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COUNCIL MINUTES FOR APPROVAL AT THE 56

th COUNCIL MEETING OF THE CITY OF

TSHWANE METROPOLITAN MUNICIPALITY (THIRD TERM OF THE CITY OF TSHWANE), TO BE HELD ON 30 JUNE 2016 AT 10:00

Council Meeting of the City of Tshwane Metropolitan Municipality held on 26 MAY 2016 at 11:30

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MINUTES of the Council Meeting of the

CITY OF TSHWANE METROPOLITAN MUNICIPALITY

(THIRD TERM OF THE CITY OF TSHWANE)

held in the Council Chamber, Sammy Marks Conference Centre, cnr Lilian Ngoyi and Madiba Streets, Pretoria, on THURSDAY, 26 MAY 2016 at 11:30

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COUNCILLORS PRESENT: COUNCIL MEETING: 26 MAY 2016

ANC:

PROPORTIONAL

1. Ramokgopa, KD (Executive Mayor) 2. Mosupyoe-Letsholo AWMK (Speaker) 3. Mabona SJ (Chief Whip of Council) 4. Boshomane MJ 5. Buthelezi MM 6. Chauke D 7. Dlamini LB 8. Ernest T 9. Fleming DL 10. Guduza TE (Apology) 11. Huma SE (Absent) 12. Kekana RJ 13. Khalo T (Prof) 14. Lebese OS 15. Lehobye DJ (Apology) 16. Lekgema PL 17. Mabiletsa MD 18. Mabusela TE 19. Majola DE 20. Makaung AS (Special leave) 21. Tyobeka-Makeke NP 22. Makitla NB 23. Marema MP 24. Masango JM 25. Mashaba PF 26. Mashego RT (Apology) 27. Mathafa OM 28. Mathenjwa N 29. Matjila MG (Apology) 30 Maseko NE 31. Mkhize J 32. Mmoko TE 33. Modise S 34 Mohlala RJB 35. Mojela DL (Absent)

36. Moselelane SEP (Apology) 37. Mosime DW 38 Mosito DB 39. Motsei MV 40. Mthethwa SD 41. Muller JD 42. Ndlovana AA 43. Ngobeni JM 44. Ngobeni SM 45. Ngonyama JJ 46. Ngwezi AA (Prof) 47. Nhlapo EN 48. Phasha SM 49. Pillay S 50. Sebopa MI 51. Zitha PB

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WARD

52. Aphane MJ 53. Baloyi JK 54. Baloyi RW (Absent) 55. Boroto AS 56. Essop M 57. Hlatshwayo PB 58. Katake NS 59. Kekana MC 60. Komani NJ 61. Kwenda-Sesoko LH 62. Ledwaba DC 63. Mabelane VP 64. Mabena MJ 65. Mabona AD 66. Mahlase CM 67. VACANT 68. Makgatho JT 69. Makola MA 70. Malapane ND 71. Maluleka AM 72. Mampheko AM (Absent) 73. Maredi F 74. Mareme MS 75. Marishane MS 76. Marobane MA 77. Marole LP 78. Marotola MS (Absent) 79. Maseko PL 80. Mashola MS 81. Masilela JK 82. Masombuka JB 83. Masupha NR 84. Mathe D 85. Matshela TP 86. Mbele FNJ 87. Mlotshwa ME 88. Mogale JM 89. Moganedi LP 90. Mogoboya NP 91. Mokgothadi RMH

92. Montlha SP 93. Morudu MGR 94. Motsepe RH 95. Musehane ME 96. Ngwenya CB 97. Ngobeni LM 98. Ngobeni MR 99. Nkosi JB 100. Nkosi FE 101. Ntuli JC 102. Phahlane AK 103. Phiri SB (Special leave) 104. Rallele M 105. Rambau TV 106. Rammushi JP 107 Ringane MB 108. Sebata TA 109 Sebotsane MP 110. Sekonya MD 111. Sibanyoni JN 112. Sibaya J 113. Sindane JM 114. Sithole ST 115. Thobejane EM 116. Tlometsane SP 117. Tsela CD 118. Tshabalala ES

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DA : PROPORTIONAL

1. Brink C 2. Bosch C 3. Duvenage Y 4. Dzumba KY (Apology) 5. Erasmus DJ 6. Fourie M 7. Fourie S 8. Jacobs MJ 9. Jansen J 10. VACANT 11. Khumalo ZC (Absent) 12. Lee TW 13. Maake MR 14. Maas S 15. Mampuru MM (Apology) 16. Mashego JD 17. Mathebe RK 18. Mathibedi LR 19. Millar PE 20. Minnie KJ 21. Mnguni DSL 22. Mokhoto NL 23. Mokonyane KR 24. Moss D

25. Motau LG 26. Motsaneng S 27. Mkhari M 28. Napo MM 29. Ncube AB 30. Ndlovu FC 31. Ngwenya MA (Apology) 32. Nortje HJ 33. Osman AQ 34. Peach WD 35. Pietersen IJ 36. Pretorius GC 37 Ramohoebo M 38. Rens SD 39. Roos AC 40. Shackleton MS 41. Uys R (Apology) 42. Van den Heever CM 43. Visser GP 44. Weber H 45. Welmans LJ

WARD 46. Aucamp, MGW 47. Aucamp, M 48. VACANT 49. Barendrecht, JW 50. Bekker CF 51. Bosch VA 52. Boshoff CH 53. Chapman BW 54. Coetzee JJ 55. Du Plooy J 56. Erasmus GM (Apology) 57. Fourie HF 58. Fourie RP 59. Kruger Muller ME 60. Linde E 61. Louw E 62. Mc Donald CN 63. Meyer K

64. Middelberg AWF 65. Muller S 66. Napier CJ (Prof) 67. Nel E 68. Nel PA 69. Pascoe NC 70. Prinsloo CD (Adv) 71. Smith FJ 72. Singh I (Apology) 73. Spoelstra JC 74. Strijdom CE 75. Sutherland M 76. Sutton P 77 Swanepoel DJ (Apology) 78. Van der Walt PA 79. Van Niekerk AM 80. Van Wyk FW 81. Wannenburg DG 82. Wannenburg BJ

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FF+:

PROPORTIONAL 1. Erasmus, LA 2. Erasmus, BHJ 3. Du Plooy IP 4. Uys, PD

COPE:

PROPORTIONAL 1. Babane, TJ 2. Nkwane, S

ACDP:

PROPORTIONAL 1. Kissoonduth, A

AZAPO:

PROPORTIONAL 1. Lesufi, ML

PAC:

PROPORTIONAL 1. Lekgoathi, LJ

APC:

PROPORTIONAL 1. Thobakgale, TF

REPRESENTATIVES FROM THE TRIBAL AUTHORITIES

1. AmaNdebele Ba Lebelo

Mr S Malinga Mr K Swandle

2. AmaNdebele wakwa Ndzundza Sokhulumi

Not in attendance

REPRESENTATIVES FROM TWBCF

Ms K Dibiloane Ward 97 Mr S Matshaba Ward 75 Mr P Monama Ward 76.

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 26 MAY 2016 Order of business of the Council Meeting convened in terms of Section 2 (read with Section 8) of the Rules and Orders: INDEX Pages A. OPENING: PRAYER OR MEDITATION …………………………. 11 B. APPLICATIONS FOR LEAVE OF ABSENCE ……………………. 12 C. OFFICIAL NOTICES …………………………………………….….. 13 D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER

PROPOSALS ALLOWED BY THE SPEAKER …………………... 14-15 E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS

COUNCIL MEETING: 28 APRIL 2016 ……………………………….. 16

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 26 MAY 2016

F. REPORTS TO THE COUNCIL (a) REPORTS OF THE EXECUTIVE MAYOR (i) RECOMMENDATIONS TO COUNCIL

PART I: FROM THE MAYORAL COMMITTEE MEETING: 10 FEBRUARY 2016 INDEX

PAGES

(The recommendation appears on the page indicated in brackets) 1. Environmental Management Department

Fresh Produce Market Division Report: Investigation in terms of Section 78(3) of the Municipal System Act (From the Executive Committee: 1 February 2016 and the Special Mayoral Committee: 10 February 2016)……………… 18-19

PART II: FROM THE MAYORAL COMMITTEE MEETING: 4 MAY 2016 2. Environmental Management Services Department (Waste Management) Report on the current status of Onderstepoort land fill site and its proposed short to medium term waste disposal arrangement post closure plan (From the Mayoral Committee Cluster: Infrastructure and Community Services: 13 April 2016 and the Mayoral Committee: 4 May 2016)………………. 20-23 3. Group Property Management Department (Corporate Property and Logistical Services) Proposed donation of Erf 1872, Eersterust extension 3 (From the Mayoral Committee Cluster: Strategy Development and Spatial Planning: 13 April 2016 and the Mayoral Committee: 4 May 2016) …………….... 24-25 4. Group Property Management Department (Corporate Property and Logistical Services) Corrective report: Proposed donation of Erf 821 Garankuwa Unit 21 (From the Mayoral Committee Cluster: Strategy Development and Spatial Planning: 13 April 2016 and the Mayoral Committee: 4 May 2016)……..………... 26

