council minutes for approval at the 50 council meeting … · 50th council meeting of the city of...

1

COUNCIL MINUTES FOR APPROVAL AT THE 50

th COUNCIL MEETING OF THE CITY OF

TSHWANE METROPOLITAN MUNICIPALITY (THIRD TERM OF THE CITY OF TSHWANE), TO BE HELD ON 26 NOVEMBER 2015 AT 10:00.

Council Meeting of the City of Tshwane Metropolitan Municipality held on 29 OCTOBER 2015 at 10:00.

2

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, 29 OCTOBER 2015 at 10:00.

3

COUNCILLORS PRESENT: COUNCIL MEETING: 29 OCTOBER 2015

ANC:

PROPORTIONAL

1. Ramokgopa, KD (Executive Mayor) (Apology) 2. Mosupyoe-Letsholo AWMK (Speaker) (Apology) 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) 14. Lebese OS 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 (Apology) 32. Mmoko TE 33. Modise S 34 Mohlala RJB 35. Mojela DL

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

4

WARD

52. Aphane MJ 53. Baloyi JK 54. Baloyi RW 55. Boroto AS 56. Essop M 57. Hlatshwayo PB 58. Katake NS 59. Komani NJ 60. Kwenda-Sesoko LH (Special leave) 61. Ledwaba DC 62. Mabelane VP 63. Mabena MJ 64. Mabona AD 65. Mahlase CM 66. Majeng PL (Apology) 67. Makgatho JT 68. Makola MA 69. Malapane ND 70. Maluleka AM 71. Mampheko AM (Special leave) 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 81. Masombuka JB 82. Masupha NR 83. VACANT 84. Mathe D 85. Matshela TP (Special leave) 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 (Apology) 95. Musehane ME 96. Ngwenya CB 97. Ngobeni LM 98. Ngobeni MR 99. Nkosi JB 100. Nkosi FE 101. Ntuli JC (Special leave) 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 (Apology) 112. Sibaya J 113. Sindane JM 114. Sithole ST 115. Thobejane EM 116. Tlometsane SP 117. Tsela CD 118. Tshabalala ES

5

DA :

PROPORTIONAL

1. Brink C (Apology) 2. Bosch C (Apology) 3. Campbell AW 4. Duvenage Y 5. Dzumba KY 6. Erasmus DJ 7. Fourie M 8. Fourie S 9. Jacobs MJ 10. Jansen J 11. Joosub U 12. Khumalo ZC 13. Lee TW 14. Maake MR 15. Maas S 16. Mampuru MM (Apology) 17. Mashego JD (Apology) 18. Mathibedi LR 19. Millar PE 20. Minnie KJ (Apology) 21. Mnguni DSL (Apology) 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 (Apology) 36. Pretorius GC 37 Ramohoebo M (Apology) 38. Rens SD 39. Shackleton MS 40. Topham BR 41. Uys R 42. Van den Heever CM 43. Visser GP 44. Weber H 45. Welmans LJ

WARD

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

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

6

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. Lekgoathi, LJ

APC:

PROPORTIONAL 1. Thobakgale, TF

REPRESENTATIVES FROM THE TRIBAL AUTHORITIES

1. Amandebele Ba Lebelo

Not in attendance 2. Amandebele Nzunza Sokhulumi

G Mahlangu

REPRESENTATIVES FROM TWBCF

Ms NM Makeke Ward 7 Mr J Dibete Ward 51 Mrs E Mokgopha Ward 27 Mr N Khumalo Ward 88

7

MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 29 OCTOBER 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 ………………………………. 13 B. APPLICATIONS FOR LEAVE OF ABSENCE …………………………. 14 C. OFFICIAL NOTICES …………………………………………….……….. 15 D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER

PROPOSALS ALLOWED BY THE SPEAKER ………………………... 16-17 E. CONSIDERATION OF THE MINUTES OF THE

PREVIOUS COUNCIL MEETINGS: ORDINARY OPEN COUNCIL: 23 SEPTEMBER 2015 AND IN-COMMITTEE COUNCIL: 23 SEPTEMBER 2015 ……..……………………………..…… 18-19

8

MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 29 OCTOBER 2015 F. REPORTS TO THE COUNCIL (a) REPORTS OF THE EXECUTIVE MAYOR (i) RECOMMENDATIONS TO COUNCIL

PART I: FROM THE MAYORAL COMMITTEE MEETING: 2 SEPTEMBER 2015

INDEX

PAGES

(The recommendation appears on the page indicated in brackets) 1. City Planning and Development Department (Tshwane Inner City Regeneration Strategy)

(Strategic Intervention and Implementation Plan) Government Estate Development Framework (From the Mayoral Committee Cluster: Infrastructure and Planning: 13 August 2015 and the Mayoral Committee: 2 September 2015)…………………………….. 21

PART II: FROM THE MAYORAL COMMITTEE MEETING: 16 SEPTEMBER 2015 2. Office of the Deputy City Manager: Service Delivery Co-ordination

Approval to transfer improved erven in the Asiatic Bazaar (Marabastad) to specific historic owners/tenants (last and final report of improved properties) (From the Mayoral Committee Cluster: Governance: 10 September 2015 and the Mayoral Committee: 16 September 2015) ……………………………… 22-24

3. Office of the Deputy City Manager: Service Delivery Co-ordination

Erf 248, Kilner Park Award Winning: Kilnerton Memorial Park (From the Mayoral Committee Cluster: Governance: 10 September 2015 and 16 September 2015) …………………………. 25

4. Office of the Deputy City Manager: Service Delivery Co-ordination

Request to extend the hall of the Solus Ortus Karate Club and the Boet van Rooyen Wrestling (trading as Tuks Wrestling Club) located on Erf 2354, Garsfontein (From the Mayoral Committee Cluster: Governance: 10 September 2015 and the Mayoral Committee: 16 September 2015) ……………………………. 26

9

PART III: FROM THE MAYORAL COMMITTEE MEETING: 7 OCTOBER 2015 5. Group Financial Services Department

Write-off of irrecoverable debt linked to debtors (From the Mayoral Committee Cluster: Governance: 30 September 2015 and the Mayoral Committee:7 October 2015)……………………………………. 27-28

6. Group Financial Services Department Grants and subsidies progress report for the period ended 31 August 2015 (From the Mayoral Committee Cluster: Governance: 30 September 2015 and the Mayoral Committee: 7 October

2015)………………………………………………………..……..………….. 29 7. Group Property Management

(Corporate Property and Logistical Services) Proposed Sale of portion 1 Erf 482 Wonderboom South (From the Mayoral Committees: 10 June 2015 and7 October 2015)…………………………………… 30-31

8. Office of the Executive Mayor

The 2016 Tshwane International Trade Infrastructure Investment Conference (TITTIIC). (From the Mayoral Committee Cluster: Governance: 10 September 2015 and the Mayoral Committee: 7 October 2015)………………………………… 32-33

9. Group Legal Services Department Objections to the Park Closure: Erf 53 Verwoerdburgstad (From the Strategic Land Development Tribunals: 16 October 2014; 28 November 2014; 7 February 2015 and 28 September 2015 and the Mayoral Committee:7 October 2015)……………………………….… 34

10. Emergency Services Department

Fire brigade Services Division Second report on the standardisation of the Fire Brigade Service By-Laws and the subsequent promulgation thereof for Implementation within Tshwane (From the Mayoral Committee Cluster: Health and Social Development: 13 August 2015 and 30 September 2015 and the Mayoral Committee: 7 October 2015)…………………………. 35

11. Sports and Recreational Services Department

Feedback report on the alignment of the Library Information Services By-Laws, including public consultations with key stakeholders (From the Mayoral Committee Cluster: Health and Social Development: 30 September 2015 and the Mayoral Committee: 7 October 2015)………………………………... 36

10


Feedback report on alignment and reviewed draft for the City of Tshwane's Museums; Art Galleries and Heritage sites policies including public consultations with key stakeholders (From the Mayoral Committee Cluster: Health and Social Development: 30 September 2015 and the Mayoral Committee: 7 October 2015)………………………………… 37


Feedback report on the alignment and reviewed Arts and Culture; Heritage Resources Management Units By-Laws including public consultations with key stakeholders (From the Mayoral Committee Cluster: Health and Social Development: 30 September 2015 and the Mayoral Committee: 7 October 2015)……………………………..… 38

PART III(A): FROM THE MAYORAL COMMITTEE MEETING: 7 OCTOBER 2015 14. Group Audit and Risk Department

Report on the performance of the Audit and Performance Committee (APC) of the City of Tshwane and its Municipal Entities to the Mayoral Committee for Quarter 4 and 1 of financial year 2014/2015 (April – August 2015) (From the Mayoral Committee: 7 October 2015)……………………… 39

PART IV: FROM THE MAYORAL COMMITTEE MEETING: 14 OCTOBER 2015 15. City Strategies and Performance Management Department

Confirmation of the process towards the development of the 2016/21 IDP for the City of Tshwane (From the Joint Mayoral Committee Cluster: 14 October 2015)…… 40

16. City Strategies and Performance Management Department

City of Tshwane performance report on the IDP and SDBIP for Quarter 1 of Financial year 2015/16 (Unaudited)……………………….. 41

17. Corporate and Shared Services Department

Total remuneration packages payable to Top Management for the year 2015/16 (From the Joint Mayoral Committee Cluster: 14 October 2015)….. 42-43

18. Group Financial Services Department:

Municipal Finance Management Act (MFMA): In-year financial report (monthly and first quarter budget statement) for the period ending 30 September 2015……………………………… 44-45

19. Group Financial Services Department

Grants and subsidies progress report for the period ended 30 September 2015…………………………………………. 46

11

20. Office of the Executive Mayor 1st Quarter assessment report: Tshwane Economic Development Agency (TEDA)

(From the Joint Mayoral Committee Cluster: 14 October 2015)…. 47

21. Office of the Executive Mayor 1st Quarter assessment report: Sandspruit Works Association (SWA)

(From the Joint Mayoral Committee Cluster: 14 October 2015)…. 48 22. Office of the Executive Mayor 1st Quarter assessment report: Housing Company Tshwane (HCT)

(From the Joint Mayoral Committee Cluster: 14 October 2015)…………………………………………………………. 49

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

A. MAYORAL COMMITTEE MEETING: 2 SEPTEMBER 2015…… 50

A.1 MAYORAL COMMITTEE MEETING: 16 SEPTEMBER 2015 …... 50

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

RECOMMENDATIONS TO THE COUNCIL ……………………….. 51-53

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

B. SECTION 79 STANDING COMMITTEE: PETITIONS: 17 SEPTEMBER 2015 …………….…………………………….. 54

G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN …………………. 55-69

H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS

MEETING …………………………………………………………………….. 70

I. NEW MOTIONS ………………………………………………………….... 71-77

J. PETITIONS …………………………………………………………………. 78 K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF

THE MEETING, AT THE DISCRETION OF THE SPEAKER

1. Office of the Speaker Allegations of Cllr JC Ntuli‟s contravention of the Code of Conduct for Councillors, read with Schedule 1 of

the Municipal Systems Act 32 of 2000 …………………..………..… 80-81

12

2. Office of the Speaker

Report on final ward demarcation by the Municipal Demarcation Board in preparation for Local Government Elections 2016 ………………………….... 82

L. CONCLUSION ………………………………………………………. 83

13


A. OPENING: PRAYER OR MEDITATION

The Acting Speaker, Cllr RJ Kekana, welcomed all present by requesting members to observe a moment of silence. The Acting Speaker further expressed words of welcome to the following members of the Transitional Ward Based Consultative Forum who attended the Council meeting to observe the proceedings: Ms NM Makeke Ward 07 Mr J Dibete Ward 51 Mrs E Mokgopha Ward 27 Mr N Khumalo Ward 88.

