council minutes for approval at - example.com calendar...ngwenya cb 97. ngobeni lm 98. ngobeni mr...

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COUNCIL MINUTES FOR APPROVAL AT THE 43rd COUNCIL MEETING OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY (THIRD TERM OF THE CITY OF TSHWANE), TO BE HELD ON 23 APRIL 2015 AT 10:00.

Council Meeting of the City of Tshwane Metropolitan Municipality held on 26 MARCH 2015 at 10:00

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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 MARCH 2015 at 10:00

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COUNCILLORS PRESENT: COUNCIL MEETING: 26 MARCH 2015

ANC:

PROPORTIONAL

1. Ramokgopa, KD (Executive Mayor) (Apology) 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 11. Huma SE 12. Kekana RJ 13. Khalo T (Prof) (Apology) 14. Lebese OS (Absent) 15. Lehobye DJ 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 27. Mathafa OM 28. Mathenjwa N 29. Matjila MG 30 Maseko NE 31. Mkhize J 32. Mmoko TE 33. Modise S 34 Mohlala RJB 35. Mojela DL

36. Moselelane SEP 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 (Apology) 50. Sebopa MI 51. Zitha PB

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WARD 52. Aphane MJ 53. Baloyi JK 54. Baloyi RW 55. Boroto AS (Apology) 56. Essop M 57. Hlatshwayo PB 58. Katake NS 59. Komani NJ 60. Kwenda-Sesoko LH 61. Ledwaba DC 62. Mabelane VP 63. Mabena MJ 64. Mabona AD 65. Mahlase CM (Absent) 66. Majeng PL (Absent) 67. Makgatho JT 68. Makola MA 69. Malapane ND 70. Maluleka AM 71. Mampheko AM 72. Maredi F 73. Mareme MS 74. Marishane MS 75. Marobane MA 76. Marole LP 77. Marotola MS 78. Maseko PL 79. Mashola MS 80. Masilela JK (Absent) 81. Masombuka JB 82. Masupha NR 83. Matentjie JH 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. SB Phiri (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 (Apology) 3. Campbell AW 4. Duvenage Y 5. Dzumba KY 6. Erasmus DJ (Apology) 7. Fourie M 8. Fourie S 9. Jacobs MJ 10. Jansen J (Apology) 11. Joosub U 12. Khumalo ZC 13. Lee TW 14. Maake MR 15. Maas S 16. Mampuru MM 17. Mashego JD 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 32. Nortje HJ 33. Osman AQ 34. Peach WD 35. Pietersen IJ 36. Pretorius GC 37 Ramohoebo M 38. Rens SD 39. Shackleton MS 40. Topham BR (Apology) 41. Uys R 42. Van den Heever CM 43. Visser GP 44. Weber H (Apology) 45. Welmans LJ

WARD 46. Aucamp, MGW 47. Aucamp, M 48. Baker, DC Prof 49. Barendrecht, JW 50. Bekker CF 51. Bosch VA (Apology) 52. Boshoff CH 53. Chapman BW 54. Coetzee JJ 55. Du Plooy J 56. Engelbrecht BA 57. Erasmus GM 58. Fourie HF 59. Fourie PJ 60. Fourie RP 61. Kruger Muller ME 62. Linde E 63. Louw E 64. Mc Donald CN

65. Meyer K 66. Middelberg AWF 67. Muller S 68. Napier CJ (Prof) 69. Nel E 70. Pascoe NC 71. Prinsloo CD (Adv) 72. Smith FJ 73. Singh I 74. Spoelstra JC 75. Strijdom CE 76. Sutherland M 77 Sutton P 78. Swanepoel DJ 79. Van der Walt PA 80. Van Niekerk AM 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 (Apology) 2. Mathebe, RK

ACDP:

PROPORTIONAL 1. Kissoonduth, A

AZAPO:

PROPORTIONAL 1. Lesufi, ML

PAC:

PROPORTIONAL 1. VACANT

APC:

PROPORTIONAL 1. Mathebula, TK

REPRESENTATIVES FROM THE TRIBAL AUTHORITIES 1 Amandebele Ba Lebelo Not in attendance 2. Amandebele Nzunza Sokhulumi E Nakedi

REPRESENTATIVES FROM TWBCF

• Ms SG Mushambo Ward 14

• Mr PR Monama Ward 76

• Ms N.M Mokuwe Ward 102

• Mr FM Mokwena Ward 102

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 26 MARCH 2015

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 ……………………………….. 16 B. APPLICATIONS FOR LEAVE OF ABSENCE ………………………… 17 C. OFFICIAL NOTICES ………………………………………………….…. 18 D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER

PROPOSALS ALLOWED BY THE SPEAKER ………………………... 19-21 E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS

COUNCIL MEETINGS: ……………………………………………………. 22

• Ordinary Council: 26 February 2015

• Council In-Committee: 26 February 2015

• Special Council: 19 March 2015

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 26 MARCH 2015 F. REPORTS TO THE COUNCIL (a) REPORTS OF THE EXECUTIVE MAYOR (i) RECOMMENDATIONS TO COUNCIL

PART I: FROM THE MAYORAL COMMITTEE MEETING: 4 MARCH 2015 INDEX

PAGES

(The recommendation appears on the page indicated in brackets) 1. Corporate and Shared Services Department

(Corporate Property and Logistical Services) Proposed lease of Erf 3311, Nellmapius Extension 4 (From the Alienation Clusters: 11 November 2014 and 9 February 2015 and the Mayoral Committee: 4 March 2015) ……. 24-25

2. Corporate and Shared Services Department

(Corporate Property and Logistical Services) Proposed lease of Erf 1240 Ga-Rankuwa Unit 24 (From the Alienation Clusters: 11 November 2014 and 9 February 2015 and the Mayoral Committee: 4 March 2015) …….. 26-27


(Corporate Property and Logistical Services) Proposed lease of Erf 263, Eersterust Extension 2 (From the Alienation Cluster: 11 November, 5 December 2014 and 9 February 2015 and the Mayoral Committee: 4 March 2015) ….. 28-29

4. Corporate and Shared Services Department (Corporate Property and Logistical Services) Proposed donation of Erf 12943 Hammanskraal West Extension 1 (From the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) ………………………………… 30-31

5. Corporate and Shared Services Department (Corporate Property and Logistical Services) Proposed lease of Erf 285 Hammanskraal West (From the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) ……………………………………. 32-33

6. Corporate and Shared Services Department (Corporate Property and Logistical Services) Proposed donation of Erf 7407, Nellmapius Extension 6 (From the Alienation Cluster: 5 December 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) ……… 34-35

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7. Corporate and Shared Services Department (Corporate Property and Logistical Services) Proposed transfer of Erf 549 Ga-Rankuwa Unit 23 to the Gauteng Provincial Government (From the Alienation Cluster: 5 December 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) ………………………………………………………… 36-37

8. Corporate and Shared Services Department Corrective report: Proposed sale and transfer of Erf 3500 Pretoria and a portion of Portion 33 of Erf 2575 Pretoria (Portion of Minnaar Street) to the National Department of Public Works (From the Alienation Cluster: 11 November 2014 and the Mayoral Committees: 14 January and 4 March 2015) …….. 38-39

9. Corporate and Shared Services Department (Corporate Property and Logistical Services) Proposed transfer of a portion of Erf 8224 Stinkwater Extension 7 to the Gauteng Provincial Government (From the Alienation Cluster: 5 December 2014 and the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) …. 40-41

10. Corporate and Shared Services Department (Corporate Property and Logistical Services) Proposed transfer of Erf 7945 Nellmapius Extension 7 to the Gauteng Provincial Government (From the Alienation Clusters: 11 November and 5 December 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) …………………… 42-43

11. Corporate and Shared Services Department (Corporate Property and Logistical Services) Proposed lease of Erf 16882, Soshanguve South Extension 8 (From the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) ………………………………. 44-45


Proposed transfer of Erf 2216 Mabopane Unit U to the Gauteng Provincial Government (From the Alienation Cluster: 5 December 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) …. 46-47

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(Corporate Property and Logistical Services) Proposed donation of Erf 10225, Nellmapius Extension 8 (From the Alienation Clusters: 11 November and 5 December 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) ……………………………… 48-49

14. Corporate and Shared Services Department (Corporate Property and Logistical Services) Proposed transfer of Erf 38691, Mamelodi East to the Gauteng Provincial Government (From the Alienation Cluster: 5 December 2014, the Mayoral Committee, 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) …. 50-51


(Corporate Property and Logistical Services) Corrective report: Proposed sale, rezoning and notorialtie of portion of a portion of Daan De Wet-Nel Avenue, adjacent to of Erf 412, Dorandia X 8 and portions of the remainder of Portion 46, Wonderboom 302-JR (From Council: 28 January 2010 and 31 July 2013, the Alienation Cluster: 11 November 2014 and the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) …. 52-54

16. Group Financial Services Department (Treasury Office) Official credit rating report on City of Tshwane Metropolitan Municipality issued by Moody’s Investors Service (SA) (Pty) Ltd (From the Mayoral Committee: 4 March 2015) ………………….. 55

17. Group Audit and Risk Department Report to seek approval for the implementation of the Anti-Fraud and Corruption- Prevention Policy (From the Mayoral Committee Cluster: Governance: 17 February 2015 and the Mayoral Committee: 4 March 2015) ………………………………………………………….. 56-57

18. City Planning and Development Department (City Planning) Names to populate the Geographical Names Bank: Colours (From the Section 79 Standing Committee: Local Geographical Names: 22 January 2015 and the Mayoral Committee: 4 March 2015) ………………..………………………. 58

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19. City Planning and Development Department

(City Planning) Names to populate the Geographical Names Bank: Music, Dance and Musical Instruments (From the Section 79 Standing Committee: Local Geographical Names: 22 January 2015 and the Mayoral Committee: 4 March 2015) …………………………….. 59

20. City Planning and Development Department (City Planning) Names to populate the Geographical Names Bank: Positive Attributes and Encouragement (From the Section 79 Standing Committee: Local Geographical Names: 22 January 2015 and the Mayoral Committee: 4 March 2015) ……………………………. 60

21. City Planning and Development Department (City Planning) Approval of names to populate the Geographical Names Bank: South African Surnames (Phase 3) (From the Section 79 Standing Committee: Local Geographical Names: 22 January 2015 and the Mayoral Committee: 4 March 2015) ………………………….… 61

22. Transport Department Drongo Street Road Closure - Rua Vista Extension 12 (From the Mayoral Committee Cluster: Infrastructure and Planning: 17 February 2015 and the Mayoral Committee: 4 March 2015) ………………………………….…… 62-63


(Corporate Property and Logistical Services) Proposed sale of Erf 3833 Ga-Rankuwa Zone 3 (From the Alienation Cluster: 11 November 2014 and the Mayoral Committee: 4 March 2015) ……………………….. 64


(Corporate Property and Logistical Services) Proposed donation of Erf 8004, Nellmapius Extension 7 (From the Alienation Cluster: 5 December 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) ………………………………………………..…….. 65-66

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PART II: FROM THE MAYORAL COMMITTEE MEETING: 18 MARCH 2015

25. Group Financial Services Department Corporate monthly financial report for the period ended 31 January 2015 (From the Mayoral Committee: 18 March 2015) ……………… 67

26. City Strategies and Performance Management Department

Tabling of the City of Tshwane’s 2015/16 Integrated Development Plan (IDP) review and Service Delivery and Budget Implementation Plan (SDBIP) scorecard (From the Mayoral Committee: 18 March 2015) ………………. 68

27. Office of the Executive Mayor (Economic Intelligence) Approval for the City of Tshwane’s Development Incentives Policy (From the Mayoral Committee: 18 March 2015) ……………. 69

PART II(A): FROM THE MAYORAL COMMITTEE MEETING: 18 MARCH 2015 28. Financial Services Department (Budget Office) Pre-Community Consultation Budget – Draft 2015/16 Medium- Term Revenue and Expenditure Framework for the City of

Tshwane (From the Mayoral Committee: 18 March 2015) ………............. 70

(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURES A AND A.1)

A. SPECIAL MAYORAL COMMITTEE MEETING: 23 JANUARY 2015……………………………………………. 71

A.1 MAYORAL COMMITTEE MEETING: 4 FEBRUARY 2015 ………………………………………….. 72

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

COUNCIL

RECOMMENDATIONS TO THE COUNCIL

A. FROM THE SPECIAL COMMITTEE: INVESTIGATION INTO

ALLEGATIONS OF MISCONDUCT AS SET OUT IN SECTION 2 OF SCHEDULE 1 OF THE SYSTEMS ACT (ACT 32 OF 2000) AS CONTAINED IN THE RULES AND ORDERS BY-LAW, 2012: COUNCILLOR SB PHIRI: 3 MARCH 2015

1. Office of the Speaker

The report on the investigation of contravention of the Code of Conduct for Councillors by Councillor SB Phiri of Ward 102 (From the Special Committee: Investigation into allegations of misconduct as set out in Section 2 of Schedule 1 of the Systems Act (Act 32 of 2000) as contained in the Rules and Orders By-law, 2012 : Councillor SB Phiri: 3 March 2015) ……………………..…… 74-75

