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KRR(2016-01-28)()[CHALL-135804] 2016-01-29

COUNCIL DECISION CIRCULAR : MEETING HELD ON 2016-01-28

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2016-01-28.

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 - 2016-01-28)

1. FIRST REPORT OF THE EXECUTIVE COMMITTEE :SPECIAL MEETING HELD ON FRIDAY, 2016-01-22

1.1 NOTING OF RULE OF ORDER 28: INTERVENTIONS BY ETHEKWINI MUNICIPALITY TO ADDRESS DURBAN TRANSPORT CHALLENGES (26/3/1/2)

(Page L16)

The Committee discussed disruptions in the operation of Durban Transport bus service as a result of a strike due to non-payment of staff provident funds; salaries and bonuses during December 2015. The disruptions affected bus commuters and extended to motorists within some routes serviced by Durban Transport, including the City Centre.

It was reported that the City had an obligation to intervene for the sake of the bus commuters who had paid for the service in advance as well as other eThekwini residents who experienced road blockages. The City was commended for exercising responsible leadership to ensure that Tansnat staff receives their December salaries. This resulted in Treasury facing an onerous tasks of obtaining Tansnat payroll to ensure the funds go directly towards the payment of salaries.

The intervention by the City took into consideration the following factors:

(i) Consideration of workers who were going to lose their jobs.(ii) Extended disruption in service provision whilst a process to appoint a

replacement and operator was undertaken.(iii) Short period remaining before the establishment of the Municipal entity as

per the Council decision.

Following negotiations between Tansnat and the City, a decision was taken in terms of Rule of Order 28 to pay provident fund; salaries; and bonuses for Tansnat staff in the total amount of R33.3 million, broken down as follows:-

● Provident Funds: R16 Million● Staff December Salaries and Bonuses: R17.3 Million

TOTAL R33.3 Million

This amount has been added to the Tansnat debt. It should be noted that funding was sourced from the Durban Transport subsidy vote which is normally used to cover the costs of the fleet leased by Tansnat. The City had legal basis to pay Tansnat staff in view of a service contract through which the Provincial Department of Transport and the City pay subsidies to Tansnat.

Tansnat and the City signed an agreement to formalise the terms and conditions for the City's interventions. The Agreement mainly include, staff payment method; Tansnat opening and ring-fencing account to cover its operational costs with the City to oversee the account; the repayment plan for the amount of R33.3 million paid to staff.

The Democratic Alliance and the National Freedom Party recorded their abstentions until they discuss the matter with their caucuses.


With the African National Congress and the Inkatha Freedom Party supporting the report based on sufficient and sound motivation behind the City intervening to pay Tansnat staff,

COMMITTEE RECOMMENDS:

That the approval given by His Worship the Mayor, Councillor JS Nxumalo, in terms of Rule of Order 28, to allocate an amount of R33.3 Million from the eThekwini Municipality budget to pay provident funds; salaries and bonuses for December 2015 for Tansnat staff following them engaging into an indefinite strike which inconvenienced a number of eThekwini residents, be noted.NOTED.

1.2 PROPOSED WAY FORWARD: DURBAN TRANSPORT CHALLENGES (26/3/1/2)

(Page L17)

Taking into account prevailing challenges within Tansnat with respect to the running of the Durban Transport bus service, a proposal was submitted to deal with current challenges and to stabilize Durban Transport bus service to also ensure smooth transitional process to the new operational model to establish the Municipal entity, as per the Council decision.

It was reported that the Municipal Entity will become operational by 2016-07-01 but that in the meantime comments from the National Treasury and the National Department of Transport are still pending. A proposal was made to postpone the court date for the liquidation process and consider appointing a Mediator to obtain an independent view on all issues involving Tansnat and the City, with the primary issue being a counter claim by Tansnat that the City owes them money. This process by the Mediator was to also aid the transition process when perhaps revealing some critical issues to be addressed given the imminence of the establishment of the Municipal Entity. A formal agreement was to be signed to serve as an interim measure to cater for Tansnat staff salaries for January and ensuing months. Confirmation was given that leadership has always acted in the best interest of the City in managing Tansnat challenges.