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PART III: FROM THE MAYORAL COMMITTEE MEETING: 18 MAY 2016 5. Group Financial Services Department Municipal Finance Management Act (MFMA): In-year financial report (monthly budget statement) for the period ending 30 April 2016 (From the Mayoral Committee: 18 May 2016)………………………… 27 6. Group Financial Services Department Grants and subsidies progress report for the period ended 30 April 2016 (From the Mayoral Committee: 18 May 2016)………………………… 28 7. Office of the Executive Mayor Tabling of the 2016/17 Business Plan and Budget: Sandspruit Works Association (SWA) (From the Mayoral Committee: 18 May 2016)………………………… 29 8. Office of the Executive Mayor Tabling of the 2016/17 Business Plan and Budget: Tshwane Economic Development Agency (TEDA) (From the Mayoral Committee: 18 May 2016)………………………… 30 9. Office of the Executive Mayor Tabling of 2016/17 Business Plan and Budget: Housing Company Tshwane (HCT) (From the Mayoral Committee: 18 May 2016)………………………… 31 10. Office of the Chief Audit Executive Report on the performance of the Audit and Performance Committee (APC) of the City of Tshwane and its Municipal Entities to the Mayoral Committee for Quarter 2 and Quarter 3 of financial year 2015/2016 (October 2015 - March 2016) (From the Mayoral Committee: 18 May 2016)………………………… 32

11. Group Property Management Department Corrective Report: Proposal to lease air space over portion of Lynnwood Road (remainder of Portion 245 of the farm Elandspoort 357-JR) adjacent to the University of Pretoria on a nominal rental (From the Executive Committee: 16 May 2016 and the Mayoral Committee: 18 May 2016)…………………………………….. 33

12. Housing and Human Settlement Department Extension of development rights for Townlands, approval of development rights for the development of social housing projects by the Housing Company Tshwane for Timberlands, Chantelle Extension 39 and Erf 708 and Erf 709 Sunnyside and approval of waiver of bulk services contributions for the identified projects (From the Executive Committee: 16 May 2016 and the Mayoral Committee: 18 May 2016)……………………………………. 34-35

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13. City Planning and Development Department Report on the proposed land swap between the City of Tshwane and Maponya's Investment Holdings (Pty) Ltd (From the Mayoral Committee: 6 April 2016, the Joint Mayoral Committee Cluster: 11 May 2016 and the Mayoral Committee: 18 May 2016)………………………………………… 36-37 (a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURE A) ……………………………………………….………………. 38 (b)(i) REPORTS OF OVERSIGHT AND STANDING COMMITTEES

REPORTING DIRECTLY TO THE COUNCIL ……………………………… 39-47

RECOMMENDATIONS TO THE COUNCIL A. FROM THE SECTION 79 STANDING COMMITTEE:

LOCAL GEOGRAPHICAL NAMES: 13 MAY 2016 B. FROM THE SECTION 79 STANDING COMMITTEE:

PUBLIC ACCOUNTS: 13 MAY 2016 C. FROM THE SECTION 79 OVERSIGHT COMMITTEE:

RULES AND ETHICS: 20 MAY 2016 (b)(ii) RESOLUTIONS BY OVERSIGHT AND STANDING COMMITTEES

REPORTING TO COUNCIL (ANNEXURE B) ……………………… 48

G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN ……………. 49-55

H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS MEETING …………………………………………………………..…….. 56

I. NEW MOTIONS …………………………………………………..……... 57-59

J. PETITIONS ……………………………………………………………….. 60 K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF

THE MEETING, AT THE DISCRETION OF THE SPEAKER ……..... 61-66

L. CONCLUSION ………………………………………………………….... 67

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 26 MAY 2016 A. OPENING: PRAYER OR MEDITATION

The Speaker, Ald AWMK Mosupyoe-Letsholo, welcomed all present by requesting members to observe a moment of silence.

The Speaker further expressed words of welcome to the following members of the Transitional Ward Based Consultative Forum who attended the Council meeting to observe the proceedings:

Ms K Dibiloane Ward 97 Mr S Matshaba Ward 75 Mr P Monama Ward 76.

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B. APPLICATIONS FOR LEAVE OF ABSENCE

The Chief Whip of Council in accordance with powers delegated to him submitted the approved leave of absence of the following Councillors:

MMC RT Mashego MMC MG Matjila DJ Lehobye SEP Moselelane KY Dzumba GM Erasmus MM Mampuru MA Ngwenya DJ Swanepoel R Uys AS Makaung (Special leave) SB Phiri (Special leave) (Remark: As no leave of absence was presented for the following Councillors they be deemed absent without leave: JK Baloyi SE Huma AM Mampheko MS Marotola DL Mojela ZC Khumalo I Singh.)

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C. OFFICIAL NOTICES

There were none.

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D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER PROPOSALS ALLOWED BY THE SPEAKER

1. LATE BUT URGENT REPORTS IN TERMS OF LEGISLATION

The Speaker explained that the reports contained in Part III of the agenda were received from the Office of the Executive Mayor on 20 May 2016 and delivered to Councillors on SharePoint on 20 May 2016. She further indicated that these reports were urgent and had to serve in Council.

2. REPORTS ALLOWED BY THE SPEAKER AT HER DISCRETION IN TERMS OF SECTION 8(1)(k) OF THE RULES AND ORDERS The Speaker explained that Section 8(1)(k) of the Rules and Orders provides for reports / matters not contained in the notice of the Council meeting to be allowed at her discretion. She further explained that she had allowed the following reports to serve in Council under the mentioned section:

• Council Rising One Month prior to Local Government Elections, set for 3 August 2016, as per Government Gazette 40007 of 23 May 2016; and Programme of meetings for July 2016.

• Office of the Executive Mayor Proposed Donation of a To-Be-Divided Portion of the remainder of Portion 20 of the Farm Olievenhoutbosch 389-JR to the enlightened Christian Gathering Church

3. AFRICA MONTH

The Speaker explained that the month of May was Africa Month. She added that 25 May, was known as Africa Day 2016, celebrated when the Organisation of African Unity (OAU), the precursor to the African Union (AU) was formed in 1963. The AU (South Africa is a founding member) comprising 53 member States, has brought together the continent of Africa to collectively address the challenges it had faced, such as armed conflict, climate change, and poverty.

The Speaker further explained that the celebrations highlight African

solidarity, unity in diversity, creativity, challenges and successes, and the cultural and economic potential of the continent, hence the theme for Africa Month 2016 was ‘Building a better Africa and a better World’. She furthermore urged Councillors to embrace the theme and endeavour to build a better Africa and a better world.

4. SASRIA COVER FOR COUNCILLORS’ PROPERTIES

The Speaker explained that the City’s Insurance Programme, in particular the SASRIA Insurance cover for Councillors, was due for renewal on 1 July every year. An updated list of properties in respect of relevant Councillors was therefore urgently needed for the Insurer to arrange cover for the period concerned.

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The Speaker further explained that a form was developed for purposes of the required update and would be distributed to Councillors during the meeting, and the said form should be completed and returned as a matter of urgency, by latest 10 June 2016, to Mr Kgopotso Thema, Executive Head, Office of the Speaker (e-mail KgopotsoT@Tshwane.gov.za, Room 702, HB Phillips Building, cnr Francis Baard and Bosman Streets, Pretoria, tel 012 358 1723).

5. TAKE A GIRL CHILD TO WORK DAY: 2016

The Speaker explained that 26 May 2016 was the ‘Take a Girl Child to Work’ and this year marks the 14th year of the programme. She further explained that the Strategic Interest Group Development Division (SIGD) in the Office of the Executive Mayor invites all departments, regions and the city entities to participate in the 2016 ‘Take a Girl Child Programme’, which aims to expose girl children to the world of work and a wide range of career opportunities, as well as giving them the opportunity to meet career role models. The Speaker further explained that the SIGD had already called on all Departments to participate in the said initiative by submitting the number of learners that would be able to mentor in their respective Departments. She furthermore indicated that the SIGD as the custodian of women empowerment and gender equality would be leading and coordinating the build-up to the programme, and its Gender, Elderly and Faith-based Unit would be hosting the programme in partnership with Cell C. The Programme was presented in the Sammy Marks Library Hall on 26 May 2016, from 08:30 to 13:30.

6. WORDS OF CONDOLENCES BY ALD GC PRETORIUS Ald GC Pretorius on behalf of the DA expresses words of condolences to the

family of the late Cllr U Joosub. He further expressed words of condolences to the families of two security guards who passed on during the recent protests in Hammanskraal.

Hereafter, the Speaker indicated that, after consultation with the Joosub’s

family, the Special Council for purposes of the Memorial Service would be held on Monday, 30 May 2016 at 10:00.

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E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS COUNCIL MEETING: 28 APRIL 2016

RESOLVED: That the minutes of the Ordinary Council meeting held on 28 April 2016 be approved and confirmed.

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F. REPORTS TO COUNCIL

The Executive Mayor submitted reports from the Mayoral Committee to Council for consideration, as contained in Parts I, II and III as well as Annexure A, for cognisance and/or discussion. He further, in terms of Section 13(5) of the Rules and Orders withdrew item 10 ‘Report on the performance of the Audit and Performance Committee (APC) of the City of Tshwane and its Municipal Entities to the Mayoral Committee for Quarter 2 and Quarter 3 of financial year 2015/2016 (October 2015 - March 2016)’ from the agenda.

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 26 MAY 2016

F. REPORTS TO THE COUNCIL (a) Reports of the Executive Mayor (i) Recommendations to Council Reference No 04883/1 Mthobeli Kolisa (2449) COUNCIL: 26 May 2016 1. ENVIRONMENTAL MANAGEMENT SERVICES DEPARTMENT

FRESH PRODUCE MARKET DIVISION REPORT: INVESTIGATION IN TERMS OF SECTION 78(3) OF THE MUNICIPAL SYSTEM ACT (From the Executive Committee: 1 February 2016 and the Special Mayoral Committee: 10 February 2016) The purpose of the report is to inform Council on the findings of the recently conducted Section 78(3) assessment as prescribed by Municipal System Act with regard to Tshwane Fresh Produce Market (Tshwane Market).