B. FROM THE SECTION 79 STANDING COMMITTEE: PUBLIC ACCOUNTS:

13 MARCH 2015 1. Office of the Speaker

Oversight report on the Annual Report of the City of Tshwane and its entities for the financial year 2013/14 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)........................................................ 78

2. Office of the Speaker Oversight report on Supply Chain Management performance report for 1st quarter of 2014/15 financial year: 01 July – 30 September 2014 (From the Section 79 Standing Committee: Public Accounts: 13 march 2015)..................................................... 79

3. Office of the Speaker Oversight report on corporate monthly and first quarter financial report for the period ended 30 September 2014 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)......................................................................... 80


Oversight report on the mid- year budget & performance assessment in terms of Section 88 of the Municipal Finance Management Act, 2003 for Municipal owned Entities for July – December 2014 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)....................................................... 81

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Oversight report on the mid-year (Section 72) performance report for 2014/15 financial year (From the Section 79 Standing Committee: Public Accounts: 13 March 2015) ........................................................................ 82


Corporate monthly and mid-year financial report for the period ended 31 December 2014 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)............................................................................. 83


Oversight report on the performance of Supply Chain Management for the 2nd quarter of the 2014/15 financial year: 01 October- 31December 2014 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)..................................................... 84

C. FROM THE SECTION 79 STANDING COMMITTEE: RULES AND ETHICS:

20 MARCH 2015

8. Office of the Speaker Questioning Council about the credibility and the integrity of the Auditor General by Councillor S Muller (From the Section 79 Standing Committee: Rules and Ethics: 24 February 2015 and the Section 79 Standing Committee: Rules and Ethics: 20 March 2015 ……………… 85 ((b)(ii) RESOLUTIONS BY OVERSIGHT AND STANDING COMMITTEES

REPORTING TO COUNCIL (ANNEXURE B)

B. SECTION 79 STANDING COMMITTEE: PETITIONS: 19 FEBRUARY 2015 ……………………….. 86

G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN ………………. 87-97

H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS MEETING ……………………………………………………………..…… 98

I. NEW MOTIONS …………………………………………………………… 99-101

J. PETITIONS ……………………………………………………………….. 102-103

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K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF

THE MEETING, AT THE DISCRETION OF THE SPEAKER …….. 104-105

1. Office of the Speaker Report on the Authorization of an Investigation into Allegations of Misconduct as set out in Section 2 of Schedule 1 of the Systems Act (Act 32 of 2000) as contained in the Rules and Orders Bylaw, 2012 by Councillor LM Ngobeni …………………………………………. 105

L. CONCLUSION …………………………………………………………..… 106

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A. OPENING: PRAYER OR MEDITATION

The Speaker, Cllr AWMK Mosupyoe-Letsholo, welcomed all present by requesting members to observe a moment of silence. The Speaker further expressed a word of welcome to the following members of the Transitional Ward-based Consultative Forums who attended Council to observe the proceedings: Ms SG Mushambo Ward 14 Mr PR Monama Ward 76 Ms N.M Mokuwe Ward 102 Mr FM Mokwena Ward 102

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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: KD Ramokgopa Prof T Khalo MMC S Pillay AS Boroto C Bosch H Weber BR Topham VA Bosch DJ Erasmus J Jansen TJ Babane SB Phiri (Special leave) AS Makaung (Special leave) (Remarks: 1. The following Councillors apologised for early departure:

M Erasmus 12:30 E Linde 12:30

2. As no leave of absence was presented for the following Councillors,

they be deemed absent without leave:

CM Mahlase PL Majeng JK Masilela OS Lebese

3. Cllr M Aucamp on behalf of the DA at this stage, requested that it be recorded that the City of Tshwane was the only Municipality at the SALGA National Assembly without Multiparty representation and indicated that this occurrence would be reported to the Minister of COGTA by the DA.)

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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. AWARDING OF TROPHY TO THE HOUSING AND HUMAN SETTLEMENT

DEPARTMENT

The Speaker informed Council about a trophy awarded to the City of Tshwane, and in particular the Housing and Human Settlement Department by SALGA for being the best performing City on expenditure against the Urban Settlement Development Grant.

The Speaker hereafter gave the Acting Executive Mayor an opportunity to present the mentioned trophy to the MMC for Housing and subsequently presented the trophy.

2. ACKNOWLEDGEMENT OF METRO POLICE OFFICIALS: APPREHENDING

ESCAPEE ON 13 MARCH 2015

The Speaker informed Council about a letter she received from the Department of Correctional Services regarding the following three Metro Police Officers who assisted a member of the mentioned Department in apprehending an escapee, namely Constables KC Tlamama, DT Mohlamme and LRJ Maboa. The Speaker further mentioned that after consultation with the MMC for Community Safety, it was deemed proper to invite the mentioned Metro Police Officers to the Council meeting in order for Council to acknowledge their dedication and express gratitude in this regard. She thereafter requested that the three Metro Police Officers be called to approach the podium for the MMC to do the necessary honours.

3. LATE BUT URGENT REPORTS IN TERMS OF LEGISLATION

The Speaker explained that the urgent reports contained in Parts II and II(A) of the agenda were received from the Office of the Executive Mayor, on 18 and 23 March 2015 respectively, and delivered to Councillors on SharePoint on 20 and 23 March 2015 respectively. She further explained that these reports were urgent and, as timeframes are legislated would serve in the Council meeting. The Speaker furthermore indicated that the Executive Mayor would also speak on these reports when submitting his reports to Council.

4. REPORTS ALLOWED BY THE SPEAKER 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 the discretion of the Speaker.

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The Speaker further indicated that she had allowed the following report to be considered for cognisance in terms of the said provision of the Rules and Orders. This report came as a result of letters received from the Deputy Director-General, Local Government Administrative and Institutional Systems and Minister of COGTA respectively, requesting the Council to investigate certain allegations of misconduct against Cllr LM Ngobeni. She further indicated that the Minister also requested that Council reported back to him on the matter as soon as possible:

• Office of the Speaker Report on the Authorization of an Investigation into Allegations of Misconduct as set out in Section 2 of Schedule 1 of the Systems Act (Act 32 of 2000) as contained in the Rules and Orders Bylaw, 2012 by Councillor LM Ngobeni

The Speaker hereafter explained that the Minister of COGTA announced at the SALGA National Assembly on 25 March 2015 that the Notice on the Determination of the Upper Limit of Salaries, Allowances and Benefits of Municipal Councillors would be promulgated on 25 March 2015 at 16:00.

The Speaker furthermore explained that the report in this regard was currently in process of being finalised and if finalised before the end of Council meeting, it would be tabled for consideration and if not finalized by the end of the Council meeting, a Special Council meeting would be convened as soon as possible thereafter.

• Office of the Speaker Determination of the Upper Limits of Salaries, Allowances and Benefits of different Members of the Municipal Council

These reports would be dealt with towards the end of the meeting.

5. MEDIHELP TO ASSIST COUNCILLORS WITH THEIR ACCOUNT QUERIES

The Speaker informed Council about the Medihelp staff who had been in Council at the round table in the foyer to assist Councillors with their Medical account/membership queries and further encouraged Councillors to use the opportunity in dealing with their queries.

6. POSTPONEMENT OF SPECIAL COUNCIL (STATE OF THE CAPITAL ADDRESS) The Speaker explained that due to official circumstances the Executive Mayor has

requested her to postpone the Special Council meeting for the State of the Capital Address, pre-scheduled as per Council approved Annual Programme for 2 April 2015, to 14 May 2015, and not 14 April 2015 as indicated during the Special Council meeting of 19 March 2015.

The Speaker further indicated that the official notice of the Special Council meeting

(State of the Capital Address) of 14 May 2015, which will also indicate, among others, the venue and time, would be issued in due course.

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7. SASRIA COVER FOR COUNCILLORS

The Speaker indicated that SASRIA Cover for Councillors has been confirmed by the insurer. She further explained that the cover was on declaration basis and urged Councillors who are not yet covered to do so.

The Speaker furthermore encouraged Councillors who are not participating in this cover as yet to fill in the necessary forms that were previously distributed and submit such to the Office of the Speaker Room 702 (South Block), HB Phillips Building.

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E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS COUNCIL MEETINGS: ORDINARY OPEN COUNCIL 26 FEBRUARY 2015, COUNCIL-IN-COMMITTEE 26 FEBRUARY 2015 AND SPECIAL COUNCIL: 19 MARCH 2015

• ORDINARY COUNCIL: 26 FEBRUARY 2015

RESOLVED: That the minutes of the Ordinary Council meeting held on 26 February 2015, be approved and confirmed.

• IN-COMMITTEE ORDINARY COUNCIL: 26 FEBRUARY 2015

During consideration of this item by Council on 26 March 2015, the Speaker explained the procedure and provisions of the relevant legislation in relation to the consideration of In Committee minutes (Item 2, under Item K of the agenda ‘Progress report on the Disciplinary proceedings against certain Senior Managers directly Accountable to the City Manager’ and further ruled that the abovementioned minutes would be dealt with towards the end of the meeting.

When the Speaker tabled these minutes for consideration later during the meeting, it was resolved as set out below:

RESOLVED:

That the minutes of the Ordinary Council In-Committee meeting held on 26 February 2015 be approved and confirmed.

• SPECIAL COUNCIL MINUTES: 19 MARCH 2015

RESOLVED:

That the minutes of the Special Council meeting held on 19 March 2015, be approved subject to the following amendment: Page 9, under B “APPLICATION FOR LEAVE OF ABSENCE” The name of Cllr ML Lesufi be removed from the list of Councillors who were deemed absent without leave and reflected under the list of Councillors who applied for leave of absence as he had indeed applied for leave of absence.

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F. REPORTS TO COUNCIL

The Acting Executive Mayor submitted reports from the Mayoral Committee to Council as contained in Parts I, II and II(A) for consideration as well as Annexures A and A.1 for cognizance and/ or discussion.

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F. REPORTS TO THE COUNCIL (a) Reports of the Executive Mayor (i) Recommendations to Council Reference No 24238/1[12/1/1 Nellmapius X 4 - 3311] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 1. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 3311, NELLMAPIUS EXTENSION 4 (From the Alienation Clusters: 11 November 2014 and 9 February 2015 and the Mayoral Committee: 4 March 2015)

The purpose of the report is to obtain approval to lease Erf 3311, Nellmapius Extension 4 in terms of the Municipal Finance Management Act (Act 56 of 2003).

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

During consideration of this item by Council on 26 March 2015, and after Cllr ND Malapane 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 Erf 3311, Nellmapius Extension 4 measuring 1 568 m² in extent is not

needed to provide the minimum level of basic municipal services. 2. That the fair market rental of the abovementioned property, the economic

and community value to be received in exchange for the property has been determined as set out in the report.

3. That Council approves the lease of Erf 3311, Nellmapius Extension 4

measuring 1 568 m² in extent, in terms of the Local Government: Municipal Asset Transfer Regulation 34 (1) (b).

4. That this property be leased for a period of 30 years at a market rental as

determined by Finance Department (Property Valuation).

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• That notice of the lease 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 lease be received, the proposed lease 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 municipality’s Alienation Policy.

6. That any removal, moving and/or change to the existing electrical network

that may become necessary due to this application, will be for the applicants cost.

7. That any further structures/buildings being erected on the premises must

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

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

the Lessee so that it can lodge the applications necessary for the development of the property and the property management during the lease period.

9. That the Municipality's further conditions of lease usually applicable on a

transaction of this nature and the conditions embodied in this report be applicable.

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Reference No 12945/1[12/1/1 Garankuwa Unit 24 - 1240] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 2. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 1240 GA-RANKUWA UNIT 24 (From the Alienation Clusters: 11 November 2014 and 9 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to obtain approval to lease Erf 1240 Ga-Rankuwa Unit 24 in terms of section 14 of the Municipal Finance Management Act (Act 56 of 2003) and Regulations. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That Erf 1240 Ga-Rankuwa Unit 24 measuring 687 m² is not needed to

provide the minimum level of basic municipal services. 2. That the fair market rental of the abovementioned property, the economic


3. That Council approves the lease of Erf 1240 Ga-Rankuwa Unit 24 measuring

687 m² in extent, in terms of the Local Government: Municipal Asset Transfer Regulation 34 (1) (b).


determined by Finance Department (Property Valuation). 5. That notice of the lease 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 lease be received, the proposed lease 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 municipality’s Alienation Policy.

6. That the Lessee at his own cost and risk lodge site development plans,

building plans, geological or traffic reports and any other required applications required for the proposed development.



27

8. That it be a lease condition to be included in the Deed of lease that the property has to be developed within 2 years after the signing of the lease contract.