Hereafter, the Acting Speaker on behalf of the Council congratulated former Councillors BR Topham and BA Engelbrecht for being elected member of the National Assembly and member of the National Council of Provinces respectively and further wished them the best for the future.

14

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 (Executive Mayor) AWMK Mosupyoe-Letsholo (Speaker) LH Kwenda-Sesoko (Special leave) JC Ntuli (Special leave) SB Phiri (Special leave) AS Makaung (Special leave) AM Mampheko (Special leave) TP Matshela (Special leave) MV Motsei PL Majeng J Mkhize MM Mampuru C Brink TJ Babane M Aucamp AM Van Niekerk RH Motsepe IJ Pietersen DSL Mnguni M Surtherland JN Sibanyoni FW Van Wyk JD Mashego KJ Minnie M Ramohoebo C Bosch

(Remarks: 1. The following Councillors apologised for late arrival:

R Fourie PD Uys

2. The following Councillors apologised for early departure:

MMC JM Masango 12:30 DL Fleming 12:00 R Fourie 16:00.)

15

C. OFFICIAL NOTICES 1. DECLARATION OF TWO CASUAL VACANCIES (DA PR) The Acting Speaker informed Council about casual vacancies that occurred in the

DA following the resignation of Cllr AW Campbell as DA PR Councillor with effect from 23 September 2015 and the ceasing to hold office in the Municipality by Cllr BR Topham.

The Acting Speaker further explained that in accordance with item 18 of Schedule 1

of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), the Chief Electoral Officer must declare in writing the person whose name is at the top of the applicable party list to be elected in a vacancy. This, however, is subject to item 20 of the said Schedule 1, in accordance with which the party concerned may supplement, change or increase its list by not later than 21 days after the Councillor has ceased to hold office. The vacancy must then be filled within 14 days after expiry of the 21 days‟ period.

The Acting Speaker hereafter indicated that she would await further written word

from the Chief Electoral Officer and inform Council accordingly on the developments in this regard.

2. CASUAL VACANCY: WARD 42 The Acting Speaker informed Council about a casual vacancy that occurred in Ward

42 as a result of the resignation of Cllr BA Engelbrecht, DA Ward Councillor, note of which was received on 21 October 2015.

The Acting Speaker further explained that in accordance with Section 25(3) of the

Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), the City Manager, after consulting with the Electoral Commission, must by notice in a local newspaper call and set a date for the by-election which must be held within 90 days of the date on which the vacancy in Ward 42 occurred. She added that the City Manager in a letter dated 22 October 2015 had already informed the IEC of the vacancy, and also informed Cllr Engelbrecht about this matter.

The Acting Speaker furthermore explained that Section 25(6)(a)(ii) of the Municipal

Structures Act prescribes that the City Manager may not call a by-election if the next election of all Municipal Councils must be held within six calendar months of the date on which the vacancy occurred. Given the Local Government Elections to be held in 2016 and the advice from the IEC is being awaited on whether a by-election for Ward 42 can be proceeded with.

16

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

1. LATE BUT URGENT REPORTS IN TERMS OF LEGISLATION

The Acting Speaker indicated that the reports contained in Parts III(A) and IV of the agenda were received from the Office of the Executive Mayor, on 22 October 2015 and delivered to Councillors on SharePoint on the same day. She further indicated that due to urgency of the said reports, she had allowed such reports to serve in Council.

2. REPORTS ALLOWED BY THE SPEAKER IN TERMS OF SECTION 8(1)(k) OF THE RULES AND ORDERS

The Acting Speaker indicated that she had, in terms of Section 8(1)(k) of the Rules and Orders allowed the following two reports to serve in Council:

Allegations of Cllr JC Ntuli‟s contravention of the Code of Conduct for Councillors, read with Schedule 1 of the Municipal Systems Act, 32 of 2000

Report on the final Ward Delimitation by the Ward Demarcation Board in preparation for Local Government Elections 2016

She further indicated that these reports would be dealt with towards the end of the

agenda.

3. PRESENTATION OF TROPHIES: OR TAMBO GAMES

The Acting Speaker informed Council that she had been requested by MMC for Sports, Recreation, Arts and Culture, MMC NP Tyobeka Makeke, to allow her to, during the Council meeting, present trophies to the co-ordinators of the winning teams in various sporting codes at the OR Tambo Games that were held on 23 October 2015.

The Acting Speaker hereafter gave MMC Makeke an opportunity to present the said trophies to the following co-ordinators of the winning teams in various sporting codes:

Sporting Codes

Positions Name

Morabaraba (men)

1 Kefilwe Modiba

Tennis (Ladies)

1 Tesia Makgopela

Chess (open) 1 Given Hlungwane

Road Running (men)

1 Jan Matlala

Volleyball (ladies)

1 Linda Mothoa

Overall Winners Tshwane position 3

266 Points

17

4. BRINGING FORWARD ITEMS 10, 11 and 13

The Acting Speaker in terms of Section 8(2) of the Rules and Orders brought forward the discussions of Items 10, 11 and 13 of the agenda and indicated that these reports would be dealt with immediately after consideration of the minutes. She further indicated that, given the nature of these reports, these reports would be dealt with in accordance with Section 160(3)(b) of the Constitution.

5. ATTEMPTED UNOPPOSSED PROPOSAL BY ALDERMAN GC PRETORIUS

Alderman GC Pretorius requested permission to speak about two incidents that happened during the month of October in the City that in his opinion needed clarification by the Municipality. After the Acting Speaker allowed the request, Alderman Pretorius mentioned that the two unopposed proposals were incidents occurred in Soshanguve, namely the illegal invading of stands in Soshanguve Ext 19 and the governing of the allocation of stands by Ward Committee members operating in the Wards. On a point of order, MMC RT Mashego on behalf of the ANC indicated that, whilst they recognise the experience of Alderman Pretorius, they were however, of the opinion that the mentioned requests were not „Unopposed Motions‟ but political speech. Hereafter the Acting Speaker in concurring with MMC Mashego mentioned that Unopposed Proposals are more of announcements, and ruled that Ald Pretorius was making a speech rather than an announcement. The Acting Speaker subsequently disallowed the inputs by Ald Pretorius to be presented under this point of the agenda. Ald Pretorius requested that such ruling by the Acting Speaker be referred to the Rules and Ethics Committee, and the Acting Speaker indicated that this would be done.

6. CONGRATULATORY REMARKS

Cllr Meyer (DA) and Cllr RJB Mohlala (ANC) on behalf of their respective political parties congratulated former Councillors BR Topham and BA Engelbrecht for their election to the National Assembly and National Council of Provinces respectively.

18

E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS COUNCIL

MEETINGS: ORDINARY OPEN COUNCIL: 23 SEPTEMBER 2015 AND IN-COMMITTEE COUNCIL: 23 SEPTEMBER 2015

A. ORDINARY OPEN COUNCIL: 23 SEPTEMBER 2015

The Acting Speaker before tabling the minutes explained that the Minutes posted on SharePoint and in particular on page 87 of the Minutes, contains only the heading of the report that was discussed and disposed of by Council in Committee, followed by a remark stating that the report was considered in Committee and that, in terms of Section 9(3) of the Rules and Orders, the Minutes relating to a staffing matter considered in Committee, must be approved by Council in Committee. Following the above explanation, the Acting Speaker put the Minutes of the Ordinary open Council for approval, whereafter it was resolved as set out below: RESOLVED: That the minutes of the Ordinary open Council held on 23 September 2015 be approved and confirmed.

B. IN-COMMITTEE COUNCIL: 23 SEPTEMBER 2015

The Acting Speaker in terms of Section 9(3)(b) of the Rules and Orders, read with Section 42 thereof, ruled that the Council resolve itself into Committee for consideration of these minutes. After the Council has resolved itself into Committee and the Acting Speaker has allowed for the said minutes to be distributed to Councillors, and after tabling the minutes- 1. Cllr K Meyer indicated that the DA at the Council in Committee meeting on

23 September 2015 following conclusion on the consideration of the said item, had requested that their dissenting vote be recorded. The Acting Speaker indicated that the said minutes will be corrected accordingly.

2. Cllr AWF Middelberg indicated that in the said minutes the outcome of the vote was reflected as- 106 Councillors for the recommendation 75 Councillors against the recommendation 1 Councillor abstained Cllr Middelberg indicated that in his opinion, the above voting result was recorded incorrectly, as it would mean that more people voted than those who were present in the Council Chamber at the time.

19

The Acting Speaker ruled that Cllr Middelberg’s suggestion here above, not be allowed as he was dealing with a matter arising which should have been raised at that point when the voting results were announced on 23 September 2015. Cllr Middelberg requested that the Speaker’s ruling here above be referred to the Section 79 Standing Committee: Rules and Ethics. Council (in Committee) hereafter resolved as follows: RESOLVED: That the minutes of the Council meeting of 23 September 2015 (Council in Committee) in relation to the item “Report on the Allegations of misconduct in respect of the Chief of Police in terms of Local Government Disciplinary Regulations of Senior Managers, 2010” be approved (by Council in Committee) subject to the following amendment: The following remark should be added after the resolution captured in the minutes of 23 September 2015 (Council in Committee): (Remark: Following the discussion and conclusion on the abovementioned item during the Council meeting in Committee on 23 September 2015, the DA in the Council requested that their dissenting vote be recorded).

20

F. REPORTS TO COUNCIL

The Acting Executive Mayor, MMC S Pillay submitted reports from the Mayoral Committee to Council for consideration as contained in Parts I, II, III, III(A) and IV as well as Annexures A and A.1 for cognizance and or discussion. The Acting Executive Mayor hereafter requested that the following corrections be made to the Annexure to item 16 “City of Tshwane Performance Report on the IDP and SDBIP for Quarter 1 of FY 2015/16”:

1. Number of targets achieved is 16 not 17 as per table 1 and 2. 2. Number of targets applicable for Q1 is 17 and not 24 as per table 2. 3. That the correct tables be submitted to National Treasury and other

stakeholders.

21


F. REPORTS TO THE COUNCIL (a) Reports of the Executive Mayor (i) Recommendations to Council

Reference No 10681/1 Makgorometje Augustine Makgata (0940) COUNCIL: 29 October 2015

1. CITY PLANNING AND DEVELOPMENT DEPARTMENT (TSHWANE INNER CITY REGENERATION STRATEGY) (STRATEGIC INTERVENTION AND IMPLEMENTATION PLAN) GOVERNMENT ESTATE DEVELOPMENT FRAMEWORK (From the Mayoral Committee Cluster: Infrastructure and Planning: 13 August 2015 and the Mayoral Committee: 2 September 2015)

The purpose of the report is to get an approval for the Government Estate Development Framework as part of the Inner City Regeneration Strategy.

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

During consideration of this item by Council on 29 October 2015, and after Cllr Prof CJ Napier and the Acting Executive Mayor, MMC S Pillay addressed Council on this matter, it was resolved as set out below: RESOLVED: That the Government Estate Development Framework be approved.

22

Reference No 42563/1 Ndivho Lukhwareni (4040) COUNCIL: 29 October 2015 2. OFFICE OF THE DEPUTY CITY MANAGER: SERVICE DELIVERY CO-

ORDINATION APPROVAL TO TRANSFER IMPROVED ERVEN IN THE ASIATIC BAZAAR (MARABASTAD) TO SPECIFIC HISTORIC OWNERS / TENANTS (LAST AND FINAL REPORT OF IMPROVED PROPERTIES) (From the Mayoral Committee Cluster: Governance: 10 September 2015 and the Mayoral Committee: 16 September 2015)

The purpose of the report is to:

Recommend the direct transfer of specific erven in the Asiatic Bazaar (Marabastad) to the specific historic owners/tenants that have met the Council‟s approved qualifying criteria.

Inform Council of those applications that did not meet the Councils approved qualifying criteria and can therefore not be recommended.