Confirmation was given that the City in conjunction with the Department of Transport has looked at various options to address Tansnat ongoing challenges.

The most feasible and practical option is for the Council to intervene in the Bus Operation by appointing a Team which will manage the bus operation and the finances of the bus operation to ensure that the service continues and all the bus service financial obligations, including diesel and payment of staff salaries are met.

The City intervention will allow for a smooth transitional process into the new operational arrangement that Council is presently finalising. The City is currently negotiating agreement with Tansnat including the following aspects:-

(i) Postponement of liquidation case sine die;(ii) Appointment of an Intervention Team to manage the operation and ensure

financial ring-fencing of the bus operation revenue;


(iii) Opening a ring-fenced account for the buses, into which all revenue generated will be paid. Expenses to be met will be vetted by the Intervention Team;

(iv) An Independent Mediator will be appointed to address all claims between the City and Tansnat to determine validity and responsibility for payment; and

(v) Agreement to be made an order of Court.

In the meantime, the eThekwini Transport Authority and Treasury have met with Tansnat to undertake a high level financial assessment of the business to determine essential operating costs to be met by the end of January 2016 and beyond. The projection and cash flow indicate that some funding injection may be required to meet the company obligations for January 2016. The proposed Intervention Team will work with Tansnat to finalise the funding requirements.

Whilst indication has been given that all issues of conflict between Tansnat and the City will be handled by the Mediator since further interaction between the parties might lead to further confrontation and counter claims, the opposition parties acknowledged the ongoing challenges but maintained that the ideal approach going forward was to invite Tansnat Management Team to present their side of the story and obtain a balance view on Tansnat issues. They were therefore not supporting the recommendations put forward until the availability of Tansnat is secured.

Meanwhile, the Committee was informed that all interventions made fell within the legislative framework. Thereafter, emphasis was put on the need to speed up the process of establishing the Municipal Entity and set specific timeframes for this purpose for ease of monitoring.

Thereafter, the Democratic Alliance; National Freedom Party and the Inkatha Freedom Party recorded their abstentions on the proposed way forward to address Tansnat challenges on the basis that a platform should be created to obtain the view of Tansnat Management Team.

With the African National Congress supporting the proposed interventions on the basis that it was in the best interest of Council to provide leadership on this matter,


That given ongoing challenges by Tansnat in the operation of Durban Transport bus service, authority be delegated to the City Manager to negotiate a Settlement Agreement with Tansnat, appoint an Intervention Team as contemplated in the Settlement Agreement, intervene and support the Intervention Team and report back to Council on a monthly basis.ADOPTED, by the majority vote.

2. SECOND REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2016-01-26

2.1 DETERMINATION OF UPPER LIMITS OF SALARIES, ALLOWANCES AND BENEFITS OF DIFFERENT MEMBERS OF MUNICIPAL COUNCILS (3/5/4)

(9)



2.1.1 That Government Notice No. 1271 placed in Government Gazette No. 39548 dated 21 December 2015, be and is hereby noted.

2.1.2 That the Minister’s Determination of the upper limits of salaries, allowances and benefits as stipulated in Government Gazette No. 39548 dated 21 December 2015, be approved.

2.1.3 That the provisions of Government Notice No. 39548 be implemented at the upper limit.

2.1.4 That the concurrence of the MEC for Co-operative Governance and Traditional Affairs be sought prior to giving effect to item .3 above. Recommendation 2.1.1 NOTED and Recommendations 2.1.1, 2.1.3, and 2.1.4 ADOPTED.

2.2 REPLACEMENT OF COUNCILLOR ON MUNICIPAL PUBLIC ACCOUNTS COMMITTEE (MPAC) (3/2/2)

(Page 68)


That the request by the Democratic Alliance, in terms of the letter by its Caucus Whip, Councillor S Hoosen, dated 2016-01-14, to change its membership and replace Councillor AR Mitchell by Councillor TP Collins on the Municipal Public Accounts Committee, be approved.ADOPTED.

