 2, Off Langeberg Road, Durban Harbour (30/2/4/2/3):(1 : Community and Emergency Services Committee - Supplementary Agenda 2016-02-04)

The Community and Emergency Services Committee noted that the Meteorological Station had been discontinued due to the following reasons:-

● Development by Transnet around the site resulted in the station no longer being representative of the area;

● Transnet commenced their own air quality monitoring within Durban Harbour

● The Meteorological station in the Harbour was 20m high whilst eThekwini Municipality was required to monitor at 10m high


1.1.9.1 That in view of the of the fact that the harbour Meteorological Mast is no longer serving any useful purpose and the site is being leased from the National Ports Authority (rental costs), authority be granted for:-


1.1.9.1.1 The disposal of the asset in terms of Section 90 (2)(a)(b), (3) & (4) of the Municipal Finance Management Act (MFMA), it being recorded that the disposal shall be through the Councils disposal yard.

1.1.9.1.2 The Real Estate Unit be requested to terminate the lease entered into between the eThekwini Municipality and Transnet.ADOPTED.

1.1.10 Authority and Approval of Events Fund for Moses Mabhida Stadium (31/2/1/5/2):(4 : Community and Emergency Services Committee - Supplementary Agenda 2016-02-04)

The Community and Emergency Services Committee noted that the purpose of the above-mentioned of the City Manager dated 2015-11-02 report was to seek approval for the allocation of Events Funds to Moses Mabhida Stadium to secure various events for the 2015/2016 financial year.


1.1.10.1 That an Event Fund of R5 000 000.00 (Five Million Rand Only) for the 2015/16 financial year to Moses Mabhida Stadium Management to pursue quality events for the stadium, be approved.

1.1.10.2 That subject to the approval of .1 above, the Chief Financial Officer identifies savings from the mid-term budget adjustment process.

1.1.10.3 That the General Manager be granted authority to approve the events that requires support and report the same to the City Manager.

1.1.10.4 That regular updates be provided to advise the Committee on progress made on events secured and hosted at the stadium through the events fund.

Financial Implications:

Vote No.: 9501.073974 R5 000 000.00 (Provided 2015/16 Financial Year)FC No.: FC 31/01ADOPTED, by the majority vote.

1.1.11 Authority for the National Department of Arts and Culture to Erect Archie Gumede Statue in Durban (21/11/R):(Page L5 : Community and Emergency Services Committee Agenda 2016-02-04)

The Committee having concurred with the content of the report in the above regard, the purpose of which was to seek authority for the National Department of Arts and Culture to erect Archie Gumede statue in Durban,


1.1.11.1 That project authority be granted for an appropriate location next to the Chief Albert Luthuli International Convention Centre where the Liberation Wall is situated, to be used for the installation of an Archie Gumede Statue to honour his role in the struggle against apartheid.


1.1.11.2 That subject to the adoption of .1 above, such installations be incorporated into and in line with the Council- approved Durban Liberation Heritage Route.

1.1.11.3 That subject to .1 and .2 above, the City Manager be granted authority to sign a Memorandum of Understanding (MOU) with the National Department of Arts and Culture in order to address issues of custodianship of such plaques.ADOPTED.

1.1.12 Amantshontsho KaMaskandi Awards (13/2/1/2/1):(Page L11 : Community and Emergency Services Committee Agenda 2016-02-04)

The Community and Emergency Services Committee considered a report dated 2016-01-11 by the City Manager in the above regard, the purpose of which was to request financial support to Kwande Africa (Pty) Ltd who would be hosting the Maskandi Awards on 2016-02-20.


That authority be granted to the Deputy City Manager : Community and Emergency Services to provide financial support to Kwande Africa for the hosting of the Maskandi Awards at the Durban International Convention Centre Arena as follows:-

SUPPORT REQUIRED DESCRIPTION

● City Dressing, promotional posters and banners

● 1 banner on toll-gate bridge to be up for 10 days leading to the event

● 2 pull up banners inside the ICC

TOTAL : +/- R 19 171, 00

● Venue Hire ● Durban ICC Arena● Venue Catering● Venue Equipment● Venue Security

TOTAL : R 466 306, 80

Total Budget Estimate: +/- R 485 477, 80Vote Number : 14001.04540FC number : 31/198ADOPTED, by the majority vote.

1.1.13 Proposal to Launch KwaMashu CRU Sakhubunye Social Intervention on 2016 - 02-06 (22/2/8/2/1):(Page L12 : Community and Emergency Services Committee Agenda 2016-02-04)

Having considered a report by the City Manager in respect of the above, the Community and Emergency Services Committee was advised that the proposed launch of the KwaMashu CRU Sakhubunye Social Intervention was aimed at addressing social challenges faced by the residents of KwaMashu Community Residential Unit.



1.1.13.1 That the KwaMashu CRU Sakhubunye Social Intervention aimed at addressing social challenges faced by the residents of KwaMashu Community Residential Unit be launched on 06 February 2016.

1.1.13.2 That the following programme be approved for the implementation at KwaMashu CRU for a period of two (2) years:-

● Sports Development and Recreation● Arts and Culture● Conflict Resolution workshops/ dialogues● Public Space Mass Participation (Sportsfields, Parks, Public Open Spaces

etc)● Anti drug and substance abuse initiatives● Victim Empowerment Workshops targeting men, women and childrenADOPTED.

1.2 REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE MEETING HELD ON 2016-02-04

(Page R9)

1.2.1 Transfer of Land: Metro Water to Environmental Planning and Climate Protection Department (17/2/1/2/1):(Page 1 : Economic Development and Planning Committee - Agenda 2016-02-04)

The Committee noted that the application site was no longer required by Durban Metro Water and that the Environmental Planning and Climate Protection Department had for several years managed a portion of the site which contained a high quality Sandstone Sourveld grassland ecosystem.

The assessed market value of R500 000 was provided by the Real Estate Department, and said amount has already been transferred by the Environmental Planning and Climate Protection Department to Durban Metro Water.


That it be noted that the property described as Erf 147 of Assagay, Registration Division FT in the Province of KwaZulu-Natal, in extent approximately 2.7266 Ha, depicted on plan No. SJ4504/3, has been transferred from the Durban Metro Water asset register to the Environmental Planning and Climate Protection Department for fields operations base, it being recorded that there are no buildings on the site.ADOPTED.

1.2.2 Progress Report: Allocation of Informal Trading Sites in eThekwini Municipality Area (20/1/7/6)(Page 20 : Economic Development and Planning Committee - Agenda 2016-02-04)

In considering the matter, Committee noted that the criteria for allocating sites was negotiated with all relevant stakeholders, and it was agreed that allocations be done by officials.


It was noted that the Allocations Policy was central to the entire policy for the informal economy, and was based on the changing demographic and socio-economic structure of the local area, striving for a balance between allowing entry to businessmen, and providing opportunities for new entrants, targeting vulnerable groups e.g. poorer people, women, youth and people with disabilities.

It was considered a tool through which local government could steer management and growth of the informal economy by supporting growth and creating opportunities for new entrants in an economically sustainable and socially useful way.


1.2.2.1 That the report by the City Manager dated 2016-01-15, relative to Allocations of Trading Opportunities and Permits issued, be noted.

1.2.2.2 That subject to the adoption of .1 above, the Head: Business Support, Tourism and Markets Unit be requested to keep the Committee informed of progress with regard to further allocations of trading opportunities.

1.2.2.3 That it be noted that the Allocations Policy strives for a balance between allowing entry to some existing business people, and providing opportunities for new entrants, targeting vulnerable groups, such as poorer people, women, young people, and people with disabilities.Recommendations 1.2.2.1 and 1.2.2.3 NOTED and Recommendation 1.2.2.2 ADOPTED.

1.2.3 Transfer of Funds from eThekwini Municipality Business Support Unit to SEDA Construction Incubator for the Management and Operation of the INK Construction Incubator in 2015/2016 and 2016/2017 Financial Year (20/1/6/3):(Page 30 : Economic Development and Planning Committee - Agenda 2016-02-04)


1.2.3.1 That the Head: Business Support, Tourism and Markets Unit be authorised to transfer R3.86 Million (R1.93 Million in December 2015 and another R1.93 Million in May 2016) in the 2015/16 financial year and R3.86 Million (R1.93 Million in December 2016 and another R1.93 Million in May 2017) in the 2016/17 financial year, for the operation of the Ink Construction Incubator in terms of the Memorandum of Agreement (MOA) and Section 67 of the Municipal Finance Management Act (MFMA) (Act No. 56 of 2003).

1.2.3.2 That subject to the approval of .1 above, the Head: Business Support, Tourism and Markets Unit be granted authority to monitor the work and report back to the Committee in terms of the Memorandum of Agreement (MOA) and Section 67 of the Municipal Finance Management Act (MFMA) (Act No. 56 of 2003).

Vote No.: 26540.06930 R3.86 Million (Excl. VAT) Provided 2015/16R3.86 Million (Excl. VAT) Provided 2016/17

FC No.: 32/11ADOPTED.


1.2.4 Durban KwaZulu-Natal Convention Bureau (20/1/4/3):(Page 181 : Economic Development and Planning Committee - Agenda 2016-02-04)


1.2.4.1 That budget allocation of R2 407 315.00 (Two Million Four Hundred and Seven Thousand Three Hundred and Fifteen Rand Only) (excluding VAT) to the Durban KwaZulu-Natal Convention Bureau for the operational expenses of this entity in the 2015/16 financial year, be approved.

1.2.4.2 That budgetary provisions for the shareholding of the eThekwini Municipality in this entity for the 2016/17 and 2017/18 financial years as per the amounts under the Financial Implications below, be identified.

1.2.4.3 That subject to the approval of .1 and .2 above, the Acting Deputy City Manager: Sustainable Development and City Enterprises transfer the relevant funds for the Convention Bureau for the 2015/16 financial year to this entity.

1.2.4.4 That subject to the approval of .3 above, the Acting Deputy City Manager: Economic Development and Planning be tasked to provide the Economic Development and Planning Committee with regular feedback regarding the utilisation and impact of the funds that have been provided to the Durban KZN Convention Bureau.


The Annual Contributions to the Durban KwaZulu-Natal Convention Bureau will be as follows:-

Vote No.: 26723.03786 R2 744 339.00 (Incl. VAT) Provided 2015/16R2 744 339.00 (Incl. VAT) Provided 2016/17R2 881 552.00 (Incl. VAT) Provided 2017/18


1.2.5 Tourism Indaba 7 to 9 May 2016 (20/1/4/3):(Page 185 : Economic Development and Planning Committee - Agenda 2016-02-04)


1.2.5.1 That authority be granted to the Head: Business Support, Tourism and Markets Unit to facilitate the hosting of Tourism Indaba 2016 in partnership with the Bid Parties contract, through the utilisation of the budgeted amount of R14 769 628.00 (Fourteen Million Seven Hundred and Sixty Nine Thousand Six Hundred and Twenty Eight Rand Only).