9. That any structures/buildings being erected on the premises must conform to

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

10. That the Municipality's further conditions usually applicable to transactions of

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

28

Reference No 91702/1[12/1/1 ER x 2 - 263] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 3. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 263, EERSTERUST EXTENSION 2 (From the Alienation Clusters: 11 November, 5 December 2014 and 9 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to obtain approval to lease Erf 263, Eersterust Extension 2 in terms of section 14 of the Municipal Finance Management Act (Act 56 of 2003) and Regulations. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That Erf 263, Eersterust Extension 2 measuring 1 165 m² in extent is not

needed to provide the minimum level of basic municipal services. 2. That the fair market rental of the abovementioned property, the economic


3. That Council approves the lease of Erf 263, Eersterust Extension 2

measuring 1 165 m² in extent, in terms of the Local Government: Municipal Asset Transfer Regulation 34 (1) (b).




6. 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 applicants cost.

7. That no buildings may be erected or trees with a potentially large root system

planted within the servitude area. 8. That the successful lessee must provide the necessary stormwater

connection at his own cost with the development of the application area before occupation shall be granted.

29

9. That the lessee at his own cost and risk lodge site development plans, building plans, geological or traffic reports and any other required applications required for the proposed development.



11. That the property has to be developed within 2 years after the Lease

Agreement is signed, and if not complied with that the Lease may be cancelled.

12. That the Municipality's further conditions of lease which are usually

applicable to transactions of this nature as well as the conditions embodied in the report be applicable.



30

Reference No 54366/1[12/1/1 Hammanskraal West Extension 1 - 12943] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 4. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED DONATION OF ERF 12943 HAMMANSKRAAL WEST EXTENSION 1 (From the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to obtain approval to donate Erf 12943, Hammanskraal West Extension 1 to Elim Tabernacle in terms of section 14(2) of the Municipal Finance Management Act (Act 56 of 2003) and MAT Regulations.


During consideration of this item by Council on 26 March 2015, and after Cllr PL Lekgema addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That Erf 12943 Hammanskraal West Extension 1 measuring 1 447 m² in

extent is not needed to provide the minimum level of basic municipal services.

2. That Council approves the donation of Erf 12943 Hammanskraal West

Extension 1 measuring 1 447 m² in extent to Elim Tabernacle in terms of section 14(2) of the Municipal Finance Management Act (Act 56 of 2003).

3. 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 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 municipality’s Alienation Policy.


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

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

Municipality. 6. That all required bulk services will be provided at the costs of the beneficiary. 7. 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.

31

8. 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.

9. That the property will only be utilised for religious purposes and will revert

back to the municipality if no longer required for this purpose. 10. That proof thereof that the abovementioned church 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.

11. That proof in the form of the Church’s Constitution or founding document to

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

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

authorised to implement all town planning related processes necessary to finalise this transaction.

13. That the Group Legal Counsel be authorised to issue and sign a Power of

Attorney to bring into effect the above recommendations. 14. 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.



32

Reference No 79650/1[12/1/1 Hammanskraal West - 285] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 5. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 285 HAMMANSKRAAL WEST (From the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to obtain approval to lease Erf 285, Hammanskraal West in terms of section 14 of the Municipal Finance Management Act (Act 56 0f 2003) and Regulations.


During consideration of this item by Council on 26 March 2015, and after Cllr ND Malapane addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That Erf 285, Hammanskraal West measuring 5 775 m² is not needed to

provide the minimum level of basic municipal services. 2. That the fair market rental of the abovementioned property, the economic


3. That Council approves the lease of Erf 285, Hammanskraal West measuring

5 775 m² in extent, in terms of the Local Government: Municipal Asset Transfer Regulation 34 (1) (b).






33

7. That the Group Legal Counsel be authorised to issue a Power of Attorney to the Lessee so that it can lodge the applications necessary for the development of the property and the property management during the lease period.

8. That the property will be developed within 2 years after the signing of the

lease contract, if not complied with the lease agreement will be terminated. 9. That the Municipality's further conditions of lease applicable to transactions

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

34

Reference No 51570/1[12/1/1 Nellmapius Ext 6 - 7407] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 6. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED DONATION OF ERF 7407, NELLMAPIUS EXTENSION 6 (From the Alienation Cluster: 5 December 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to obtain approval to donate Erf 7407, Nellmapius Extension 6 to Pentecostal Christian Fellowship Church in terms of section 14(2) of the Municipal Finance Management Act (Act 56 of 2003) and MAT Regulation. (A copy of the relevant report is filed with the official Minutes of this meeting)

During consideration of this item by Council on 26 March 2015, and after Cllr PL Lekgema addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That Erf 7407, Nellmapius Extension 6 measuring 4 880 m² is not needed to

provide the minimum level of basic municipal services. 2. That Council approves the donation of Erf 7407, Nellmapius Extension 6

measuring 4 880 m² in extent to the Pentecostal Christian Fellowship Church in terms of section 14(2) of the Municipal Finance Management Act (Act 56 of 2003).


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.




Municipality. 6. That all required bulk services will be provided at the costs of the beneficiary.

35

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

development plans. 10. That the property will only be utilized for religious purposes and will revert

back to the municipality if no longer required for this purpose. 11. That proof thereof that Pentecostal Christian Fellowship Church has been

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

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

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

13. That the Group Legal Counsel be authorised to issue and sign a Power of

Attorney to bring into effect the above recommendations. 14. That the Municipality’s further conditions of donation usually applicable to




36

Reference No 09103/1[12/1/1 Garankuwa Unit 23 - 549] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 7. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED TRANSFER OF ERF 549 GA-RANKUWA UNIT 23 TO THE GAUTENG PROVINCIAL GOVERNMENT (From the Alienation Cluster: 5 December 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to obtain approval for the transfer of Erf 549 Ga-Rankuwa, Unit 23 to Gauteng Provincial Government in terms of section 14(6) of the Municipal Finance Management Act (Act 56 of 2003) and Regulations.


During consideration of this item by Council on 26 March 2015, and after Cllr ME Mlotshwa addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That Erf 549 Ga-Rankuwa Unit 23 measuring 37 080 m² in extent is not

required to provide the minimum level of basic municipal services. 2. That Council approves the transfer of Erf 549, Ga-Rankuwa Unit 23 to

Gauteng Provincial Government for educational purposes in terms of section 14(6) of the Municipal Finance Management Act (Act 56 of 2003).

3. That notice of the transfer 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 transfer be received, the proposed transfer 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 allowed to proceed in terms of the Alienation Policy of the City of Tshwane.


networks that may become necessary due to this application, will be at the cost Gauteng Provincial Government.


Municipality. 6. That all required bulk services will be provided at the costs of the Gauteng

Provincial Government.

37

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




development plans.

10. That the property will only be utilised for Educational purposes and will revert back to the municipality if no longer required for this purpose.


the Gauteng Provincial Government so that it can lodge the applications necessary for the development of the property.

12. That the Municipality’s further conditions of transfer usually applicable to




38

Ref No. 12/1/1PTA-3500+2575/13 MINNAAR STREET Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 8. CORPORATE AND SHARED SERVICES DEPARTMENT

CORRECTIVE REPORT: PROPOSED SALE AND TRANSFER OF ERF 3500 PRETORIA AND A PORTION OF PORTION 33 OF ERF 2575 PRETORIA (PORTION OF MINNAAR STREET) TO THE NATIONAL DEPARTMENT OF PUBLIC WORKS (From the Alienation Cluster: 11 November 2014 and the Mayoral Committees: 14 January and 4 March 2015) The purpose of the report is to request approval to make amendments on the Council Resolution dated 30 January 2014 for the sale and transfer of erf 3500 in Pretoria Suburb and a portion of portion 33 of ERF 2575 Pretoria Suburb (Portion of Minnaar Street) to the National Department of Public Works and implement the following amendments:

• Amend the price of the property as indicated in resolution 4.3 and instead sell the property at the latest market value as provided by the Finance Department (Property Valuation) and also exclude the transfer costs from the purchase price.

• Amend the cost payable to reposition the electrical equipment as indicated in resolution 4.4 in order to reflect the latest costs in line with the comments of the Strategic Executive Director: Services Infrastructure in paragraph 5.1 of this report; and

• Rescind the resolution that the Deed of Sale be entered into within 90 days from the date of the previous resolution and instead allow the Head Group Legal Services to sign the Deed of sale and implement all necessary steps to finalise this transaction.


During consideration of this item by Council on 26 March 2015, and after Cllr J Mkhize addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That the Council resolution of 30 January 2014 on the sale and transfer of

ERF 3500 Pretoria and a portion of portion 33 of ERF 2575 Pretoria (Portion of Minnaar Street) be amended as follows:

1.1 That the property be sold at a market value as determined by Finance

Department (Property Valuation) and that the Transfer costs be excluded from the purchase price;

39

1.2 That the purchaser (National Department of Public Works) be liable for all

costs relating to any process required on the transaction as well as transfer costs;

1.3 That the amendments in Paragraph 4.4 on the amount payable to reposition

electrical equipment be approved as an amount of R 613 166.10 as per comments from Service Infrastructure Department;

1.4 That the resolution that the deed of sale be entered into within 90 (ninety)

days be rescinded and the Head Group Legal Services be allowed to sign the Deed of Sale with the purchaser in order to finalise this transaction;

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

The National Department of Public Works so that it can lodge the applications necessary for the development of the property;

1.6 That any structures/buildings being erected on the premises must conform to

the provisions of the National Building Regulations and the mentioned National Standard: SANS 10400; and

1.7 That all other conditions of sale as approved in the Council Resolution dated

30 January 2014 and further conditions applicable to transactions of this nature be applied and incorporated into the deed of sale.

40

Reference No 22862/1[12/1/1 Stinkwater Extension 7 -8224] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 9. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED TRANSFER OF A PORTION OF ERF 8224 STINKWATER EXTENSION 7 TO THE GAUTENG PROVINCIAL GOVERNMENT (From the Alienation Cluster: 5 December 2014 and the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to obtain approval for the transfer a portion of Erf 8224 Stinkwater Extension 7 to the Gauteng Provincial Government in terms of section 14(6) of the Municipal Finance Management Act (Act 56 of 2003) and Regulations.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That a portion of Erf 8224 Stinkwater, Extension 7 measuring 5070 m² in

extent indicated as figure "aGHJK" in the sketchplan attached as annexure J is not required to provide the minimum level of basic municipal services.

2. That Council approves the transfer of Erf 8224 Stinkwater, Extension 7

measuring 5070 m² in extent indicated as figure "aGHJK" in the sketchplan attached as annexure J to Gauteng Provincial Government purposes in terms of section 14(6) of the Municipal Finance Management Act (Act 56 of 2003).





Provincial Government. 6. That when required the Gauteng Provincial Government at its costs and risks

will conduct necessary traffic impact studies, geological studies or any other study necessary for the development of the land.

41

7. 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.


development plans. 9. That the property will only be utilised for Educational purposes and will revert

back to the municipality if no longer required for this purpose. 10. That the Group Legal Counsel be authorised to issue and sign a Power of

Attorney to the Gauteng Provincial Government so that it can lodge applications necessary for the development of the property.


networks that may become necessary due to this application, will be for the Gauteng Provincial Government cost.


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



14. That Council approves the park closure of a portion of erf 8224 Stinkwater

extension 7 measuring 5070 m² in terms of section 68 read with section 67 of the Local Government Ordinance,1939 (Ordinance 17 of 1939) and that notice of the park closure will be advertised in terms of section 79(18) of the above mentioned ordinance.

15. That a portion of erf 8224 Stinkwater, extension 7 measuring 5070 m² in

extent be rezoned from Public Open Space to Educational at the costs and risk of the Gauteng Provincial Government.

42

Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 10. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED TRANSFER OF ERF 7945 NELLMAPIUS EXTENSION 7 TO THE GAUTENG PROVINCIAL GOVERNMENT (From the Alienation Clusters: 11 November and 5 December 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to obtain approval to transfer Erf 7945 Nellmapius Extension 7 to the Gauteng Provincial Government in terms of the section 14(6) and 90(6) of the Municipal Finance Management Act and Regulations (Act 56 of 2003). During consideration of this item by Council on 26 February 2015, and after Cllr MS Marotola addressed Council on this matter, it was resolved as set out below:


RESOLVED: 1. That Erf 7945, Nellmapius Extension 7 measuring 32 562 m² in extent is not

required to provide the minimum level of basic municipal services. 2. That Council approves the transfer of Erf 7945, Nellmapius Extension 7

measuring 32 562 m² in extent to Gauteng Provincial Government in terms of section 14(6) on the Local Government Municipal Finance Management Act (Act 56 of 2003).




networks that may become necessary due to this to this application, will be at the cost of the Gauteng Provincial Government.

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

municipality.

43

6. That all required bulk services will be provided at the costs of the Gauteng


will conduct necessary traffic impact studies, geological studies or any other study necessary for the development of the Land.


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





back to the municipality if no longer required for this purpose. 12. That the Group Legal Counsel be authorised to issue a Power of Attorney to

the Gauteng Provincial Government so that it can lodge the application necessary for the development of the property.