2.3 RETIREMENT FUND RESTRUCTURING IN THE LOCAL GOVERNMENT SECTOR (4/5/1/4)

(Page 75)

Given the sensitivity surrounding the proposed retirement fund restructuring in the Local Government Sector, the importance of assessing all implications associated therewith was stressed. As such a month was to be set aside to obtain relevant stakeholder input on this matter.

Therefore,


2.3.1 That the Council’s view on the proposed Retirement Fund Restructuring in the Local Government Sector, be canvassed.

2.3.2 That should the Council be against the proposals then it should join other Local Authorities that would also be affected by collectively opposing the proposals on the Retirement Fund Restructuring in the Local Government Sector.


ADOPTED.

2.4 INTEGRATION OF AUDIT AND RISK COMMITTEES (3/2/1)

(Page 117)

Authority is sought to integrate Audit and Risk Committee following an overlap consistently identified in roles and responsibilities. It should be noted that these Committees were previously integrated but subsequently separated to provide for a dedicated capacity to focus solely on enterprise risk management issues. The re-integration is proposed taking into account competency levels possessed by both the current membership of the Audit and the Risk Committee. Most importantly, the opportunity to address audit and risk matters in a synergistic approach and avoid duplication of resources, amongst other things, whilst also achieving good turnaround time in decision-making and implementation process.

The integration will result in a need to extend the term of office of the Risk Committee members which is due to expire in March 2016, to provide for alignment with the term of office of the Audit Committee membership. The outcome of the consultation process has revealed that the current membership is available and dedicated to continue providing service in advising Council on enterprise risk management matters.

Given the circumstances,


2.4.1 That Council approves the implementation of the integration of the Audit and the Risk Committees, in alignment with the requirements of Section 166 of the Municipal Finance Management Act in respect of the role of the Audit Committee on risk matters to deliberately enhance integrated risk oversight and enhance the capacity of Council to see a single point of entry on risk issues and risk responses coupled with effectiveness of the governance processes, compliance and internal controls.

2.4.2 That Council approves extension of the term of office of the three (3) Risk Committee members expiring in March 2016, for another 3-year term to further serve and execute the risk roles within an integrated Audit and Risk Committee.

2.4.3 That, to cater for additional roles and responsibilities, Council approves the amendments to the existing remuneration model as follows:-

2.4.3.1 Retainer and Attendance:

MEMBER ANNUAL RETAINER ATTENDANCE FEES PER DAY

Chairperson From 177 171.00 to R280 139.00 From 3 584.00 to R3 784.00

Member From 128 024.00 to R232 639.00 From R2 176.00 to R2 296.00

Note: The Annual Retainer also covers MPAC and EXCO report preparation and meeting attendance. The above fees exclude any form of re-imbursive payments; ad hoc requests by the City Manager and/or Deputy City Managers and additional Council work outside Committee meetings.


2.4.3.2 Supplementary Fees:

Supplementary fees will be paid at a rate of R689.00 (previous rate of R652.00, increased by 5.6% in line with the increases in the National Treasury attendance rates).

2.4.3.3 Re-imbursive Payments:

Committee members will be reimbursed for reasonable travelling time for attending committee meetings. Members not situated within a 90km radius from the meeting venue will only be entitled to claim 3 hours travelling time. Members situated within a 90 km radius will not be entitled to claim travelling time.

Note: the above only relates to changes. Unaffected provisions will remain the same.ADOPTED.

2.5 REQUEST BY THE INDEPENDENT ELECTORAL COMMISSION FOR SHORT - TERM LEASE : USE OF VACANT ACCOMMODATION AT UMNINI THUSONG CENTRE AS STORAGE FACILITY FOR THE 2016 LOCAL GOVERNMENT ELECTIONS (17/2/2/5/2)

(Page 132)


2.5.1 That the Head: Real Estate be authorised to enter into a lease agreement with the Independent Electoral Commission (IEC) for the use of vacant accommodation at the UmniniThusong Centre as a storage facility for the period January to June 2016 for the election activities.