1.2.5.2 That the City Manager be granted authority to sign the Bid Parties Indaba 2016 Contract with South African Tourism.

1.2.5.3 That the Head: Business Support, Tourism and Markets Unit be requested to keep the Committee updated on the outcomes of Tourism Indaba 2016.

Vote No.: 26724.11487 R14 769 628.00 (Provided in 2015/16)FC No.: 13/14ADOPTED.


1.3 REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE MEETING HELD ON 2016-02-04

(Page R12)

1.3.1 Naming of Streets in Ward 102 Covering Ottawa (25/4/15/1):(Page 100 : Governance and Human Resources Committee - Agenda 2016-02-04)


That the following proposed and reviewed names for the unnamed Streets in Ward 102 covering Ottawa as contained in the report of the Deputy Head: Corporate Geographic Information Systems dated 2015-10-13 and as indicated on Plan STN 13/10/15 GDC, be approved.

STREET CODE PROPOSED NAME REVIEWED NAME MEANING

610702 STR Allamanda ALLAMANDA ROAD Type of plant

610703 STR Tecoma TECOMA ROAD Type of plant

610704 STR Umhlanga Ridge UMHLANGA RIDGE BOULEVARD

Means “Reed” in isiZulu

ADOPTED.

1.4 AUTHORITY TO USE SECTION 116 (3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT TO AMEND CONTRACT PSC 2013/003: PROFESSIONAL SERVICES FOR DESIGN AND SUPERVISION AND CONSTRUCTION CONTRACT WS6674 FOR ZWELIBOMVU RESERVOIR AWARD 7 (9/1/3 & 23/1/11/2/1/1)

(Page 38)


1.4.1 That, in terms of Section 116(3) of the Municipal Finance Management Act, authority be granted to increase contract authority of R599 625.00 (Five Hundred and Ninety Nine Thousand Six Hundred and Twenty Five Rand Only) under Contract PSC 2013/003 of the Professional Services for the design and supervision of contract awarded to Naidu Consulting (Pty) Ltd) and to extend the contract duration period until the completion of the construction of Zwelibomvu Reservoir, it being recorded that contract completion will be achieved 12 months after approval to commence is granted.

1.4.2 That, in terms of Section 116(3) of the Municipal Finance Management Act, authority be granted to increase contract authority value of R2 195 992.16 (Two Million One Hundred and Ninety Five Thousand Nine Hundred and Ninety Two Rand and Sixteen Cents Only) under Contract WS6674 for the Construction of Zwelibomvu Reservoir awarded to Afrostructures (Pty) Ltd) and to extend the contract duration period until the completion of the construction of Zwelibomvu Reservoir, it being recorded that contract completion will be achieved 12 months after approval to commence is given.


1.4.3 That, as per the report of the Head: eThekwini Water and Sanitation dated 2015-12-09, authority be granted to demolish and dispose of the existing Zwelibomvu Reservoir with a current net book value of R54 757.95 (Fifty Four Thousand Seven Hundred and Fifty Seven Rand and Ninety Five Cents Only), due to the following reasons:-

1.4.3.1 The construction of Zwelibomvu Reservoir is currently on hold as a result of landowner claims that they were not informed of the construction and requests a claim of R5 Million subsequently dropped to R3 Million thus reaching a deadlock.

1.4.3.2 A need exists to mitigate any further delay costs or termination of the contract by constructing the new reservoir within the existing reservoir site and this would require the demolition of the existing reservoir and the best alternative which is both economical and practical is to construct a 4ML rectangular reservoir and a 500kl steel tank to be installed to keep the area supplied with water during construction.

1.4.3.3 There is a critical need to increase the storage capacity for this area to ensure that the current and future demands are met and this additional work and a revised construction implementation strategy has resulted in a significant change in the scope of works to the professional and construction contracts.

1.4.4 That public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendment to Contract PSC 2013/003 and WS 6674 in line with the requirements of Section 116(3) and Section 33 of the Municipal Finance Management Act.

Vote No.: X6309 R2 795 616.17 Provided in the 2016/2017 Draft Capital Budget

FC No.: 64/C23ADOPTED.

1.5 ARTISANS DEVELOPMENT PROJECT (4/3/5/2)

(Page 62)


1.5.1 That authority be granted for the Deputy City Manager: Human Resources to proceed with the Artisans Development Project to train artisans over a period of 3 (three) years with funding to be identified from savings on maintenance budget.

1.5.2 That the Deputy City Manager: Human Resources submit to the Executive Committee a detailed report outlining, amongst other things, criteria to be applied to source trainees to clearly understand the selection process; placement process after training; and overall budget implications.ADOPTED.


1.6 INTRODUCTION OF WATER RESTRICTIONS FOR AREAS SUPPLIED BY UMGENI RIVER SYSTEM 23/1/4)

(Page 68)


1.6.1 That the eThekwini Municipality continues to support the existing drought initiatives and the implementation of the following water restrictions with immediate effect to all areas supplied from Umgeni River System as well as all of the eThekwini Metro, with the exception of the areas supplied by Hazelmere Dam which has its own water restrictions:-

1.6.1.1 Restrict domestic and industrial use by 15% of the annual target draft.1.6.1.2 Restrict irrigation use by 50% of the annual target draft.

1.6.2 That the Head: Water and Sanitation be mandated to develop a programme, in addition to Masakhane and other campaigns, to intensify education of communities on drought and preservation.

1.6.3 That the Head: Water and Sanitation intensifies repairs in respect of water leakage in commercial standpipes to reduce wastage and investigates and report back on initiatives to harvest rain water within eThekwini Municipality.

1.6.4 That any consumer found not to be in compliance with water restrictions, following a written warning, be issued with a fine in accordance with Clause 11(1)(b) of the eThekwini Water By-laws which is R500,00 for domestic consumers and R10 000,00 for large businesses.ADOPTED, by the majority vote

1.7 REQUEST FOR AUTHORITY TO APPOINT RETIRED PROFESSIONAL TECHNOLOGIST AS A TRAINER/MENTOR FOR THE GRADUATE INTERNSHIP PROGRAMME: WS2015/112 (4/3/2)

(Page 94)


That Council approves the appointment of a retired professional technologist to provide a 12-month training and mentoring services under Graduate Internship Training Programme funded by National Treasury at an estimated amount of R1 065 000.00 (One Million and Sixty Five Thousand Rand), which programme is aimed at developing newly graduated Engineers; Technologists; and Technicians to register as professionals in water and waste water-related skills.

Vote: 60115.04720 R532 500.00 (Funded from ISDG for 6 months in 2015/16)R532 500.00 (Funded from ISDG for 6 months in 2016/17)

FC No.: 64/64Recommendation AMENDED by the addition of the following paragraph 2:-

“2. That the Head: Water and Sanitation be requested to implement a succession planning programme to ensure that skills are strengthened within the department”


to read as follows:-

“1. That Council approves the appointment of a retired professional technologist to provide a 12-month training and mentoring services under Graduate Internship Training Programme funded by National Treasury at an estimated amount of R1 065 000.00 (One Million and Sixty Five Thousand Rand), which programme is aimed at developing newly graduated Engineers; Technologists; and Technicians to register as professionals in water and waste water-related skills.

2. That the Head : Water and Sanitation be requested to implement a succession planning programme to ensure that skills are strengthened within the department”

and thereafter, unanimously, ADOPTED.

1.8 ASSISTING TERTIARY INSTITUTIONS TO REDUCE THEIR UTILITY COSTS (7/2/2)

(Page 102)


1.8.1 That the following efficiency interventions be implemented to campuses and student accommodation of accredited tertiary education institutions within the area of eThekwini Municipality:-

1.8.1.1 Energy efficiency devices to assist them by installing with LED lighting1.8.1.2 Geysers to be replaced by heat pumps1.8.1.3 Install solar panels1.8.1.4 Conversion of existing showerheads to more water-efficient showerheads1.8.1.5 Reduce the water pressure1.8.1.6 An awareness campaign around water and electricity consumption be undertaken

jointly by the institution and the Municipality.

1.8.2 That authority be granted to the Municipality’s Energy Office to facilitate the acquisition of the required donor funding.

1.8.3 That subject to the approval of .1 and .2 above, the assistance be extended to all accredited tertiary institutions within the area of the eThekwini Municipality.

1.8.4 That whilst the donor funding is being obtained, the Electricity Unit and the Water & Sanitation Unit be requested to start awareness campaigns to reduce wastage in partnership with the relevant tertiary education institution and to put in the necessary interventions to reduce consumption as envisaged in .1 above.ADOPTED.


1.9 NOTING OF RULE OF ORDER 28: STRATEGIC EVENTS PARTNERSHIP BETWEEN THE PROVINCIAL DEPARTMENT OF ECONOMIC DEVELOPMENT, TOURISM AND ENVIRONMENTAL AFFAIRS AND THE ETHEKWINI MUNICIPALITY’S BUSINESS SUPPORT, TOURISM AND MARKETS (13/2/1/2/1 & 20/1/4/3)

(Page 104)


1.9.1 That the approval given by His Worship the Mayor, Councillor James Nxumalo, in terms of Rule of Order 28, to allocate an amount of R4 000 000,00 (Four Million Rand) for the proposed partnership between the Provincial Economic Development, Tourism and Environmental Affairs and eThekwini Municipality’s Business Support, Tourism and Markers, be noted.

1.9.2 That His Worship the Mayor, Councillor James Nxumalo authorizes the presented partnership framework of event partnership and funding administration between the Province, the City and the Madlozi Entertainment for the South African Music Conference and Woz’e Durban Picnic.

1.9.3 That should His Worship the Mayor, Councillor James Nxumalo approve the above recommendation, the matter will be submitted t the nest meeting of the Executive Committee to seek ratification for action.

1.9.4 That the Head: Business Support, Tourism and Markets will keep Council and His Worship the Mayor, Councillor James Nxumalo informed of progress and outcome.

1.9.5 That the funding for the Province should be transferred to the eThekwini Municipality specifically for the projects listed below which will be monitored by Head : Business Support, Tourism and Markets:-

1.9.5.1 South African Music Conference (SAMC) - R1 500 000.00 including VAT1.9.5.2 Woz’e Durban New Year’s Picnic - R1 500 000.00 including VAT1.9.5.3 The Durban Business Far and Essence Festival - R 500 000.00 including VAT1.9.5.4 Durban Fashion Fair - R 500 000.00 including VAT

NOTED.