(A copy of the relevant report is filed with the official Minutes of this meeting) During consideration of this item by Council on 26 May 2016, the following Councillors participated in a debate: DJ Erasmus JT Makgatho Following responses by the Executive Mayor on inputs made during the debate, it was resolved as set out below: RESOLVED: 1. That the contents of the report be noted. 2. That an information statement be made public setting out the City’s plans for

the Tshwane Market Municipal Entity together with the assessment which the City must conduct in terms of Section 84(1) of the Municipal Finance Management Act read together with the provisions of Section 21A of the Municipal Systems Act.

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3. That the views of the community and other interested persons be obtained as per Section 78(3)(b)(iii) of the Municipal Systems Act as well as Section 84(2)(a)(i)(bb) of the Municipal Finance Management Act read together with the provisions of Section 21A of the Municipal Systems Act on the reports.

4. That the views of organised labour as per Section 78(3)(b)(v) of the

Municipal Systems Act As well as Section 84(2)(a)(i)(bb) of the Municipal Finance Management Act be obtained through the Local Bargaining Forum.

5. That the views of the National Treasury and the relevant Provincial Treasury,

the National and Provincial Departments responsible for local government, and the Member of the Executive Committee (MEC) for Local Government of Gauteng Province be solicited in terms of Sections 84(2)(a)(ii)(aa), 84(2)(a)(ii)(bb) and 84(2)(a)(ii)(cc) of the Municipal Finance Management Act.

6. That the final reports be submitted to Council for a final decision on the

implementation of the most appropriate service delivery mechanism, a Municipal Entity, in terms of Section 78(4) of the Municipal Systems Act for Tshwane Market.

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Reference No 89338/1 Mthobeli Kolisa (2449) COUNCIL: 26 May 2016

2. ENVIRONMENTAL MANAGEMENT SERVICES DEPARTMENT (WASTE MANAGEMENT) REPORT ON THE CURRENT STATUS OF ONDERSTEPOORT LANDFILL SITE AND ITS PROPOSED SHORT TO MEDIUM TERM WASTE DISPOSAL ARRANGEMENT POST CLOSURE PLAN (From the Mayoral Committee Cluster: Infrastructure and Community Services: 13 April 2016 and the Mayoral Committee: 4 May 2016) The purpose of the report is to: 1. Seek approval to close the Onderstepoort landfill site when it reaches its waste

disposal capacity in the course of the 2016/17 financial year. 2. Recommend a medium to long term solution of beneficiating non-recyclable

waste to produce products that maybe used as a source of primary energy in electricity production as opposed to disposing it at landfill sites.

3. Seek approval for short term measures that will have to be implemented in the

light of the closure of the Onderstepoort landfill site. IT WAS RECOMMENDED (TO THE COUNCIL: 26 MAY 2016): 1. That approval be granted for the closure of the Onderstepoort landfill site

when it reaches its waste disposal capacity during the 2016/17 financial year. 2. That the City commit to a medium to long term solution of beneficiating non-

recyclable waste to produce products that maybe used as a source of primary energy in electricity production as opposed to disposing it at landfill sites.

3. That cognisance be taken of the financial implications, and that through the

budget process, provision be made in the operations budgets of the affected Regions and the Central Waste Division to accommodate the anticipated increased costs of operations as a result of the closure of Onderstepoort landfill site.

4. That approval be granted for the City Manager to:

a. Negotiate disposal rates or purchase agreements with existing private landfill sites depending on the most economic option for the City taking into account a previous City decision of directing all waste from Regions 3 and 4 to the Kwaggasrand facility so as not to undermine the viability of the facility.

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b. Conclude the appointment process of the Kwaggasrand waste beneficiation facility to receive and process non-recyclable waste.

c. Conclude agreements with private sector partners to invest in

Municipal Recovery Facilities, waste transfer stations or waste beneficiation facilities at Onderstepoort and Temba in the short term and Heathery in the medium term ensuring that any private sector partners or service providers meet Broad Based Black Economic Empowerment requirements and commit to partner with the City in investing in a sector specific Small Micro Medium Enterprise development program.

d. Initiate and support processes of finding offtakers of refuse derived

fuel products that will be produced from the City's refuse, if the Pretoria West procurement process does not result in a solution that will utilize municipal waste as primary energy source.

During consideration of this item by Council on 26 May 2016, the following Councillors participated in a debate: Prof CJ Napier WD Peach AK Phahlane MMC P Mashaba Subsequently, Cllr IP Du Plooy seconded by Cllr PD Uys proposed the following additional recommendations:

(Unaltered)

“We recommend: 1. That the City of Tshwane launch a communication campaign

urging households to “separate their waste at source”. All dry material, plastics, tins, paper and bottles go into a separate bag which is left next to the bin for the waste collectors to pick up before the refuse truck collects the wet waste from the bins.

2. That we support and empower this brigade by providing suitable

buy-back centre in all areas of our City; and that we provide space for them to sort their materials.

3. That we recognise our trolley people as human beings with

personal and social needs, as human beings who need respect and at least a decent place to sleep before they take to the streets before dawn.

4. That the CoT embrace waste by incorporated them in a future City

of Tshwane Waste Management Strategy.”

The Council acceded to Cllr Du Plooy’s proposal.

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Following an address by the Executive Mayor on the amendment by Cllr Du Plooy and the contents of this report, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That approval be granted for the closure of the Onderstepoort landfill site

when it reaches its waste disposal capacity during the 2016/17 financial year. 2. That the City commit to a medium to long term solution of beneficiating non-

recyclable waste to produce products that maybe used as a source of primary energy in electricity production as opposed to disposing it at landfill sites.

3. That cognisance be taken of the financial implications, and that through the

budget process, provision be made in the operations budgets of the affected Regions and the Central Waste Division to accommodate the anticipated increased costs of operations as a result of the closure of Onderstepoort landfill site.

4. That approval be granted for the City Manager to:

a. Negotiate disposal rates or purchase agreements with existing private landfill sites depending on the most economic option for the City taking into account a previous City decision of directing all waste from Regions 3 and 4 to the Kwaggasrand facility so as not to undermine the viability of the facility.

b. Conclude the appointment process of the Kwaggasrand waste

beneficiation facility to receive and process non-recyclable waste. c. Conclude agreements with private sector partners to invest in

Municipal Recovery Facilities, waste transfer stations or waste beneficiation facilities at Onderstepoort and Temba in the short term and Heathery in the medium term ensuring that any private sector partners or service providers meet Broad Based Black Economic Empowerment requirements and commit to partner with the City in investing in a sector specific Small Micro Medium Enterprise development program.

d. Initiate and support processes of finding offtakers of refuse derived

fuel products that will be produced from the City's refuse, if the Pretoria West procurement process does not result in a solution that will utilize municipal waste as primary energy source.

5. That the City of Tshwane launch a communication campaign urging

households to “separate their waste at source”. All dry material, plastics, tins, paper and bottles go into a separate bag which is left next to the bin for the waste collectors to pick up before the refuse truck collects the wet waste from the bins.

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6. That the CoT we support and empower waste collectors by providing suitable buy-back centre in all areas of the City; and also provide space for them to sort their materials.

7. That the CoT recognise trolley people as human beings with personal and social needs, as human beings who need respect and a decent place to sleep before they take to the streets before dawn.

8. That waste collectors be embraced by being incorporated in future in the City of Tshwane’s Waste Management Strategy.

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Reference No 61605/1[12/1/1 Eersterust X 3 -1872] Pule Mmutlana (7540) COUNCIL: 26 May 2016 3. GROUP PROPERTY MANAGEMENT DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED DONATION OF ERF 1872, EERSTERUST EXTENSION 3 (From the Mayoral Committee Cluster: Strategy Development and Spatial Planning: 13 April 2016 and the Mayoral Committee: 4 May 2016) The purpose of the report is to obtain approval to donate Erf 1872, Eersterust Extension 3 in terms of the Municipal Finance Management Act (Act 56 of 2003) and MAT Regulation to Omega Gemeenskap Sentrum. (A copy of the relevant report is filed with the official Minutes of this meeting) During consideration of this item by Council on 26 May 2016, and after Cllr T Ernest addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That Erf 1872, Eersterust Extension 3 measuring 4 436m² in extent is not

needed to provide the minimum level of basic municipal services. 2. That Council approves the donation of Erf 1872, Eersterust Extension 3

measuring 4 436m² to Omega Gemeenskap Sentrum. 3. That the rezoning of Erf 1872 Eersterust Extension 3 from Special to the

appropriate zoning; and that such rezoning will be advertised in terms of the relevant section of the Town and Town-planning Ordinance of 1986 approved.

4. That notice of the donation envisaged in recommendation will be given in

terms of section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed donation be received, the proposed donation together with such objections and/or representations, will be submitted to Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy.

5. That any removal, moving and / or change to the existing municipal services

networks that may become necessary due to this application, will be for the applicant's cost.

6. That access to and from the site/development be to the satisfaction of the

Municipality. 7. That all required bulk services will be provided at the costs of the beneficiary.

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8. That when required the beneficiary at its costs and risks will conduct necessary traffic impact studies, geological studies or any other study necessary for the development of the land.