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

2.6 REQUEST FOR EMERGENCY AUTHORITY TO ACTION THE EWS EMERGENCY DROUGHT RELIEF PLAN

(Page 134)

The City is commended for implementing emergency response strategy to the current drought crisis. Whilst the initiative is supported, Management is cautioned to undertake cost-benefit analysis taking into account that drought is a short-term crisis. Furthermore, that other mechanisms to promote effective water usage be considered and implemented effectively. The installation of boreholes is amongst the options suggested. It was noted that the procurement process will be undertaken using Section 36 of the Supply Chain Management Regulations



2.6.1 Given the current drought crisis as per details contained in the report of the Head: Water & Sanitation dated 2015-11-13 authority be granted for the Head: Water and Sanitation to purchase two (2) Water Sachet Machines and eighty (80) Static Tanks and stands on a quotation basis, as part of emergency Drought Relief Plan.

2.6.2 That authority be granted for the Head: Water and Sanitation to purchase, on a quotation basis for a period of six (6) months or until WS-6786 Tender for purchase is awarded, whichever is the sooner, items of small plant and equipment listed in Annexure B attached to his report.

2.6.3 That authority be granted to create twenty (20) temporary Driver posts and employ additional twenty (20) temporary Water Tanker Drivers to cover water delivery to increasing drought affected areas between 4pm and 12pm.

2.6.4 That authority be granted to hire 5 (five) TLB’s and 25 (twenty five) bakkies via quotations.

2.6.5 That subject to .1, .2, .3 and .4 above, savings be identified to fund these resources as listed in Annexure A and B attached to the report by the Head: Water and Sanitation, and that the relevant reports be submitted to Council seeking authority for the transfer of funds and to the Bid Adjudication Committee in respect of deviation from the normal procurement process.ADOPTED.

2.7 REQUEST FOR AUTHORITY TO ENTER INTO AN AGREEMENT WITH TONGAAT HULETT DEVELOPMENT (PTY) LTD TO REFUND TONGAAT HULETT FOR THE INSTALLATION OF A SEWER TRUNK MAIN IN CORNUBIA: WS 2014/210 (23/2/1/1)

(Page 142)

Confirmation was given that discussions on the contribution model in respect of facilities were underway at National Treasury and will be implemented accordingly by the City once approved. This was in response to a suggestion that TongaatHulett should make financial contribution given that the sewer will also benefit its business.

Explanation was given that an urgent development of a retail park has necessitated the development of trunk sewer to be brought forward. This was originally budgeted for in future financial years. As such, TongaatHulett has offered to fund the construction and the City to make reimbursement during the 2016/17 financial year. It was confirmed that the Municipality will ensure compliance with its Supply Chain Management Regulations when procuring for the installation of the sewer trunk main.

In support of development and investment within the City,


2.7.1 That Council approves the construction of the South Eastern and Eastern Cornubia trunk sewer at an estimated cost of R20 Million, to be funded by the TongaatHulett on the basis that eThekwini Municipality will reimburse the costs.


2.7.2 That subject to the approval of .1 above, authority be granted to the City Manager to enter into a Memorandum of Agreement (MOA) with TongaatHulett Developments (Pty) Ltd in respect of refunding TongaatHulett Developments (Pty) Ltd the reasonable and proven costs, without interest, that will be incurred in designing and constructing a trunk sewer to serve the South Eastern and Eastern Portion of Cornubia ahead of the original programme.

Project No.: Y8099 R20 000 000.00 (available in 2016/17 Capital Budget)Cost centre: 65510; FC No. 65/C12ADOPTED.

2.8 IMPLEMENTATION OF CURRENT AND UPCOMING CREATIVE ARTS DEVELOPMENT PROGRAMMES FOR THE PERIOD NOVEMBER 2015 TO JUNE 2016 (2/3/2/1/2)

(Page 144)

Great emphasis was put on the need to support cultural events, including traditional dance (Ingoma) as part of promoting and maintaining the African culture, in particular, which events are currently lagging behind in terms of receiving financial support. A suggestion was made to also consider assisting women responsible for maiden virginity testing with necessary material.