(A copy of the relevant report is filed with the official Minutes of this meeting) During consideration of this item by Council on 29 October 2015, and after MMC J Ngonyama addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That Erven 109, 155, 156, 157, 231, 253, 298, 396, 443, 444, 469, 470, 502,

524, Asiatic Bazaar and Erven 571, 589, 592, 613, 614, 619, 637, 642, 646, 648, 653, 665 and 679, Asiatic Bazaar Extension 1 is not required to provide the minimum level of basic municipal services.

2. That Council consent to dispense with the “competitive” requirement as set out

in Section 14 (5) of the Local Government Municipal Finance Management Act, 2003 (Act No. 56 of 2003) with reference to the donation in Asiatic Bazaar of Erven 109, 155, 156, 157, 231, 253, 298, 396, 443, 444, 469, 470, 502, 524, Asiatic Bazaar and Erven 571, 589, 592, 613, 614, 619, 637, 642, 646, 648, 653, 665 and 679, Asiatic Bazaar Extension 1, directly to the successful applicants as identified in Annexure D to this report.

3. That the Council accepts that it would be impractical and impossible to sell

these erven on public tender, as the erven are all to be allocated by means of donation to the successful applicants as a result of Marabastad Land Tenure Upgrade Process.

23

4. That as the recommended applicants captured in the table in this report, met the qualifying criteria as set out in the Council report approved on 31 March 2011, the donation of Erven 109, 155, 156, 157, 231, 253, 298, 396, 443, 444, 469, 470, 502, 524, Asiatic Bazaar and Erven 571, 589, 592, 613, 614, 619, 637, 642, 646, 648, 653, 665 and 679, Asiatic Bazaar Extension 1 be recommended to the successful applicant as identified in the spread sheet in Annexure D of this report.

5. That in view of the recommendations, the properties be transferred directly to

the successful applicants listed in the table in this report (Annexure D) in terms of section 14(2) of the Local Government Municipal Finance Management Act, 2003 (Act 56 of 2003) and the approved Alienation Policy.

6. That the erven be donated to the successful applicants in terms of the

standard conditions of donation of Council, including conditions approved in the Council report dated 31 March 2011.

7. That the successful applicant shall, in order to take transfer of the property as

part of the Marabastad Phase 2 project (Land Tenure Upgrade project) be obliged to sign the deed of donation within 21 (twenty one) days of being requested thereto by the Municipality or its appointed attorney.

8. That failure to sign such deed of donation or any other subsequent transfer

documentation within the 21 (twenty one) day period will result in the property being made available for alternative alienation or Land Claims.

9. That a condition be added to the Deed of Donation Contract, that new owner

will be obliged to submit building plans within 12 months after the transfer date. Failing to do so will lead to the necessary legal steps for any contravention on the property by COT, as a standard procedure.

10. That a condition be added to the Deed of Donation Contract that the new owner will upgrade and improve the property to meet the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977), the Tshwane Town-planning Scheme, 2008 (Revised 2014) and the applicable By-laws within a period of 24 months after the transfer date. Failing to do so will lead to the necessary legal steps for any contravention on the property by COT, as a standard procedure.

11. That any illegal structures will be demolished within 12 months of date of Title

Deed Registration failing of which the COT will act in terms of legislation to have the illegal structures demolished. Any cost involved will be to the account of the title deed owner.

12. That in a case of the death of an applicant, where an extension for the signing

of the Deed of Donation has been granted, the Executor of the estate has to enter into a new market related lease agreement with the COT: Corporate and Shared Services on behalf of the Estate of the deceased, until such time of the registration.

13. That the unsuccessful applicants, who are NOT RECOMMENDED for

donation, be informed that their applications were not successful by the Service Delivery and Transformation Office: Region 3.

24

14. That the unsuccessful applicants captured in the spread sheet in this report,

who did not meet the qualifying criteria as set out in Council report approved on 31 March 2011, be rejected, where indicated as "NOT RECOMMENDED" in the spread sheet. (Annexure D).

15. That the recommendations in respect of the donation or non-approval of a

donation of the specific erven to an applicant be advertised in terms of the relevant legislation for an objection period as determined by the legislative framework to ensure a fair and just process in respect of this project, by Group Legal Services.

16. That applications resulting from condition 14 of this report, would be re-

evaluated and re-submitted in a report to Council for final recommendation and approval, should any objections be received within the objection period.

17. That the Chief Legal Counsel be authorized to appoint a transferring attorney

to attend to the transferring of the affected properties. 18. That the Accounting officer or his delegate be authorized to sign the Deed of

Donation agreements on behalf of Council.

25


ORDINATION ERF 248, KILNER PARK AWARD WINNING: KILNERTON MEMORIAL PARK (From the Mayoral Committee Cluster: Governance: 10 September 2015 and the Mayoral Committee: 16 September 2015) The purpose of the report is to inform Council of the awards the Kilnerton Memorial Park won. The Kilnerton Memorial Park was a joint venture between the The Department of Rural Development, Provincial Shared Services Centre: Gauteng (PSSCG) and the City of Tshwane. Construction was performed by Planwise, a registered contractor of Council (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That Council take cognisance of the 2 Silver Awards that were won for

the park:

(a) a Silver Award for "Specialised Construction" and; (b) a Silver Award for "Design by Others"

2. That future inter-departmental projects can reflect back on lessons

learned through this project.

26


ORDINATION REQUEST TO EXTEND THE HALL OF THE SOLUS ORTUS KARATE CLUB AND THE BOET VAN ROOYEN WRESTLING (TRADING AS TUKS WRESTLING CLUB) LOCATED ON ERF 2354, GARSFONTEIN (From the Mayoral Committee Cluster: Governance: 10 September 2015 and the Mayoral Committee: 16 September 2015) The purpose of the report is to obtain Council‟s consent for the Boet van Rooyen Wrestling Club trading as Tuks Wrestling application to extend the Wrestling Hall at their own cost to cater for the growth in the club. (A copy of the relevant report is filed with the official Minutes of this meeting) During consideration of this item by Council on 29 October 2015, and after Councillors K Meyer, LJ Welmans, MMC J Ngonyama, Adv CD Prinsloo and the Acting Executive Mayor addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That cognisance is taken of the contents of the report. 2. That the proposed addition to the property of approximately 166

square meters be approved in terms of the normal City of Tshwane processes and Building Regulations and be noted in the existing Lease Agreement.

3. That the City Manager, be authorised to provide a Power of Attorney

to the lessees to lodge building plans and all other required applications and plans required in order to build the proposed sport hall on a portion of the Remainder of Erf 2354, Garsfontein.

4. That the Chief Financial Officer be authorised to re-evaluate the rental

amount to take in account the additional area as well as the construction costs and that the Lease Agreement be ameded accordingly.

5. That the lease agreement by way of an addendum be changed to

reflect as Boet van Rooyen Wrestling Club, t/a Tuks Wrestling after taking cognisance of their affiliation with Tuks Wrestling.

27

Reference No 29235/1 Umar Banda (8110) COUNCIL: 29 October 2015

5. GROUP FINANCIAL SERVICES DEPARTMENT WRITE-OFF OF IRRECOVERABLE DEBT LINKED TO DEBTORS (From the Mayoral Committee Cluster: Governance: 30 September 2015and the Mayoral Committee: 7 October 2015) The purpose of this report is to obtain Council approval to write off irrecoverable debt on indigent debtors, in order to present a more accurate debtors‟ balance on the Municipality‟s financial records and ensure that prepayment electricity meters and water management devices are installed at the properties of indigent consumers.


During consideration of this item by Council on 29 October 2015, the following Councillors participated in a debate: S Motsaneng MS Marishane PB Hlatshwayo (Cllr Hlatshwayo during his address, among others,

mentioned that Cllr Motsaneng was renting an RDP house. Cllr Motsaneng on a point of order indicated that he had never rented an RDP house as alleged, nor was he found guilty of such allegation and requested Cllr Hlatshwayo to withdraw his statement. Following a debate on this matter by Councillors AWF Middelberg and AM Maluleka, the Acting Speaker ruled that Councillors refrain from referring to a matter which is currently under discuss by another Committee in order to be in line with principle of sub judicé.)

Hereafter the following Councillors participated in the ensuing debate: Adv CD Prinsloo MMC TE Mabusela It was thereafter resolved as set out below:

28

RESOLVED: 1. That the total amount of R113 822 177.43 (VAT included) in respect of

Indigent accounts be written off against the Provision for Bad Debt (GL Account number: 90400).

2. That registered indigents on conventional meters be migrated to the

smart metering system within three months. 3. That for indigent households consuming more than the allocated 12kl

of water a. A team of war on leaks be dispatched to fix any leaks on the

property, and b. Water restrictors be installed to manage the consumption of

water as per the Indigent policy.

29

F-9/4/1 Umar Banda (358 8100/1) COUNCIL: 29 October 2015 6. GROUP FINANCIAL SERVICES GRANTS AND SUBSIDIES PROGRESS REPORT FOR THE PERIOD

ENDED 31 AUGUST 2015

(From the Mayoral Committee Cluster: Governance: 30 September 2015 and the Mayoral Committee: 7 October 2015)

The purpose of the report is to provide information of the progress in respect of performance of the various Inter-governmental Transfers and Grants for the period ended 31 August 2015 of the 2015/16 financial year. (A copy of the relevant report is filed with the official Minutes of this meeting)

During consideration of this item by Council on 29 October 2015, and after the following Councillors addressed Council on this matter, it was resolved as set out below: HJ Nortje Y Duvenage OS Lebese MMC J Ngonyama MMC MD Mabiletsa CM Van den Heever RESOLVED:

1. That the financial progress of the various grants and subsidies for the period under review, as set out in section 7 of the report be noted.

2. That cognisance is taken of the non-receipt/delay of transfers and

grants, as set out in Table 5.1.1 of the report.

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

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

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

30

Reference No 91412/1[12/1/1WONDERBOOM SOUTH ERF 482/1] Pule Mmutlana (4488) COUNCIL: 29 October 2015 7. GROUP PROPERTY MANAGEMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED SALE OF PORTION 1 ERF 482 WONDERBOOM SOUTH (From the Mayoral Committees: 10 June 2015 and 7 October 2015) The purpose of the report is to obtain approval to sell Portion 1 of Erf 482 Wonderboom South, 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 Portion 1 of Erf 482 Wonderboom South which measuring 1 276

m² in extent is not needed to provide the minimum level of basic municipal services.

2. That the fair market value 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 sale of Portion 1 of Erf 482 Wonderboom

South measuring 1 276 m² in extent, 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 property has to be developed within 3 years after the Sale

Agreement is signed, and if not complied with that the Sale may be cancelled, as the Alienation Policy prescribes.

31

8. That the Municipality`s further conditions of sale usually applicable on a transaction of this nature and the conditions embodied in this report be applicable.

32

Reference No 76065/1 Dorah Nteo (3948) COUNCIL: 29 October 2015

8. OFFICE OF THE EXECUTIVE MAYOR THE 2016 TSHWANE INTERNATIONAL TRADE INFRASTRUCTURE INVESTMENT CONFERENCE (TITTIIC). (From the Mayoral Committee Cluster: Governance: 10 September 2015 and the Mayoral Committee: 7 October 2015) The purpose of the report is to: 1.1 Provide Information on the Tshwane International Trade Infrastructure

Investment Conference (TITIIC) 2015 that did not take place in May 2015 as it was originally planned and provide appraisal on the primary reasons for the postponement of conference. These are stated in Point No 4 below.

1.2 Seek approval to rescind the Council Resolution of 19 October 2011

which stipulated that “Tshwane International Trade Infrastructure Investment Conference (TITIIC) 2010 to 2012 business plan be noted and approved as a basis to ensure that 50% of the project costs for 2010 is by external sources and for subsequent years, the conference cost is off set 100% from external sources”.