1.10 NOTING OF RULE OF ORDER 28: FINANCIAL ASSISTANCE FOR THE FUNERAL OF LATE COUNCILLOR THAMI HENDRICK CELE (3/5/15)

(Page 116)


That the approval given by His Worship the Mayor, Councillor James Nxumalo, in terms of Rule of Order 28, to allocate an amount of R100 000,00 (One Hundred Thousand Rand) for financial assistance towards burial of the late Councillor Thami Hendrick, be noted.NOTED.


1.11 REQUEST TO AUTHORIZE CITY'S FUNDING AND PARTNERSHIP TO HOST 2016 LARASA WORLD LEISURE CONGRESS (20/1/4/3)

(Page 118)


1.11.1 That authority be granted for the eThekwini Municipality to enter into partnership with the Leisure and Recreation Association of South Africa (LARASA), established with the objective to promote recreation and leisure as a profession, to host the 2016 LASARA World Leisure Congress from 27 to 30 June 2016 at the Chief Albert Luthuli International Convention Centre

1.11.2 That the partnership financial commitment in the amount of R2 063 450.00 (Two Million and Sixty Three Thousand Four Hundred and Fifty Rand), including VAT), to be contributed towards venue hire, be approved.

1.11.3 That, subject to the approval of .1 and .2 above, authority be granted for the City Manager to negotiate and conclude contract with LARASA on return on investment for the City from the 2016 LASARA World Leisure Congress.

1.11.4 That the Head: Business Support, Tourism and Markets keeps the Council informed of progress and outcome to ensure delivery on the City's terms and conditions.

Vote: 30010.10565; R2 063 450.00; FC: subject to approval of adjustment budget 2015/16ADOPTED.

1.12 REQUEST BY INDEPENDENT ELECTORAL COMMISSION FOR STORAGE SPACE AT WALTER MARRIOTT BUILDING, CLUB LANE, PINETOWN (17/2/2/5/2)

(Page L13)


1.12.1 That the Head: Real Estate be authorized to enter into a lease agreement by private treaty with the Independent Electoral Commission (IEC) for the temporary use of accommodation at the Walter Marriott building at 2 Club Lane, Pinetown, for the 2016 local government elections, subject to the following conditions and it being noted that the said lease will terminate on 30 September 2016:-

1.12.1.1 That the IEC will be responsible for the safety, security and insurance relating to any content pertinent to the intended use of the facility.

1.12.1.2 That due to the acute shortage of parking within the facility concerned, the IEC will be required to secure alternative parking for its personnel.

1.12.2 That the Head : Real Estate be authorized to sign all documentation on behalf of the Municipality in respect of such lease.ADOPTED.


2. SECOND REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2016-02-16

2.1 REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE MEETING HELD ON 2016-02-04

(Page R1)

2.1.1 Adoption of eThekwini Bring Your Own Device (BYOD) Policy (10/P):(Page 152 : Economic Development and Planning Committee - Agenda 2016-02-04)

The Committee noted that the purpose of the Policy was to:-

● Provide clear policy guidelines to eThekwini Municipality’s staff regarding the use of personally owned devices for work-related purposes. The Municipality grants staff the privilege of self-purchasing and using laptops, smartphones and tablets of their choice in their work environment for convenience and improved productivity.

● To protect the security and integrity of the eThekwini Municipality’s data/information, technology infrastructure and network.

● To specify the laptop, smartphone and tablet devices which are permitted to be connected to eThekwini Municipality’s Information and Communication Technology resources and its network.

It was further noted that the foregoing sought to mitigate the effects of complexity, whilst still providing access to information systems whenever staff members require such access, and it was accordingly


That the eThekwini Bring Your Own Device (BYOD) Policy as the eThekwini Municipality’s standard approach for the management of personally owned devices to achieve a level of standardisation for desktop computing without diminishing the quality of service, be approved.ADOPTED.

2.2 REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE MEETING HELD ON 2016-02-10

(Page R2)

2.2.1 Public-Private Funding Model for Umhlanga Ridge Town Centre Transport Infrastructure (26/3/2/3):(Page 30 : Human Settlements and Infrastructure Committee - Agenda 2016-02-10)


2.2.1.1 That developments (rezoning or special consent applications) that results in increased development rights exceeding the bulk of 633,000m² that have been approved in Umhlanga Ridge Town Centre be considered for approval pending an offer made by the applicants to contribute to road infrastructure requirements in the area.


2.2.1.2 That the applicant shall offer a contribution in the amount of R20 833.33 (Twenty Thousand Eight Hundred and Thirty Three Rand Thirty Three Cents only) per peak hour vehicle trip.

2.2.1.3 That the contribution value of R20 833.33 (Twenty Thousand Eight Hundred and Thirty Three Rand Thirty Three Cents only) remain accepted and valid if offered and paid to Council within three (3) years from date of approval.Recommendations AMENDED in 2.2.1.3 thereof by the addition of the words “of this resolution” at the end thereof to read as follows:-

“2.2.1.3 That the contribution value of R20 833.33 (Twenty Thousand Eight Hundred and Thirty Three Rand Thirty Three Cents only) remain accepted and valid if offered and paid to Council within three (3) years from date of approval of this resolution.”

and thereafter, ADOPTED.

2.2.2 Work in Excess of R500 000: Electricity Connection to 109 Inanda Road, Waterfall: Ward Number 9 (Drawing Number DL 3104942) (27/2/R):(Page 33 : Human Settlements and Infrastructure Committee - Agenda 2016-02-10)


That authority be granted to the Head: Electricity to incur expenditure estimated at R2 088 290.00 (Two Million Eighty Eight Thousand Two Hundred and Ninety Rand only) through the normal goods and services procurement process in order to provide a supply of electricity to the customer in Ward 9, 109 Inanda Road, Waterfall.

Account Code : 80161 : R2 088 290Provided in the 2015/2016 Capital EstimatesFC79/CA1606ADOPTED.

2.2.3 Work in Excess of R500 000: Electricity Connection to 10A Kirk Road, Pinetown: Ward Number 18 (Drawing Number DL 3103470) (27/2/R):(Page 34 : Human Settlements and Infrastructure Committee - Agenda 2016-02-10)


That authority be granted to the Head: Electricity to incur expenditure estimated at R1 858 440.00 (One Million Eight Hundred and Fifty Eight Thousand Four Hundred and Forty Rand only) through the normal goods and services procurement process in order to equip the distributor substation in Ward 18, 10A Kirk Road, Pinetown.

Account Code : 80161 : R1 858 440Provided in the 2015/2016 Capital EstimatesFC79/CA1605ADOPTED.


2.2.4 Deproclamation of Road Servitude and Right of Way Over Proposed Portions 8 & 9 both of Erf 379 Umhlanga Rocks (25/4/1):(Page 37 : Human Settlements and Infrastructure Committee - Agenda 2016-02-10)


2.2.4.1 That the Municipality declares in terms of Section 14 of the Municipal Finance Management Act 56 of 2003 that:-

2.2.4.1.1 The Proposed Portion described as Erf 379 Umhlanga Rocks is not required for providing the minimum level of basic Municipal services; and

2.2.4.1.2 The fair market value of the land is R655 000.00 (Six Hundred and Fifty Five Thousand Rand Only) and that the economic and community values have been considered.

2.2.4.2 That in terms of Section 211 of Ordinance 25 of 1974, the road areas depicted on Plan SJ 4643/3 be permanently closed subject to all costs in connection therewith being borne by Cast Arena Trade and Investments 121 (Pty) Ltd, whether the application for deproclamation is successful or not.

2.2.4.3 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 of Regulations, Road servitudes over Portions 8 and 9 both of Erf 379 uMhlanga Rocks, in extent approximately 1345 square metres depicted on Plan No. SJ 4643/3 revert to Cast Arena Trade and Investments 121 (Pty) Ltd (Registration number 2011004402107 upon payment of R655 000.00 (Six Hundred and Fifty Five Thousand Rand Only) exclusive of VAT, such compensation reflecting the current market value of the land as assessed by a registered Valuer.

2.2.4.4 That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in order to formally close road Servitude and Right of Way over Portions 8 and 9 both of Erf 379 uMhlanga Rocks and revert to Cast Arena Trade and Investments 121 (Pty) Ltd in terms of Section 36(1)(a)(v) of the Supply Chain Management Regulations.

2.2.4.5 That in the event of objections being lodged to the proposed revision of Portions 8 and 9 both of Erf 379 uMhlanga Rocks, 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”.

2.2.4.6 That in the event of objections being lodged to the proposed deproclamation of Portions 8 and 9 both of Erf 379 uMhlanga Rocks when it is statutorily advertised, the matter be referred to the MEC for Co-operative Governance and Traditional Affairs for consent.

2.2.4.7 That, should the deproclamation and reversion not be successful, the contract attached to the report by the Head: Real Estate dated 2015-10-05 shall ipso facto lapse and neither party shall have any claim whatsoever against the other on account thereof.

2.2.4.8 That subject to the adoption of 1. to 7. above and the approval of the Bid Adjudication Committee, the Head: Real Estate be authorized to sign all documentation to give effect to the transaction.ADOPTED.


2.2.5 Proposed Alienation of Residential Land to Adjoining Property Owners Along Shad Lane and Marine Avenue, Tongaat (17/2/1/2/3):(Page 42 : Human Settlements and Infrastructure Committee - Agenda 2016-02-10)


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

2.2.5.1.1 The land described as Portions [A] to [S] all of Erf 4794 Tongaat is not required for providing the minimum level of basic Municipal services; and

2.2.5.1.2 The fair market values of the land, the economic and community value to be received have been considered.

2.2.5.2 That the rezoning of Proposed Portions [A] to [S] all of Erf 4794 Tongaat from Administration purposes to Special Residential 350 purposes shall be undertaken by the purchasers prior to transfer, at their cost within two (02) years of council authority being granted.

2.2.5.3 That Proposed Portions [A] to [S] of Erf 4794 Tongaat be rezoned.

2.2.5.4 That should the rezoning not be successful, the contract attached to the undated report by the Head: Real Estate shall ipso facto lapse and neither party shall have any claim whatsoever against the other on account thereof.

2.2.5.5 That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, the properties described as Proposed Portions [A] to [S] of Erf 4794 Tongaat, in extent totaling to approximately 1320m² depicted on Plan No. SH9838, be sold in freehold by private treaty to adjoining property owners at the current market values as assessed by Professional Valuer/s as indicated in the table marked Annexure “C” of the report by the Head : Real Estate.

2.2.5.6 That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in order to formally sell proposed Portions [A] to [S] of Erf 4794 Tongaat to adjoining property owners in terms of Section 36(1)(a)(v) of the Supply Chain Management Regulations.

2.2.5.7 That in the event of objections being lodged to the proposed disposal of proposed Portions [A] to [S] of Erf 4794 Tongaat, 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”.

2.2.5.8 That in the event of the sale not being finalized within 6 (six) months of the date of Council authority being granted a report be submitted by the Head: Real Estate to the Bid Adjudication Committee to review the purchase price in line with the current market value of the properties where there has been a change in the market value.