It was noted that the first three (3) events contained in the table below have already taken place and have been approved in terms of Rule of Order 28 given that Council was in recess. The Committee requested that in future reports should be submitted timeously given that these are annual events thus requiring forward-planning. Nevertheless, the interventions made by His Worship the Mayor were commended which prevented potential cancellation of these events.


2.8.1 That project authority be granted to the Deputy City Manager: Community and Emergency Services to support the events and programmes listed below as they form part of the greater Youth Development Agenda, it being recorded that items 1 to 3 have been approved in terms of Rule of Order 28, as per the report of the City Manager dated 2015-12-24.

2.8.2 That subject to the adoption of .1 above, all procurement of services follow the eThekwini Municipality Supply Chain Management Policy, it being recorded that specific reports in this regard will be submitted for consideration by relevant Support Committees.

Budget Implications:Event Name Venue Date Amount Vote Number

Umbumbulu: Annual Ingoma Festival

Umbumbulu Sport Ground

31 December R 100 000.00 15503.06151Transfer from: 05460

Buhle BengomaMaQadi

Folweni Play Ground

28 December R 100 000.00 15503.05940Transfer from: 05460

SabiChilli Princess Magogo

29 December R 150 000.00 14001.04540


Event Name Venue Date Amount Vote Number

Stadium

Street Children: Corner to Corner

Durban Central January- June 16 R 60 000.00 15503.07792

Durban Hops: Developmental Programme

Umlazi February 16 R 300 000.00 15503.08482/15503.08623

Durban Artery Rivertown Beer Hall

April 16 R 200 000.00 15503.11527/06151Transfer from: 05460

ZizeZande Youth Organisation

Stable Theatre, Umlazi High Schools: Various

January- June 16 R 60 000.00 15505.8623

KZN Youth Wind Band Programmes

Various January- June 16 R 60 000.00 15505.4115

Human Rights Day

Sugar Ray Xulu Stadium

21 March R 350 000.00 14001.04540

Ethekwini Dance-off Competition(Traditional and Contemporary)

The Playhouse, Stable Theatre, All regions (various)

January- June 16 R 100 000.00R 50 000.00

15505.338415505.8623

Musho Theatre FestivalStable Theatre Festival

Stable Theatre/ Various

13- 18 January March/April

R 250 000.00R 100 000.00

15503.06151Transfer from: 05460

Sketch Comedy Programme

All regions: Final Stable Theatre

January- June 16 R 300 000.00 14001.04540

Total R2 110 000.00

ADOPTED.

2.9 NOTING OF RULE OF APPROVAL GIVEN IN TERMS OF RULE OF ORDER 28: EVENTS AUTHORITY (13/2/9/2/1)

(Page 147)


That the approval given by His Worship the Mayor, Councillor JS Nxumalo, in terms of Rule of Order 28, for the hosting of Ingoma Festival at Umbumbulu Sports Ground on 2015-12-31 at a cost of R100 000.00 (One Hundred Thousand Rand); UbuhleBengomaMaQadi at FolweniSportsground on 2015-12-27 at a cost of R100 000.00 (One Hundred Thousand Rand); and Sabi Chili: Music and Sports at Princess Magogo Stadium on 2015-12-29 at a cost of R150 000.00 (One Hundred Thousand Rand); thus making a total of R350 000.00 (Three Hundred and Fifty Thousand Rand), and granting permission for Arts and Living Cultures Section to procure and secure the abovementioned services and the budget thereof not exceeding R350 000.00 (Three Hundred and Fifty Thousand Rand Only), be noted.NOTED.