13. That the Municipality's further conditions of transfer usually applicable to


44

Reference No 34149/1[12/1/1 SOSHANGUVE SOUTH X 8 - 16882] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 11. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED LEASE OF ERF 16882, SOSHANGUVE SOUTH EXTENSION 8 (From the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to obtain approval to lease Erf 16882, Soshanguve South Extension 8 in terms of section 14(2) of the Municipal Finance Management Act (Act 56 of 2003). (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That Erf 16882, Soshanguve South Extension 8 measuring 14 151 m² in

extent is not needed to provide the minimum level of basic municipal services;

2. That the fair market rental of the abovementioned property, the economic

and community value to be received in exchange for the property has been determined as set out in the report;

3. That Council approves the lease of Erf 16882 Soshanguve South Extension

8 measuring 14 151 m² in extent, in terms of the Local Government: Municipal Asset Transfer Regulation 34 (1) (b);


determined by Finance Department (Property Valuation); 5. That notice of the lease 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 lease be received, the proposed lease 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 municipality’s Alienation Policy;

6. That there is a municipal sewer pipe traversing the property that must be

protected by suitably sized servitudes in favour of the CoT at the cost of the applicant. No buildings may be erected or trees with a potentially large root system planted within the servitude area;

45

7. That there is a water pipe traversing the application property that must be relocated at applicant’s cost. The applicant must appoint a Consulting Engineer to ascertain the possibility and the cost for the relocation of the pipe line;


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

9. That the property has to be developed within 2 years after the Lease

Agreement is signed, and if not complied with that the Lease may be cancelled;


the Lessee so that it can lodge the applications necessary for the development of the property and the property management during the lease period; and

11. That the Municipality`s further conditions of lease usually applicable on a

transaction of this nature and the conditions embodied in this report be applicable.

46

Reference No 14040/1[12/1/1 MABOPANE U - 2216] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 12. CORPORATE AND SHARED SERVICES DEPARTMENT

PROPOSED TRANSFER OF ERF 2216 MABOPANE UNIT U TO THE GAUTENG PROVINCIAL GOVERNMENT (From the Alienation Cluster: 5 December 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to obtain approval for the transfer of Erf 2216, Mabopane Unit U to the Gauteng Provincial Government in terms of the section 14(6) of the Municipal Finance Management Act (Act 56 of 2003) and Regulations. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That Erf 2216 Mabopane Unit U measuring 127 464 m² in extent is not

required to provide the minimum level of basic municipal services. 2. That Council approves the transfer of Erf 2216, Mabopane Unit U measuring

127 464 m² in extent to Gauteng Provincial Government in terms of section 14(6) of the Local Government: Municipal Finance Management Act (Act 56 of 2003).




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




will conduct necessary traffic impact studies, geological studies or any other study necessary for the development of the land.

47






the Gauteng Provincial Government so that it can lodge applications necessary for the development of the property.





48

Reference No 56081/1[12/1/1 Nellmapius Extension 8 - 10225] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 13. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED DONATION OF ERF 10225, NELLMAPIUS EXTENSION 8 (From the Alienation Clusters: 11 November and 5 December 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to obtain approval to donate Erf 10225, Nellmapius Extension 8 to Jesus Christ Crusade in terms of section 14(2) the Municipal Finance Management Act (Act 56 of 2003) and MAT Regulations.

During consideration of this item by Council on 26 March 2015, and after Cllr PE Millar 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 Erf 10225, Nellmapius Extension 8 measuring 1 482 m² in extent is not

needed to provide the minimum level of basic municipal services. 2. That Council approves the donation of Erf 10225, Nellmapius Extension 8

measuring 1 482 m² in extent to Jesus Christ Crusade in terms of section 14(2) of the Local Government: Municipal Finance Management Act (Act 56 of 2003).






Municipality. 6. That all required bulk services will be provided at the costs of the beneficiary.

49



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



back to the municipality if no longer required for this purpose. 11. That proof thereof that Jesus Christ Crusade has been registered in terms of

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






the beneficiary so that it can lodge applications necessary for the development of the property.

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


50

Reference No 75627/1[12/1/1 Mamelodi East -38691] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 14. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED TRANSFER OF ERF 38691, MAMELODI EAST TO THE GAUTENG PROVINCIAL GOVERNMENT (From the Alienation Cluster: 5 December 2014, the Mayoral Committee, 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to obtain approval to transfer Erf 38691, Mamelodi East to the Gauteng Provincial Government in terms of the section 14(6) and 90(6) 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: 1. That Erf 38691, Mamelodi East measuring 27 216 m² in extent is not

required to provide the minimum level of basic municipal services. 2. That the Council approves the transfer of Erf 38691, Mamelodi East

measuring 27 216 m² in extent to Gauteng Provincial Government in terms of section 14(6) of the Local Government: Municipal Finance Management Act (Act 56 of 2003).

3. That Council approves the rezoning of Erf 38691, Mamelodi East from

"Special" to "Educational". 4. That notice of the transfer 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 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 municipality’s Alienation Policy of the City of Tshwane.


networks that may become necessary due to this to this application, will be at the cost of the Gauteng Provincial Government.

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

the municipality.

51

7. That all required bulk services will be provided at the costs of the Gauteng Provincial Government.

8. That when required the Gauteng Provincial Government at its costs and risks

will conduct necessary traffic impact studies, geological studies or any other study necessary for the development of the Land.




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




the Gauteng Provincial Government so that it can lodge the applications necessary for the development of the property.

14. That the Municipality's further conditions of transfer usually applicable to


52

Reference No 49721/1[12/1/1 Dorandia X8 - 412] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 15. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) CORRECTIVE REPORT: PROPOSED SALE, REZONING AND NOTORIALTIE OF PORTION OF A PORTION OF DAAN DE WET-NEL AVENUE, ADJACENT TO OF ERF 412, DORANDIA X 8 AND PORTIONS OF THE REMAINDER OF PORTION 46, WONDERBOOM 302-JR (From Council: 28 January 2010 and 31 July 2013, the Alienation Cluster: 11 November 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015)

The purpose of the report is to amend Council resolutions on the sale of a portion of Daan de Wet–Nel Avenue adjacent to erf 412 Dorandia X 8 and portion of the Remainder of 46 Wonderboom 302 JR dated 28 January 2010 and 31 July 2013. The following conditions were omitted in the previous reports and must be included in the conditions for the sale of the properties; 1.1 To amend Park closure of the portion of the Remainder of portion 46 (figure

FEBCF) 1 574m² in extent as follows’ o “That the municipality permanently close a portion of the park of the

Remainder of portion Wonderboom 302 JR about (Figure FEBCF) 1 574 m² in extent on the sketch plan attached as Annexure “B” in terms of section 68 read with 67 of the Local Government Ordinance, 1939 (Ordinance 17 of 1939).

o 1.2 To amend the resolution for the extension of boundaries; as follows; o “That the purchaser will apply for Extension of the boundaries of Pretoria

North Township of which portion 305 WDB 302 JR (375 m²-BGCB) and (Figure FEBCF) 1 574 and (Figure DAEFD) 1000 m², also forms part of the approved Township application.

o 1.3 To replace ‘Consolidation’ with “Notarial Tie“ o That the purchaser agrees to notarially tie the following adjacent properties at

their own risk and simultaneously on registration of transfer of the property into their name

o R 412 Dorandia & 1/412 Dorandia (Portion 1 and remainder of Erf 412

Dorandia X 8 473 m² in extent; sold per deed of sale signed on 15 February 1999

o Portion of Daan de Wet-Nel Avenue, adjacent to Erf 412 Dorandia x 8

(Figure ABCDEFGHJKLMNOPA), 438 m² in extent o With Portion 1 of Erf 1666 Pretoria North

53

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That resolutions 3, 13, and 16 of the Resolution 28 January 2010 regarding

this properties, be rescinded, so that it need not be executed as part of the proposed transaction.

2. “That the Contract of 1999 for the sale of “Remainder of 412 Dorandia and

Portion 1 of 412 Dorandia”, (Portion of Portion of Daan de Wet-Nel Avenue, adjacent to Erf 412 Dorandia X 8, 473 m² in extent as authorised by Executive Committee Resolutions dated 17 September 1996, 19 August 1997, 12 November 1997, and 05 November 1998 of the former City Council of Pretoria, be finalised and registered and notarially tied, together with the proposed sale transaction, after the street closure, rezoning.

3. That the Portion of Daan de Wet-Nel Avenue, adjacent to Erf 412 Dorandia X

8 (known as Remainder of 412 Dorandia and Portion 1 of 412 Dorandia after previous closure) 473 m² in extent, be closed permanently in terms of section 67 of the Local Government Ordinance, 1939 (Ordinance 17 of 1939).

4. That the purchaser, at its cost and risk, apply in terms of the appropriate

provisions of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986), to amend the Tshwane Town-planning Scheme, 2008, for the following properties:

o Portion of Daan de Wet-Nel Avenue, adjacent to Erf 412 Dorandia X 8

(Figure ABCDEFGHJKLMNOPA ), 538 m² in extent; o Portion of Daan de Wet-Nel Avenue, adjacent to Erf 412 Dorandia X 8

(known as Remainder of 412 Dorandia and Portion 1 of 412 Dorandia after previous closure) 473 m² in extent;

o Portion of the Remainder of Portion 46 Wonderboom 302 JR, (Figure FEBCF) 1 574 m² in extent; and

o Portion of the Remainder of Portion 46 Wonderboom 302 JR, (Figure DAEFD) 1 000 m².

5. That the municipality permanently close a portion of the park of the

Remainder of portion Wonderboom 302 JR about (Figure FEBCF) 1 574 m² in extent on the sketch plan attached as Annexure “B” in terms of section 68 read with 67 of the Local Government Ordinance, 1939 (Ordinance 17 of 1939).

6. That the purchaser will apply for Extension of the boundaries of Pretoria

North township of which portion 305 WDB 302 JR (375m²-BGCB) and (figure FEBCF) 1 574 and (figure DAEFD) 1000 m², also forms part of the approved Township application.

7. That the purchaser agrees to notarially tie the following adjacent properties

at their own risk and simultaneously on registration of transfer of the property into their name:

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• R 412 Dorandia & 1/412 Dorandia (Portion 1 and remainder of Erf 412 Dorandia X 8, about 473 m² in extent; sold per deed of sale signed on 15 February 1999;

• Portion of Daan de Wet-Nel Avenue, adjacent to Erf 412 Dorandia x 8

(Figure ABCDEFGHJKLMNOPA), 438 m² in extent; and • With Portion 1 of Erf 1666 Pretoria North.

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Umar Banda (8110) COUNCIL: 26 March 2015 16. GROUP FINANCIAL SERVICES DEPARTMENT

(TREASURY OFFICE) OFFICIAL CREDIT RATING REPORT ON CITY OF TSHWANE METROPOLITAN MUNICIPALITY ISSUED BY MOODY’S INVESTORS SERVICE (SA) (PTY) LTD (From the Mayoral Committee: 4 March 2015)

The purpose of the report is to inform Council of the official credit rating opinion on the City of Tshwane assigned by Moody’s Investors Service (PTY) LTD issued on the 3rd March 2015. During consideration of this item by Council on 26 March 2015, the following Councillors participated in a debate: P Sutton ZC Khumalo BHJ Erasmus DL Fleming MMC J Ngonyama Hereafter the Acting Executive Mayor, MMC RT Mashego responded to the inputs made during the debate and further indicated that concerns raised in the report would be referred to the administration for intervention. It was thereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That Council takes cognisance of the official credit rating assigned to City of Tshwane, by Moody’s Investor Services South Africa (Pty) Ltd on 03 March 2015.

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Reference No 10754/1 Obed Thenga (0947) COUNCIL: 26 March 2015 17. GROUP AUDIT AND RISK DEPARTMENT

REPORT TO SEEK APPROVAL FOR THE IMPLEMENTATION OF THE ANTI-FRAUD AND CORRUPTION-PREVENTION POLICY (From the Mayoral Committee Cluster: Governance: 17 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to present the Draft Anti-Fraud and Corruption-Prevention Policy to Top Management, Executive Management of Municipal Entities, the Audit and Performance Committee and the Risk Committee of the City of Tshwane and to obtain recommendation for the approval of the Draft Policy to the Mayoral Committee. IT WAS RECOMMENDED (TO THE COUNCIL: 26 MARCH 2015): That the policy with the purpose of promoting good governance and maintaining an ethical organizational culture be approved. During consideration of this item by Council on 26 March 2015, Cllr Y Duvenage seconded by Cllr M Mkhari proposed the following amendments:

(Unaltered)

“1. This policy be approved by Council as a Fraud Risk Management Policy.

2. Council task the appropriate department to draft a proper Anti-Fraud and Corruption Prevention Policy for the CoT.”

Following an address by Cllr OM Mathafa and since there was opposition to the above proposed amendments by Cllr Duvenage, the Speaker put the amendments to a vote and declared the results as set out below: For the proposed amendments by Cllr Duvenage: 79 Against the proposed amendments by Cllr Duvenage: 106 Abstained: 1 In view of the above voting results, the proposal by Cllr Duvenage was not carried by Council. Subsequently Cllr BA Engelbrecht addressed Council on the contents of the report, following which Cllr OM Mathafa seconded by Cllr MS Marishane proposed as follows:

(Unaltered)

“2. That the Anti-Fraud and Corruption-Prevention Policy be reviewed annually.”