1.3 For Council to approve the proposed funding model is that of managing

the conference with a budget not exceeding R5 million (internal budget) and ensuring that other costs associated with organizing Tshwane International Trade Infrastructure Investment Conference (TITIIC) 2016 will be offset by income generated from exhibitor fees, advertising fees and sponsorships (financial and in-kind). The 2016 TITIIC will take place on 20-22 at the CSIR International Convention Centre.


During consideration of this item by Council on 29 October 2015, and after Councillors PA Van der Walt, DW Mosime and MMC J Ngonyama addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That cognisance be taken that Tshwane International Trade

Infrastructure Investment Conference (TITIIC) could not take place in May 2015 and the primary reasons thereof.

2. That Council rescind the Council Resolution of 19 October 2011 which

stipulated that “Tshwane International Trade Infrastructure Investment Conference (TITIIC) 2010 to 2012 business plan be noted and approved as a basis to ensure that 50% of the project costs for 2010

33

is by external sources and for subsequent years, the conference cost is off set 100% from external sources.

3. That Council approves the proposed funding model focusing on

managing the conference with a budget not exceeding R5 million and ensuring that other costs associated with organising Tshwane International Trade Infrastructure Investment Conference (TITIIC) 2016 will be offset by income generated from exhibitor fees, advertising fees and sponsorships (financial and in-kind).

34

Ref: PARK CLOSURE: ERF 53 VERWOERDBURGSTAD Bruno Seabela (7278) COUNCIL: 29 October 2015 9. GROUP LEGAL SERVICES DEPARTMENT

OBJECTIONS TO THE PARK CLOSURE: ERF 53 VERWOERDBURGSTAD (From the Strategic Land Development Tribunals: 16 October 2014; 28 November 2014; 7 February 2015; 28 September 2015 and the Mayoral Committee: 7 October 2015)

The purpose of this report is to request Council to permanently close Portion

of Erf 53 Verwoerdburgstad, as a Public Open Space (Park).


During consideration of this item by Council on 29 October 2015, and after Councillors Prof CJ Napier, JM Sindane, MMC J Ngonyama and MMC RT Mashego addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That the R1 billion claim submitted by Centurion Mall did not

constitute a valid claim and must thus be dismissed.

2. That the claim of R300 million submitted by Centurion Lake Hotel be dismissed and that same does not constitute a valid claim, as no quantification for the claim was furnished to Council to enable it to consider the purported claim, and this is despite numerous request.

3. That the park closure of part of ERF 53 Verwoerdburgstad, as indicated on the locality Plan (Annexure A), be approved and objections dismissed.

4. That in accordance with Section 37 of the Land Survey Act, 1997 (Act 8 of 1997), the Surveyor General and the Registrar of Deeds be informed in writing of the permanent Closure of Part of Erf 53 Verwoerdburgstad.

5. That the alteration of the General Plans of the affected townships be authorised by virtue of the Premier‟s delegation of such power to Council in accordance with Section 30(2) of the Land Survey Act, 1997 (Act 8 of 1997).

6. That the decision of Council be communicated to all the objectors in writing.

(Remark: At the Council meeting of 29 October 2015, Councillors Prof Napier and K Meyer on behalf of the DA requested that their vote against the approval of this report be registered.)

35

Joan De Beer (2136) COUNCIL: 29 October 2015

10. EMERGENCY SERVICES DEPARTMENT FIRE BRIGADE SERVICES DIVISION SECOND REPORT ON THE STANDARDISATION OF THE FIRE BRIGADE SERVICE BY-LAWS AND THE SUBSEQUENT PROMULGATION THEREOF FOR IMPLEMENTATION WITHIN TSHWANE (From the Mayoral Committee Cluster: Health and Social Development: 13 August 2015 and 30 September 2015 and the Mayoral Committee: 7 October 2015) The purpose of the report is to seek approval of the Fire Brigade by laws that were subjected to the public participation and to be promulgated and to be implemented thereof. (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 the report.

2. That the Draft Fire Brigade Service By-laws be approved for

publication in the Provincial Gazette. (Remark: At the Council meeting of 29 October 2015, 174 Councillors were in support of the approval of these by-laws in accordance with Section 160(3)(b) of the Constitution.)

36

Reference No 83075/1 Doctor Tshwale (4942) COUNCIL: 29 October 2015

11. SPORTS AND RECREATIONAL SERVICES DEPARTMENT FEEDBACK REPORT ON THE ALIGNMENT OF THE LIBRARY INFORMATION SERVICES BY-LAWS, INCLUDING PUBLIC CONSULTATIONS WITH KEY STAKEHOLDERS. (From the Mayoral Committee Cluster: Health and Social Development: 30 September 2015 and the Mayoral Committee: 7 October 2015) The report provides feedback on the inputs resulting from the public consultation with key stakeholders in relation to the alignment of the City of Tshwane (CoT) Library Information Services By-Laws. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That cognisance be taken of the outcomes of the public participation

with key Stakeholders.

2. That the submission of reviewed By-Laws having taken into

consideration inputs from public participation be approved. 3. That the drafted By-Laws be rescinded when the new by-law is

promulgated.

(Remark: At the Council meeting of 29 October 2015, 173 Councillors were in support of the approval of these by-laws in accordance with Section 160(3)(b) of the Constitution.)

37


12. SPORTS AND RECREATIONAL SERVICES DEPARTMENT FEEDBACK REPORT ON ALIGNMENT AND REVIEWED DRAFT FOR THE CITY OF TSHWANE'S MUSEUMS; ART GALLERIES AND HERITAGE SITES POLICIES INCLUDING PUBLIC CONSULTATIONS WITH KEY STAKEHOLDERS (From the Mayoral Committee Cluster: Health and Social Development: 30 September 2015 and the Mayoral Committee: 7 October 2015) The report provides feedback on the inputs resulting from the public consultation with key stakeholders in relation to the alignment and reviewed City of Tshwane (CoT) Museum; Art Galleries and Heritage Sites Policies. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That cognisance be taken of the outcomes of the public participation

with key stakeholders. 2. That the submission of reviewed policies having taken into

consideration the inputs from public participation be approved. 3. That the draft policies be rescinded when the new policies are

promulgated.

38


13. SPORTS AND RECREATIONAL SERVICES DEPARTMENT FEEDBACK REPORT ON THE ALIGNMENT AND REVIEWED ARTS AND CULTURE; HERITAGE RESOURCES MANAGEMENT UNITS BY-LAWS INCLUDING PUBLIC CONSULTATIONS WITH KEY STAKEHOLDERS (From the Mayoral Committee Cluster: Health and Social Development: 30 September 2015 and the Mayoral Committee: 7 October 2015) The report provides feedback on the inputs resulting from the public consultation with key stakeholders in relation to the alignment and reviewed City of Tshwane (CoT) Arts and Culture; Heritage Resources Management Units By-laws. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of the outcomes of the public participation

with key Stakeholders. 2. That the submission of reviewed by-laws having taken into

consideration inputs from public participation be approved. 3. That the drafted by-laws be rescinded when the new by-law is

promulgated. (Remark: At the Council meeting of 29 October 2015, 173 Councillors were in support of the approval of these by-laws in accordance with Section 160(3)(b) of the Constitution.)

39

Obed Thenga (0947) COUNCIL: 29 October 2015 14. GROUP AUDIT AND RISK DEPARTMENT

REPORT ON THE PERFORMANCE OF THE AUDIT AND PERFORMANCE COMMITTEE (APC) OF THE CITY OF TSHWANE AND ITS MUNICIPAL ENTITIES TO THE MAYORAL COMMITTEE FOR QUARTER 4 AND 1 OF FINANCIAL YEAR 2014/2015 (APRIL – AUGUST 2015) (From the Mayoral Committee: 7 October 2015)

The purpose of this document is to submit a report to Council on the activities of the Audit and Performance Committee for the period 01 April 2015 – 31 August 2015. IT WAS RECOMMENDED (TO THE COUNCIL: 29 OCTOBER 2015)

That the report be noted by Council. During consideration of this item by Council on 29 October 2015, Cllr Prof T Khalo seconded by Cllr MS Marishane proposed the following additional recommendation:

(Unaltered)

“2. That the report be referred to the Section 79 Standing Committee: Public Accounts for further scrutiny”

The Council acceded to Cllr Prof Khalo’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 report be noted by Council.

2. That the report be referred to the Section 79 Standing Committee: Public

Accounts for further scrutiny.

40

Reference No 75164/1 Mayur Maganlal (0798) COUNCIL: 29 October 2015

15. CITY STRATEGIES AND PERFORMANCE MANAGEMENT DEPARTMENT

CONFIRMATION OF THE PROCESS TOWARDS THE DEVELOPMENT OF THE 2016/21 INTEGRATED DEVELOPMENT PLAN FOR THE CITY OF TSHWANE (From the Joint Mayoral Committee Cluster: 14 October 2015) The purpose of the report is to present the proposed process plan towards the development and the approval of the five year Integrated Development Plan (IDP) for the 2016/21 Council term for the City of Tshwane guided by the national political priorities and discussions and to confirm a process which seeks to align political and administrative collaboration towards the planning for the next term. The process was presented at Mayoral Lekgotla of August 2015 and the Top Management Lekgotla of September 2015. This report therefore seeks to consolidate the input of both Makgotla. IT WAS RECOMMENDED (TO THE COUNCIL: 29 OCTOBER 2015): 1. That cognisance of the contents of the report be taken; and 2. That the Offices of the Executive Mayor and the Speaker facilitate the

participation processes emanating from the outlined process. During consideration of this item by Council on 29 October 2015, Cllr N Mathenjwa seconded by Cllr PB Hlatshwayo proposed the following additional recommendation:

(Unaltered)

“That the report be referred to the Section 79 Oversight Committee Integrated Development Planning for further scrutiny”

The Council acceded to Cllr Mathenjwa’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 cognisance of the contents of the report be taken. 2. That the Offices of the Executive Mayor and the Speaker facilitate the

participation processes emanating from the outlined process. 3. That the report be referred to the Section 79 Oversight Committee

Integrated Development Planning for further scrutiny.

41

Reference No 53553/1 Mayur Maganlal (0798) COUNCIL: 29 October 2015

16. CITY STRATEGIES AND PERFORMANCE MANAGEMENT DEPARTMENT

CITY OF TSHWANE PERFORMANCE REPORT ON THE IDP AND SDBIP FOR QUARTER 1 OF FY 2015/16 (UNAUDITED) The purpose of this report is to submit a performance report to Council on the implementation of the IDP and the SDBIP for quarter 1 of FY 2015/16 as per MFMA S52.

At the Council meeting of 29 October 2015, the Acting Executive Mayor when presenting this item to Council requested that the following corrections be incorporated in the report:

- The number of target achieved was 16 not 17 as reflected (as per table 1 and table 2 of the annexure and summary table on page 2 of the annexure and summary table)

- The number of targets applicable for Quarter 1 is 17 and not 24 as per table 2 of the annexure.

The Acting Executive Mayor further requested that the correct tables be submitted to the National Treasury and other stakeholders. When the Acting Speaker tabled this report for consideration, the following Councillors addressed Council on this matter, whereafter it was resolved as set out below: K Meyer MGW Aucamp E Linde RJB Mohlala AWF Middelberg MMC J Ngonyama. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: That the unaudited Q1 performance report for FY 2015/16 be approved. (Remarks: 1. At the Council meeting of 29 October 2015, Cllr K Meyer on behalf of the

DA requested that their dissenting vote on the approval of this report be registered.