2.10 NOTING OF RULE OF APPROVAL GIVEN IN TERMS OF RULE OF ORDER 28: RECTIFICATION OF CITY'S FUNDING AND PARTNERSHIP WITH DURBAN JAZZ FESTIVAL (13/2/1/2)

(Page 149)

It was reported that approval for the hosting of the Durban Jazz Festival was given by Council at its meeting on 2015-10-28. However, the decision erroneously omitted the approval of the amount of R250 000.00 to cover the cost of logistical support. This therefore prompted the signing of the Rule of Order 28.

Accordingly,


That the approval given by His Worship the Mayor in terms of Rule of Order 28 rectifying the omission in approving the amount of R250 000.00 (Two Hundred and Fifty Thousand Rand) for the eThekwini Municipality to partner with the Durban Jazz Festival for the logistical support in respect of the 2016 Durban Jazz Festival, be noted.NOTED.

2.11 REVISED TARIFFS FOR THE USE OF VARIOUS SIZAKALA COMMITTEE ROOMS DURING THE 2016/17 FINANCIAL YEAR (7/6/1/4)

(Page 153)


2.11.1 That the revised tariffs as contained in Annexure A of the Report of the Head: Sizakala Customer Service dated 2015-11-05 be approved in principle for implementation with effect from 2016-07-01, it being recorded that the tariff report will be submitted for consideration by the Governance and Human Resources Committee.

2.11.2 That the Conditions of Hire as outlined in Annexure B of the Report of the Head: Sizakala Customer Service dated 2015-11-05, be noted.

2.11.3 That the City Manager be and is hereby mandated without delay to:-

(i) Display a copy of this resolution and the said Tariff of Charges:

(a) On the City Hall Notice Board, and

(b) Other places within the Municipality as the City Manager may determine,

(ii) 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 75 A (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 and

(ii) Any other places as may be determined by the City Manager.

2.11.4 That the City Manager announces that the effective date for the implementation of the said Tariff of Charges is 2016-07-01 and forward a copy of the said notice to the Member of the Executive Council (MEC) for Co-operative Governance and Traditional Affairs (COGTA).ADOPTED.

2.12 PROPOSED TARIFFS 2016/2017: LICENSING SERVICES OUTPUT UNIT (7/6/1/1)

(Page 159)

The Committee noted that a 5% increase is reasonable and make business sense to enable the City to keep pace with inflation, which was standard practice in any business environment.


2.12.1 That all ‘Present Tariffs’, as reflected in Annexure A (Tariffs 2015/16), attached to the report dated 2015-11-25, as imposed by the Municipality, be hereby rescinded with effect from 2016-07-01.

2.12.2 That subject to the adoption of .1 above, the ‘Proposed Tariffs including Value Added Tax, attached to the report dated 2015-11-25 be adopted with effect from 2016-07-01.

2.12.3 That the City Manager be and is hereby mandated without delay to:-

(i) Display a copy of this resolution and the said Tariff of Charges:-

(a) On the City Hall Notice Board, and

(b) Other places within the Municipality as the City Manager may determine,

(ii) 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 75 A (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 and

(ii) Any other places as may be determined by the City Manager.

2.12.4 That the effective date for the implementation of the said Tariff of Charges is 2016-07-01.

2.12.5 That the City Manager seek to convey the information referred to in the said notice to the public on East Coast and Ukhozi FM Radio Stations; and

2.12.6 That the City Manager sends a copy of the said notice to the Provincial Minister of Local Government.ADOPTED.

2.13 REQUEST FOR DELEGATION OF AUTHORITY TO CITY MANAGER TO SIGN MEMORANDUM OF AGREEMENT: REQUIREMENT OF CONDITION 4.93 OF THE ENVIRONMENTAL AUTHORISATION ISSUED FOR THE CLAIRWOOD LOGISTICS AND DISTRIBUTION PARK DEVELOPMENT (2/2/3 & 32/3/1/R)

(Page 163)


2.13.1 That in terms of Section 59 of the Local Government: Municipal Systems Act No. 32 of 2000, the City Manger be delegated authority to sign a Memorandum of Agreement (MOA) envisaged in condition 4.93 of the Environmental Authorisation for the Clairwood Logistics and Distribution Park.