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The Council acceded to Cllr Mathafa’s proposal and 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 the policy with the purpose of promoting good governance and

maintaining an ethical organizational culture be approved. 2. That the Anti-Fraud and Corruption-Prevention Policy be reviewed annually.

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Makgorometje Makgata (0940) COUNCIL: 26 March 2015 18. CITY PLANNING AND DEVELOPMENT DEPARTMENT

(CITY PLANNING) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: COLOURS (From the Section 79 Standing Committee: Local Geographical Names: 22 January 2015 and the Mayoral Committee: 4 March 2015)

The purpose of the 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 following proposed Sepedi name be removed from Annexure A, and that the Strategic Executive Director: City Planning and Development do further research in respect of this name whereafter a report in this regard be submitted to the Section 79 Standing Committee: Local Geographical Names for consideration: 1. Merune (43).

• That the proposed name listed in Annexure A, as amended by paragraph 1 hereof, be approved to populate the local geographical names bank.

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CPD 8/2/2/14 Makgorometje Makgata (0940) COUNCIL: 26 March 2015 19. CITY PLANNING AND DEVELOPMENT DEPARTMENT

(CITY PLANNING) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: MUSIC, DANCE AND MUSICAL INSTRUMENTS (From the Section 79 Standing Committee: Local Geographical Names: 22 January 2015 and the Mayoral Committee: 4 March 2015)

The purpose of the report is to obtain approval for the proposed names (Annexure A) 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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(CITY PLANNING) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: POSITIVE ATTRIBUTES AND ENCOURAGEMENT (From the Section 79 Standing Committee: Local Geographical Names: 22 January 2015 and the Mayoral Committee: 4 March 2015)

The purpose of the 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: 1. That the spelling of the following proposed Setswana name be corrected in

Annexure A:

4. Boikanngo (20) should be Boikanyo.

2. That the following names be removed from Annexure A and that the Strategic Executive Director: City Planning and Development do further research in respect of these names whereafter a report in this regard be submitted to the Section 79 Standing Committee: Local Geographical Names for consideration:

2.1 Setswana names:

5. Tshosologo (21) 6. Sisimoga (22)

2.2 Xitsonga name:

i. Hanana (25)

3. That the names listed in Annexure A, as amended by paragraphs 1 and 2

hereof, be approved to populate the local geographical names bank.

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(CITY PLANNING) APPROVAL OF NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: SOUTH AFRICAN SURNAMES (PHASE 3) (From the Section 79 Standing Committee: Local Geographical Names: 22 January 2015 and the Mayoral Committee: 4 March 2015)

The purpose of the report is to obtain approval for 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: 1. That the proposed names, as indicated in Annexure A, be approved for the

geographical names bank. 2. That the names of the first democratically elected Council members be

deposited into the names bank.

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Reference No 28891/1 Hilton Vorster (7950) COUNCIL: 26 March 2015 22. TRANSPORT DEPARTMENT

DRONGO STREET ROAD CLOSURE - RUA VISTA EXTENSION 12 (From the Mayoral Committee Cluster: Infrastructure and Planning: 17 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to obtain approval for the closure of the cul-de-sac in Drongo Street, Rua Vista Extension 12, which needs to be consolidated with erven 2903 to 2906 Rua Vista Extension 12 and notarily tied to erven 3038 to 3049 Rua Vista Extension 13 and erf 3511 Rua Vista Extension 15 to form the High School site. (See Annexure A) During consideration of this item by Council on 26 March 2015 and after Cllr MJ Boshomane 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 proposed road closure of the cul-de-sac in Drongo Street as shown

in Annexure A be approved; 2. That in accordance with Section 67(3) of the Local Government Ordinance

1939 (Ordinance 17 of 1939), notice be given of the Municipality’s intention to close the cul-de-sac in Drongo Street to all traffic (excluding pedestrians). Objections in connection with the intended closure will be considered and addressed accordingly;

3. That the permanent closures as described above be carried out:

a) That the Surveyor General and the Registrar of Deeds, in accordance with Section 67(9)(a) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939), be informed in writing of the permanent closure, as described in paragraph 2 above; and

b) That the alteration of the general plans of the affected township be

authorised by virtue of the Premier’s delegation of such power to Council in accordance with Section 30(2) of the Survey Act, 1927 (Act 9 of 1927).

4. That the Strategic Executive Director for Corporate and Shared Services or

his/her nominee make the necessary arrangements for the advertisements of the closure of the cul-de-sac in Drongo Street;

5. That if the closure of the cul-de-sac in Drongo Street is approved, the closure

be implemented to the satisfaction of the Roads and Transport Department;

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6. That, if the closure of the cul-de-sac in Drongo Street is approved, the developer will proceed with the consolidation of the cul-de-sac with the remainder of Erf 2909 Rua Vista Extension 12 which needs to be consolidated with erven 2903 to 2906 Rua Vista Extension 12 and notarily tied to erven 3038 to 3049 Rua Vista Extension 13 and erf 3511 Rua Vista Extension 15 to form the High School site; and

7. That, if the closure of the cul-de-sac in Drongo Street is approved, the

developer must relocate all services which are affected by the closure at their own cost.

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Reference No 88901/1[12/1/1 Garankuwa Zone 3 - 3833] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015

23. CORPORATE AND SHARED SERVICES DEPARTMENT (CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED SALE OF ERF 3833 GA-RANKUWA ZONE 3 (From the Alienation Cluster: 11 November 2014 and the Mayoral Committee: 4 March 2015)

The purpose of the report is to obtain approval to sell Erf 3833, Ga-Rankuwa Zone 3 in terms of the Municipal Finance Management Act (Act 56 of 2003). During consideration of this item by Council on 26 March 2015 and after Cllr JM Sindane 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 Erf 3833 Ga-Rankuwa Zone 3 is not needed to provide the minimum

level of basic municipal services. 2. That the fair market value of the abovementioned property, the economic


3. That Council approves the sale of Erf 3833 Ga-Rankuwa Zone 3, measuring

approximately 1 142 m2, in terms of Local Government: Municipal Finance Management Act (Act 56 of 2003) and the Municipal Asset Transfer (MAT) Regulation 5(1) b (i) and (ii).

4. That this property be offered for sale at a market value as determined by Finance Department (Property Valuation).

5. That notice of the sale 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 sale be received, the proposed sale 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 municipality’s Alienation Policy.

6. That any further structures/buildings being erected on the premises must conform to the provisions of the National Building Regulations and the mentioned National Standard: SANS 10400.

7. That the Municipality's further conditions of sale usually applicable to


8. That the title be endorsed to, inter alia, afford the City of Tshwane the right of

first refusal in the event the applicant disposes of the property.

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Reference No 26796/1[12/1/1 Nellmapius Ext 7 – 8004] Cynthia Ramulifho (1224) COUNCIL: 26 March 2015 24. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED DONATION OF ERF 8004, NELLMAPIUS EXTENSION 7 (From the Alienation Cluster: 5 December 2014, the Mayoral Committee: 14 January 2015, the Alienation Cluster: 9 February 2015 and the Mayoral Committee: 4 March 2015) The purpose of the report is to obtain approval to donate Erf 8004, Nellmapius Extension 7 to Lutheran Bapedi Church in terms of section 14(2) of the Municipal Finance Management Act (Act 56 of 2003) and MAT Regulation.

During consideration of this item by Council on 26 March 2015 and after Cllr PE Millar 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 Erf 8004, Nellmapius Extension 7 measuring 1 185 m² in extent is not

needed to provide the minimum level of basic municipal services. 2. That Council approves the donation of Erf 8004, Nellmapius Extension 7

measuring 1 185 m² in extent to Lutheran Bapedi Church in terms of section 14(2) of the Local Government: Municipal Finance Management Act (Act 56 of 2003).



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



Municipality. 6. That all required bulk services will be provided at the costs of the beneficiary;

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



back to the municipality if no longer required for this purpose. 11. That proof thereof that Lutheran Bapedi Church has been registered in terms

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






the beneficiary so that it can lodge applications necessary for the development of the property.

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


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ST – B12/15 Umar Banda (8100) COUNCIL: 26 March 2015 25. GROUP FINANCIAL SERVICES DEPARTMENT

CORPORATE MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDED 31 JANUARY 2015 (From the Mayoral Committee: 18 March 2015)

The purpose of the report is: a) to provide a financial overview of the financial position of the municipality, as

well as the financial results regarding the operating and capital budgets, for the period ended 31 January 2015 in terms of Section 52(d) and Section 71 of the MFMA;

b) to provide comparative figures for the same period of the previous financial year, so as to determine whether there is a decline or an improvement in the outcomes for the current financial year versus the previous financial year;

c) to comply with Section 54 of the MFMA, regarding budgetary control and early identification of financial problems; and

d) to inform the municipal council of any impending shortfalls, overspending and overdrafts in terms of Section 70 of the MFMA.

During consideration of this item by Council on 26 March 2015, and after the following Councillors addressed Council on this matter, it was resolved as set out below: CM van den Heever AWF Middleberg JP Rammushi MMC MD Mabiletsa MMC RT Mashego

(A copy of the relevant report is filed with the official Minutes of this meeting) ESOLVED: 1. That the financial results regarding the operating and capital budgets for the

period ended 31 January 2015 of the 2014/15 financial year, and the financial position of the municipality as well as the cash-flow status indicated in section 7 and the cash flow statement in the report as at 31 January 2015, in compliance to Section 52(d) and Section 71 of the Municipal Finance Management Act (MFMA), be noted.

2. That in compliance with Section 54 and 70 of the MFMA the under-collection on certain revenue groups, be noted.

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Reference No 14895/1 Mayur Maganlal (0798) COUNCIL: 26 March 2015 26. CITY STRATEGIES AND PERFORMANCE MANAGEMENT DEPARTMENT

TABLING OF THE CITY OF TSHWANE’S 2015/16 INTEGRATED DEVELOPMENT PLAN (IDP) REVIEW AND SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN (SDBIP) SCORECARD (From the Mayoral Committee: 18 March 2015) The purpose of this report is to table the City of Tshwane reviewed 2015/16 Integrated Development Plan and Service Delivery and Budget Implementation Plan (SDBIP) scorecard to Council as part of the suite of documents that supports the 2015/16 - 2017/18 MTREF in terms of section 15(2) of the MFMA and Section 34 of the MSA. During consideration of this item by Council on 26 March 2015, and after Councillors RW Baloyi and RJB Mohlala 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 Draft 2015/16 Integrated Development Plan (IDP) review document

be tabled to Council to allow for public comment. 2. That the Council allows for the communication of the attached document for

public comment and submission to the provincial and national departments as per legislative requirements referred to in the report.

3. That a public participation process on the draft 2015/6 IDP review be

undertaken within 21 days from the date of publication of this document.

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Reference No: EI/MC/01/03/2015 Ernest Shozi (0875) COUNCIL: 26 March 2015 27. OFFICE OF THE EXECUTIVE MAYOR

(ECONOMIC INTELLIGENCE) APPROVAL FOR THE CITY OF TSHWANE’S DEVELOPMENT INVESTMENT INCENTIVES POLICY (From the Mayoral Committee: 18 March 2015)

The purpose of the report is to obtain approval for the City of Tshwane’s Development Investment Incentives Policy, which must be read in conjunction with the City of Tshwane’s Rates Policy 2015/16 and the City of Tshwane’s approved Incentives Framework, which was approved by Council on 30 November 2014.

During consideration of this item by Council on 26 March 2015, and after Councillors Prof CJ Napier, AM Mampheko and MMC RT Mashego 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 cognisance be taken of the Development Investment Incentives Policy, to be read in conjunction with the Draft City of Tshwane 2015/16 Rates Policy, as per Annexure C.

2. That the public participation process required with respect to this Policy be

merged with that of the budgetary process.

3. That upon conclusion of the public participation process, the Development Investment Incentives Policy be tabled at Council for final approval to effect implementation from 01 July 2015.

4. That guidelines to the Development Investment Incentives (DII) Policy be

submitted to the Mayoral Committee following public participation processes pertaining to the DII.

5. That the City Planning and Development Department submits the Standard

Operating Procedures with respect to development legislation to Council for approval by the end of the 2014/15 financial year.

6. That the Mayoral Committee authorise a potential application to the Minister

of Cooperative Governance and Traditional Affairs (COGTA) for the application of the inclusion of additional sub-categories with respect to the City’s rates policy, as per Section 8 of the Municipal Property Rates Act, effective as of 01 July 2015, as may be determined by the sustainable inclusive growth implementation strategy currently being completed, in order to effect potential sector-based incentives.