2.2.5.9 That subject to the adoption of paragraphs 1 to 8 above and the approval of the Bid Adjudication Committee, the Head: Real Estate be authorized to sign all documentation to conclude sale transaction with the successful purchasers.ADOPTED.


2.2.6 Exchange of Property: Portion 62 of Erf 12524 Durban and Portion 113 of Erf 12524 Durban (17/2/1/2/2):(Page 50 : Human Settlements and Infrastructure Committee - Agenda 2016-02-10)


2.2.6.1 That the Municipality declares in terms of Section 14 (2) (a) of the Municipal Finance Management Act 56 of 2003 that a circulation for comments in respect of the disposal of Portion 62 of Erf 12524 Durban is in process and the disposal shall be subject to all requirements that arise from the circulation process.

2.2.6.2 That in terms of Section 40 (2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, the property described as Portion 62 of Erf 12524 Durban be transferred to The Durban Point Development Company (Pty) Ltd in exchange for Portion 113 of Erf 12524 Durban by way of donation.

2.2.6.3 That in the event of objections being lodged to the proposed disposal of Portions 62 of Erf 1254 Durban, 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”.

2.2.6.4 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 donate Portion 62 of Erf 12524 Durban to the Durban Point Development Company.

2.2.6.5 That authority be granted to the Head: Real Estate to accept the donation of Portion 113 of Erf 12524 Durban from the Durban Point Development Company (Pty) Ltd.

2.2.6.6 That the Head: Real Estate be authorised to conclude the requisite exchange agreement and all documents necessary to effect transfer to and from the Municipality.

2.2.6.7 That all costs incidental to passing transfer be borne by the respective parties who are receiving transfer of the aforementioned properties.ADOPTED.

2.2.7 Proposed Alienation and Consolidation of Land: Road Reserve Proposed Erf [A] and Erf 1410 Both of KwaMashu L to the SalimMunshi Family Trust (Nyala Road KwaMashu L) (17/2/1/2/3):(Page 55 : Human Settlements and Infrastructure Committee - Agenda 2016-02-10)


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

2.2.7.1.1 The properties described as proposed Erf [A] and Erf 1410 both of KwaMashu L Section are not needed to provide the minimum level of basic Municipal services; and


2.2.7.1.2 The current market value of the properties is currently assessed at a value of R930 000.00 (Nine Hundred and Thirty Thousand Rand only) exclusive of VAT.

2.2.7.1.3 Clearance has been received from the Human Settlements Department dated 21 October 2013 (Annexure D) stating that the property is not required for housing purposes (an updated Clearance has been requested.)

2.2.7.2 That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, the properties described as proposed Erf [A] and Erf 1410 both of KwaMashu L in extent approximately 389m² and 1929m² respectively, Registration Division FU in the Durban Entity, Province of KwaZulu-Natal as depicted SG Plans No. 1114/1997 and SJ 4686/6C be sold in Freehold by private treaty to the SalimMunshi Family Trust, Trust No IT5/2003 at a price of R930 000.00 (Nine Hundred and Thirty Thousand Rand only) exclusive of VAT, such purchase price reflecting the current market value of the land as assessed by a registered Valuer.

2.2.7.3 That an encroachment levy of 10% pa from date of occupation to date of transfer due to the existing development by the Trust over Erf 1410 KwaMashu L is to be paid by the SalimMunshi Family Trust.

2.2.7.4 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 Erf [A] and Erf 1410 both of KwaMashu L depicted on hand plan SJ 4686/6C to the SalimMunshi Family Trust, Trust No IT5/2003.

2.2.7.5 That in terms of Section 211 of ordinance 25 of 1974 the road areas depicted on Plan SJ 4686/6C are to be permanently closed subject to all costs in connection therewith being borne by SalimMunshi Family Trust, Trust No. IT5/2003 whether the application for deproclamation is successful or not, and in this regard a deposit of R12 000.00 (Twelve Thousand Rand only) is to be lodged with the City Treasurer to cover the estimated costs of survey and deproclamation.

2.2.7.6 That the rezoning of proposed Erf [A] of KwaMashu L from Existing Street purposes to Mixed Use purposes shall be undertaken by and at the cost of the Purchaser.

2.2.7.7 That in the event of objections being lodged to the proposed deproclamation of proposed Erf [A] when it is statutorily advertised, the matter be referred to the MEC, Co-Operative Governance and Traditional Affairs for consent.

2.2.7.8 That in the event of objections being lodged to the proposed sale of Portion Erf [A] and Erf 1410 both of KwaMashu L, 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”.

2.2.7.9 That in the event of the sale not being finalized within 6 (six) months of the date of Council authority being granted, a report be submitted by the Head: Real Estate to the Bid Adjudication Committee to review the purchase price in line with the current market value of the property where there has been a change in the market value.


2.2.7.10 That subject to the adoption of paragraphs 1-9 above and approval of the Bid Adjudication Committee, the Head: Real Estate be authorized to sign all documents necessary to conclude the agreement.Recommendations REFERRED BACK to Human Settlements and Infrastructure Committee for further consideration in view of new information which has come to light.

2.2.8 Acquisition for Regularisation of Road Encroachment: Erf 2747, Inanda A (17/2/1/1/2 & 21/7/7):(Page 68 : Human Settlements and Infrastructure Committee - Agenda 2016-02-10)


2.2.8.1 That in order to regularise the encroachment of Ngungumbane Road over Privately owned property viz. Erf 2747 Inanda A, the Head : Real Estate be authorised to deviate from the Supply Chain Management Regulations and acquire the affected property, as reflected on plan SJ 4685/10, utilizing Regulation 36 (1)(a)(ii) of the Supply Chain Management Regulations.

2.2.8.2 That subject to the adoption of .1 above, the Head: Real Estate be authorised to sign the relevant purchase and sale agreements and all documents necessary to effect transfer to the eThekwini Municipality.

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


R85 000 to be funded from the Real Estate Unit’s acquisitions Blocksum 2015/2016 Vote No.: 1.70600.11999ADOPTED.

2.2.9 Report Seeking Authority from Committee for the Conversion of the Starseaside Childrens Home & the Table Tennis Building into Social Housing Units (27/7/1/1/3):(Page 73 : Human Settlements and Infrastructure Committee - Agenda 2016-02-10)


That authority be granted to the Head: Human Settlements to utilise the following buildings for Social housing development:-

● Lot 31140, being 71 Playfair Road, North beach, Durban (Starseaside)● 2 Epsom Road, [Erf 3405 & 3406] all of Durban (Table Tennis Building).Recommendation WITHDRAWN on the basis of the recommendation submitted by the Finance and Procurement Committee relative hereto on page 30 of these decisions.


2.3 REPORT OF THE FINANCE AND PROCUREMENT COMMITTEE MEETING HELD ON 2016-02-11

(Page R7)

2.3.1 Review of Tariff: Revenue Clearance Certificate Fee: 2016/2017 (7/6/1/5):(Page 12 and attached hereto as Annexure A: Finance and Procurement Committee - Agenda 2016-02-11)


2.3.1.1 That the Council of eThekwini Municipality resolves in terms of Section 75(A) of the Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that, with effect from 2016-07-01, the tariffs set out in Annexure ‘A’ of the report of the Head: Revenue Management dated 2015-12-02 will be levied in respect of the Revenue Clearance Certificate.

2.3.1.2 That the City Manager be instructed without delay:-

(i) To display a copy of this resolution and the said Tariff of Charges conspicuously:-

(a) On the City Hall Notice Board, and

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

(ii) To seek to convey the information referred to in the said notice to the public through the relevant Radio Stations.

(iii) To send a copy of the notice to the KZN Member of the Executive Council (MEC) responsible for Co-operative Governance & Traditional Affairs.

(iv) To publish in the Ezasegagasini Metro a notice in the following format:

ETHEKWINI MUNICIPALITY

Notice is hereby given that:-

(a) A resolution of the kind contemplated in Section 75A(2) of the Local Government: Municipal Systems Act 2000 (Act 32 of 2000) was passed by the Municipal Council on………………………….

(b) A copy of the said resolution and annexed Tariff of Charges is available for inspection at:-

(i) City Hall, Dr. PixleyKaSeme Street, Durban

(ii) ……………………………etc.

(c) The effective date for the implementation of the said Tariff of Charges is 2016-07-01.

……………………………………….CITY MANAGERETHEKWINI MUNICIPALITY

Date: ………………………………….ADOPTED.


2.3.2 Quarterly Report on Withdrawals from Municipal Bank Account in Terms of the Municipal Finance Management Act (7/13/R):(Page 20 : Finance and Procurement Committee - Agenda 2016-02-11)


That in terms of Section 11 (4) of the Municipal Finance Management Act of 2003, the quarterly report on withdrawals from the Municipal Bank Account, as per the report of the City Manager dated 2016-01-14, be noted.NOTED.

2.3.3 Credit Rating : eThekwini Municipality (7/3/1/1/2):(Page 23 and attached hereto as Annexure B: Finance and Procurement Committee - Agenda 2016-02-11)


That the report on credit rating of the eThekwini Municipality for the period ending September 2016, submitted by the City Manager as per his report dated 2015-11-04, be noted.NOTED.

2.3.4 Report on Investments: December 2015 (7/11/4):( : Finance and Procurement Committee - Agenda 2016-02-11)


That the report on the investments of the eThekwini Municipality as at 2015-11-30, submitted by the City Manager as per his report dated 2015-12-07 and as per the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.NOTED.

2.3.5 Report on Investments: January 2016 (7/11/4):(Page 32 : Finance and Procurement Committee - Agenda 2016-02-11)


That the report on the investments of the eThekwini Municipality as at 2015-12-31, submitted by the City Manager as per his report dated 2016-01-07 and as per the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.NOTED.


2.3.6 Revision of Rental: South African Scout Association: 19 Laughton Avenue, Glenashely: (File Ref: Lease 738) (17/2/1/2/5):(Page 129 : Finance and Procurement Committee - Agenda 2016-02-11)


2.3.6.1 That the rental in respect of Portion of Erf 808 Glenashley and Lease 1 on Erf 808 Glenashley, Registration Division FU, Province of KwaZulu-Natal, held by the South African Scout Association be fixed at R9 800.00 (Nine Thousand Eight Hundred Rand Only) per annum and R100 (One Hundred Rand Only) per annum respectively exclusive of VAT for the first year escalating thereafter by 9% per annum for the ensuing four (4) years of the five year period commencing 2015-05-01 and expiring 2020-06-30.

2.3.6.2 That subject to the adoption of 1. above all costs of documenting the renewal of the lease and revision of the rental be borne by the Lessee.