2. The corrections made by the Acting Executive Mayor relating to tables are effected for purposes of these minutes.)

42

Reference No 23165/1 Cynthia Ramulifho (1224) COUNCIL: 29 October 2015

17. CORPORATE AND SHARED SERVICES DEPARTMENT TOTAL REMUNERATION PACKAGES PAYABLE TO TOP MANAGEMENT FOR THE YEAR 2015/16 (From the Joint Mayoral Committee Cluster: 14 October2015) The purpose of the report is to get approval for the implementation of the 2015/16 national remuneration packages for municipal managers and managers directly accountable to municipal managers. Latter upper remuneration upper limits were published in Government Notice 578 of 1 July 2015. Although not regulated, the packages for Departmental Heads and Divisional Heads (and equivalent posts) will also be addressed in the report.

During consideration of this item by Council on 29 October 2015, the following Councillors participated in a debate: MS Shackelton (Cllr Shackelton during his address, among others, stated

that “seemingly everybody and his mother, is a manager or a director but we cannot fill vacancies of 42% vacancy rate in the Municipality.”

On a point of order MMC S Pillay mentioned that in his opinion the statement by Cllr Shackelton was an attack on the Executive Mayor and requested that such statement be withdrawn. Since Cllr Shackelton did not withdraw such statement, MMC J Ngonyama requested that the matter be referred to the Rules and Ethics Committee for consideration.

The Acting Speaker hereafter indicated that this would be done.)

MMC RT Mashego MMC T Mmoko AWF Middelberg (Cllr Middelberg, among others, indicating that in his

opinion, the City Manager had asked for a raise in salary. MMC Mashego, however, denied that the City Manager had asked for a raise in salary whereupon MMC S Pillay (Acting Executive Mayor) requested that Cllr Middelberg withdraw the remark that the City Manager had asked for a raise, failing which the remark must be referred to the Rules and Ethics Committee.

43

Since Cllr Middelberg refused to withdraw, the Acting Speaker indicated that the said remark will be referred to the Rules and Ethics Committee.)

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 remuneration pay ranges and associated processes for the City

Manager and levels of Deputy City Manager, Departmental Head and Divisional Head be approved as outlined in point 4 of the report.

2 That the City of Tshwane informs the Member of the Executive Council

(MEC) for Local Government on the City of Tshwane reporting level and remuneration issue of Deputy City Managers versus Departmental Heads who are also directly accountable to the City Manager.

(Remark: At the Council meeting of 29 October 2015, Cllr K Meyer (DA) and Cllr PD Uys (FF+) on behalf of their respective political parties requested that their dissenting vote be registered against the approval of this report.)

44

ST – B12/15 Umar Banda (8110) COUNCIL: 29 October 2015 18. GROUP FINANCIAL SERVICES DEPARTMENT:

MUNICIPAL FINANCE MANAGEMENT ACT (MFMA): IN-YEAR FINANCIAL REPORT (MONTHLY AND FIRST QUARTER BUDGET STATEMENT) FOR THE PERIOD ENDING 30 SEPTEMBER 2015

The purpose of this report is to report on the financial results regarding the operating and capital budgets, as well as the financial position of the municipality, in compliance with Section 71 of the MFMA and the requirements as promulgated in the Government Gazette No 32141 of 17 April 2009; and

to seek approval of the “In-year” report (budget statement) for the period ending 30 September 2015.

IT WAS RECOMMENDED (TO THE COUNCIL: 29 OCTOBER 2015): 1 That, in compliance with Section 71 of the MFMA and in terms of

Government Notice 32141 dated 17 April 2009, regarding the “Local Government: Municipal Finance Management Act 2003 Municipal Budget and Reporting Regulations” the Accounting Officer submits to the Executive Mayor this statement reflecting the financial status for the period ending 30 September 2015;

2. That, in compliance with, Section 52(d) and Section 71 of the MFMA and in

terms of Government Notice 32141 dated 17 April 2009, regarding the “Local Government: Municipal Finance Management Act 2003 Municipal Budget and Reporting Regulations” the financial results regarding the operating and capital budgets for the 1st quarter of the 2015/16 financial year, and supporting documents as required by National Treasury (C Schedule) as at 30 September 2015, is submitted; and

3. That in order to comply with Section 31(1) of the Government Gazette No

32141 of 17 April 2009 this report be submitted to the National Treasury and the relevant Provincial Treasury within five days of tabling of the report in the council, in both a Council approved document and in electronic format.

(A copy of the relevant report is filed with the official Minutes of this meeting) During consideration of this item by Council on 29 October 2015, the following Councillors participated in a debate: M Fourie Prof T Khalo AWF Middelberg

45

MMC RT Mashego (MMC Mashego during his address, among others stated as follows “this City may not be where it is today if it was not by that former treasurer there, and we must still talk money, we want that money back”.

On a point of order, Cllr GC Pretorius requested that the statement by MMC Mashego that the DA Councillor is responsible for monies lost in the City be referred to the Rules and Ethics Committee as in his opinion the statement was defamatory. The Speaker indicated that this will be done.)

Subsequently Cllr OS Lebese seconded by Cllr JP Rammushi proposed the following additional recommendation:

“That the report be referred to the Section 79 Standing Committee: Public Accounts for further scrutiny”

The Council acceded to Cllr Lebese’s proposal and it was thereafter resolved as set out below: RESOLVED: 1. That, in compliance with Section 71 of the MFMA and in terms of

Government Notice 32141 dated 17 April 2009, regarding the “Local Government: Municipal Finance Management Act 2003 Municipal Budget and Reporting Regulations” the Accounting Officer submits to the Executive Mayor this statement reflecting the financial status for the period ending 30 September 2015.

2. That, in compliance with, Section 52(d) and Section 71 of the MFMA and in

terms of Government Notice 32141 dated 17 April 2009, regarding the “Local Government: Municipal Finance Management Act 2003 Municipal Budget and Reporting Regulations” the financial results regarding the operating and capital budgets for the 1st quarter of the 2015/16 financial year, and supporting documents as required by National Treasury (C Schedule) as at 30 September 2015, is submitted.

3. That in order to comply with Section 31(1) of the Government Gazette No

32141 of 17 April 2009 this report be submitted to the National Treasury and the relevant Provincial Treasury within five days of tabling of the report in the council, in both a Council approved document and in electronic format.

4. That the report be referred to the Section 79 Standing Committee: Public


46

F-9/4/1 UMAR BANDA (8100/1) COUNCIL: 29 October 2015 19. GROUP FINANCIAL SERVICES DEPARTMENT:

GRANTS AND SUBSIDIES PROGRESS REPORT FOR THE PERIOD ENDED 30 SEPTEMBER 2015 The purpose of the report is to inform Council of the progress in respect of performance of the various Inter-governmental Transfers and Grants for the period ended 30 September 2015 of the 2015/16 financial year.


During consideration of this item by Council on 29 October 2015, and after Cllr CM Van den Heever, MMC RT Mashego and MMC J Ngonyama addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That the financial progress of the various grants and subsidies for the period

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

set out in Table 5.1.1 of the report.

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

4. That the recipient Strategic Executive Directors of all transfers and grants ensure that spending is effected as planned and reporting requirements to the respective transferring authorities are adhered to within the timeframes allocated.

47


20. OFFICE OF THE EXECUTIVE MAYOR 1ST QUARTER ASSESSMENT REPORT: TSHWANE ECONOMIC DEVELOPMENT AGENCY (TEDA) (From the Joint Mayoral Committee Cluster: 14 October 2015) The purpose of this report is to present the assessment of 1st Quarterly Report of the Tshwane Economic Development Agency (TEDA) for the period of July to September 2015. IT WAS RECOMMENDED (TO THE COUNCIL: 29 OCTOBER 2015): That cognisance be taken of the Tshwane Economic Development Agency (TEDA) 1st quarter assessment report. During consideration of this item by Council on 29 October 2015, Cllr MS Marishane seconded by Cllr NS Katake proposed the following additional recommendation:

(Unaltered)

“2. That the report be referred to the Section 79 Standing

Committee: Public Accounts for further scrutiny” The Council acceded to Cllr Marishane’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 cognisance be taken of the Tshwane Economic Development Agency

(TEDA) 1st quarter assessment report. 2. That the report be referred to the Section 79 Standing Committee: Public


48


21. OFFICE OF THE EXECUTIVE MAYOR 1ST QUARTER ASSESSMENT REPORT: SANDSPRUIT WORKS ASSOCIATION (SWA) (From the Joint Mayoral Committee Cluster: 14 October 2015) The purpose of this report is to present the assessment of 1st Quarter assessment report of the Sandspruit Works Association (SWA) for the period 1 July to September 2015.

IT WAS RECOMMENDED (TO THE COUNCIL: 29 OCTOBER 2015): 1. That cognisance be taken of the 1st quarter performance assessment report

of the Sandspruit Water Association (SWA); and 2. That the entity provides the City with an approved Debt Collection Strategy

and Implementation Plan by end of October 2015. During consideration of this item by Council on 29 October 2015, Cllr MA Makola seconded by Cllr TV Rambau proposed the following additional recommendation:

(Unaltered)

“That the report be referred to the Section 79 Standing Committee: Public Accounts for further scrutiny”

The Council acceded to Cllr Makola’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 cognisance be taken of the 1st quarter performance assessment report of

the Sandspruit Water Association (SWA). 2. That the entity provides the City with an approved Debt Collection Strategy and

Implementation Plan by end of October 2015. 3. That the report be referred to the Section 79 Standing Committee: Public


49


22. OFFICE OF THE EXECUTIVE MAYOR 1ST QUARTER ASSESSMENT REPORT: HOUSING COMPANY TSHWANE (From the Joint Mayoral Committee Cluster: 14 October 2015) The purpose of this report is to present the assessment of 1st Quarterly Report of the Housing Company Tshwane (HCT) for period of July to September 2015.

IT WAS RECOMMENDED (TO THE COUNCIL: 29 OCTOBER 2015): That cognisance be taken of the Housing Company Tshwane (HCT) 1st quarter assessment report. During consideration of this item by Council on 29 October 2015, Cllr MM Buthelezi seconded by Cllr FNJ Mbele proposed the following additional recommendation:

“2. That the report be referred to the Section 79 Standing Committee: Public Accounts for further scrutiny”

The Council acceded to Cllr Buthelezi’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 cognisance be taken of the Housing Company Tshwane (HCT) 1st

quarter assessment report. 2. That the report be referred to the Section 79 Standing Committee: Public


50

(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURE A and A.1)

ANNEXURE A: MAYORAL COMMITTEE MEETING: 2 SEPTEMBER 2015 During the debate on Annexure A at the Council meeting of 29 October 2015, no proposal was made that the Executive Mayor be requested to reconsider any resolution, and no request was made to record any opposition to any resolution contained in this annexure.

ANNEXURE A.1: MAYORAL COMMITTEE MEETING: 16 SEPTEMBER 2015

Item 3: PROPOSED FUNDING MECHANISM TO PROVIDE BULK SERVICES FOR MAJOR DEVELOPMENTS IN THE CITY

Cllr M Fourie on behalf of the DA, explained that in their opinion rebates on property rates or exemptions on bulk serve contributions equate to revenue forgone and therefore Council should be fully informed of the financial impact when applied to each and every development.

Based on the above explanation requested the Executive Mayor in terms of Section 13(7)(c) to reconsider the resolutions of this report.

51

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

The Acting Chair of Chairs submitted to Council a report emanating from the Special Committee Established by Council to deal with contravention by Cllr MP Marema from its meeting held on 27 October 2015 for consideration as well as Annexure B for cognizance and/or discussion.