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ST – B13 Umar Banda (X8100) COUNCIL: 26 March 2015 28. FINANCIAL SERVICES DEPARTMENT

(BUDGET OFFICE) PRE-COMMUNITY CONSULTATION BUDGET – DRAFT 2015/16 MEDIUM-TERM REVENUE AND EXPENDITURE FRAMEWORK FOR THE CITY OF TSHWANE (From the Mayoral Committee: 18 March 2015)

The purpose of the report is to table the draft 2015/16 Medium-term Revenue and Expenditure Framework (MTREF) before Council in terms of Section 16(2) of the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003) prior to the community consultation process.

During consideration of this item by Council on 26 March 2015, and after Councillors M Aucamp and RJ Kekana 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 draft 2015/16 Medium-term Revenue and Expenditure Framework,

tabled in accordance with the Municipal Finance Management Act, 2003 (Act 56 of 2003) be considered for the community consultation process.

2. That the proposed tariffs for the draft 2015/16 MTREF as outlined in Annexures C to H be considered for the community consultation process; and

3. That the Accounting Officer:

1.1 in accordance with chapter 4 of the Systems Act:

(a) make public the annual consolidated operating budget and other documents referred to in section 17(3) of the MFMA;

(b) invite the local community to submit representations in connection with the annual consolidated operating budget;

1.2 submit the annual consolidated operating budget:

(a) in both printed and electronic formats to the National and Provincial Treasury;

(b) in either format to any prescribed national or provincial organs of state and to such other municipalities as may be affected by the budget.

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(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE

(ANNEXURES A AND A.1) 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 meetings held 23 January 2015 and, 4 February 2015 were submitted to Council for discussion/cognisance in terms of Section 13(7) of the Rules and Orders.

A. SPECIAL MAYORAL COMMITTEE MEETING: 23 JANUARY 2015

Item 1: TRANSFER OF FUNDS WITHIN CAPEX PROJECTS IN THE HOUSING

AND HUMAN SETTLEMENTS DEPARTMENT Among other things-

At the Council meeting of 26 March 2015, Cllr S Motsaneng on behalf of the DA and in terms of Section 13(7)(c) of the Rules and Orders requested the Mayoral Committee to reconsider its resolutions on the report.

(Remark: During the discussion of this item on 26 March 2015, the following Councillors participated in the debate: JD Mashego S Motsaneng JP Rammushi (Cllr Rammushi during his address, among others, mentioned

that Cllr Motsaneng was renting one of the RDP houses in Ga- Rankuwa and that in his opinion that was against the relevant policy. Hereafter Cllr M Aucamp indicated that the allegation by Cllr Rammushi was in their opinion very serious and requested that the said allegation be referred to the Rules and Ethics Committee and further request Cllr Rammushi to provide the relevant proof in this regard. The Speaker indicated that this will be done.)

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A.1 MAYORAL COMMITTEE MEETING: 4 FEBRUARY 2015

Item 1: CAPACITY CHALLENGES IN REVENUE MANAGEMENT VALUE CHAIN Among other things-

Cllr M Fourie on behalf of the DA and in terms of Section 13(7)(c) of the Rules and Orders requested the Mayoral Committee to reconsider its resolutions on the report.

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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 form the Section 79 Standing Committee: Public Accounts from its meeting of 6 February 2015 for consideration as well as Annexure B for cognizance and / or discussion. A. FROM THE SPECIAL COMMITTEE: INVESTIGATION INTO

ALLEGATIONS OF MISCONDUCT AS SET OUT IN SECTION 2 OF SCHEDULE 1 OF THE SYSTEMS ACT (ACT 32 OF 2000) AS CONTAINED IN THE RULES AND ORDERS BY-LAW, 2012: COUNCILLOR SB PHIRI: 3 MARCH 2015


The report on the investigation of contravention of the Code of Conduct for Councillors by Councillor SB Phiri of Ward 102 (From the Special Committee: Investigation into allegations of misconduct as set out in Section 2 of Schedule 1 of the Systems Act (Act 32 of 2000) as contained in the Rules and Orders By-law, 2012 : Councillor SB Phiri: 3 March 2015) ……………………..…… 74-75

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MD Matsena (012 358 8065) COUNCIL: 26 March 2015 1. OFFICE OF THE SPEAKER

THE REPORT ON THE INVESTIGATION OF CONTRAVENTION OF THE CODE OF CONDUCT FOR COUNCILLORS BY COUNCILLOR SB PHIRI OF WARD 102 (From the Special Committee: Investigation into allegations of misconduct as set out in Section 2 of Schedule 1 of the Systems Act (Act 32 of 2000) as contained in the Rules and Orders By-law, 2012 : Councillor SB Phiri) The purpose of this report is for the Special Committee to investigate into alleged contravention of the Code of Conduct as entrenched in the Municipal System Act 32 of 2000 as well as Council’s Rules and Orders By-Law by Councillor SB Phiri of Ward 102. During consideration of this item by Council on 26 March 2015, the Speaker explained the provisions of Item 13(2) of the Code of Conduct for Councillors, namely that the report in this regard is opened to the public. She further explained the requirements of the Council procedure of 27 September 2007 for purposes of dealing with alleged breaches by Councillors of the Code of Conduct, namely, that a Councillor concerned must excuse himself/herself from the duration of the discussion pertaining to his/her case and may only return to the Council meeting once the matter has been finalized by the Council. The Speaker furthermore indicated that the Chief Whip of Council, however, has announced during this meeting under point B “Application for leave of absence” that Cllr Phiri was on Special leave, and therefore not in attendance at this Council meeting. Council hereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That Councillor SB Phiri be found guilty of the following allegations:

• ALLEGATION 1

That on 19 September 2014 he had issued a media statement and/or gave information to the media regarding the findings of MEC Jacob Mamabolo before it could be officially executed by the City of Tshwane Council (“Council”).

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• ALLEGATION 2

That on 19 September 2014 he had intentionally and/or negligently gave or issued negative statements in the media regarding the processes followed by the City with regard to –

(i) his suspension;

(ii) the suspension and re-instatement of a Councillor; and

(iii) that his legal representatives were never allowed to do any

cross examination during the hearing;

and that as such, Councillor Phiri has breached Item 2(b) of the Code of Conduct for Councilors which reads as follows:

(Unaltered)

“2. A Councillor must -

(b) At all times act in the best interest of the municipality and in such a way that the credibility and integrity of the municipality are not compromised”.

2. That, in view of the findings in paragraph 1 hereof the MEC of Local

Government be requested to, in terms of Item 14(2)(e) of the Code of Conduct for Councillors, remove Councillor SB Phiri from Office.

(Remark: During the meeting of the Special Committee held on 3 March 2015, Alderman CH Boshoff and Councillor GP Visser (DA) indicated their abstention from the above resolution.)

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B. FROM THE SECTION 79 STANDING COMMITTEE: PUBLIC ACCOUNTS: 13 MARCH 2015


Oversight report on the Annual Report of the City of Tshwane and its entities for the financial year 2013/14 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)..................................................... 78


Oversight report on Supply Chain Management performance report for 1st quarter of 2014/15 financial year: 01 July – 30 September 2014 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015).................................................... 79


Oversight report on corporate monthly and first quarter financial report for the period ended 30 September 2014 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)..................................................... 80


Oversight report on the mid- year budget & performance assessment in terms of Section 88 of the Municipal Finance Management Act, 2003 for Municipal owned Entities for July – December 2014 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)...................................................... 81


Oversight report on the mid-year (Section 72) performance report for 2014/15 financial year (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)...................................................... 82


Corporate monthly and mid-year financial report for the period ended 31 December 2014 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)..................................................... 83


Oversight report on the performance of Supply Chain Management for the 2nd quarter of the 2014/15 financial year: 01 October- 31December 2014 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)................................................................................. 84

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8. Office of the Speaker Questioning Council about the Credibility and the Integrity of the Auditor General by councillor S Muller (From the Section 79 Standing Committee: Rules and Ethics: 24 February 2015 and the Section 79 Standing Committee: Rules and Ethics: 20 March 2015) …………….. 85

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MD Matsena (012 358 8065) COUNCIL: 26 March 2015 1. OFFICE OF THE SPEAKER

OVERSIGHT REPORT ON THE ANNUAL REPORT OF THE CITY OF TSHWANE AND ITS ENTITIES FOR THE FINANCIAL YEAR 2013/14 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)

The purpose of the report is to provide oversight report on the Annual Report of the City of Tshwane and its entities for financial year 2013/14, in terms of the Municipal Finance Management Act (MFMA).


RESOLVED: 1. That cognizance be taken of the contents of this report. 2. That the Executive be commended for an unqualified audit opinion for the

financial year 2013/14. 3. That Council approves the Annual Report 2013/14 without reservations.

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MD MATSENA (012 358 8065) COUNCIL: 26 March 2015 2. OFFICE OF THE SPEAKER

OVERSIGHT REPORT ON SUPPLY CHAIN MANAGEMENT PERFORMANCE REPORT FOR 1st QUARTER OF 2014/15 FINANCIAL YEAR: 01 JULY – 30 SEPTEMBER 2014 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)

The purpose of this report is to provide oversight report on the Supply Chain Management Performance Report for the 1st Quarter, 2014/15 Financial Year: 01 July - 30 September 2014. (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 the Department provide to MPAC in the April 2015 meeting with a

progress report on the outcome of measures implemented to safeguard lives and assets, to avoid theft.

3. That the following recommendation of the Council meeting of 27 November

2014 be reaffirmed:

“2. That continuous monitoring of the progress and empowerment of BEE companies be monitored by the respective Strategic Executive Directors.”

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OVERSIGHT REPORT ON CORPORATE MONTHLY AND FIRST QUARTER FINANCIAL REPORT FOR THE PERIOD ENDED 30 SEPTEMBER 2014 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)

The purpose of this report is to provide oversight report over the Corporate Monthly and first Quarter Financial Report for the period ended 30 September 2014.


RESOLVED: 1. That Council takes cognisance of the report. 2. That the Audit and Performance Committee work closely with the Group

Financial Services Department to ensure that all corrective measures identified for various deviations are adhered to and complied with.

3. That the reporting time limits and or remedial steps be taken to ensure

compliance to regulations and legislation. 4. That the recommendations of the Council meeting of 27 November 2014 be

reaffirmed.

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OVERSIGHT REPORT ON THE MID- YEAR BUDGET & PERFORMANCE ASSESSMENT IN TERMS OF SECTION 88 OF THE MUNICIPAL FINANCE MANAGEMENT ACT, 2003 FOR MUNICIPAL OWNED ENTITIES FOR JULY –DECEMBER 2014 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)

The purpose of this report is to provide oversight report on the Mid-year Budget and Performance Assessment in terms of Section 88 of the Municipal Finance Management Act,2003 for Municipal Owned Entities (July-December 2014).


RESOLVED:

i. That a report be submitted and presented to MPAC in the May 2015 oversight

meeting, indicating steps taken in addressing all challenges highlighted within

SWA and progress in that regard.

ii. That a report be submitted and presented to MPAC in the May 2015 oversight

meeting updating the Committee on developments regarding the TEDA

spending pattern, model to ensure financial sustainability and reduce

dependency on the City, alignment of the organizational design and review of

the business plan to achieve its mandate.

iii. That a report be submitted and presented in the MPAC meeting of May 2015 ,

highlighting progress by HCT on construction of new units in the three

identified areas and interventions to ensure that spending patterns are linked

to targets to avoid variances by the end of the financial year.

4. That Housing and Human Settlement Department finalise the transfer of

outstanding immovable properties to HCT and report to MPAC in May 2015. b. That the three respective Municipal Entities be invited separately to the Section

79 Standing Committee: Public Accounts, in order to make a presentation to

the Committee with regard to their respective business plans.

c. That the Chairperson of the Section 79 Standing Committee: Public Accounts

liaise with the Service Delivery Coordinator and Transformation Manager to

determine which entity should address the Committee first.

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OVERSIGHT REPORT ON THE MID-YEAR (SECTION 72) PERFORMANCE REPORT FOR 2014/15 FINANCIAL YEAR (From the Section 79 Standing Committee: Public Accounts: 13 March 2015) The purpose of this report is to provide oversight report on the Mid-year (Section 72) Performance Report for 2014/15 financial year.


RESOLVED:

i. That cognisance be taken of the contents of this report.

ii. That a report be submitted to MPAC quarterly, on the efficacy of measures

introduced by the City to address matters raised by the Auditor General in the

audit for financial year 2013/14.

iii. That the insufficient stock and funding for regions be considered in the budget

allocation in the new financial year.

iv. That a report on an applicable disaster management plan be made available to

the Section 79 Standing Committee: Public Accounts at its next meeting to be

held on 10 April 2015.

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CORPORATE MONTHLY AND MID-YEAR FINANCIAL REPORT FOR THE PERIOD ENDED 31 DECEMBER 2014 (From the Section 79 Standing Committee: Public Accounts: 13 March 2015)

The purpose of this report is to provide oversight report on Corporate monthly and mid-year financial report for the period ended 31 December 2015. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED:

1. That cognizance be taken of the contents of this report. 2. That the Strategic Executive Directors provide reasons for the variances and

corrective measures taken and a report in this regard be submitted to MPAC meeting of April 2015.