9. That the beneficiary will protect municipal servitudes by registering

servitudes in favour of the municipality, and there shall be no development or trees planted next to the servitudes.

10. That no development on the property will take place before approval of

development plans. 11. That the property will only be utilised for religious purposes and will revert

back to the municipality if no longer required for this purpose and that the Title Deed be endorsed accordingly.

12. That proof thereof that the Omega Gemeenskap Sentrum has been

registered in terms of Non-Profit Organisation Act of 1997 or if it is not registered in terms of Non-Profit Organisation Act of 1997, it must do so within 6 months.

13. That the proof in the form of the above mentioned church’s constitution or

founding document to confirm that it’s income and the property are not distributable to its members or office-bearers, except as reasonable compensation for services rendered.

14. That the Strategic Executive Director: City Planning and Development be

authorised to implement all town planning processes to ensure that the land use is consistent with the City of Tshwane Town Planning Scheme;

15. That the City Manager be authorised to issue and sign a Power of Attorney

to bring into effect the above recommendations. 16. That the Municipality’s further conditions of donation usually applicable to

transaction of this nature or any other condition that will be set by the Municipality will be applicable.

17. That any further structure/building being erected on the premises must

conform to the provisions of the National Building Regulations and the mentioned National Standard: SANS 10400.

18. That the Group Legal Counsel be authorised to issue a Power of Attorney to

the Purchaser so that they can lodge the applications necessary for the development of the property.

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Reference No 42227/1[12/1/1 Garankuwa Unit 21 - 821] Pule Mmutlana (7540) COUNCIL: 26 May 2016 4. GROUP PROPERTY MANAGEMENT DEPARTMENT

CORPORATE PROPERTY AND LOGISTIC SERVICES CORRECTIVE REPORT: PROPOSED DONATION OF ERF 821 GARANKUWA UNIT 21 (From the Mayoral Committee Cluster: Strategy Development and Spatial Planning: 13 April 2016 and the Mayoral Committee: 4 May 2016) The purpose of the report is to obtain approval to correct an omission on the name of the church from St Peter’s National Apostolic Church to St Peter’s National Apostolic Church in Zion as approved by Council resolution dated 30 May 2014 in terms 14 of the Municipal Finance Management Act and Regulations (Act 56 of 2003). (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That the correction of an omission on the name of the church from St Peter’s National Apostolic Church to St Peter’s National Apostolic Church in Zion as contained in purpose and resolution number 2 in Council Resolution dated 03 December 2013 be approved.

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F1/5/2 Umar Banda (8110) COUNCIL: 26 May 2016 5. GROUP FINANCIAL SERVICES DEPARTMENT

MUNICIPAL FINANCE MANAGEMENT ACT (MFMA): IN-YEAR FINANCIAL REPORT (MONTHLY BUDGET STATEMENT) FOR THE PERIOD ENDING 30 APRIL 2016 (From the Mayoral Committee: 18 May 2016)

The purpose of the report is to provide progress on the actual financial performance of the CoT against the budget in compliance with the Section 71 of the Municipal Finance Management Act (MFMA). (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: That, in compliance with Section 71 of the Municipal Finance Management Act (MFMA) and in terms of Government Notice 32141 dated 17 April 2009, regarding the “Local Government: Municipal Finance Management Act 2003 Municipal Budget and Reporting Regulations”: 1. The Accounting Officer provides the Executive Mayor with the “In-year”

report for April 2016. 2. That this statement be submitted to National Treasury and the Provincial

Treasury, in both a signed document format and in electronic format. 3. That cognisance be taken of the financial performance of the City as at

30 April 2016.

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F-9/4/1 Umar Banda CA (SA) (8100/1) COUNCIL: 26 May 2016 6. GROUP FINANCIAL SERVICES DEPARTMENT

GRANTS AND SUBSIDIES PROGRESS REPORT FOR THE PERIOD ENDED 30 APRIL 2016 (From the Mayoral Committee: 18 May 2016)

The purpose of the report is to inform Council of the progress in respect of performance of the various Inter-governmental Transfers and Grants for the period ended 30 April 2016. (A copy of the relevant report is filed with the official Minutes of this meeting)

During consideration of this item by Council on 26 May 2016, and after Cllr OS Lebese addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That the financial progress of the various grants and subsidies for the period

under review, as set out in section 7 of the report be noted. 2. That cognisance is taken of the non-receipt/delay of transfers and grants, as set

out in Table 5.1.1 of the report.

3. That cognisance is taken of the unspent transfers and grants, as set out in Table 6.3 read with section 7 of the report.

4. That the recipient Strategic Executive Directors of all transfers and grants

ensure that spending is effected as planned and reporting requirements to the respective transferring authorities are adhered to within the timeframes allocated.

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Reference No 83904/1 Dorah Nteo (3948) COUNCIL: 26 May 2016 7. OFFICE OF THE EXECUTIVE MAYOR

TABLING OF THE 2016/17 BUSINESS PLAN AND BUDGET: SANDSPRUIT WORKS ASSOCIATION (SWA) (From the Mayoral Committee: 18 May 2016) The purpose of the report is to table the 2016/17 business plan (including proposed budget) of the Sandspruit Works Association before Council in compliance with Sections 16(2) and 87(2) & (3) of the Municipal Finance Management Act, 56 of 2003 (MFMA) for consideration and comment prior to the final approval of the business plans and budgets (during May 2016) as required by the MFMA and the Municipal Budget and Reporting Regulations to the MFMA. During consideration of this item by Council on 26 May 2016, and after Cllr RMH Mokgothadi addressed Council on this matter, it was resolved as set out below:

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the 2016/17 Business Plan (including the annual budget) for Sandspruit

Works Association annexed as Annexure A, be tabled in terms of section 87(2) and (3) of the Municipal Finance Management Act.

2. That the 2016/17 Business Plans (including the annual budgets) of

Sandspruit Works Association be made available to the public and that the local community be invited to submit representations in connection with the budgets in accordance with Section 22(a) of the Municipal Finance Management Act.

3. That the 2016/17 Business Plans (including the annual budget) of the

municipal entities be submitted to the Gauteng Provincial Treasury and the National Treasury in accordance with Section 22(b) of the Municipal Finance Management Act.

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Reference No 78874/1 Dorah Nteo (3948) COUNCIL: 26 May 2016 8. OFFICE OF THE EXECUTIVE MAYOR

TABLING OF THE 2016/17 BUSINESS PLAN AND BUDGET: TSHWANE ECONOMIC DEVELOPMENT AGENCY (TEDA) (From the Mayoral Committee: 18 May 2016) The purpose of this report is to table the 2016/17 business plans (including proposed budgets) of Tshwane Economic Development Agency (TEDA) before Council in compliance with Sections 16(2) and 87(2) & (3) of the Municipal Finance Management Act, 56 of 2003 (MFMA) for consideration and comment prior to the final approval of the business plans and budgets (during May 2016) as is required by the MFMA and the Municipal Budget and Reporting Regulations to the MFMA. During consideration of this item by Council on 26 May 2016, and after Cllr DW Mosime addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the 2016/17 Business Plan (including the annual budget) for Tshwane

Economic Development Agency (TEDA), annexed as Annexure A, be tabled in terms of section 87(2) and (3) of the Municipal Finance Management Act.

2. That the 2016/17 Business Plan (including the annual budget) of Tshwane

Economic Development Agency be made available to the public and that the local community be invited to submit representations in connection with the budgets in accordance with Section 22(a) of the Municipal Finance Management Ac.

3. That the 2016/17 Business Plans (including the annual budgets) of the

municipal entity be submitted to the Gauteng Provincial Treasury and the National Treasury in accordance with Section 22(b) of the Municipal Finance Management Act.

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Reference No 85425/1 Dorah Nteo (3948) COUNCIL: 26 May 2016 9. OFFICE OF THE EXECUTIVE MAYOR

TABLING OF 2016/17 BUSINESS PLAN AND BUDGET: HOUSING COMPANY TSHWANE (HCT) (From the Mayoral Committee: 18 May 2016) The purpose of this report is to table the 2016/17 business plan (including proposed budget) of the Housing Company Tshwane (HCT) before Council in compliance with Sections 16(2) and 87(2) & (3) of the Municipal Finance Management Act, 56 of 2003 (MFMA) for consideration and comment prior to the final approval of the business plans and budgets (during May 2016) as is required by the MFMA and the Municipal Budget and Reporting Regulations to the MFMA.

During consideration of this item by Council on 26 May 2016, the following Councillors participated in a debate: E Linde DB Mosito HJ Nortje SD Rens MMC J Ngonyama It was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the 2016/17 Business Plan (including the annual budget) for Housing

Company Tshwane (HCT), annexed as Annexure A, be tabled in terms of section 87(2) and (3) of the Municipal Finance Management Act.

2. That the 2016/17 Business Plans (including the annual budgets) of Housing

Company Tshwane be made available to the public and that the local community be invited to submit representations in connection with the budgets in accordance with Section 22(a) of the Municipal Finance Management Act.

3. That the 2016/17 Business Plans (including the annual budget) of the

municipal entity be submitted to the Gauteng Provincial Treasury and the National Treasury in accordance with Section 22(b) of the Municipal Finance Management Act.