2.13.2 That the City Manager be delegated authority to sign, in consultation with relevant Chairpersons, Environmental Impact Assessments arising from future developments.

2.13.3 That in terms of Section 59(2) of the Local Government: Municipal Systems Act No. 32 of 2000, the City Manager may sub-delegate such authority to the Head: Development Planning, Environment and Management for future Environmental Authorizations where relevant.ADOPTED.


2.14 INTEGRATED DEVELOPMENT PLAN 2015/2016 : MID-TERM AMENDMENTS TO THE ORIGINAL ORGANISATIONAL SCORECARD AND SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN (2/10/1/1/1)

(Page 235)


That the public participation process linked to the amendment of the Integrated Development Plan 2015/16, in line with the Local Government Municipal Planning and Performance Management Regulations, be noted.NOTED.

2.15 REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF NOVEMBER 2015 (9/1/3)

(Page 381)


2.15.1 That the monthly report of the City Manager dated 2015-12-10, relative to awards made by the City for the month of November 2015, as presented, be noted.

2.15.2 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.

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

2.15.4 That the City Manager shall table a report to the Committee relative to the disciplinary, criminal and recovery actions taken, it being noted that the City Manager can only respond when the reports are available.Recommendations 2.15.1, 2.15.2 and 2.15.3 NOTED and Recommendation 2.15.4 ADOPTED.

2.16 REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF DECEMBER 2015 (9/1/3)

(Page 416)


2.16.1 That the monthly report of the City Manager dated 2016-01-13, relative to awards made by the City for the month of December 2015, as presented, be noted.

2.16.2 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.


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

2.16.4 That the City Manager shall table a report to the Committee relative to the disciplinary, criminal and recovery actions taken, it being noted that the City Manager can only respond when the reports are available.Recommendations 2.16.1, 2.16.2 and 2.16.3 NOTED and Recommendation 2.16.4 ADOPTED.

2.17 MONTHLY SALGA REPORT TO MEMBERS AS OF 16 JANUARY 2016 (14/2/1/1/1)

(Page 459)


That Council notes report received from the South African Local Government Association (SALGA) advising that outstanding SALGA levies are now due for those Municipality still owing as well as the dates for professional development courses for Councillors and officials taking place between February and March 2016, as outlined in the schedule by the KwaZulu-Natal Provincial Executive Officer included on the Executive Committee Agenda dated 2016-01-26.NOTED.

2.18 MID-YEAR BUDGET AND PERFORMANCE ASSESSMENT REPORT FOR THE MONTH ENDING 31 DECEMBER 2015 (7/1/4) (Letter dated 2016-01-25 Circulated separately)

(Circulated Separately)


That the mid-year Budget and Performance Assessment Report submitted in compliance with Sections 52(d) and 72 of the Municipal Finance Management Act (MFMA) and Section 33 and 34 of the Municipal Budget and Reporting Regulations as promulgated in Government Gazette No. 32141 dated 2009-04-17, be noted.NOTED.

2.19 ETHEKWINI MUNICIPALITY ANNUAL REPORT 2014/2015 (11/1/1)

(Page 462)


That Council approves the eThekwini Municipality’s Annual Report for the 2014/15 financial year, tabled in compliance with Section 127 of the Municipal Finance Management Act, it being recorded that the Municipal Public Accounts Committee (MPAC) will consider the report in terms of its oversight role and submit its recommendations thereon in two months time.ADOPTED.


2.20 PROVINCIAL QUARTERLY BACK TO BASICS REPORT FOR FIRST QUARTER OF 2015/16 (2/3/2/1/2)

(Page 466)


That the eThekwini Municipality Back to Basics report for the first quarter of the 2015/16 financial year, submitted in compliance with the requirements of the Provincial Department of Co-operative Governance and Traditional Affairs, be noted.NOTED.

2.21 PROVINCIAL QUARTERLY BACK TO BASICS REPORT FOR SECOND QUARTER OF 2015/16 (2/3/2/1/2)

(Page 475)


That the eThekwini Municipality Back to Basics report for the second quarter of the 2015/16 financial year, submitted in compliance with the requirements of the Provincial Department of Co-operative Governance and Traditional Affairs, be noted.NOTED.