3. That Departments put measures in place to recover the budgeted revenue

and inform the City Manager, accordingly if this revenue will not be realised. 4. That cognizance be taken of several efforts taken by the Municipality to

increase its revenue collection. 5. That Department utilizes internal services to prevent double costing of goods

on services available in the organization.

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M.D Matsena (012 3581723) COUNCIL: 26 March 2015 7. OFFICE OF THE SPEAKER

OVERSIGHT REPORT ON THE PERFORMANCE OF SUPPLY CHAIN MANAGEMENT FOR THE 2ND QUARTER OF THE 2014/15 FINANCIAL YEAR: 01 OCTOBER- 31DECEMBER 2014 (From the Section 79 Standing Committee: 13 March 2015)

The purpose of this report is to provide oversight report on the Supply Chain Management performance for the 2nd quarter of the 2014/15 financial year (FY).

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognizance be taken of the contents of this report 2. That recognition be given to people with disability and women when tenders

are awarded. 3. That commitment made during the State of the City address with regard to

co-operatives be taken into consideration when awarding Tenders. 4. That the Service Delivery Coordinator and Transformation Manager submit

written explanations as to why the Municipality deviated in respect of Innovate Farming Systems (Pty) Ltd as well as the appointment of an auctioneer to the Section 79 Standing Committee: Public Accounts at its next meeting to be held on 10 April 2015.

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8. OFFICE OF THE SPEAKER

QUESTIONING COUNCIL ABOUT THE CREDEBILITY AND THE INTEGRITY OF THE AUDITOR GENERAL BY COUNCILLOR S MULLER (From the Section 79 Standing Committee: Rules and Ethics: 24 February 2015 and the Section 79 Standing Committee: Rules and Ethics: 20 March 2015) The purpose of this report is to determine whether the question posed by Councillor S Muller to Council about the credibility and the integrity of the Auditor-General constitutes contravention of the Rules and Orders

(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 Councillor S Muller contravened Section 181(4) of the Constitution.

3. That Councillor S Muller contravened Section 2(b) of the Code of Conduct.

4. That Councillor S Muller withdraws the question.

5. That should Councillor S Muller refuse to withdraw the question, the Speaker

shall exercise her powers in terms of Section 13 of Schedule 1 of the System Act read with the Rules and Orders Bylaw, 2012.

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(b)(ii) RESOLUTIONS BY OVERSIGHT AND STANDING COMMITTEES REPORTING TO COUNCIL

(ANNEXURE B)

In terms of Section 8(f)(b)(ii) of the Rules and Orders, the resolutions from the Petitions Committee meeting held on 19 February 2015 was submitted to Council for discussion/cognisance. During the debate on Annexure B at the Council meeting of 26 March 2015, no proposal was made that the Section 79 Standing Committee: Petitions be requested to reconsider any resolution contained in the Annexure.

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G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN

QUESTIONS SUBMITTED IN TERMS OF SECTION 10 OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY: COUNCIL: 26 MARCH 2015 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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6 ANSWER TO QUESTIONS OF CLLR K MINNIE FOR COUNCIL MEETING OF 26 FEBRUARY 2015

The Tshwane Sport Council (TSC) was launched on 10 June 2012 after a process wherein previous sport councils were dissolved. The TSC was established under the supervision of the City of Tshwane SRAC Department, Gauteng Sport Council and SASCOC as part of the South African Sport Plan in order to promote and effect:

1. the good governance in local sport 2. the Transformation of Tshwane Sport Council into a association

reflecting the spirit and values of the Bill of Rights 3. the administration and general development of all sport codes and

local sport for all the people of the City of Tshwane.

The TSC was recognized by Council and a Memorandum of Understanding and budget was promised by the MMC SRAC to the TSC to run their affairs more effectively.

1. Can the Executive Mayor please indicate if the Memorandum of Understanding

between the City of Tshwane SRAC Department and the Tshwane Sport Council is still going to take place and when?

Answer

The Department prepared the MoU sometime last year which was also shared with the TSC for inputs. The process of finalizing the MoU delayed following the resignation of the Executive Director that was handling the inputs to the agreement. The process was resuscitated with the Executive Director that is currently responsible for contracts and he has made all the inputs to the agreement. A report to the City Manager is currently on its way to his Office for his approval and subsequent signing of the agreement. This process is envisaged to be finalized by the end of March 2015.

2. Can the Executive Mayor also indicate if there is going to be any budget for the

TSC in the 2014/15 and the 2015/2016 financial Year? Answer The Department has included the allocation of the TSC in the 2015/16 Budget submission and this will be confirmed once the corporate Budget is approved by Council.

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3. Can the Executive Mayor finally also indicate how the City of Tshwane SRAC department would like to see the role of the TSC in Tshwane and in the seven regions of the City of Tshwane?

Answer

As stated in its Constitution, the Department would like to see the TSC contributing positively to general development of all Sports codes within the boundaries of the Tshwane Metropolitan. It is expected of the TSC to assist in establishing and supporting the Federations that are the custodians of the all sporting codes. Similarly, with regards to its role in the Regions, the Department expects the TSC to assist in establishing and supporting Sub-Regional and Local Sports Council in all the Regions and Wards. These structures should play various pivotal roles and key amongst those is to assist and co-operate with TSC, Local and Provincial Sport Federations and the Local Sport Councils in developing Sport codes and in the implementation of Sport development programs, including competitive Sporting events and mass participation programs.

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7 ANSWER TO QUESTIONS OF CLLR D MNGUNI FOR COUNCIL MEETING OF 26 FEBRUARY 2015 I refer to the Section 79 Oversight Committee: Community Safety progress Report dated 18 November 2014 with respect of the Closed Circuit Television (CCTV) Camera Network within the City Of Tshwane. A. Why hasn’t the City installed Facial Recognition Software in its control centre as

to curb and identify repeat offenders, drug dealers, corrupt safety officials, etc. ?

Answer A new tender, CB227/2013 was awarded to Morubisi Technologies on 01 November 2014 for the installation of over 200 new cameras. The cameras specs include the following: 1. Audio challenge meaning an operator will be able to talk to people

committing offences

2. Number plate recognition software

3. Panic button

4. Facial recognition software

5. Over 200 new cameras be rolled out to most parts of the City.

B. How many of the CCTV Cameras are capable of high quality Infra-red imaging

as to maintain high quality night time visuals in low lit environments/ conditions?

Answer The existing cameras are equipped with infra-red lights and the 200 plus cameras still to be installed have the same capabilities. C. Does the City plan to have the cameras be rolled out to other high crime zones

such Hammanskraal Station, Mabopane Station, and Deneboom Station?

Answer The new tender will cover all the policing precincts in Tshwane, including the areas mentioned above. D. If so, when?

Answer The roll-out will commence as soon as budget allocations are done. E. If not, why not?

Answer Please refer to the answer in question 4.

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8 ANSWER TO QUESTIONS OF CLLR LJ WELMANS FOR COUNCIL MEETING OF 26 FEBRUARY 2015

On the Council meeting of 28th June 2012 the policy on the management of the hospitality suites at Loftus Versfeld, Supersport Park, Lucas Moripe and the HM Pitje stadiums was approved. The distributing and allocation of tickets for these stadiums was allocated to the Communications, Marketing and Events Department of the City Manager’s office. These Department should developed a guest list for the allocation and distribution of tickets as per approved protocol by Council that also should be on the order of the following seniority: The Office of the Executive Mayor, The Office of the Speaker, The Office of the Chief Whip, MMC’s, Sec 79 Chair persons, Councillors, The Office of the City Manager and Departments. Application for the allocation of tickets should be implemented as the approved protocol seniority in Council. Ticket holders are only aloud to apply for two tickets and must personally sign for allocated tickets and also attend personally at the suite where they must sign the visitors register. If ticket holders not attend personally they will not be aloud to apply for tickets for the period of three months. For the year 2014 Councillors could not get hold of any tickets from the City Manager or the MMC Sport and Recreation Offices. A. Can the Executive Mayor please indicate what Department and who was

responsible for the distribution of these tickets during the year of 2014?

Answer On the 28 June 2012 Council resolved that the Office of the Strategic Executive Director: Communications, Marketing and Events will coordinate the management and operations of the suites in cooperation with the Sport and Recreation Department, which includes the distribution of the tickets. After a careful reconsideration of the administrative implications, the Strategic Executive Director: Communications, Marketing and Events and the then Strategic Executive Director: Sport and Recreational Services mutually agreed that the Sport and Recreational Services Department is better placed to manage the hospitality suites and this has been the case to date including during the year in question. A report to request Council to amend recommendation 4 of the Report on the Policy on the Management of Hospitality Suites at Loftus Versfeld, Supersport Park, Lucas Moripe and HM Pitje Stadiums is currently on the C9 system and will soon serve on the Portfolio Committee.

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B. Can the Executive Mayor please also indicate if the Council approved policy on the management of the hospitality suite at Loftus Versfeld for the allocation of tickets for all rugby, cricket and soccer games was strictly implemented as protocol required by the Council approved policy?

Answer Yes, the Council approved Policy on the Management of Hospitality Suites at Loftus Versfeld, Supersport Park, Lucas Moripe and HM Pitje Stadiums for the allocation of tickets for all rugby, cricket and soccer games was strictly implemented as protocol requires by the Council approved Policy.

C. Can the Executive Mayor explain to us what procedures must be followed by

councilors to apply for tickets and also the time frame before games when councilors must apply?

Answer Paragraph 6.1 bullet point number three of the approved Policy on the Management of Hospitality Suites at Loftus Versfeld, Supersport Park, Lucas Moripe and HM Pitje Stadiums sates that “Tickets are to be booked through the Office of the Strategic Executive Director: Marketing, Communications and Events five working days before the date of the game. Thereafter, tickets will be allocated to others on the waiting list. In light of the above arrangement between the Strategic Executive Director: Communications, Marketing and Events and the then Strategic Executive Director: Sport and Recreational Services, councillors are respectfully requested to book the tickets through the Office of the Strategic Executive Director: Sport and Recreational Services. D. Can the Executive Mayor also please give us a break-down of al the ticket holders

who applied for tickets for all rugby, cricket and soccer games during 2014 and also if they personally attend and signed the visitors register by attending these games at the suite?

Answer Given the limited number of tickets for all the suites respectively and the fact that they are not opened for all the games that are played, the Office of the MMC for Sports and Recreational Services and the Strategic Executive Director: Sport and Recreational Services agreed to distribute the tickets as per paragraph 6.2 of the approved Policy on the Management of Hospitality Suites at Loftus Versfeld, Supersport Park, Lucas Moripe and HM Pitje Stadiums. This means that as and when the Department opens a suite, which is for major games only, an email will be sent to all the Offices of the Political Principals and the Senior Management based on the order of seniority as contemplated in paragraph 6.1, bullet number 3 of the same Policy. In some instances some Councillors and Officials will request the tickets, particularly for Rugby games, even though the Department will not be opening the suite and they will cater for themselves and take full responsibility for the suite.

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The Councillors and Officials that take the tickets attend the games and they do sign the visitors register. It should be mentioned though that at times, it is difficult to manage the register due to the inconsistencies of attending the games by officials due to limited human capacity. E. Can the Executive Mayor finally also indicate what the refreshments budget was for

the 2014/15 financial year and also please give us a breakdown how it was spend per game up to December 2014.

Answer The budget for the management of suites for the 2014/15 financial year is R78 351 and from July to December last year only two games (Springboks v/s Argentina and Sundowns v/s Orlando Pirates) were catered for at a combined cost of R18 169.36.

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(i) ANSWER TO QUESTIONS OF CLLR CF BEKKER FOR COUNCIL MEETING OF 26 FEBRUARY 2015

The much- needed Tshwane Bus Rapid Transit system was launched in November 2014 after long delays. Early indications regarding the success of the project, bearing in mind all the expected teething problems for such an ambitious project, are however alarming. Clarity- seeking questions are therefore submitted in this regard. The City of Tshwane (CoT) is in the process of implementation Phase-1 of the Bus Rapid Transit called A Re Yeng (ARY). The Phase-1 network design comprises two trunk line services and numerous feeder services supplemented by a comprehensive non-motorized transport (NMT) network. Line-1 and Line-2 operates between Pretoria CBD and Soshanguve (Kopanong) as well as Pretoria CBD and Mahube Valley respectively. The trunk line service comprise of median dedicated trunk line and low-floor stations. The ARY network integrates with rail network at five key rail stations namely Kopanong, Wonderboom, Pretoria Station, Hatfield as well as Denneboom. Below are the responses according to the order of questions. 1. The projection was for an average daily commuter ridership of 5000 commuters;

according to available information, only 1000 commuters are making use of the service presently. Can this be explained and what are the reasons for this discrepancy?