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Jafta Mhlongo Chief Audit Executive (Acting) (0947) COUNCIL: 26 May 2016 10. OFFICE OF THE CHIEF AUDIT EXECUTIVE

REPORT ON THE PERFORMANCE OF THE AUDIT AND PERFORMANCE COMMITTEE (APC) OF THE CITY OF TSHWANE AND ITS MUNICIPAL ENTITIES TO THE MAYORAL COMMITTEE FOR QUARTER 2 AND QUARTER 3 OF FINANCIAL YEAR 2015/2016 (OCTOBER 2015 – MARCH 2016) (From the Mayoral Committee: 18 May 2016)

(Remark: At the Council meeting of 26 May 2016, the Executive Mayor in terms of Section 13(5) of the Rules and Orders withdrew this report from the agenda.)

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Reference No 05008/1 Pule Mmutlana (4488) COUNCIL: 26 May 2016 11. GROUP PROPERTY MANAGEMENT DEPARTMENT

CORRECTIVE REPORT: PROPOSAL TO LEASE AIR SPACE OVER PORTION OF LYNNWOOD ROAD (REMAINDER OF PORTION 245 OF THE FARM ELANDSPOORT 357-JR) ADJACENT TO THE UNIVERSITY OF PRETORIA ON A NOMINAL RENTAL (From the Executive Committee: 16 May 2016 and the Mayoral Committee: 18 May 2016) The purpose of the report is to request permission to amend a Council Resolution dated 30 May 2014 to lease the above mentioned property at a market related rental and instead lease the property at a nominal rental. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That Council approves the nominal rental for the lease of the airspace over a

portion of Lynnwood Road (Remainder of Portion 245 of the farm Elandspoort 357-JR).

2. That resolution 4 of the Council Resolution dated 30 May 2014 on the lease

of airspace over a portion of Lynnwood Road (Remainder of portion 245 of the farm Elandspoort 357-JR) be amended by replacing the word market rental with nominal rental to read as follows:

“That the airspace over a portion of Lynnwood Road Remainder of portion 245 of the farm Elandspoort 357-JR adjacent to the University of Pretoria be leased out for a period of 30 years at a nominal rental determined by the Finance Department (Property Valuation)”.

3. That the facility to be constructed would not be used for profit purposes and

that the nominal lease be contingent to the fact that no profit making activities are carried out in the Facility.

4. That the City Manager reopens negotiations on the Bus Rapid Transit line

with the University of Pretoria.

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Reference No 31690/2 Amolemo Mothoagae (4265) COUNCIL: 26 May 2016 12. HOUSING AND HUMAN SETTLEMENT DEPARTMENT

EXTENSION OF DEVELOPMENT RIGHTS FOR TOWNLANDS, APPROVAL OF DEVELOPMENT RIGHTS FOR THE DEVELOPMENT OF SOCIAL HOUSING PROJECTS BY THE HOUSING COMPANY TSHWANE FOR TIMBERLANDS, CHANTELLE EXTENSION 39 AND EFR 708 AND ERF 709 SUNNYSIDE AND APPROVAL OF WAIVER OF BULK SERVICES CONTRIBUTIONS FOR THE IDENTIFIED PROJECTS (From the Executive Committee: 16 May 2016 and the Mayoral Committee: 18 May 2016) The purpose of the report is to seek approval from Council: 1. for the extension of development rights on the portion of the remainder of

portion 6 of the Farm Pretoria Town and Townlands 351 JR (proposed as Pretoria Ext 14 and also known as Townlands) to Housing Company Tshwane;

2. to grant development rights to Housing Company Tshwane to develop the

following projects as institutional (social) housing: a. Erf 1118, Arcadia ( also known as Timberland);

b. Portion 38 and Portion 124 of the farm Hartebeeshoek 303 – JR, Chantelle

Ext 39

c. Erf 708, Portion 1 of Erf 1 of Erf 709, Portion 2 of Erf 709 and the remaining extent of Erf 709, Sunnyside

3. to waive bulk services contributions for the above identified projects. (A copy of the relevant report is filed with the official Minutes of this meeting)

During consideration of this item by Council on 26 May 2016, and after Cllr T Ernest addressed Council on this matter, it was resolved as set out below:

RESOLVED: 1. That approval be granted for the extension of development rights to Housing

Company Tshwane to develop Portion of the Remainder of Portion 6 of the Farm Pretoria Town and Townlands 351 JR (Pretoria Extension 14) at no cost, for a period of thirty (30) years.

2. That approval be granted for the development rights to the Housing

Company Tshwane at no cost, for a period of thirty (30) years, to develop the following properties:

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2.1 Erf 1118, Arcadia (known as Timberlands); 2.2 Remainder of Portion 38 and Portion 124 Hartesbeesthoek 303-JR (known

as Chantelle Extension 39). 2.3 Erf 708, portion 1 of Erf 1 of Erf 709, portion 2 of Erf 709 and the remaining

extent of Erf 709; provided that 2.3.1 Housing Company Tshwane utilizes the land only for the development

of institutional housing, which may include the provision of complimentary facilities for the purpose of the development.

2.3.2 Housing Company Tshwane does not transfer the property to any third party.

2.3.3 Housing Company Tshwane develops the land in accordance with 2. above within a period of five years; and further manages the social housing schemes for a period not exceeding thirty (30) years.

2.3.4 Should Housing Company Tshwane fail to develop the land within five (5) years, the land automatically reverts back to the City of Tshwane Metropolitan Municipality without reimbursement of any costs incurred.

3. That the City Manager be mandated to enter into an agreement with Housing

Company Tshwane regarding the extension of developments right for the Townlands project.

4. That the City Manager be mandated to enter into an agreement with Housing

Company Tshwane regarding the developments right for the Timberlands, Chantelle Extension 39 and Sunnyside social housing projects.

5. That approval be granted to the waiver of bulk services contribution by

Housing Company Tshwane for the development of the four (4) projects, to the amount of R82, 290,232.95.

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REF NO: 42312/1 Makgorometje Makgata (0940) COUNCIL: 26 May 2016 13. CITY PLANNING AND DEVELOPMENT DEPARTMENT

REPORT ON THE PROPOSED LAND SWAP BETWEEN THE CITY OF TSHWANE AND MAPONYA’S INVESTMENT HOLDINGS (PTY) LTD (From the Mayoral Committee: 6 April 2016, the Joint Mayoral Committee Cluster: 11 May 2016 and the Mayoral Committee: 18 May 2016) The purpose of the report is to obtain approval to enter into a land swap agreement with Maponya Investment Holdings to exchange a proposed figure ABCD of the farm Sjambok Zijn Oudekraal 258 JR, proposed figure ABCDEFGHJK of the remainder of portion 6 of the farm Town and Townlands 356 JR and Erf 34042 Mamelodi Extension 6 owned by the City of Tshwane with erven 248 to 255, Ga-Rankuwa Unit 16; erf 8383 Ga-Rankuwa unit 16; erf 437 Mabopane unit E and Portion 43 of the farm Mabopane No 702 JR owned by Maponya Investment Holdings. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the proposed figure ABCD of the farm Sjambok Zijn Oudekraal 258 JR,

a portion of the remainder of portion 6 of the farm Town and Townlands 356 JR and Erf 34042 Mamelodi Extension 6 as depicted in Annexure 2, owned by the City of Tshwane, be exchanged for Erven 247 to 258 Garankuwa unit 16; Erf 8383 Ga-Rankuwa Unit 4; Erf 437 Mabopane Unit E and portion 43 of the farm Mabopane 702 JR.

2. That proposed figure ABCD of the farm Sjambok Zijn Oudekraal 258 JR,

proposed figure ABCDEFGHJK of the remainder of portion 6 of the farm Town and Townlands 356 JR and Erf 34042 Mamelodi Extension 6 are not needed for minimum basic services.

3. That the fair market value, the economic and community value to be received in exchange of the properties has been determined as set out in the report.

4. That the exchange of the properties in terms of section 14(2) of the Local

Government: Municipal Finance Management Act, 2003 (Act 56 of 2003) and the Municipal Asset Transfer Regulation (regulation 5(1)(b)(i) and (ii) be approved.

5. That any removal, moving and / or change to the existing municipal services

networks on proposed figure ABCD of the farm Sjambok Zijn Oudekraal 258 JR, proposed figure ABCDEFGHJK of the remainder of portion 6 of the farm Town and Townlands 356 JR and Erf 34042 Mamelodi Extension 6 and that may become necessary due to this transaction, will be for the cost of Maponya Investment Holdings or its subsidiaries.

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6. That all required bulk services on proposed figure ABCD of the farm Sjambok Zijn Oudekraal 258 JR, proposed figure ABCDEFGHJK of the remainder of portion 6 of the farm Town and Townlands 356 JR and Erf 34042 Mamelodi Extension 6 will be provided at the costs of Maponya Investment Holdings or its subsidiaries.

7. That if and when required, Maponya Investment Holdings or its subsidiaries,

at their costs and risks will conduct necessary traffic impact studies, geological studies, environmental impact study or any other study necessary for the development of the proposed figure ABCD of the farm Sjambok Zijn Oudekraal 258 JR, proposed figure ABCDEFGHJK of the remainder of portion 6 of the farm Town and Townlands 356 JR and Erf 34042 Mamelodi Extension 6.

8. That Maponya Investment Holdings or its subsidiaries will protect municipal servitudes by registering servitudes in favour of the municipality, and there shall be no development or trees planted next to the servitudes.

9. That no development on the proposed figure ABCD of the farm Sjambok Zijn

Oudekraal 258 JR, proposed figure ABCDEFGHJK of the remainder of portion 6 of the farm Town and Townlands 356 JR and Erf 34042 Mamelodi Extension 6 will take place prior to the approval of land development applications and plans by the City of Tshwane.