A FROM THE SPECIAL COMMITTEE FOR THE CONTRAVENTION OF THE CODE OF CONDUCT FOR COUNCILLORS: 27 OCTOBER 2015

1. Office of the Speaker

Investigation into Allegations of Breach of Code of Conduct for Councillors as set out in Schedule 1 of the Municipal Systems Act 32 of 2000 by Cllr MP Marema (PR)

(From the Special Committee for the Contravention of the Code of Conduct for Councillors: 27 October 2015)…………. 52-53

52

MAPITI MATSENA (012 358 8065) COUNCIL: 29 October 2015 1. OFFICE OF THE SPEAKER

INVESTIGATION INTO ALLEGATIONS OF BREACH OF CODE OF CONDUCT FOR COUNCILLORS AS SET OUT IN SCHEDULE 1 OF THE MUNICIPAL SYSTEMS ACT 32 OF 2000 BY CLLR MP MAREMA (PR) (From the Special Committee for the Contravention of the Code of Conduct for Councillors: 27 October 2015)

The purpose of this report is twofold:

1.1 For the Special Committee to investigate into allegations of contravention of the

Code of Conduct for Councillors by Councillor MP Marema; and

1.2 To make appropriate recommendations based on the findings of the

investigation to Council.

At the Council meeting of 29 October 2015, the Acting Speaker before tabling this report explained that the Code of Conduct for Councillors, in particular Item 13(2) thereof, provides that when a report on the alleged contravention of the Code of Conduct by a Councillor is submitted to Council, such report is open to the public. In accordance with paragraph 9 of the Council procedure for dealing with such alleged contravention (Council resolution of 27 September 2007), the Councillor concerned should, however, excuse him/herself from the duration of the discussion of such a report in Council. Cllr Marema hereafter excused himself from the Council Chamber. When the Acting Speaker tabled this item for consideration, the following Councillors participated in a debate: GP Visser (Among others, indicating that the DA in Council could not

accept this report and its recommendations as the report of PSMA was not considered by the Special Committee as it was not available for purposes of such consideration.)

MMC RT Mashego RJ Kekana (Chairperson of the Special Committee) Council hereafter resolved as set out below: RESOLVED: 1. That the Committee take cognizance this report.

2. That plot 123,124 and 125 are private properties and that any issue related

to the said properties should be dealt with in their private capacity.

53

3. That cognizance be taken of the fact that, if witnesses who were supposed to

corroborate allegations against Cllr Marema refused to do so, then it would

be impossible for the City of Tshwane to prove the allegations.

4. That in view of the recommendation 3 above, there is no proof that Cllr

Marema has contravened the Code of Conduct for Councillors.

5. That should there be new evidence the matter will be reopened.

6. That the Committee advice Council after consideration of this report.

(Remark: At the Council meeting of 29 October 2015, Cllr K Meyer on behalf of the DA requested that their dissenting vote on the approval of this report be registered.)

54

(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 29 October 2015 was submitted to Council for discussion/cognisance.

During the debate on Annexures B at the Council meeting of 29 October

2015, no proposal was made that the Section 79 Standing Committee: Petitions be requested to reconsider any resolution contained in these annexure.

55

G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN

QUESTIONS SUBMITTED BY COUNCILLORS IN TERMS OF SECTION 10(1)(b) OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY: COUNCIL MEETING : 29 OCTOBER 2015 The Acting 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.

56

1. ANSWER TO DEFERRED QUESTIONS OF CLLR H WEBER FOR COUNCIL MEETING OF 27 AUGUST 2015 On The 13th July a devastating fire broke out in Region 7 in the Elandshoek area. Not only did it destroy huge areas of grazing but threatened the Tribor substation which supplies electricity to the whole area of Kungwini. Although the fire department did a sterling job of protecting the substation their task was made more difficult in that the full complement of fire engines were not there. Overview: The veld fire incident mentioned was reported from Plot 23, Elandshoek (F1507/0193), that is situated south west from Cullinan and north west from Rayton in Region 5 (Nokeng tsa Taemane). The fire services resources from the Rayton station were out of commission and being maintained at Corporate Fleet during this time. As back-up arrangement, the rescue pumper from the Bronkhorstspruit station (Kungwini) was dispatched to attend to this incident due to the risk, as the caller mentioned that the grass is burning near some houses. The grass fire unit from the Bronkhorstspruit station was not available, as it went in for maintenance on 13 July, just hours before the time of the incident. The grass fire unit from the Magalies station was then dispatched as back-up.

1. How many Fire Engines are available in Region 7 for such an emergency?

Answer

Region 7, consisting of the Bronkhorstspruit and Ekangala stations are having respectively a rescue pumper and grass fire unit each, with a water tanker allocated to Bronkhorstspruit in addition. A rescue pumper and grass fire unit is allocated to Region 5 with its fire station at Rayton

2. What capacity does each Fire engine have? Answer Rescue Pumper/Engine Company: Rescue Pumpers carry an average of 2800 litre of water as well as two foam tanks consisting of 150 and 50 litre of different types of foam. They are also fitted with fire-fighting as well as rescue and medical equipment, i.e. jumpbag with appropriate contents, for general fire-fighting and rescue activities. Water Tankers: Fitted with a 8000 litre water tank as well as a 13 200 litre portable dam, equipped with water supply equipment. Grass Fire Units:

57

Equipped with 500 litre portable tank and pump fitted to a 4 x 4 unit for off road use, as well as grass/veld or rubbish fire-fighting equipment. 3. Were all available Fire engines on the scene? If not, why not?

Answer Only the rescue pumper from the Bronkhorstspruit station and the grass fire unit from the Magalies station were on the scene. The rest of the vehicles were out of commission and were send to Corporate Fleet for maintenance. (See the Overview above) 4. If all Fire engines that should have been there were not there, where were they at

the time? Answer Please refer to the answer of Question 3. 5. Are log books kept for each Fire engine? If not, why not? Answer Log books in the form of daily check lists for vehicles as well as equipment are kept for each vehicle. 6. Are these log books available for scrutiny? If not, why not? Answer

These log books are available for scrutiny.

58

2. ANSWER TO QUESTIONS OF CLLR M FOURIE FOR COUNCIL MEETING OF 29

OCTOBER 2015

MEDIA GRANTS It was reported in the media that the Executive Mayor handed over grants to 9 (nine) community media organizations operating in different parts of the City at the Sheraton Hotel in Arcadia during the week of 4 to 9 August 2015. In accordance with Section 15 of the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003) a municipality may incur expenditure only in terms of an approved budget and within the limits of the amounts appropriated for the different votes in an approved budget. 1. To which community radio stations were these grants given?

2. What was the value of the grant given to each radio station?

3. To which community newspapers were these grants given?

4. What was the value of the grant given to each community newspaper?

5. Under which specific Vote on the Medium-term Revenue and Expenditure

Framework 2015/16 were the funds appropriated?

6. Under which specific expenditure category on the Medium-term Revenue and

Expenditure Framework 2015/16 were the funds appropriated?

7. In accordance with which legislative authority is the Executive Mayor authorized

to make financial grants to private sector organizations?

8. Were the grants made by the Executive Mayor in accordance with a delegated authority by the Council to the Executive Mayor? If so, under which section of the Report for the Review of the Corporate System of Delegations in line with the new Governance Model for the City of Tshwane as approved by the Council on 26 January 2012 were the grants approved?

Answer The objective of the Media partnership initiative is to foster cooperation with media organisation in pursuit of (1) Social Cohesion and Nation Building Campaigns (2) Promotion of Equity and Diversity in Media (3) promotion of Regional Spread and Community of Interest (4) increase in local content of current affairs An allocation of a total of R2 250 000 (Two million two hundred and fifty

thousand rand) variable to the needs of the projects be made available in form

of conditional grants / donation as follows:

1) 9 (nine ) Community radio Stations each allocated R100 000 for improving

business operations and marketing and other short term needs

2) An additional once off capitalisation grant of R600 000 (six hundred thousand )

for Attridgeville FM (Pheli FM) for studio equipment to enable it to go live

broadcasting as part of the continuing 75 Anniversary celebrations of Attridgeville,

and further that Attridgeville is currently the only major “township” in Tshwane

without a community radio station on air

59

3) 4 (four) Community Newspapers and (1) One Provincial Student Magazine

allocated R50 000 each for increasing distribution and capitalisation of tools of

trade mainly cameras , scanners desktop publishing hardware and software

4) 1 (one) Training Programme through the University of Pretoria for Radio

broadcasting training for all the 9 Stations at a cost of R550 000 for 30 community

radio journalist

No BROACASTER AMOUNT

REQUESTED RECOMMENDED ALLOCATIONS

1. Bakaga FM R4,5 million R100, 000

2. GaRankuwa Community Radio R1, 9 million R100, 000

3. Kangala Community Radio R 310, 000 R100, 000

4. Mams FM R2, 1 million R100, 000

5. Moretele Community Radio R1, 3 million R100, 000

6. Pheli FM R2, 4 million R*700, 000

7. Soshanguve Community Radio R 850, 000 R100, 000

8. Tuks FM R1, 2 million R100, 000

9. TUT FM R1, 4 million R*650, 00

TOTAL A +R 13 million R2, 000 000

BUDGET REQUESTED R 14, 432 000

BUDGET ALLOCATED R2, 050 .000.00

5) 4 (four) Community Newspapers and (1) One Provincial Student Magazine

allocated R50 000 each for increasing distribution and capitalisation of tools

of trade mainly cameras , scanners desktop publishing hardware and

software

PRINT MEDIA

1. Mabopane Sun R432, 000 R50, 000

2. NellMams Times R600, 000 R50, 000

3. Zest Infotainment R400, 000 R50, 000

4. Wintertveld Times R50, 000

6) 1 (one) Training Programme through the University of Pretoria for Radio

broadcasting training for all the 9 Stations at a cost of R550 000 for 30 community

radio journalist

1. GENERAL GUIDELINES APPLICABLE TO GRANTING OF DONATIONS

In terms of the section 4 (2) (a) of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000) the Council of a Municipality has the duty to exercise the executive and legislative authority and use the resources of the municipality in the best interest of the local community and within the financial and administrative capacity with regard to practical consideration. The allocation of funds to Community Media organisations is in line with the Strategic Objective 4.1: To strengthen relations with non-profit organisations that are considered strategic partners for CoT.

60

In terms of the guidelines on the donation policy of the City of Tshwane as approved by Council on 12 March 2008 the City Manager must take all reasonable steps to ensure that the targeted beneficiaries receive the benefits of the donated funds. Section 67 (1) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) which deals with funds transferred to organisation read as follows: Before transferring funds of the municipality to an organisation or body outside any sphere of government otherwise than in compliance with a commercial or other business transaction, the accounting officer must be satisfied that the organisation or body- (A) Has the capacity and has agreed-

I. To comply with any agreement with the municipality.

II. For the period of the agreement to comply with all reporting, financial

management and auditing requirements as may be stipulated in the

agreement’

III. To report at least monthly to the accounting officer on actual expenditure

against such transfer; and

IV. To submit its audited financial statements for its financial year to the

Accounting officer promptly. 6.1. Applications for donations will be considered at any time during the year. 6.2. In considering applications received, the CoT should take into account the

merits of each case. 6.3 The Executive Mayor and or the Mayoral Committee may, out of his/her

own initiative and after considering the merits of each case, decide to grant a donation.

6.4 Applicants are required to disclose all other sources of funding received from the CoT and/or any other organisation or individual. The CoT any require the applicant to submit affidavits in this regard.

6.5 The CoT is not obligated to fund any organisation. All expenditure incurred was within the limitations of the department’s approved 2015/16 Medium-Term Revenue and Expenditure Framework. Cost Centre – VOTE 220, Cost Element Executive Mayor: Donations

61

3. ANSWER TO QUESTIONS OF CLLR M SHACKLETON FOR COUNCIL MEETING OF 29 OCTOBER 2015 The Democratic Alliance in Hammanskraal began circulating a petition in April 2015 requesting that the quality of tap water in Ward 74 be improved to such an extent that residents no longer fall ill when they consume it. The petitioner, Kgotso Matshabe (who is DA branch Chairperson in Ward 74, bearing contact number 072-673-3364), appeared before the petitions committee on or before June 2015 to discuss the issue. He was informed that the water in the area had been tested and that the quality of the water made it fit for human consumption. To this day, water throughout Hammanskraal continues to make residents physically sick. 1. Now that water shedding is a reality in Hammanskraal, how will the municipality

deal with it going forward, to ensure that the people of Hammanskraal do not go

without water?