2.3.6.3 That the Head: Real Estate be authorised to sign all documents relating to the revision of rental.ADOPTED.

2.3.7 Revision of Rental: Lease of Land for a Crematorium: Doves Group (Pty) Ltd: 100 Selbourne Road, Umbilo (File Ref : L573) (17/2/1/2/5): (Page 133 : Finance and Procurement Committee - Agenda 2016-02-11)


2.3.7.1 That the rental in respect of the lease of the land described as Lease Erf 12593 Durban held by Doves Group (Pty) Ltd, in extent 8028m², for the period 2015-10-31 to 2020-10-30, be a monthly amount of Thirteen Thousand and Seventy Eight Rand and Sixty Cents (R13 078.60) per month (exclusive of VAT), for the first year, escalating by 9% per annum for the ensuing four years.

2.3.7.2 That all costs of documenting this rental revision be borne by the Lessee.

2.3.7.3 That the Head: Real Estate be authorised to sign all documents relating to the revision of rental.ADOPTED, by the majority vote.

2.3.8 Revision of Rental: South African Scout Association: 3 Linden Road: (File Ref: Lease 155) (17/2/1/2/5)(Page 135 : Finance and Procurement Committee - Agenda 2016-02-11)


2.3.8.1 That the rental in respect of Erf 3059 Durban, Registration Division FU in the Durban Entity, Province of KwaZulu-Natal, held by the South African Scout Association be R10 300 (Ten Thousand Three Hundred Rand Only) per annum exclusive of VAT for the first year escalating thereafter by 9% per annum for the ensuing 4 years of the five year period commencing 2015-01-18 and expiring on 2020-01-17.


2.3.8.2 That subject to the adoption of 1. above all costs of documenting this rental revision be borne by the Lessee.

2.3.8.3 That the Head: Real Estate be authorised to sign all documents relating to the revision of rental.ADOPTED.

2.3.9 Land Acquisition and Sale for the Realignment of the Entrance to the Umhlanga Promenade at Mccausland Crescent, Umhlanga (17/2/1/1/2 & 17/2/1/2/3):(Page 822 : Finance and Procurement Committee - Agenda 2016-02-11)


2.3.9.1 That the eThekwini Municipality declares in terms of Section 14 of the Municipal Finance Management Act (MFMA) Act 56 of 2003:

2.3.9.1.1 That in terms of the Spatial Development and Planning Act the respective road and right of way areas as depicted on Hand Plan No. SJ4479/13B, be deproclaimed and permanently closed subject to all costs in connection therewith being borne by Southern Sun Hotel Interests (Pty) Ltd whether the application for deproclamation is successful or not.

2.3.9.1.2 That in terms of Section 40(2)(b) (i) of the Supply Chain Management Policy read in conjunction with Regulation 7 of the Municipal Assets Transfer Regulations, the Head: Real Estate be authorised to sell Portion 1 of Erf 260 Umhlanga Rocks as shown on Hand Plan No. SJ4479/13B at an amount of R7 217 700.00 (Seven Million, Two Hundred and Seventeen Thousand and Seven Hundred Rand Only) excluding VAT which is the current market value of the site as determined by a Registered Valuer.

2.3.9.2 The said property is not required for providing the minimum level of basic Municipal services.

2.3.9.3 It must be recorded that any services within Portion 1 of Erf 260 Umhlanga Rocks will be relocated at Southern Sun Hotel Interests (Pty) Ltd expense at the time of the development of their property.

2.3.9.3 Any rezoning in accordance with .2 above shall be undertaken by Southern Sun Hotel Interests (Pty) Ltd at its expense.

2.3.9.4 That in the event of objections being lodged to the proposed sale of Portion 1 of Erf 260 Umhlanga Rocks 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”.

2.3.9.5 That in the event of objections being lodged to the proposed deproclamation of Portion 1 of Erf 260 Umhlanga Rocks when it statutorily advertised, the matter be adjudicated by the Internal Appeals Body in accordance with the Spatial Planning and Land Use Management Act (SPLUMA) of 2013.

2.3.9.6 That should deproclamation not be successful the contract shall ipso facto lapse and neither party shall have any claim whatsoever against the other on account thereof.


2.3.9.7 That in the event of the sale not being finalised within six (6) months from the date of Council authority being granted, a report be submitted by the Head: Real Estate to the Bid Adjudication Committee to review the purchase price in line with the current market value of the property where there has been a change in the market value.

2.3.9.8 That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in order to formally dispose of Portion 1 of Erf 260 Umhlanga Rocks in terms of Section 36 (1)(a)(v) of the Supply Chain Management Regulations.

2.3.9.9 That the Head: Real Estate be authorised to sign all documents necessary to conclude the alienation transaction.

2.3.9.10 That the Head: Real Estate be authorised to deviate from the Supply Chain Management Regulations and negotiate for the acquisition of the requirements at a market value as indicated on the table below, utilising Regulation 36 (1)(a)(ii) of the Supply Chain Management Regulations.

PROPERTY OWNER: PEARLS OF UMHLANGA PTY LTD

Property Description

Proposed Transaction Plan Number

Approx. Extent

Market Value (Excl. VAT)

Rem of Erf 3132 Umhlanga Rocks

Acquisition of a Right of Way, Sewer and Drain and Electric Cable Servitude

SJ4479/12A

1272m2 Acquisition by Donation. No market value attributed due to nominal impact.

Rem of Erf 3132 Umhlanga Rocks

Acquisition of a 5 metre wide Stormwater Servitude

SJ4479/12A

710m2

PROPERTY OWNER: SOUTHERN SUN HOTEL INTERESTS (PTY) LTD

Property Description

Proposed Transaction Plan Number

Approx. Extent

Market Value (Excl. VAT)

Portion [A] (of 1) of Erf 3132 Umhlanga Rocks

Acquisition of land from Southern Sun Hotel Interests (Pty) Ltd

SJ4479/15 1311m2

R7 232 400.00Rem of Portion 1 of Erf 3132 Umhlanga Rocks

Acquisition of a Sewerage Pipeline Servitude

SJ4479/15 144m2

Rem of Portion 1 of Erf 3132 Umhlanga Rocks

Acquisition of a Right of Way Servitude

SJ4479/15 146m2

2.3.9.11 That subject to the adoption of .6 above, and approval of the Bid Adjudication Committee pursuant to successful negotiations, the Head: Real Estate be authorised to sign the relevant agreements and all documents necessary to effect transfer of the required land and servitude rights to the eThekwini Municipality.

2.3.9.12 That the City Manager records the reasons for any deviations and report it to the next meeting of Council and includes it as a note to the Annual Financial Statements in terms of Section 36(2) of the Supply Chain Management Regulations.


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

Project No.: S1025 R7 232 400.00 (R7 033 900.00 to be met via Adjustment Budget 2015/16 on Vote No.: S1062)ADOPTED.

2.3.10 Irregular Expenditure : 2014-15 Financial Period & 2015-16 Interim Financial Period (9/1/3):(Page L14 and attached hereto as Annexure C : Finance and Procurement Committee - Agenda 2016-02-11)

With Councillors RJ Crouch, AR Mitchell, A Beetge, RD Macpherson, S Hoosen, J Singh and D Ganesh of the Democratic Alliance and J Naidoo of the Inkatha Freedom Party dissenting, it was

The matter was discussed at the Executive Committee meeting on 2016-02-16 and with Executive Committee Members Mncwango and de Boer dissenting on the basis that they would not condone irregular expenditure,


2.3.10.1 That the condonement of Irregular Expenditure by Council amounting R113.2 million (R35 269 669, R69 917 987 and R8 004 08 as per Annexures A, B & C of the report by the City Manager dated 2016-02-04, be supported.

2.3.10.2 That it be noted that goods and services have been received and value for money has been certified by the respective Heads of Departments

2.3.10.3 That it be noted that the regularization of expenditure referred to above relates only to the contravention of Supply Chain Management Policy issues and that depending on the outcome of further investigations by the Speaker, the City Manager, City Integrity &Investigations Unit, Line Departments, Municipal Public Accounts Committee, further action may arise, including disciplinary action, recovery of monies, and criminal charges being instituted where applicable.

2.3.10.4 That subject to the approval of Council, a report be submitted to COGTA, National Treasury and the Office of the Auditor General in terms of Section 32 and Section 170 of the Municipal Finance Management Act No. 56 of 2003ADOPTED, by the majority vote.

2.3.11 The Conversion of the Star Seaside Childrens’ Home and the Table Tennis Building into Social Housing Units (22/7/1/1/3)(Page 818 : Finance and Procurement Committee - Agenda 2016-02-11)(Laid on table)


That in noting that the issue relative to the Conversion of the Star Seaside Childrens’ Home and the Table Tennis Building into Social Housing Units is contained in the Human and Settlements and Infrastructure Committee Report in respect of that Committee’s meeting held on 2016-02-10, consideration of the recommendations


thereon be deferred to enable a joint meeting between the Economic Development and Planning Committee, Human Settlements and Infrastructure Committee and the Finance and Procurement Committee to be convened in the first instance to consider the recommendations further.ADOPTED.

2.4 MONTHLY REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF JANUARY 2016 (9/1/3)

(Page 32)


2.4.1 That the monthly report of the City Manager dated 2016-02-02, relative to awards made by the City for the month of January 2016, as presented, be noted.

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

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

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

2.5 REQUIRED AMENDMENTS TO PART C AND PART D OF THE ETHEKWINI TERMS OF REFERENCE AND DELEGATIONS DOCUMENT (3/2/1)

(Page 50)


2.5.1 That the following amendments to part C: Systems of Delegations and Part D: System of Administrative Delegations of the eThekwini Municipality’s Terms of Reference document (“the main document”) be adopted:-

2.5.1.1 Ratify all decisions and all necessary actions taken by the Head : Legal and Compliance and/or all officials acting in terms of delegated authority, in instituting any legal proceeding, whether such proceeding is pending or current, against any person, body of person or other legal persona;

2.5.1.2 Ratify all decisions and all necessary actions taken by the authorized officials of the Municipality, including the issuing of any notice, in the implementation and enforcement of any of the provisions contained in the National Building Regulations and Standards Act;


2.5.1.3 Approve the insertion of the amended delegation contained in Annexure “A” hereto in respect of Item 10 of Part C and Item 78 of Part D of the Delegations document;

2.5.1.4 Approve the substitution of Page 169 with a new Page 169 contained in Annexure “B” hereto titled “Keeping of Records”;

2.5.1.5 Approve the substitution of Page 171 with a new Page 171 contained in Annexure “B1” hereto titled “Part D: Administrative Delegations;

2.5.1.6 Approve the deletion of Page 170 of the Delegations document entitled “Delegations Register”; and

2.5.1.7 Approve the Delegations contained in Annexure “C” in respect of the National Building Regulations and Standards Act and Annexure “D” in respect of various approved eThekwini Municipality By-laws, and the insertion of the Delegations into the respective Part C and Part D of the Delegations document.ADOPTED.