10. That the submission of the said land development applications and plans and

any appoint of a professional team to undertake the application processes will be for the cost of Maponya Investment Holdings or its subsidiaries.

11. That the Municipality’s further conditions of sale usually applicable to transaction of this nature or any other condition that will be set by the Municipality will be applicable.

12. That the land swap agreement with Maponya Investment Holdings to exchange a proposed figure ABCD of the farm Sjambok Zijn Oudekraal 258 JR, proposed figure ABCDEFGHJK of the remainder of portion 6 of the farm Town and Townlands 356 JR and Erf 34042 Mamelodi Extension 6 owned by the City of Tshwane with erven 248 to 255, Ga-Rankuwa Unit 16; erf 8383 Ga-Rankuwa unit 16; erf 437 Mabopane unit E and Portion 43 of the farm Mabopane No 702 JR be a full and final settlement of account between the parties.

13. The City Manager be authorized to sign all Agreements and necessary

documents to effect the land swap.

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(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURE A)

In terms of Section 56(5) of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) as amended, the resolutions by the Mayoral Committee from its meeting held 6 April 2016 were submitted to Council for discussion/cognisance in terms of Section 13(7) of the Rules and Orders.

During the debate on Annexure A at the Council meeting of 26 May 2016, no proposal was made that the Executive Mayor be requested to reconsider any resolution, and no request was made to record any opposition to any resolution contained in these annexures.

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(b)(i) REPORTS OF OVERSIGHT AND STANDING COMMITTEES REPORTING DIRECTLY TO THE COUNCIL

The Chair of Chairs submitted to Council the following reports emanating from the Section 79 Standing and Oversight Committees for consideration as well as Annexures B for cognizance and/or discussion.

A. FROM THE SECTION 79 STANDING COMMITTEE: LOCAL GEOGRAPHICAL NAMES: 13 MAY 2016 1. City planning and Development Department

(City Planning Division) Names to populate the geographical names bank: Media and communication (From the Section 79 Standing Committee: Local Geographical Names: 13 May 2016) ………………………………….. 41

2. City planning and Development Department

(City Planning Division) Names to populate the geographical names bank: Positive attributes and encouragement (phase 3) (From the Section 79 Standing Committee: Local Geographical Names: 13 May 2016) ………………………………….. 42

3. City planning and Development Department

(City Planning Division) Names to populate the geographical names bank: Mathematics (phase 6) (From the Section 79 Standing Committee: Local Geographical Names: 13 May 2016) …………………………………. 43

B. FROM THE SECTION 79 STANDING COMMITTEE:

PUBLIC ACCOUNTS: 13 MAY 2016 4. Group Financial Services Department (Financial Reporting and Assets) Creditors Age Analysis as at 31 January 2016 for the City (From the Section 79 Standing Committee: Public Accounts:

13 May 2016)……………………………………………………………. 44 5. Group Financial Services Department (Financial Reporting and Assets) Creditors Age Analysis as at 29 February 2016 for the City (From the Section 79 Standing Committee: Public Accounts: 13 May 2016)…………………………………………………………….. 45

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6. Group Financial Services Department (Supply Chain Management Division) Intervention methods that will enable the City to reach its BEE spending targets as per the MPAC resolution of 27 November 2015 on the Supply Chain Performance Report of the 4th quarter 2014/15 Financial Year (From the Section 79 Standing Committee: Public Accounts: 13 May 2016)…………………………………………………....................... 46

C. FROM THE SECTION 79 STANDING COMMITTEE:

RULES AND ETHICS: 20 MAY 2016

7. Referral of allegations on the alteration of the Annual Financial Statement following the submission by the Auditor General by Councillor KR Mathebe during Council Meeting of the 24 March 2016 (From the Section 79 Standing Committee: Rules and Ethics: 20 May 2016) ………………………………………………………. 47

41

Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 26 May 2016

1. CITY PLANNING AND DEVELOPMENT DEPARTMENT (CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: MEDIA AND COMMUNICATION (From the Section 79 Standing Committee: Local Geographical Names: 13 May 2016)

The purpose of this report is to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank.

(A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: That the proposed names, as indicated in Annexure A, be approved for inclusion in the Geographical Names Bank.

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Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 26 May 2016

2. CITY PLANNING AND DEVELOPMENT DEPARTMENT

(CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: POSITIVE ATTRIBUTES AND ENCOURAGEMENT (PHASE 3) (From the Section 79 Standing Committee: Local Geographical Names: 13 May 2016)

The purpose of this report is to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank.

(A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: That the proposed names, as indicated in Annexure A, be approved for inclusion in the Geographical Names Bank.

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Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 26 May 2016

3. CITY PLANNING AND DEVELOPMENT DEPARTMENT (CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: MATHEMATICS (PHASE 6) (From the Section 79 Standing Committee: Local Geographical Names: 13 May 2016)

The purpose of this report is to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That the proposed names, as indicated in Annexure A, be approved for inclusion in the Geographical Names Bank.

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ST-B18/1 U Banda (012 358-8100) COUNCIL: 26 May 2016 4. GROUP FINANCIAL SERVICES DEPARTMENT (FINANCIAL REPORTING AND ASSETS) CREDITORS AGE ANALYSIS AS AT 31 JANUARY 2016 FOR THE CITY

(From the Section 79 Standing Committee: Public Accounts: 13 May 2016) The purpose of this report is to provide an update on creditor’s age analysis for the City. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognizance is taken of the creditor’s age analysis as at 31 January

2016.

2. That the Section 79 Standing Committee: Public Accounts undertake an Inspection-in-Loco on a date to be determined specifically with regard to the work of Accounts Payable in order for Committee to identify possible gaps.

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ST-B18/1 U Banda (012 358-8100) COUNCIL: 26 May 2016 5. GROUP FINANCIAL SERVICES DEPARTMENT (FINANCIAL REPORTING AND ASSETS) CREDITORS AGE ANALYSIS AS AT 29 FEBRUARY 2016 FOR THE CITY (From the Section 79 Standing Committee: Public Accounts: 13 May 2016)

The purpose of this report is to provide an update on creditor’s age analysis for the City. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That cognizance is taken of the creditor’s age analysis as at 29 February 2016.

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SCM QUARTERLY REPORT Bongani Mntambo COUNCIL: 26 May 2016

6. GROUP FINANCIAL SERVICES DEPARTMENT (SUPPLY CHAIN MANAGEMENT DIVISION)

INTERVENTION METHODS THAT WILL ENABLE THE CITY TO REACH ITS BEE SPENDING TARGETS AS PER THE MPAC RESOLUTION OF 13 NOVEMBER 2015 ON THE SUPPLY CHAIN PERFORMANCE REPORT OF THE 4TH QUARTER 2014/15 FINANCIAL YEAR

(From the Section 79 Standing Committee: Public Accounts: 13 May 2016)

The purpose of the report is to provide information on the intervention methods

undertaken by the SCM Division to enable the City to reach its BEE spending

targets.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of the contents of this report.

2. That future SCM Quarterly Reports to include:

• Performance of all committees.

• No Quorum report and measures taken against non-attending members.

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MD MATSENA (358 8065) COUNCIL: 26 May 2016

7. REFERRAL OF ALLEGATIONS ON THE ALTERATION OF THE ANNUAL FINANCIAL STATEMENT FOLLOWING THE SUBMISSION BY THE AUDITOR GENERAL BY COUNCILLOR KR MATHEBE DURING COUNCIL MEETING OF THE 24 MARCH 2016 (From the Section 79 Standing Committee: Rules and Ethics: 20 May 2016)

The purpose of this report is for the Rules and Ethics Committee to determine whether the allegations made by Councillor KR Mathebe at the Council meeting of the 24th March 2016, constitutes contravention of the Code of Conduct for Councillors.

IT WAS RECOMMENDED (TO THE COUNCIL: 26 MAY 2016):

1. That cognisance be taken of this report.

2. That Cllr Mathebe withdraw the statement in Council.

3. That should Cllr Mathebe refuse to withdraw the statement, the Speaker shall exercise her powers in terms of section 13 of Schedule 1 of the Systems Act read with the Rules and Orders Bylaw, 2012.

During consideration of this item by Council on 26 May 2016, and after the recommendation was approved by Council, Cllr JD Muller (Chairperson of the Section 79 Standing Committee: Rules and Ethics) in line with recommendations 2 and 3 of the report requested that Cllr Mathebe withdraw her statement in Council, failing which the Speaker exercise her power in terms of Item 13 of Schedule 1 of the Systems Act read with the Rules and Orders By-law, 2012.

In response, Cllr Mathebe indicated that she cannot withdraw the said statement as she had, in her opinion, stated facts, and as the Rules and Ethics Committee did not call for information from the Section 79: Standing Committee: Public Accounts that would have served as evidence in this regard.

Hereafter the Speaker indicated that given the refusal by Cllr Mathebe to withdraw the relevant statement, necessary steps will be taken in this regard in accordance with Item 13 of the Code of Conduct for Councillors, (Schedule 1 of the Municipal Systems Act).

It was thereafter resolved as set out below:

(A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED:

1. That cognisance be taken of this report.

2. That it be noted that Cllr Mathebe was not prepared to withdraw the statement in Council, 26 May 2016.

3. That, since Cllr Mathebe did not withdraw the statement, the Speaker shall exercise her powers in terms of Item 13 of Schedule 1 of the Municipal Systems Act read with the Rules and Orders Bylaw, 2012.