Answer The City of Tshwane (CoT) has embarked on a project to upgrade the existing Temba Water Purification Plant through, amongst others, the construction of a new 60 Mℓ/d conventional treatment works, combined with a 120 Mℓ/d advanced process plant comprising ozone and Granular Activated Carbon (GAC) filtration. This project includes all the Structural, Civil, Mechanical and Electrical work required to achieve this objective, which includes ancillary works, like modifications to the Leeuwkraal/Kudube Dam, upgrade of the raw water and high lift pump stations, additional on-site storage and replacement of one of the raw water pipelines. The extension and upgrade of the plant aims to address the poor water quality as well as the current and future demand of the water supply in the greater Temba area which include but is not limited to, Ramotse Morokolong, Suurman, Majaneng, Kudube, Hammanskraal, Sekampaneng, Stinkwater, New Eersterust etc. The current supply is, in addition to the areas mentioned above, also supplying to the needs of the Moretele Municipality directly north of the COT boundary. The demand in both areas has increased far beyond the above capacity and water is being supplied on a rotational basis to the western and the eastern parts of the area. The Moretele area is also included in a rotational phase. To cater for the basic daily demands numerous water tanks have been place throughout the region in the COT and these are filled on a daily basis by water bowser trucks circulating through all areas.

62

The communities of the Temba Hammanskraal as well as the Moretele areas are requested to take cognizance of the dire water crisis in the areas and stop all watering of gardens as people’s needs should take first priority above those of lawns. They are also requested to report misuse of tanks by individual consumers who reserve the tank water for own use directly to Mr Mokoena or Mr Lotter at 012 717 2896 or 0122 3587834.

2. The supply of clean water is one of the most essential services; it is a necessity

for life. How will the Municipality ensure that clean water is available at all times to

the people of Hammanskraal?

Answer A total of 2607 analysis were done during the period from July 2015 to September 2015 for the Temba water distribution network.

3. Kindly advise as to how often, in the last 90 days, the water being distributed

from Temba Water Works has been outside the Tshwane drinking water

standards regarding the following criteria:

a) Organics; b) Biochemical parameters; c) Taste; d) Odour.

Answer Full water monitoring was done for the period of 90 days from July – September 2015 according to the monitoring program.

a) Organic determinants were 95% and the target is 100%

b) Bio-chemical parameters were 100%compliance

c & d) Physical and Aesthetic determinants (Taste, Odour and Colour) were 82.5% and the target is 99%.

The reason for the above determinants not to meet the desired target is due to the quality of raw water received from the Leeukraal Dam. However, the Department confirms that the water supplied through the CoT water distribution network in the Hammanskraal area is microbiologically safe (Acute Health) for human consumption.

63

4. ANSWER TO QUESTIONS OF CLLR C BOSCH FOR COUNCIL MEETING OF 29 OCTOBER 2015 A land claim was submitted with regards to the Farm Haakdoornlaagte 277-JR in Tshwane. This land was allocated for pasture/grazing. Since the start of this land claim, various permanent structures have been erected on this property and due to this we wish to pose the following questions to the Mayor’s office. 1. Has this Farm in question been rezoned for residential purposes? Answer According to the Tshwane Town Planning Scheme of 2008 (revised 2014) the farm is currently zoned undetermined which allows agricultural use and one dwelling house. According to our records there is no land use application with the intention of amending the scheme from undetermined to residential zoning. 2. Has any subdivision taken place on the Farm in question? Answer The farm comprises of portions however since the former Nokeng Tsa Taemane became part of the City of Tshwane we have not received any new division applications. 3. Is the property fit for human occupation with plans for essential services to be

implemented for the area such as sewerage, water and sanitation? Answer Based on the information which state that the property was allocated for grazing and agriculture, we cannot definitively confirm on whether the said property is fit for human occupation. A detailed geotechnical evaluation will have to be undertaken to satisfactory respond to the issue, the Department of Roads and Transportation: Geological and Geotechnical Engineering Management Section, Environmental Management Services and Water and Sanitation Department can advise in this regard. 4. Has the City of Tshwane approved any of the dwellings already constructed? Answer No building Plans were submitted or processed 5. If no, what action will be taken against occupants of these illegally erected

dwellings? Answer This matter has been dealt with by City’s Metro Police Department

64

6. How will the City of Tshwane assist the successful land claimants on this property to take their rightful ownership in light of the illegal land occupation on this property?

Answer The land claimant will be guided by the outcome of the Department of Rural Development and Land Reform process.

65

5. ANSWER TO QUESTIONS OF CLLR T MOTAU FOR COUNCIL MEETING OF 29 OCTOBER 2015 Having noted that, for months now, a project to provide RDP houses to residents of Block M, Extension 1, Ward 35 in Soshanguve has been abandoned, and further asserting that no explanation by Council was given to the affected residents for the abandonment of the project, 1. Why has this project been abandoned?

2. Does Council intend to continue with the project anytime soon?

3. If so, exactly when will the project be resumed?

Answer The Gauteng Department of Human Settlement has appointed a contractor to construct 120 Top Structures during the 2015/2016 Financial Year, and the contractor has commenced construction since April 2015. In terms of the MTEF Business Plan for the Region, 100 Top Structures is planned for the 2016 /2017 Financial Year and 200 Top Structures for the 2017/2018 Financial.

66

6. ANSWER TO QUESTIONS OF CLLR U JOOSUB FOR COUNCIL MEETING OF 29 OCTOBER 2015 DRUG PROBLEMS, WARD 61, LAUDIUM 1. Is anything being done about this problem? If so, please give details. 2. What programmes have been put in place to control the problem? 3. Have schools been equipped to deal with these problems? 4. Has a suitable property been identified for a rehabilitation centre? If so, please

give details of the property. Answer The report is been compiled in response to the questions raised regarding drug and substance abuse in Laudium. A request has been made to the area Social Worker to compile a formal report to answer questions and progress made. The Central Drug Authority (CDA) is authorized by ACT 20 of 1992 and the Prevention and Treatment of Substance Abuse Act 70 of 2008 (to be promulgated) to develop a National Drug Master Plan (NDMP)that gives effect to establishment of Local Drug Action Committees(LDAC) and Provincial Substance Abuse Forum. The Act further mandates the Executive Mayor to establish the Local Drug Action Communities within the Municipality and appoint relevant officials to serve as committee members and implement the programmes at hand. This responsibility is delegated to municipal officials, Community Development and Empowerment. In executing this responsibility the department is expected to work with all relevant departments across spheres of government, Civil Society, NPO, Faith Based Organizations, Media Houses, forums of Traditional Healers and the private sector. The following are responsibilities of the Social Worker serving in Ward 61

To work with office of the Ward Councilor in ensuring the successful implementation of the programme and mobilization of all stakeholders in the community.

To provide integrated prevention services to individuals, families and community affected by substance abuse as well as strengthening partnership with already existing stakeholders.

Establish and serve as secretariat of Ward Based Local Drug Action Committees (WBLDAC) as per NDMP (National Drug Master Plan).

Convene monthly meetings with the committees and ensure that these committees coordinate substance abuse activities in the Wards and link with LDAC.

Implement demand reduction intervention services focusing on dissemination of information with intent to discourage people’s engagement on drug and substance abuse through awareness and education programmes.

Progress made by the Social Worker

67

Social Worker engaged the office of Ward 61 Councilor Essop with regard to mobilizing stakeholders such as SAPS, Department of Health, Social Development, Education, NGO’s and FBO’s within the community of Laudium. Social Worker further explained the purpose of NDMP and the role of office of Ward Councilor and importance of launching ward based local drug action committee (WBLDAC).

The Social Worker compiled a business plan and sent copy to office of Ward Councilor for inputs and suggestions, which was subsequently adopted as the final copy.

The launching of WBLDAC was not well received by Councilor’s office. It was indicated that there is no need to establish such a committee as it was once established in 2013 and the committee only set for meetings and no actions were undertaken, hence it was indicated that Laudium does not need WLDAC, all they need is implementation of the programme by the social workers. .

The success of the program depends on the launch of this structure as all services are coordinated within that structure, the structure should comprise of representatives from all stakeholders mentioned above as well as community members and volunteers. I have attached business plan for ease of reference.

Several attempts were made to convince the ward councilor’s office about the importance of this structure, meetings were convened between him and senior officials from CoT Community Development & Empowerment and Gauteng Social Development to present the implementation plan. Unfortunately the agreement was that Laudium will not launch WLDAC.

Social Workers implemented drug and substance abuse awareness campaigns at Laudium Secondary, Himalaya Secondary, Jacaranda Primary and Andrew Anthony Primary Schools.

Social Workers from region 4 are allocated schools in Laudium to render services on weekly basis. They attend to individual cases referred by Educators and Principals, they also render group work services to empower learners with life skills, and address issues of bullying as well as effects of drugs and substance abuse.

Conclusion

It will be greatly appreciated if the Social Worker can be allowed to launch WBLDAC to ensure successful implementation of the business plan.

The above can only be achieved through support of the Ward Councilor.

68

7. ANSWER TO QUESTIONS OF CLLR D MNGUNI FOR COUNCIL MEETING OF 29

OCTOBER 2015 I refer to the Section 79 Oversight Committee: Community Safety With regards to the Report tabled in Council on the 25 June 2015 on the proposal to reduce the contracted security services to guard high risk buildings: 1. What is the financial impact of replacing contracted security services with metro

police officers? Will the municipality be saving or paying more? Answer The Municipality will definitely save money in this regard as it will drastically reduce the Watchman Services cost, which is the highest line item within the TMPD’s budget. This will be achieved while at the same time ensuring that the Council property is protected by better trained personnel. 2. Where would the 350 constables come from? Will they be redeployed from active

by law enforcement to go serve guard duty? Answer The 350 Constables will come from the current intake of 2000 trainees who will be fully-fledged members of the TMPD as from December 2015. The protection of Council property remains the responsibility of the Metro Police. 3. If these metro police officers are taken from active duty to guard duty, will their

salary scale and shift duties be in line with PSIRA guidelines? Answer The salary of a Metro Police Constable is higher than that of a private security person therefore the PSIRA guidelines will be irrelevant. In terms of shifts, the Constables assigned to guarding duty will work in terms of the TMPD shift system, whatever system will ultimately be agreed upon. It should be noted that the shift system, which is currently an 8-hour system (05h00-13h00; 13h00-21h00; and 21h00-05h00) may be altered after negotiations with unions, and ratification by the Local Labour Forum (LLF).

4. How many security guards who are currently guarding said premises will lose their jobs as a result of the scale down?

Answer The TMPD is not in a position to say how many private security officers may lose their jobs as a result of the reduction of the mandates to the security firm. Such an exercise will be speculative and unscientific as it may well be that the private security firm will shift its workers to other clients, where they will continue working. Such is that nature of the private security industry, its workforce is mobile depending on where the firms are contracted.

69

5. How does the impact of moving 350 metro police officers from law enforcement to

guard duty impact by-law enforcement in regions where there is little or no enforcement taking place?

Answer The very addition of extra Constables who will be graduating soon means that the force number of the TMPD will be increasing. The use of such members on guard duty will have no impact hence, in real terms law enforcement will receive a boost as from December 2015. 6. Wouldn‟t it serve the residents of this municipality and rate payers better if the 350

officers were sent to enforce by-laws in places like Mabopane Station, Temba Station, Denneboom Station, etc.?

Answer As indicated above, the mentioned areas will be receiving extra officers as from December 2015, adding to the ones that are already on the ground serving these as it were.

70

H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS MEETING OF: 23 SEPTEMBER 2015

There were none.