2.22 MID-YEAR REPORTING: ORGANISATIONAL SCORECARD AND SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN: JULY-DECEMBER 2015 (2/10/1/1/1)

(Page 486 and Laid on Table Document)


That Council notes mid-year performance assessments in respect of the Organisational Scorecard and the Service Delivery and Budget Implementation Plan for the six (6) months ended December 2015, submitted in compliance with Section 72(1)(a) of the Municipal Finance Management Act, as per details contained in the report by the City Manager dated 2015-01-18.NOTED.

2.23 AUTHORITY TO FINANCE THE UPGRADE OF THE WAKESLEIGH ROAD TO FACILITATE SOCIAL HOUSING DEVELOPMENT (22/7/1/1/3)

(Page L1)


2.23.1 That approval be granted for the allocation of an amount of R3 Million utilising the Urban Settlement Development Grant (USDG) for the financing of the Wakesleigh road upgrade, in order to facilitate the development of 430 social housing units by First Metro Housing Company (FMHC), it being recorded that the expenditure in the


amount of R500 000.00 (Five Hundred Thousand Rand Only) will be budgeted for in the 2016/17 financial year and R2.5 Million to be budgeted for in the 2017/18 budget year.

2.23.2 That Building Plans be approved and released to First Metro Housing Company (FMHC) in order to proceed with the development.ADOPTED.

3. THIRD REPORT OF THE EXECUTIVE COMMITTEE: IN - COMMITTEE MEETING HELD ON TUESDAY, 2016-01-26

3.1 2013/2014 PERFORMANCE AGREEMENTS OF CITY MANAGER AND DEPUTY CITY MANAGERS (4/6/2)

The above-mentioned Report was discussed “In-Committee”

4. REPORT OF THE MUNICIPAL PUBLIC ACCOUNTS COMMITTEE

The above-mentioned Report was not Laid on Table and therefore not considered.

5. 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 2016-01-25 and 2015-11-30 and 2015-12-01.

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

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

Councillor S Bhanprakash : 2016-01-25 to 29 (Personal Commitments)Councillor HP Biyela : Request to leave at 13:00 (Doctor’s appointment)Councillor HP Biyela : 2016-02-01 to 04-04 (Maternity leave)Councillor NB Chamane : 2016-01-28Councillor MD Dasarath : 2016-01-28 (Indisposed)Councillor DC Gaillard : 2016-02-01 to 05 (Indisposed)Councillor NC Gumede : 2016-01-28 (Indisposed)Councillor D Hoorzuk : 2016-01-25 to 29 (Indisposed) Councillor S Khuzwayo : 2016-01-28 to 02-05 (Indisposed)Councillor SKB Kikine : 2016-01-28 to 02-13 (Indisposed)Councillor SA Kaunda : 2016-01-28 (Indisposed)Councillor BA Mkhize : 2016-01-27 to 29 (Municipal Business)Councillor SW Mcoyi : Request to attend at a later stageCouncillor DF Mncwabe : 2016-01-21 to 30 (Indisposed)Councillor Z Mncwango : 2016-01-28 (Indisposed)Councillor M Mngadi : 2016-01-25 to 02-26 (Indisposed)Councillor ON Mthembu : 2016-01-27 to 31 (Indisposed)Councillor S Ngcobo : 2016-01-27 to 31 (Indisposed)Councillor MM Ngiba : 2016-01-28 (Indisposed)


Councillor TT Ngubane : 2016-01-25 to 02 (Indisposed)Councillor BD Prinsloo : 2016-01-27 to 28 (Personal Commitments)Councillor AN Shabalala : 2016-01-28 (Indisposed)Councillor NP Sibiya : 2016-01-27 to 30 (Indisposed)Councillor WM Thring : 2016-01-28 (Personal Commitments)

City Administration: Secretariat28January 2016

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