2.6 AUTHORITY TO USE SECTION 116(3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT (MFMA) TO EXTEND CONTRACT SW2011/038: APPOINTMENT OF COMMUNITY BASED CONTRACTS AND CO-OPERATIVES APPOINTED VIA POVERTY AND ALLEVIATION PROGRAMME (9/1/3 & 24/2/6)

(Page L15)

In noting that the approval by the Executive Committee on 2016-02-09, for the appointment of two hundred and six (206) community based contracts and the appointment of co-operatives had erroneously excluded R3 278 980 estimated provision for co-operatives,


2.6.1 That, in terms of Section 116(3) of the Municipal Finance Management Act, authority be granted to extend Contract SW2011/038 of 206 (Two Hundred and Six) community-based contracts and appointment of co-operatives by additional duration of nine (09) months from 2016-04-01 to 2016-12-31 or month-to-month until new appointments are finalized and the additional funds of R31 975 424.00 (Thirty One Million, Nine Hundred and Seventy Five Thousand, Four Hundred and Twenty Four Rand) due to the following reasons:

2.6.1.1 The contract increase is currently subjected to the restriction of 15% above the original contract value and in terms of the Supply Chain Management Regulations this process requires implementation of Section 116(3) of the Municipal Finance Management Act.

2.6.1.2 The Cleansing and Solid Waste Unit advertised the replacement tender on the 2015-11-13 via WS.6778. However the tender was withdrawn on 2015-11-19 due to new contract specification which requires a lengthy consultation process with Councillors and the general public and the new approach is aimed at eliminating unnecessary conflicts within the project areas, with different communities.


2.6.2 That subject to the adoption of .1 and .2 above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendments to Contract SW2011/038 in line with the requirements of Section 116 (3) of the Municipal Finance Management Act (MFMA).

Cost Centre : Various 04883 FC No.: 66/14Amount R31 975 424.00 Provided 2015/2016 and 2016/2017ADOPTED.

2.7 REQUEST FOR ETHEKWINI MUNICIPALITY TO PARTNER WITH THE OFFICE OF THE PREMIER IN HOSTING THE CREATIVE INDUSTRY SUMMIT ON 26-27 FEBRUARY 2016 AT COASTLANDS HOTEL AND CONVENTION CENTRE, UMHLANGA (12/6/R)


2.7.1 That the initiative by the Office of the Premier, in partnership with eThekwini Municipality to host the Creative Industry Summit to be held at the Coastlands Hotel and Convention Centre, Umhlanga on 26-27 February 2016, be approved.

2.7.2 That subject to the approval of .1 above, an amount of R415 000,00 (Four Hundred and Fifteen Thousand), to cover the costs of Venue Hire and Promotional Material be allocated towards hosting the Creative Industry Summit.

Vote: 32111.04630 FC. 08/34ADOPTED.

3. THIIRD REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2016-02-23

3.1 PRESENTATION BY NATIONAL TREASURY : ECONOMIC AND FISCAL CHALLENGES(This item was discussed at the Executive Committee on 2016-02-09 and it is worth noting by full Council)

In the presentation on Economic and Fiscal Challenges by National Treasury it was highlighted that the South African economic performance was inadequate, considering that the economy had not recovered as well as the rest of the world. It was however pointed out that Metros were the engines of the South African economy and had been growing faster than the National economy. Considering that slower economic growth could result in a weaker tax revenue growth the challenge to increase tax that could eventually become unaffordable was mentioned. Municipalities were cautioned not to expect an increase in grants as growth projection had been reduced, hence much attention should be given to financial ratios.

eThekwini Municipality was applauded for its clean audit, especially in areas of maintaining a good cash ratio, decrease in total borrowings at the end of the financial year, capital and operating budget spend and decrease in fruitless and irregular expenditure. Given the serious drought, the issue of water losses was emphasized with the City being advised to take drastic measures to curb wastages and leakages. Also the sustainability of the Integrated Rapid Transport Network, (IRPTN) was considered questionable.


The presentation was accepted with much appreciation by members of the Executive Committee with various comments submitted, namely; that the issue of water loss was currently being addressed and could be fast tracked by an increase in grant, encourage businesses to invest in the City, curb spending on events and focus on job creation. The effort of His Worship the Mayor, the City Manager and Deputy City Manager : Finance in attaining a clean audit was commended. An area of concern was what was perceived to be insufficient subsidy allocated to the KwaZulu-Natal Province. Taking into account its terrain mention was made that the subsidy currently received by eThekwini was much lower than other Metros. The highlighting of potential risks to eThekwini was also welcomed with the issue of unemployment and fruitful engagement with National Treasury prior to finalization of the budget, being acknowledged. Another important aspect was fast tracking catalytic projects and attaching timeframes to the implementation of service delivery.

In conclusion eThekwini was advised that in spite of its finances being in capable hands, there should be no complacency, especially with regard to borrowing considering that there was room for more economically active investments. One of the challenges highlighted was the consistent underperformance of grants, with it being pointed out that increase in National Treasury grants in the system would result in much probing by National Treasury on the decision making processes. It was advised that great risk was associated with additional grants and that self sustainability was more important than having controls implemented in association with grants.

The management of the built-environment was pointed out to be the prime issue of performance, hence the emphasis that catalytic programmes that His Worship the Mayor had discussed with the Minister in 2015, needed to be fast tracked. EThekwini was advised to prioritise investment along transport corridors thereby optimizing the functionality of public transport. In view of the rigged fiscal environment it was incumbent on each Metro to ensure that more investments were channeled towards public transport corridors taking cognizance of its huge impact on the economy and the need to prove that spatial transformation was ongoing.

Given the presentation and discussion,


3.1.1 That Council notes:-

3.1.1.1 That eThekwini Municipality is rated high by National Treasury on its financial management practices and considered to be the biggest driver of economic growth within the KwaZulu-Natal Province.

3.1.1.2 That due cognizance be given to the following four critical areas as raised by National Treasury:-

a. Fiscal consolidation. b. Instill confidence in the economy.c. Manage the debt and stabilize or reduce it. d. Implement efficiency on how to utilize public resources.

3.1.2 That the City Manager intends engaging National Treasury prior to finalising the budget process with a view to taking calculated decisions in an endeavour to focus on key priority areas, namely; job creation, debt monitoring, grants monitoring and proper planning and timeframes on the implementation of catalytic projects.NOTED.


3.2 ETHEKWINI MUNICIPALITY ADJUSTMENTS BUDGET : 2015/2016 (7/1/3/2)

(Letter dated 2016-01-19 Circulated separately)

The Executive Committee noted that the Adjustments Budget 2015/16 has been interrogated at the Support Committee level. The Democratic Alliance indicated that input was still to be obtained from its Caucus. It was then agreed to approve the adjustment budget subject to input from Caucuses.

Accordingly,


3.2.1 That in accordance with the provisions of Section 28 of the Municipal Finance Management Act and in compliance with the Municipal Budget and Reporting Regulations, the adjustments to the 2015/2016 Budget as reflected in Annexure ‘A’ of the report of the City Manager dated 2016-02-03, be approved, together with the budget tables, it being recorded that further input, if any, will be presented for Council to thereafter give final adoption.

3.2.2 That the Adjustment Budgets of the Municipal Entities as approved by the respective Board of Directors and reflected in Annexure ‘B’ of the report of the City Manager dated 2016-02-03, be noted in compliance with Section 87 of the Municipal Finance Management Act. Recommendations AMENDED by the addition of the following paragraph 3.2.3”

“3.2.3 That departments be requested to submit reports on all projects that were on the original budget but could not be implemented due to unforeseen circumstances and that such projects be prioritized in the Medium Term Expenditure Framework Budget.”

to read as follows:-

“3.2.1 That in accordance with the provisions of Section 28 of the Municipal Finance Management Act and in compliance with the Municipal Budget and Reporting Regulations, the adjustments to the 2015/2016 Budget as reflected in Annexure ‘A’ of the report of the City Manager dated 2016-02-03, be approved, together with the budget tables, it being recorded that further input, if any, will be presented for Council to thereafter give final adoption.

3.2.2 That the Adjustment Budgets of the Municipal Entities as approved by the respective Board of Directors and reflected in Annexure ‘B’ of the report of the City Manager dated 2016-02-03, be noted in compliance with Section 87 of the Municipal Finance Management Act.

3.2.3 That departments be requested to submit reports on all projects that were on the original budget but could not be implemented due to unforeseen circumstances and that such projects be prioritized in the Medium Term Expenditure Framework Budget.”

and thereafter, by the majority vote, ADOPTED.


3.3 DISPLAY OF ELECTION/REGISTRATION POSTERS (21/13/1/2/1)

(Page 21)

The meeting was informed that the Municipality reserves the right to relax certain By-laws to accommodate the erection of election posters by different Political Parties. It was agreed that stakeholders should be notified of this relaxation to avoid the removal of election posters in certain areas.


3.3.1 That Council approves the waiving of restrictive By-laws with specific reference to the following:

3.3.1.1 That the current prescribed tariffs be waived, instead, applications be accompanied by a deposit of R200.00 (Two Hundred Rand) for every Ward where posters will be placed.

3.3.1.2 That the number of posters be restricted to 800 per Party per Ward.

3.3.1.3 That election/registration posters be permitted only on Council electricity light poles and not on directional signs and traffic lights, it being recorded that this is also applicable to the City Centre.

3.3.1.4 That Ruth First (M4 North Bound); Inkosi Albert Luthuli Freeway (Southern); Higginson Highway; and Beach Front be open to outdoor advertising only 3 weeks before elections and only flying banners are permitted.

3.3.1.5 That the use of wall murals for election purposes be permitted.

3.1.6 That only standard size A1 posters be permitted.

3.3.1.7 That all applications will still need to be done via an application to General Adverting Branch of Development Planning, Environment and Management Unit to ensure compliance with other aspects of the By-law.

3.3.1.8 That the approval of this recommendation is limited to 2016 Local Government elections only and will commence from date of resolution except where stated.

3.3.1.9 That after election period, failure to remove posters will result in the Municipality removing posters and recovering any costs incurred from the Party concerned at the current applicable removal rate per poster.

3.3.2 That the routes and areas under items 3.1.3 and 3.1.4 above are part of what is called Area of Control in terms of the Signage and Outdoor Adverting By-laws and the reasons for waiving of restrictive By-laws are indicated in the table below:-

Area of Control Type of an Area of Control

Period of Waving Restrictive By-law

Reason for Waving Restrictive By-law

Ruth First (M4 North Bound)

Area of maximum control

3 weeks Advertising will take place during election period and that third advertising is not envisaged. The message will be constant and not likely to contribute in causing any accident and only flying banners should be permitted.