Answer The projected average daily commuter ridership of 5000 commuters was estimated based on the planned Inception Phase-1A, which comprises of the following route network:

o Dedicated trunk route between Pretoria CBD and Hatfield. o Six feeder routes

� F1 - Sunnyside/Steve Biko Academic Hospital � F2 - Pretoria CBD/ Steve Biko Academic Hospital � F3 - Pretoria West/TUT � F4 - Muckleneuk/Groenkloof � F5 - Pretoria CBD clockwise � F6 - Pretoria CBD anticlockwise

Furthermore the route network was intended to connect Pretoria CBD with the public amenity points shown below:

1. Higher education institutions a. (University of South Africa (UNISA), b. University of Pretoria (UP), and c. Tshwane University of Technology (TUT).

2. Hospitals

a. Steve Biko Academic,

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b. Med-Forum, c. Louis Pasteur, d. Sammy Marks Clinic, e. Little Company of Mary, and f. Zuid Afrikaans Hospital

3. Public transport nodes

a. Taxi and bus ranks, b. Gautrain Stations, and c. Metrorail Stations.

Two main feeder routes, F2 and F3, were not included on Go-Live date (December 2014). The City did not reach agreements with the identified affected operators. It was decided that the additional investigations be conducted to identity other affected operators. The process is expected to be completed by June 2015.

The table below summarises the activities that occurred during the period since inception until 21 March 2015, indicating a progressive increase in ridership throughout the months.

Activity December January February 1 -21 March

2015

Average Number of Trips Per Day 701 1 300 2 181 3 069

2. Indications are that extremely high fees have been paid to consulting firms such

as A-M Consulting Engineers (Pty) Limited and Gladafrica Consulting (Pty) Limited. Please give details of the amounts of money that were paid to this specific firms during the previous three financial years and what services did they provide?

Answer The City of Tshwane (CoT) required the services of appropriately qualified professional Service Providers with expertise and experience in the planning, design, implementation, operation and management of its Tshwane Rapid Transit project (TRT), and in order to achieve this it establishing a Project Management Unit (PMU). A dedicated Project Office has been established by the CoT and it is situated in Hatfield, Pretoria, where the CoT’s team is located together with certain Service Providers. The Service Providers will be required to execute tasks and functions under the direction, management and supervision of the CoT in accordance with a specific Scope of Works (SoW) that will be issued for each work instruction. Overall authority and responsibility for the project vests with the Executive Project Manager: IRPTN Specialised Unit and the project are managed through a high-level Steering Committee, a Technical Committee as well as various discipline-specific technical committees. Service providers will report to nominated CoT officials responsible for various aspects of the project and from time-to-time they will also be required to interact with various committees.

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The project’s current technical resourcing is mainly provided by a Project Management Unit (PMU) that provides of a range of multi-disciplinary professional services to the CoT, ranging from Project Management through Infrastructure Planning and Design, Transport Modelling, Transport Economics, Finance, Industry Transit and Stakeholder Management. The approach utilised by the City to pay for fees is the most recent Gazetted guideline fee rates and rules for the firms that are registered in Built Environment Professionals, in terms of the following Built Environment Legislation, namely;

- the Engineering Profession Act (No. 46 of 2000), - the Architectural Profession Act (No. 44 of 2000), - the Landscape Architectural Profession Act (No 45 of

2000), - the Quantity Surveying Profession Act (No. 49 of 2000) and - the Planning Professions Act (No. 36 of 2002).

The other firms, not covered above, are utilising the current fee rates recommended by the Department of Public Service and Administration (DPSA) applicable to consulting categories for which no standardised rates have been determined by professional institutes or associations established in terms of legislation have been applied. The following were the deliverables:

• Complete planning and design of the entire Phase-1 trunk line (Line 1 and 2) and related feeder network

• Completed supervision of construction of Phase 1A (Pretoria CBD and Hatfield)

• 90% completion of supervision for construction of Phase 1B (Pretoria CBD Completed the planning of Line 3 (CBD to Atteridgeville)

Please take note that Messrs Gladafrica Consulting (Pty) Ltd were not contracted to the Tshwane Rapid Transit project during the previous three financial years. 3. The appointments of the project managers and design engineers for the

Tshwane Rapid Transit project have already exceeded the three years allowed by the MFMA. Can this be explained?

Answer In terms of the Municipal Finance Management Act (No 56 of 2003) and the CoT’s Supply Chain Management Policy adopted under the Act, the CoT is obliged to follow a competitive bidding process when appointing Service Providers. This also was applied to the appointments within the Tshwane Rapid Transit project.

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In 2011, The Project Management Unit (PMU) tender (CB57/2011) was awarded to Messrs A-M Consulting Engineers for a period of three (3) which ended during May 2014. During March 2014 the City advertised again for the new PMU tender and in May 2014, the tender (CB21/2014) was awarded to Messrs A-M Consulting Engineers for a period of three (3). This appointment will be valid until May 2017. 4. When will implementation of the next phases of the system begin to make the

operation of the system more financial viable?

1. How much will be spend on this? 2. How will this be funded?

Answer The planning and implementation of the project is currently funded through the Public Transport Infrastructure Grand (PTIG) while the operation of the service is funded through the Public Transport Operation Grand (PTOG). The projected expenditure is R4.8 billion for Capital and R300 million per annum for Operations. The proposed operational phasing containing the implementation dates is shown on Figure 1 below:

Figure 1: Proposed Operational Phasing

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H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS MEETING OF 26 FEBRUARY 2015

There were none.

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I. NEW MOTIONS

(A) MOTION 59: COMPLETE AUDIT ON THE ROOIWAL MUNICIPAL HOUSES

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 JJ Coetzee, seconded by Cllr M Aucamp:

(Unaltered)

Council resolves that:

• An audit be done on occupation of Municipal houses at Rooiwal and status of the municipal accounts on these properties.

• A report on the findings serve before council within 60 days.

The Speaker further indicated that this motion complies with the provisions of Section 18 of the Rules and Orders and allowed the motion for discussion. Since there was no opposition to the motion, it was resolved as set out below: RESOLVED: 1. That an Audit be done on the occupation of Municipal houses at Rooiwal and

status of the municipal accounts on these properties. 2. That a report on the findings in line with recommendation 1 serves before

Council within 60 days.

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(B) MOTION 60: RULE 39 OF THE CITY OF TSHWANE RULES AND ORDERS 2012

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 MS Shackleton, seconded by Cllr M Aucamp:

(Unaltered)

The Council NOTES as follows: 1. Rule 39 of the City of Tshwane Rules and Orders 2012 does not

specifically make mention of a set manner of voting to be conducted in Council;

2. There is a need to ensure a spirit of democratic governance and

accountability in the City of Tshwane. The Council RESOLVES as follows: 8.1.2.1 Voting by secret ballot will be conducted when requested by one third

of Members of Council.

The Speaker hereafter explained the provisions of Section 19(3) and Section 39(1) of the Rules and Orders as quoted hereunder:

(Unaltered) ‘19. The Speaker must disallow a motion or proposal if-

(3) the motion or proposal would, if passed, be contrary to the

provisions of these Rules and Orders or of any other law, or would be impractical.’

‘39(1) Every motion or proposal must be submitted to the Speaker or

Chairperson of a committee, who is required to call on the members to indicate by an appropriate manner to be determined by the Speaker or Chairperson of a Committee whether they are for or against the motion or proposal, and the Speaker or said Chairperson must declare the result of the voting.’

The Speaker further, just for explanatory purposes, requested Council to note that much as it was true that Section 39(1) of the Rules and Orders indeed does not prescribe a specific manner of voting on motions or proposals, it does not allow for the Speaker to determine ‘an appropriate manner’ to vote, and as this is currently been done by show of hands when a motion or proposal is opposed and a counter proposal is submitted.

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The Speaker furthermore explained that voting by secret ballot (i.e. ballot papers with secret markings being distributed to Councillors during a Council meeting, collected in a ballot box and then counted) was used, as prescribed by Schedule 3 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), as amended, for purposes of the Election of Municipal Office Bearers (Speaker, Executive Mayor and Chief Whip of Council). The Speaker added that the motion by Cllr Shackleton intends for Council to approve an amendment to the City of Tshwane: Rules and Orders By-laws, 2012 and the procedure for the amendment to and ultimate passing of a by-law is legislated. In light of the above, the Speaker indicated that the Motion was contrary to the provisions of the Rules and Orders and impractical, and therefore disallowed the motion it in terms of Section 19(3) of the Rules and Orders.

RESOLVED:

That motion 60 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 March 2015 in terms of Section 16(1) of the Rules and Orders: 1. Petition regarding the noise pollution caused by Industrial Shisanyama at the

corner of Rabie and Von Willich Streets, Die Hoewes, Ward 66 (by Cllr Prof CJ Napier).

2. Petition requesting visible policing around Jubilee Park in Sunnyside, Ward 81

(by Cllr KY Dzumba). 3. Petition requesting the zoning of a Park in Lotus Gardens Ext 2, Phase 5, Ward

7 (by Cllr S Motsoaneng). 4. Petition regarding drug trafficking in Ward 30, 31 and 32, Garankuwa.

5. Petition regarding Upgrading and Tarring of 32nd and 45th Roads in Doornkloof

Small Holdings, Ward 65 (by Cllr JC Spoelstra). 6. Petition requesting Traffic Circle at the cnr Mahonie and Sonya Streets,

Doornkloof, Ward 65 (by Cllr JC Spoelstra). 7. Petition requesting traffic lights at Nellmapius and Main Roads Intersection,

Irene, Ward 65 (by Cllr JC Spoelstra).

8. Petition regarding the planned cancellation of a bus route in Wonderboom South (by Cllr CF Bekker).

9. Petition regarding Speed Control in Walmarans Street, Jan Niemandpark, Ward

87 (by Cllr J Boshoff). 10. Petition regarding the refurbishment of the Menlo Park Electricity Substation,

Ward 82 (by Cllr S Muller). 11. Petition requesting a low water bridge at the corner of Flowers and E’skia

Mphahlele in Capital Park, Ward 58 (by Cllr E Nel). 12. Petition requesting the removal of vagrants and to secure the bridges and river

banks in Apies River at Scheiding and Jeff Masemola (Jacob Mare) Streets, Ward 80 (by Cllr S Maas).

13. Petition regarding Abnormal Billing, Ward 33 & 34(by Cllr ZC Khumalo). 14. Petition regarding the levying of a penalty property rate on illegal users in

Arcadia North of Stanza Bopape (by Cllr J du Plooy). 15. Petition requesting the installation of traffic calming measures between

Johnston and Walton Jameson Streets, Sunnyside East, Ward 92 (by Cllr J du Plooy).

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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

Report on the Authorization of an Investigation into Allegations of Misconduct as set out in Section 2 of Schedule 1 of the Systems Act (Act 32 of 2000) as contained in the Rules and Orders Bylaw, 2012 by Councillor LM Ngobeni …………………………………………. 105

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MAPITI MATSENA (012 358 8065) COUNCIL: 26 March 2015 1. OFFICE OF THE SPEAKER

REPORT ON THE AUTHORIZATION OF AN INVESTIGATION INTO ALLEGATIONS OF MISCONDUCT AS SET OUT IN SECTION 2 OF SCHEDULE 1 OF THE SYSTEMS ACT (ACT 32 OF 2000) AS CONTAINED IN THE RULES AND ORDERS BYLAW, 2012 BY COUNCILLOR LM NGOBENI The purpose of this report is: (ii) To seek authorization from Council to formally investigate allegations of

misconduct by Cllr LM Ngobeni as require by Section 13(1)(a) - (d); (2);(3) and (4) of the Local Government: Municipal Systems Act 32 of 2000, Schedule 1 dealing with the Code of Conduct for Councillors hereafter referred to as the Act;

(iii) To follow appropriate procedure as set out in Section 13; and (iv) To make appropriate recommendations based on the findings of the

investigation. During consideration of this item by Council on 26 March 2015, the Speaker explained the provisions of Item 13(2) of the Code of Conduct for Councillors, namely that the report in this regard is opened to the public. She further explained the requirements of the Council procedure of 27 September 2007 for purposes of dealing with alleged breaches by Councillors of the Code of Conduct, namely, that a Councillor concerned must excuse himself/herself from the duration of the discussion pertaining to his/her case and may only return to the Council meeting once the matter has been finalized by the Council. Subsequently the Speaker requested Cllr Ngobeni to excuse himself from the meeting for the duration of the discussion of this matter. Cllr Ngobeni hereafter left the meeting, whereafter it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 16. That the Council take cognizance of the report.

17. That the Council authorize the investigation of the alleged misconduct by Cllr

LM Ngobeni.

18. That the Section 79 Standing Committee: Rules and Ethics be recognized and be confirmed and approved as a Special Committee envisaged in Section 14 of the Code of Conduct for Councillors as set out in Schedule 1 of the Systems Act.

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L. CONCLUSION

The Speaker thanked all Councillors for their valuable inputs during the meeting and declared the meeting closed at 15:30.

council minutes for approval at - example.com calendar...ngwenya cb 97. ngobeni lm 98. ngobeni mr...

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