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(b)(ii) RESOLUTIONS THE STANDING COMMITTEES REPORTING TO COUNCIL (ANNEXURE B)

During the debate of Annexure B at the Council meeting of 26 May 2016, no

proposal was made for the Section 79 Standing Committee: Petitions to reconsider any resolution.

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G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN

QUESTIONS SUBMITTED BY COUNCILLORS IN TERMS OF SECTION 10(1)(b) OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY: COUNCIL MEETING : 26 MAY 2016 The Speaker indicated that the Office of the Executive Mayor has received a number of questions from Councillors and in terms of the Rules and Orders, answers to these questions will be handed directly to the relevant Councillors or their respective whips.

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1. QUESTIONS BY CLLR PROF CJ NAPIER

In performing their duties, Tshwane officials and Tshwane contract workers have to enter private property.

1. Is there a policy in place regulating the entry of Tshwane officials to private property?

2. If such a policy exists, does it stipulate the hours during which such entry may

be permitted and the necessity for the presentation of official identification? 3. If not, should not such a policy be devised and implemented to assist officials in

entering private properties in the interests of efficient service delivery and security considerations?

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2. QUESTIONS BY CLLR H WEBER Numerous times I have asked about the Truck Stop in Bronkhorstspruit Town. There was a plan submitted 6 years ago for a Public Private Partnership to establish such a necessary place. The Municipality in their wisdom undertook to build this using the plans which had been submitted. This was started in about October last year but is still a mess and looks as if it will be another incomplete job which region 7 is subjected to .All the machinery has been taken away so I presume there is no money left to complete the construction.

Set 1. When does the municipality intend finishing this construction which is a total mess and is at one of the entrances to the town?

Set2. Is the Municipality aware of the havoc that these trucks cause in the town? If not, why not? Set3.

In the early hours of Sunday the 16th April one of these huge trucks tried to negotiate a small road destroying a mini-substation leaving the whole town without electricity for several hours. Who is responsible for this damage? We the tax payers? Or the owner of the truck?

Set4.

7 years ago there was a suggestion tabled for a by-law forbidding trucks above 3 tons to come into the town because our roads are being destroyed as well as our storm water drains, traffic signs and pavements. They were forbidden to park in the main road at certain hours, mysteriously these signs are missing? Why is it taking so many years to promulgate such simple by-laws? I have been told for the last 5 years there will be a workshop on by-laws, even the Metro Police are toothless because they do not know what by-laws to implement if any? When will this workshop be held? In the next month, 2 months or when our town has reached a state of no repair?

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3. QUESTIONS BY CLLR LJ WELMANS

BACKGROUND With regard to the Kameeldrift Road in Kameeldrift, COT Region 5 where street lighting was recently installed and the Gauteng Province MEC for Roads and Transport indicated that it was a COT project.

QUESTION 1

Could the Executive Mayor please indicate which contractor was responsible for the street light installation particularly where the road passes the Poort Primary School?

QUESTION 2

What specifications for the installation were stipulated?

QUESTION 3

Why was no concrete installed around the poles to anchor them and why are the poles situated so close to the road?

QUESTION 4

Was the contractor paid for the installation?

QUESTION 5

Who signed off on the completion of the installation and was the relevant and responsible Department/s satisfied with the work?

QUESTION 6

Were any deviations from the original contract sanctioned and if “yes” why? OUESTION 7 Were any snags identified before sign and if yes were these satisfactorily dealt with the contractor?

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4. QUESTIONS BY CLLR S MULLER Background: In Ward 82 there are a number of challenges regarding development, the completion of projects and the lack of service delivery. The R 52 Million storm water canal upgrade in Menlo Park is nearing completion, but the final amount has been removed from the IDP. The water network refurbishment project in Maroelana, Alphen Park and Ashlea Gardens has shown on the IDP for 3 years, yet the pipes remain the old pipes which burst regularly and waste millions of liters of water, costing the rate payers in lost water. Development is hampered when basic services are not connected to new development, despite payment for installation of electrical and water connections. This places rental contacts in jeopardy. The C9 system was off line for more than a week, preventing the circulation of reports for comment and finalization, once again holding up development and placing leasing agreements in jeopardy. In a ward with the highest densification on the City, this lack of services provided is hampering the development and densification, and damaging investor confidence. With this in mind will the honorable Mayor please answer the following questions: 1. Why was the final R 4 million of an R 52 Million project on the Menlo Park storm water canal withdrawn for the 2016/17 financial year? 2. When will the funding for the finalization of this phase of the project be made available? 3. Why has the water network in Maroelana, Ashlea Gardens and Alphen Park not been refurbished? 4. When will the water network in the areas in the above question be refurbished? 5. What has been the escalated cost to refurbish this water pipe network since

2012 due to this delay? 6. What is the reason for the lack of progress on the water network refurbishment in these areas? 7. Why has the water connection at erf 157 Lynnwood not been implemented?

Why has the developer waited 2 months after payment of connection fees? 8. The development in Umgazi road Menlo Park/Ashlea Gardens has been delayed due to the C9 system being off line. Has this system been repaired/upgraded to avoid a repeat of this delay? If not why not?

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9. Officials who are required to comment of such circulated reports within days are taking weeks before commenting. This in turn delays development. What are the time frames for commenting on reports for the following department:

• Roads and storm water

• Water and Sanitation

• Electricity

• Legal department 10. What are the penalties for departments/officials who do not comment within the time frames in the above question?

• Roads and storm water

• Water and Sanitation

• Electricity

• Legal department 11. Why did the electrical connection to the new Vodacom sub-station in The Hillside Lynnwood take 2 years to connect? Has the connection been finalized? 12. Did the developer in question 11 have to buy their own electrical cable, even

after paying the full connection fee which included the cable? If yes, then why?

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5. QUESTIONS BY CLLR MS SHACKLETON I refer to the City of Tshwane’s Whistle Blowing Policy, adopted by Council on 31 July 2014. 1. Clause 3.3 of the policy states that it aims to “reassure employees that they will be protected from reprisals or victimisation for whisle-blowing in good faith.”

Kindly provide specifics as to how employees are reassured of the above and how they are protected.

2. Clause 9 of the policy states that “this policy will be reviewed on an annual

basis to keep pace with technological and legislative changes that affect it.”

Please advise if the policy has in fact undergone an annual review process since its adoption, and if so, what changes, if any, were made.

3. Kindly indicate as to why the Public Protector is omitted from clause 12.1 of the policy. 4. Please inform writer why time frames are missing from clause 12.4 of the policy, which indicates that the City of Tshwane will write to the complainant. 5. Kindly indicate within what period of time a complainant can expect a written response from the City of Tshwane, since the date of laying their complaint. 6. Please indicate how the Protected Disclosure Coordinator envisaged in clause 13 of the policy is appointed. 7. Is the Protected Disclosure Coordinator an objective, independent, person (i.e. not an employee of the City of Tshwane)? 8. If not, why not? 9. Clause 15.1 of the policy states that “in order for this policy to be sustainable, it must be supported by a structured education, communication and awareness program.”

Please indicate if such a program has in fact taken place, and if so, if it is continuing.

10. If it has not taken place at all, kindly inform writer why not.

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H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS MEETING OF:

28 APRIL 2016

There were none.

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I. NEW MOTIONS

A. MOTION 78: REVIEW OF BY-LAWS ON CEMETERIES AND CREMATORIA

MOTION IN TERMS OF SECTION 18 OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY

The Speaker indicated that she had received the following motion from Cllr DJ Erasmus, seconded by Cllr WD Peach:

(Unaltered)

“This council resolves to review the bylaws on cemeteries and crematoria.”

The Speaker hereafter explained the provisions of Section 19(3) of the Rules and Orders and further indicated that upon investigation by the Office of the Speaker in collaboration with the relevant Department, it was established that the review of the said By-law was already in process. Based on the above explanation, the Speaker disallowed the motion in terms of Section 19(3) of the Rules and Orders.

RESOLVED:

That motion 78 be disallowed in terms of Section 19(3) of the Rules and Orders.

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B. MOTION 79: MUNICIPAL ACCOUNTS

MOTION IN TERMS OF SECTION 18 OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY The Speaker indicated that she had received the following motion from Cllr H Weber, seconded by Cllr MA Ngwenya:

(Unaltered)

“Ever since the merger of Metsweding into the City of Tshwane, many municipal accounts have problems. The problem has been brought to the attention of the Mayor and various MMC's. Questions have been asked and promises made of qualified personnel to be deployed to sort out this outstanding problem.

That Council notes: That residents are sick and tired of the incompetence of some officials. That after 5 years of incorporation into Tshwane many accounts are still not sorted out. Therefore Council resolves that: 1. Competent staff will be available to attend to problematic accounts at times to

be advertised in the local Newspaper. 2. That adequate notification is given before electricity is cut as prescribed by

law. 3. That accounts under dispute will be quickly sorted out and not left for months

and then addressed. 4. That electricity cut off incorrectly be readily reconnected and not left for days. 5. That electricity be read more frequently and not estimated for months. 6. That meter readers be equipped with the proper tools to open meter boxes

and not revert to screw drivers and tire levers thus damaging boxes. 7. That accounts that have been settled not be brought out of the archives and

the same story starts again. 8. That revenue charges be spelt out.”

The Speaker hereafter explained that the Councillor in her motion proposes eight steps that would, in her opinion, enhance service delivery with regards to the City’s management of Municipal Accounts. The Speaker further indicated that following responses by the Acting Group Chief Financial Officer on all proposals, it became evident that the City of Tshwane was indeed adhering to the clear procedures and legislative requirements in addressing the matters.