Area of Control Type of an Area of Control

Period of Waving Restrictive By-law

Reason for Waving Restrictive By-law

Inkosi Albert Luthuli Freeway (Southern)



Higginson Highway



Beaches Area of maximum control under Natural Landscape

3 weeks The area is used mainly by pedestrians and who may be targeted population for elections. Only flying banners will be permitted in this precinct and the erection of posters will be strictly prohibited.

3.3.3 That Council notes that the recommendations to waive By-laws have been made taking into account the following conditions:-

3.3.3.1 The number of posters being restricted to 800 per Party per Ward.

3.3.3.2 Not more than 2 (two) posters (back to back) per Party per pole.

3.3.3.3 No posters shall be erected at a height less than 2.5 metre from the underside of the poster to the ground and no poster shall be erected on traffic signs including robots, directional signs and warning signs.

3.3.3.4 No posters shall be erected on the Western Freeway, N3, N2, Higginson Highway, M7, M13, Northern Freeway, Southern Freeway, around the City Hall, the ICC and the Beach Front. (upper and lower Marine Parade/Snell Parade).

3.3.3.5 No posters shall be displayed/pasted on bridges, walls, trees etc.

3.3.3.6 All posters shall be confined to electricity lamp poles.

3.3.3.7 All registration posters shall be removed within 14 (fourteen) days after the close of the Voters Roll.

3.3.3.8 All Parties undertake to remove all posters and backing within 30 (thirty) days of Government elections.

3.3.3.9 In the event of any breach by a Party, the Municipality (via the Development Planning Unit) shall contact the Party concerned and removal of posters shall be effected within 2 (two) days of such contact (telephone or written).

3.3.3.10 Failure to comply shall result in the Municipality removing posters and recovering any costs incurred from the Party concerned at the rate of R50,00 (Fifty Rand) per poster.ADOPTED.


3.4 ETHEKWINI MUNICIPALITY BACK-TO-BASICS REPORT FOR THE MONTH ENDED 31 JANUARY 2016 (2/3/2/1/2)

(Page 25)

The Back-to-Basics report was regarded as an effective performance monitoring tool for the Municipality to make interventions where required. The City Manager was requested to prioritise strengthening the Ward Committee function for the City to utilise this structure to address service delivery issues, amongst other things. Strengthening capacity within the office of the Speaker was regarded a key priority to achieve Ward Committee effectiveness. Determining clear reporting lines was also considered important for accountability purposes. Ward Councillors were encouraged to support the Ward Committee function in their respective Wards.

The other elements of the Back-to-Basics report were discussed and it was requested that interventions be made where necessary to ensure the Municipality achieve its performance targets.


That the Back-to-Basics report outlining progress by the eThekwini Municipality in achieving its performance indicators during the month ended 31 January 2016, compiled as per the requirement in terms of Circular No. 47 of 2014 from the Department of Co-operative Governance and Traditional Affairs, with a view to analysing the state of local governance and make informed assessment to support and intervene where required, be noted.NOTED.

3.5 APPLICATION IN TERMS OF CHAPTER 2 OF THE KWAZULU-NATAL PLANNING AND DEVELOPMENT ACT NO. 6 OF 2008, READ IN CONJUNCTION WITH SECTION 42(3) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT NO. 16 OF 2013 FOR THE REZONING OF PROPOSED PORTION 52 (OF 24) OF ERF 12 ZEEKOE VALLEI AND PORTION 60 OF ERF 12 ZEEKOE VALLEI FROM GENERAL INDUSTRIAL TO EXISTING STREET, THE AMENDMENT OF THE DURBAN SCHEME TO INCLUDE SPECIAL ZONE: CHINA CITY AND SUCCESSIVELY THE REZONING OF PORTION 58 OF ERF 12 ZEEKOE VALLEI FROM GENERAL INDUSTRIAL TO SPECIAL ZONE: CHINA CITY SITUATED AT 239 AND 269 INANDA ROAD (21/7/3)

(Page 30)

The report on the completion of the rezoning as stipulated above was received with appreciation. Management noted the views contributed that consideration should be given to speeding up the process of approving rezoning applications to promote investor confidence. Confirmation was given by Management that the programme relating to Doing Business in South Africa is being implemented effectively as part of promoting investments within the City. Whilst committing to improving processes, clarity was given that the delays in finalising the rezoning in question was partly due to the delays on the side of the applicant to finalize transactional processes for the purchase of land as well as land regularisation processes.



3.5.1 That the application in terms of Section 13(1)(a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 42(3) of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013), to amend the Durban Scheme by the inclusion of a new Special Zone: China City, be approved for the following reasons:

3.5.1.1 Notwithstanding the fact that Spatial Development Framework (SDF) designated land use of this site is industrial, it is the considered opinion of the Department that the character of the area has altered to such an extent that the preferred designated SDF land use would better serve the area if it was of a mixed use nature.

3.5.1.2 The amendment of the Durban Scheme to allow for proposed Special Zone: China City will allow for a unique Zone which brings a commercial/retail aspect to an industrial hub in the City. The trend being developed and aspired for the good of the people who work and live in the area and surrounds. The introduction of this Special Zone offers a unique variation of land uses which introduced into the industrial hub and promote job opportunities.

3.5.1.3 The proposed special zone will allow for efficient land use in the Peter Road area as it will yield a higher threshold for social facilities in the area.

3.5.1.4 The proposed development upholds consistency of land use in the area in that it is introducing a legal commercial and retail component to the existing infrastructure on the site.

3.5.1.5 The development in its unique character is unlikely to cause negative precedence in the area. The site allows for the 25 meter height restriction which is the exact same height restriction of the surrounding zones with minimal impact on surrounding sites.

3.5.1.6 The amenity of this very busy area will not be compromised by the proposed and existing commercial land use.

3.5.1.7 The Special Zone has taken into account Spatial Efficiency intended at ensuring the optimal use of existing resources and infrastructure, these being key development principles

3.5.1.8 The comments given by the line Departments which include; Drainage and Coastal, Metro Waste Water and Electricity have illustrated that the infrastructure provision on the site is able to cope with the proposed densities on the site. The relevant road upgrades required for the proposed development has been approved in terms of the Council’s resolution dated 03 December 2015.

3.5.1.9 The proposed zone is unlikely to have any significant negative impact on the surrounding area.

3.5.1.10 The application site has no environmental significance and does not fall within the Municipality’s DMOSS area and neither does the site present any unique or natural features to trigger any environmental assessment in terms of the National Environmental Management Act ( NEMA) Regulations.NOTED.


3.6 DURBAN TRANSPORT FARE INCREASE (7/6/1/7)

(Page 68)

A need to increase Durban Transport Fare was presented, which increase was in line with the contractual obligations by the parties and has also been informed by an independent assessment. The attention was drawn to the fact that the bus fare increment has not been effected the previous year.

Views were submitted on the proposed increase it being acknowledged that the bus fare increase is required but others considering the reduction of an increase from 9% to at least 5% to provide relief to commuters. This view was based on the argument that the City has already made savings on capital costs. Other views, supported by legal and financial perspectives, took into consideration that the fare increase was a requirement in terms of the existing contract and that non-compliance will be regarded as defaulting on the contractual obligations by the parties. With the bus fare having not been increased the previous year mention was made that the City was facing financial claims from the Bus Operator for the deficit incurred as a result. Meanwhile, Management was requested to speed up the process of establishing the Municipal Entity to operate Durban Transport within the terms and conditions of the Municipality.

Whilst the need to increase the bus fare was acknowledged, the implementation date of 01 March 2016 was considered unreasonable taking into account that commuters need to be notified in advance. It was then agreed that the implementation date be changed to 01 April 2016.

With the Democratic Alliance dissenting on the basis that this matter requires critical analysis with further information being furnished to weigh financial options and make an informed decision,


3.6.1 That, in line with Clause 25.2 of the Durban Transport Contract stipulating that fares must be increased annually, the fare increase of 9 percent as recommended by Transport Economic Support Services after undertaking an independent assessment of the actual cost increase in fuel; labour; and other operating costs, be approved, for implementation with effect from 01 April 2016 to keep up with inflation and operating costs and to allow the current levels of service to be maintained.

3.6.2 That the normal process of obtaining prior approval on fare increase from the Economic Development and Planning Committee be waived due to the urgency of the situation.Recommendations AMENDED at the end of 3.6.1 thereof, by the deletion of the word “maintained” and by the substitution therefor of the words “improved and the process of implementation of the Municipal Entity within the timeframe of 2016-07-01, be fast tracked” to read as follows:

“3.6.1 That, in line with Clause 25.2 of the Durban Transport Contract stipulating that fares must be increased annually, the fare increase of 9 percent as recommended by Transport Economic Support Services after undertaking an independent assessment of the actual cost increase


in fuel; labour; and other operating costs, be approved, for implementation with effect from 01 April 2016 to keep up with inflation and operating costs and to allow the current levels of service to beimproved and the process of implementation of the Municipal Entity within the timeframe of 2016-07-01, be fast tracked”

and thereafter, by the majority vote ADOPTED.

3.7 REQUEST FOR AUTHORITY FOR EVENT LEVERAGING, DESTINATION PROMOTION AND PARTNERSHIP AT THE VOCACOM DURBAN JULY (20/1/4/3)

(Page 80)


3.7.1 That Council approves the City’s participation funding with the Vodacom Durban July regarding the hosting of the event on 02 July 2016 to offer the City maximum leveraging benefits in the form of (a) destination promotion leveraging through event partnership with Gold Circle; (b) Durban Tourism brand and destination activation at the Vodacom July through a partnership with the Royal Golf Club House for the exclusive location of staging the activation; and (c) Durban July Local fashion talent development through the partnership with Gold Circle, a component of the Durban Fashion Development Programme.

3.7.2 That Council approves a 3-year event partnership financial commitment stipulated below:-

EVENT NAME PERIODOF

OCCURRENCE

RECOMMENDED SUPPORT AMOUNT

2015/2016Previous Funding

2016/2017 2017/2018 2018/2019

Vodacom Durban July July R350 000.00 R350 000.00 R371 000.00 R393 260.00

Durban July – Destination and Brand Activation

July R2 500 000.00 R2 500 000.00 R2 650 000.00 R2 809 000.00

Durban July – Fashion Show Local Talent development

July R500 000.00 R500 000.00 R530 000.00 R561 800.00

Total Amount Excluding VAT

R3 350 000.00 R3 350 000.00 R3 551 000.00 R3 764 060.00

VAT R469 000.00 R469 000.00 R497 140.00 R526 968.40

Total Including VAT R3 819 000.00 R3 819 000.00 R4 048 140.00 R4 291 028.40

3.7.3 That the Head: Business Support, Tourism and Markets be authorised to negotiate and conclude contracts with the event owners and also facilitate and monitor the execution of these events.

3.7.4 That subject to the approval of .1 .2 and .3 above, the Head: Business Support, Tourism and Markets keeps the Council informed of progress and the ultimate outcome as a result of participation in the Vodacom Durban July.


Budget Vote: R3 350 000.00 (Excluding VAT) To be provided in 2016/2017R3 551 000.00 (Excluding VAT) To be provided in 2017/2018R3 764 060.00 (Excluding VAT) To be provided in 2018/2019


3.8 TO APPRAISE COUNCIL OF THE PLANNING APPEALS AUTHORITY IN COMPLIANCE WITH SECTION 51 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (21/12/1/1)

(Page 92)

The Spatial Planning and Land Use Management Act (SPLUMA) makes provision for the Executive Committee to be constituted as the Planning Appeals Authority and can sub-delegate such responsibility. Alternatively, the Executive Committee can appoint an external Appeals Authority. Given the options, it was agreed that the Executive Committee will become the Planning Appeals Authority and delegate this responsibility to the Town Planning Committee.

Accordingly,


That, in line with the requirements of Section 51 of the Spatial Planning and Land Use Management Act 16 of 23, the Executive Committee be constituted to hear all planning appeals; retains the appeals coming from the Municipal Planning Tribunal; and sub-delegate the appeals from the internal processes to the Town Planning Committee, it being recorded that this process is more efficient in terms of achieving good turnaround time to address and finalize appeal matters.ADOPTED, by the majority vote.

3.9 SPATIAL DEVELOPMENT FRAMEWORK (SDF) REVIEW 2016/2017 (21/5/1)

(Page 126)

The review process of the Spatial Development Framework (SDF) 2016/17 was submitted for noting, it being recorded that the SDF will be officially approved by Council in May 2016. It was recommended that the SDF be noted and referred to Support Committees for detailed discussion under the guidance of the relevant officials. It was also agreed that a workshop will be held to take the Executive Committee through salient features of the SDF to obtain better understanding of the implications associated therewith prior to the SDF adoption in May 2016.

On this basis,


3.9.1 That Council notes the Spatial Development Framework (SDF) Review 2016/2017, as contained in the Executive Committee Agenda dated 2016-02-23 and that the review process has focused on (i) addressing comments made by the MEC for


Co-operative Governance and Traditional Affairs on final SDF 2014/15 and 2015/16; (ii) addressing SPLUMA (Act No. 16 of 2013) compliance; (iii) cross boarder engagements and mapping to align spatial planning within the sub-region; (iv) updating information to align with Council adopted spatial plans and strategies; (v) sector meetings to align with Municipal and Provincial sector plans; (vi) alignment with other policy initiatives at a National, Provincial and Municipal level; (vii) standardisation of Geographic Information System (GIS) mapping in the SDF and full package of plans; (viii) revisions based on the Demarcation Board’s re-demarcation decisions which will take effect in 2016; and acknowledging the limitations of the SDF and identifying mechanisms to address these.

3.9.2 That Council notes that comments to be received during the public consultation process and the budget hearings will be considered and the amended final draft Spatial Development Framework 2016/2017 will be prepared and tabled for adoption by Council in May 2016 for subsequent submission to the MEC for COGTA as per the statutory requirement.

3.9.3 That the Spatial Development Framework Review 2016/17 be referred to Support Committees for consideration under the guidance of the relevant officials to understand all implications associated therewith prior to approving the SDF in May 2016.ADOPTED.

3.10 TRANSFER OF DISCRETIONARY GRANT FUNDING FROM CONSTRUCTION EDUCATION AND TRAINING AUTHORITY TO ETHEKWINI MUNICIPALITY FOR THE IMPLEMENTATION OF THE CONSTRUCTION LEARNERSHIP PROGRAMME (7/4/2)

(Page L1)

The initiative made by the eThekwini Municipality through the Business Support Unit to source funding from the Construction Education and Training Authority (CETA) to provide formal career path opportunities to up skill learners for job opportunities was greatly applauded. It was noted though that the original application covered various career paths but that approval has been given for Supervision - Construction Processes and Construction Health and Safety.

With the Municipality being required to grant permission for the transfer of CETA funds,


3.10.1 That authority be granted to the Head: eThekwini Municipality Academy to create a Vote dedicated to the Construction Learnership Programme for the Construction Education Training Authority (CETA) to transfer an amount of R5 040 000.00 (Five Million and Forty Thousand Rand) to implement a 12-month Construction Learnership Programme.

3.10.2 That subject to the adoption of .1 above, the Head: eThekwini Municipality Academy and the Head: Business Support, Tourism and Markets enter into a Service Level Agreement with Abanguni College of South Africa; Clean Heat Academy; and CETA in order to process their payments as well as the learner’s stipends.


3.10.3 That the Head: eThekwini Municipality Academy and the Head: Business Support, Tourism and Markets monitor the project and keep Council updated of the progress of the Learnership Programme.ADOPTED.

3.11 REPORT OF THE ETHEKWINI MUNICIPALITY AIDS COMMITTEE MEETING HELD 2016-02-17

(Page 554)

This report containing issues discussed at the eThekwini Municipality Aids Committee meeting held on 2016-02-17 is submitted to Council for noting, in line with the requirements that Council should be updated on the City's interventions to address issues of HIV/AIDS and related matters:

3.11.1 Concerns by Civil Society Representatives:

The Civil Society Representative presented their concerns with regard to administrative issues pertaining to the functioning of the Aids Committee. The issues raised include the following:-

● Lack of progress to finalise issues impacting the Committees' Terms of Reference to give clarity on certain issues surrounding the functioning of the Committee.

● Lack of consultation with the Civil Society on Committee issues.● Lack of transparency on the activities of the Committee.● Lack of administrative support from the Municipality for the Civil Society

to convene their meetings.● Lack of effective co-ordination for the dissemination of agendas and

minutes to all members of the Civil Society.

The above concerns were noted,


3.11.1.1 That Council notes that coordination of meetings and activities of the Aids Committee will now be centralized within the office of the Mayor and be undertaken in consultation with Civil Society Representatives.

3.11.1.2 That pre-planning meetings will be held between officials from the Health Unit and the office of the Mayor to agree on issues to form part of the Agenda.

3.11.1.3 That Civil Society Representatives will be consulted during the preparation of the Agenda to enable them to submit reports to form part of the Agenda.NOTED


3.11.2 Hosting of Fast Tracking Cities Conference:

Having noted the programme relative to the Fast Tracking Cities Conference which has its own funding and has already been adopted by Council,


That Council notes that the Deputy City Manager: Community and Emergency Services has been tasked to liaise with the office of the Mayor to ensure progress in logistical arrangements for the hosting of the Fast Tracking Cities Conference scheduled to take place in March 2016. NOTED.

3.11.3 Aids Committee Budget:


That Council notes that budget proposal for the Aids Committee will be discussed by the office of the Mayor together with the Deputy City Manager: Community and Emergency Services and thereafter provide feedback report to the Aids Committee.NOTED.

3.11.4 EThekwini Aids Council Report for Quarter 3:

The Health Unit presented programmes implemented to address issues related to HIV and Aids as well as other related matters during the third quarter of the 2015/16 financial year. Areas needing improvements were highlighted and the Unit were commended for showing progress in the fight against HIV/AIDS and related matters.


3.11.4.1 That the Fast Tracking Cities Conference be utilized to find solution on areas requiring improvements as highlighted in the report by the Deputy City Manager: Community and Emergency Services.

3.11.4.2 That Council notes that Civil Society undertakes to play active role to address, amongst other things, the following issues:-

3.11.4.2.1 Theft and selling of ARVs to the Public by the Health officials.

3.11.4.2.2 Cases of abuse against children and attendance at court cases and picketing during such court cases.

3.11.4.2.3 Victims of Abuse being taken advantage of by some Health officials.Recommendation 3.11.4.1 ADOPTED and Recommendation 3.11.4.2 NOTED.


3.11.5 General Issues raised by the Civil Society Representatives:

The following issues were raised and noted by the Committee:

● Lack of communication in some of the War Rooms and certain community structures not functional.

● Unacceptable behaviour by Clinic staff towards youth resulting in them avoiding clinic visits.

● Formation of Ward Aids Council Structures which requires the involvement and assistance of the Civil Society in conjunction with the Ward Councillors.

● Ensuring good working relationships between Ward Councillors and Civil Society Representatives.

NOTED.

3.11.6 Draft Constitution of the eThekwini Aids Council:

The Legal and Compliance Services was requested to expedite the process of finalising issues pertaining to the draft Constitution of the eThekwini Aids Council in relation to the existing Terms of Reference of the Committee.


That Council notes that Legal and Compliance Services Unit has completed the benchmarking process undertaken to establish practice in other District Municipalities regarding the functioning of the Aids Committee and is awaiting a leadership mandate to present legal opinion in this regard to the Aids Committee with a view to discussing and agreeing on the status of the draft Constitution in relation to the existing Terms of Reference of this Committee.NOTED.

4. FIRST AND SECOND REPORTS OF THE ETHICS COMMITTEE

Council ADOPTED the recommendations of the Ethics Committee as contained in the First and Second Reports of that Committee in respect of its meetings held on 2016-02-17.

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

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

Councillor MF Adam : Request to leave at 10:30 (Personal Commitments)Councillor S Bhanprakash : 2016-02-24 (Municipal Business)Councillor MR Bhengu : 2016-02-24 (Municipal Business)Councillor NB Chamane : 2016-02-24 (Municipal Business)Councillor M Dasarath : 2016-02-11 to 24 (Indisposed)Councillor NR Dlamini : 2016-02-24 (Indisposed)Councillor S Dlamini : 2016-02-24 to 26 (Indisposed)Councillor D Govender : 2016-02-24 (Indisposed)Councillor ZRT Gumede : 2016-02-24 (Indisposed)


Councillor BM Gwala : 2016-02-24 to 26 (Personal Commitments)Councillor S Hansraj : 2016-02-11 to 29 (Indisposed)Councillor S Kalicharan : 2016-02-24 (Indisposed)Councillor S Khuzwayo : 2016-02-23 to 24 (Municipal Business)Councillor S Kikine : 2016-02-24 (Indisposed)Councillor AR Mitchell : 2016-02-29 to 03-09 (Personal Commitments)Councillor BA Mkhize : 2016-02-23 to 24 (Indisposed)Councillor B Mthembu : 2016-02-24 (Personal Commitments)Councillor J Naidoo : 2016-02-24 (Overseas Trip)Councillor N Ndlela : 2016-02-24 (Indisposed)Councillor BD Prinsloo : 2016-02-16 to 03-28 (Indisposed)Councillor S Shange : 2016-02-24 (Indisposed)Councillor D Singh : Request to leave at 13:00 (Personal Commitments)

City Administration: Secretariat24February 2016

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