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The Speaker furthermore indicated that, given the fact the legal requirements, procedures and policies relating to the management of Municipal Accounts were already in place and adhered to, the approval of this motion would be impractical and therefore disallowed the motion in terms of Section 19(3) of the Rules and Orders.

RESOLVED:

That motion 79 be disallowed in terms of Section 19(3) of the Rules and Orders.

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J. PETITIONS

The following Petitions were submitted at the Council meeting of 26 May 2016 in terms of Section 16(1) of the Rules and Orders: 1. Petition concerning a derelict house located at the intersection Gold and

Limpopo Avenue, Lyttleton, Ward 57, Brooklyn (by Cllr Prof CJ Napier).

2. Petition requesting the upgrading of facilities at a taxi rank in Centurion between Lention, South and Gerhardt Streets, Ward 57 (by Cllr Prof CJ Napier).

3. Petition requesting urgent action to be taken regarding crimes in the

Fountains Valley area, Groenkloof (by Cllr MM Buthelezi).

4. Petition regarding an illegal squatter camp in Boyls Street, Pierre van Rynewelt, Ward 79 (by Cllr VA Bosch).

5. Petition requesting the implementation of two speed bumps in Crots Street,

Ward 54 (by Cllr E Linde).

6. Petition requesting for a R4 million rand funding to complete the Menlo Park Storm Water Canal in Lynwood Road, Ward 82 (by Cllr S Muller).

7. Petition requesting the construction of speed ramps in Morkel and Miller

Streets, Danville, Ward55 (by Cllr F Van Wyk).

8. Petition requesting the implementation of traffic calming measures in Water Avenue, Waverly (by Cllr FC Smith).

9. Petition requesting the rendering of bus services in Garankuwa (by Cllr JP Rammushi).

10. Petition requesting the construction of a tarred road in Pienaarspoort Road, Mamelodi (by Cllr DJ Erasmus).

RESOLVED: That the abovementioned Petitions be referred to the Section 79 Standing Committee: Petitions to be dealt with in terms of Section 16(2) of the Rules and Orders.

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K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF THE MEETING, AT THE DISCRETION OF THE SPEAKER

1. Office of the Speaker

Council Rising One Month Prior to Local Government Elections, Set for 3 August 2016, as per Government Gazette 40007 of 23 May 2016; and Programme of meetings for July 2016 ……………………………………………………………………... 62-63

2. Office of the Executive Mayor

Proposed Donation of a To-Be-Divided Portion of the remainder of Portion 20 of the Farm Olievenhoutbosch 389-JR to the enlightened Christian Gathering Church

(From the Mayoral Committee: 16 March 2016) ………………………. 64-66

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MD Matsena (012 358 8065) COUNCIL: 26 May 2016 1. OFFICE OF THE SPEAKER

COUNCIL RISING ONE MONTH PRIOR TO LOCAL GOVERNMENT ELECTIONS, SET FOR 3 AUGUST 2016, AS PER GOVERNMENT GAZETTE 40007 OF 23 MAY 2016; AND PROGRAMME OF MEETINGS FOR JULY 2016

The purpose of this report is to take cognizance of Government Gazette 40007 of 23 May 2016 (Government Notice 562 of 2016) setting the date for Local Government Elections as 3 August 2016, to obtain Council approval for the Council to rise one month prior to the Local Government Elections, and to obtain Council approval for its Programme of meetings for July 2016. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That it be noted that 3 August 2016 is set as the date for Local Government

Elections as per Government Gazette 40007 of 23 May 2016 (Government

Notice 562 of 2016).

2. That the Council rise in preparation for the 3 August 2016 Local Government

Elections, from 1 July 2016 to 2 August 2016 on the following conditions:

2.1 That no Section 79 Committee meetings be scheduled for the period 1 July

2016 to 2 August 2016.

2.2 That the Programming Committee meeting be scheduled for Tuesday, 19

July 2016.

2.3 That Political Party Caucus meetings, in preparation for the monthly Council

meeting, be scheduled for Wednesday, 20 July 2016.

2.4 That the monthly Council meeting for July 2016 be scheduled for Thursday,

21 July 2016.

2.5 That a Special Council meeting be scheduled for Thursday, 28 July 2016,

that all outstanding minutes of meetings of Council and Committees prior to

28 July 2016 be listed and put for approval / amendment by the respective

Committees and Council during the Special Council meeting, and that the

minutes of this Special Council meeting of 28 July 2016 be submitted to the

newly declared Council for cognisance only.

3. That the 7 working day rule for the dispatching of Council reports, Section 2

of the Rules and Orders, be waived where necessitated for purposes of the Council meeting of 21 July 2016.

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4. That the Council’s Programme of meetings for July 2016 as contained in this report be approved.

5. That any necessitated amendment to the Council’s Programme of meetings

for July 2016 be delegated to the Speaker to do so after consultation with the relevant role players.

6. That the Strategic Executive Head: Secretariat of Council submits a report

on the Annual Programme for the remainder of the 2016/17 Financial Year for consideration to the newly elected Council at its First Meeting, following its declaration.

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EI/OEM/MC/01/02/2016 COUNCIL: 26 May 2016 2. OFFICE OF THE EXECUTIVE MAYOR

PROPOSED DONATION OF A TO-BE-DIVIDED PORTION OF THE REMAINDER OF PORTION 20 OF THE FARM OLIEVENHOUTBOSCH 389-JR TO THE ENLIGHTENED CHRISTIAN GATHERING CHURCH (From the Mayoral Committee: 16 March 2016)

1.1 The purpose of the report is to obtain approval to donate a proposed portion

of the Remainder of Portion 20 of the farm Olievenhoutbosch 389-JR to the

Enlighted Christian Gathering Church in terms of the Municipal Finance

Management Act (Act 56 of 2003), MAT Regulations and the City’s

Alienations Policy.

1.2 To rescind the Council Resolution, pertaining to the said parcel, dated 24

June 2010: Proposed alienation of strategic land parcels as approved by

Council.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That Council rescind the Council Resolution dated 24 June 2010: Proposed

alienation of strategic land parcels (Annexure C) in relation to the parcel

concerned.

2. That the property (Remainder of Portion 20 of the Farm Olievenhoutbosch

389-JR) of this report is not required to provide the minimum level of basic

municipal services.

3. That Council authorises the division of the Remainder of Portion 20 of the

Farm Olievenhoutbosch 389-JR, into 2 portions as indicated in the sketch

plan attached hereto as Annexure A, measuring approximately 8 hectares

and 56 hectares respectively.

4. That the fair market value, the economic and community value in relation to

the property has been determined as set out in the report and as per

Annexure B.

5. That Council waives the provision of Clause 5, Chapter 2 of the Alienations

Policy of the City of Tshwane for the purposes of effecting the proposed

recommendations of this report.

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6. That the Council approves the donation the property in terms of section 14(2)

of the Local Government: Municipal Finance Management Act, 2003 (Act 56

of 2003) and the Municipal Asset Transfer Regulation (regulation 5(1)(b)(i)

and (ii)) to the Enlightened Christian Gathering Church.

7. That notice of the donation envisaged will be given in terms of section 79(18)

of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed donation be received, the proposed donation together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the Municipal Asset Transfer Regulation.

8. That any removal, moving and / or change to the existing municipal services

networks that may become necessary due to this alienation, will be for the church’s cost.

9. That access to and from the sites/development be to the satisfaction of the

Municipality. 10. That all required bulk services will be provided at the costs of the church. 11. That the donation be subjected to the applicant paying at its own cost

regarding all the property to be transferred, for bulk services, developmental land use applications, potential move of municipal services, registration of servitudes, traffic impact studies, geological studies, environmental impact study or any other study and related processes as required for the execution of the transaction.

12. That a Power of Attorney be issued to the Enlighted Christian Gathering

Church in order to execute all the applications and processes referred to in this recommendations required to comply with all Council policies and legislation.

13. That the church will protect municipal servitudes by registering servitudes in

favour of the municipality, and there shall be no development or trees planted next to the servitudes.

14. That no development on the properties will take place prior to the approval of

the township establishment application and the proclamation thereof of the township as well as the approval of the Site Development Plans and Building plans.

15. That the Municipality’s further conditions of sale usually applicable to

transaction of this nature or any other condition that will be set by the

Municipality will be applicable.

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16. That proof thereof that the Enlighted Christian Gathering Church has been

registered in terms of Non-Profit Organization Act of 1997 or if they are not

registered in terms of Non-Profit Organization Act of 1997, they must do so

within 6 months.

17. That proof in the form of the above mentioned churches constitution or

founding document to confirm that their income and properties are not

distributable to their members or office-bearers, except as reasonable

compensation for services rendered.

18. That the applicant, at their risk and cost, undertake the necessary planning

applications, in relation to the portion to be divided, to ensure that the

appropriate land use rights are in place prior to the commencement of any

development.

19. That the Group Legal Counsel be authorised to issue a Power of Attorney to

the applicant to enable the applications necessary for the development of the

property.

20. That the Remainder of Portion 20 of the Farm Olievenhoutbosch 389-JR be

divided to exclude the existing N14 Highway traversing along the southern boundary of the said Portion at the cost and risk of the applicant.

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L. CONCLUSION

The Speaker thanked all Councillors for their valuable inputs during the meeting and declared the meeting closed at 15:39.