71

I. NEW MOTIONS

A. MOTION 70: EMPLOYER’S DUTY FREE ACCESS TO US MARKETS MOTION IN TERMS OF SECTION 18 OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY The Acting Speaker indicated that she had received the following motion from Cllr PA Van der Walt, seconded by Cllr MS Shackleton:

(Unaltered)

“NOTING that the African Investment and Opportunity Act of the United States of America (“AGOA”), renewed in June this year, allows South African producers and employers duty-free access to US markets; FURTHER nothing the report by the National Association of Automotive Manufacturers of South Africa that automotive exports to the US have grown from R4.7 billion in 2001 to R17.1 billion in 2014 under AGOA; THAT this Council therefore calls on the national government and President Jacob Zuma: 1. To recognize that thousands of jobs in the Tshwane Metropolitan

Municipality are dependent on the success of the South African automotive industry;

2. To do everything in their power to resolve disputes with the United

States as not to compromise South Africa‟s status under AGOA; and 3. To refrain from enacting legislation which contravenes the

requirements of AGOA, in particular the requirement to operate a free market?”

The Acting Speaker hereafter explained the provisions of Section 19(1)(a) and (b) as well as 19(2)(a) of the Rules and Orders as quoted hereunder:

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

(1) In his or her opinion, the motion or proposal-

(a) may lead to the discussion of a matter on the agenda that has already been dealt with or a matter that has no bearing on the administration of, or conditions in the City of Tshwane;

(b) advances arguments, expresses opinion, or contains

unnecessary factual, incriminating, disparaging or improper suggestions‟

(2) the motion or proposal-

72

(a) is one in respect of which the City of Tshwane has no

jurisdiction;‟

The Acting Speaker explained that Item 8, contained in Part III of the agenda, among others, deal with the promotion of Global Investment and other related matters, which in her opinion partly relates to issues raised in this motion. She further explained that point 3 of the motion states that the National Government must refrain from enacting legislation which contravenes the requirements of AGOA. The mentioned statement in her opinion, among others, advances arguments and expresses opinion, and contains an improper suggestion and the matter has no bearing on the administration. The Acting Speaker furthermore indicated that this matter is one in respect of which the City of Tshwane has no jurisdiction. In light of the above explanations, the Acting Speaker disallowed this motion in terms of Section 19(1)(a) and (b) as well as 19(2)(a) of the Rules and Orders. RESOLVED: That motion70 be disallowed in terms of Section 19(1)(a) and (b) and 19(2)(a) of the Rules and Orders.

73

B. MOTION 71: INVESTIGATION INTO PURCHASING OF PPE

MOTION IN TERMS OF SECTION 18 OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY The Acting Speaker indicated that she had received the following motion from Cllr D

Moss, seconded by Cllr GC Pretorius.

(Unaltered)

“That the following resolution proposed by Councillor Darryl Moss be debated in the Council meeting to be held on 29 October 2015 Given the recent report by the Water and Sanitation Department to the Section 79 Committee on Services Infrastructure, concerning the cost of Personal Protective Equipment (PPE) from the COT stores, an urgent investigation into purchasing of PPE needs to be done. It is therefore resolved that a) a forensic audit on the purchasing of PPE, including overall jackets,

overall trousers and safety boots for the period July 2011 to June 2015 be done.

b) the report include a total calculation of the fruitless and wasteful

expenditure (if any). c) That the report be presented to Council within 90 days.”

The Acting Speaker explained that Cllr Moss in his motion is stating that „Given the recent report by the Water and Sanitation Department to the Section 79 Committee on Services Infrastructure, concerning the cost of Personal Protective Equipment (PPE) from the COT stores, an urgent investigation into purchasing of PPE needs to be done.‟ She further explained that Cllr Moss in his motion is not saying at which meeting or on what date did the Section 79 Committee deal with the report, nor does he reveal the outcome of that discussion or the decision taken at that stage. The Acting Speaker explained that in the absence of that information, She had no option other than to look at Section 19(1)(b) of the Rules and Orders which reads as follows:

(Unaltered)

„19. The Speaker furthermore must disallow a motion or proposal if-

1. In his or her opinion, the motion or proposal-

74

(b) advances arguments, expresses opinion, or contains unnecessary factual, incriminating, disparaging or improper suggestions‟

The Acting Speaker hereafter indicated that in the light of the aforesaid lack of information, she was of the opinion that the motion advances argument and expresses opinion and therefore disallowed this motion in terms of Section 19(1)(b) of the Rules and Orders.

RESOLVED: That motion 71 be disallowed in terms of Section 19(1)(b) of the Rules and Orders.

75

C. MOTION 72: REVIEW OF THE COMMUNE POLICY OF THE CITY OF TSHWANE

(FEBRUARY 2008) MOTION IN TERMS OF SECTION 18 OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY The Acting Speaker indicated that she had received the following motion from Cllr S

Muller, seconded by Cllr Prof CJ Napier:

(Unaltered)

“The Council resolves that:

THE Executive Mayor is requested in terms of Rule 22 of the Rules and Orders to review the Commune Policy of the City of Tshwane of February 2008 (“the Policy”) with the a view to incorporate its provisions in a By-Law on the Regulation of Communal Housing (“the by-law”); THE by-law be drafted with the purpose of empowering law enforcement agencies to take effective action against owners and tenants of communal housing who contravene the provisions of the by-law.”

The Acting Speaker hereafter explained the provision of Section 22 of the Rules and Orders as quoted hereunder:

(Unaltered) „22. Motion or proposal affecting a by-law, law or any new by-law to be referred to

the Executive Mayor

Before the Council passes a resolution on a motion or proposal, other than a recommendation of the Executive Mayor, oversight or standing committee, affecting the making or amendment of a law or by-law, the motion or proposal must be submitted to the Executive Mayor subject to the provisions of section 46(2).‟

Thereafter the Acting Speaker indicated that no discussion will be allowed on this motion and referred the motion to the Executive Mayor as prescribed in Section 22 of the Rules and Orders.

RESOLVED:

That motion 72 be referred to the Executive Mayor in terms of Section 22 of the Rules and Orders.

76

D. MOTION 73: RDP HOUSING PROJECT, SOSHANGUVE

MOTION IN TERMS OF SECTION 18 OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY The Acting Speaker indicated that she had received the following motion from Cllr LG Motau, seconded by Cllr J Jansen:

(Unaltered)

„Given that the RDP housing project in Block M, Extension 1, Ward 35 in Soshanguve was abruptly abandoned without explanation, AND Noting that the affected residents are living in distress, with dashed hopes,

COUNCIL HEREBY RESOLVES: To set in motion a process to resume and complete this housing project as expeditiously as possible.‟

The Acting Speaker explained that Cllr Motau posed the following questions in terms of Section 10 of the Rules and Orders for purposes of this particular Council meeting:

(Unaltered)

„10. QUESTION BY CLLR LG MOTAU

Having noted that, for months now, a project to provide RDP houses to residents of Block M, Extension 1, Ward 35 in Soshanguve has been abandoned, AND FURTHER Asserting that no explanation by Council was given to the affected residents for the abandonment of the project, COULD THE EXECUTIVE MAYOR PLEASE CLARIFY: 1. Why has this project been abandoned?

1. Does Council intend to continue with the project anytime soon?

2. If so, exactly when will the project be resumed?‟

The Acting Speaker hereafter explained the provision of Section 19(1)(a) of the Rules and Orders as quoted hereunder:

77

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

(1) in his or her opinion, the motion or proposal- (a) may lead to the discussion of a matter on the agenda that has

already been dealt with …..‟

The Acting Speaker further explained that this matter was indeed dealt with under questions submitted in terms of Section 10 of the Rules and Orders and therefore disallowed the motion in terms of Section 19(1)(a) of the Rules and Orders. RESOLVED: That motion 73 be disallowed in terms of Section 19(3) of the Rules and Orders.

78

J. PETITIONS

The following Petitions were submitted at the Council meeting of 29 October 2015 in terms of Section 16(1) of the Rules and Orders:

1. Petition requesting the City of Tshwane Metropolitan Council to action its plan of building RDP houses in Block MM Soshanguve Ward 96 (by Cllr JJ Coetzee).

2. Petition requesting the City of Tshwane Metropolitan Council to assist the community with illegal dumping in Ward 3, WestPark (by Cllr DJ Swanepoel).

3. Petition requesting the City of Tshwane Metropolitan Council to install speed

bumps and traffic circle in Pretoria Gardens in Ward 55 (by Cllr J du Plooy). 4. Petition requesting the City of Tshwane Metropolitan Council to stop illegal

cutting of electricity supply in Soshanguve Ward 88 (by Cllr MR Maake). 5. Petition requesting the City of Tshwane Metropolitan Council to install speed

bumps in Ward 43, at both Fred Margadie Primary and PS Fourie Primary School (by Cllr I Singh).

6. Petition requesting the City of Tshwane Metropolitan Council to stop the noise

at a night club at corner of Hillside and the Village in Lynhood, Ward 82 (by Cllr S Muller).

7. Petition requesting the City of Tshwane Metropolitan Council to fence off last

section of the Waterkloof spruit at Selati Street, Alphen Park, Ward 82 (by Cllr S Muller).

8. Petition requesting the City of Tshwane Metropolitan Council to investigate

possible solutions to deal with heavy traffic around Totiusdal Primary School, Ward 52 (by Cllr F Smith).

9. Petition requesting the City of Tshwane Metropolitan Council to fence off

Municipal grounds used for illegal dumping in Elardus Parkt, Ward 79 (by Cllr VA Bosch).

10. Petition requesting the City of Tshwane Metropolitan Council to build sporting

facilities in Ward 89 (by Cllr DSL Mnguni). 11. Petition requesting the City of Tshwane Metropolitan Council to build a library in

Ward 89 (by Cllr DSL Mnguni).

12. Petition requesting the City of Tshwane Metropolitan Council to reduce the heavy cost of waste management in Gem Valley, Ext 1.

13. Petition requesting the City of Tshwane Metropolitan Council to create

employment for youth of Ward 104, Ekangala (by Cllr MR Ngobeni). 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.

79

K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF THE MEETING, AT THE DISCRETION OF THE SPEAKER 1. Office of the Speaker

Allegations of Cllr JC Ntuli‟s contravention of the Code of Conduct for Councillors, read with Schedule 1 of the Municipal Systems Act 32 of 2000 ………………………………… 80-81

2. Office of the Speaker Report on final ward demarcation by the Municipal Demarcation Board in preparation for Local Government Elections 2016 ……………………………….. 82

80

MD Matsena (012 358 8065) COUNCIL: 29 October 2015 1. OFFICE OF THE SPEAKER

ALLEGATIONS OF CLLR JC NTULI‟S CONTRAVENTION OF THE CODE OF CONDUCT FOR COUNCILLORS, READ WITH SCHEDULE 1 OF THE MUNICIPAL SYSTEMS ACT 32 OF 2000 The purpose of this report is for Council to consider allegations of Cllr JC Ntuli‟s contravention of the Code of Conduct for Councillors and make an appropriate recommendation on the matter. IT WAS RECOMMENDED TO THE COUNCIL: 29 OCTOBER 2015):

1. That cognisance be taken of the content of this report. 2. That in view of the facts provided in paragraphs 5 and 6 of this report, Cllr JC

Ntuli be deemed not to have contravened the Code of Conduct or any other relevant legislation.

3. That, should there be a prima facie case in relation to other unsubstantiated

allegations of impregnating and having sexual encounters with minors from the councillor‟s neighbourhood, appropriate action will be taken against him.

At the Council meeting of 29 October 2015, the Acting Speaker before tabling this report explained that the Code of Conduct for Councillors, in particular item 13(2) thereof, provides that when a report on the alleged contravention of the Code of Conduct by a Councillor is submitted to Council, such a report is open to the public. In accordance with paragraph 9 of the Council procedure for dealing with such alleged contravention (Council resolution of 27 September 2007), the Councillor concerned should, however, excuse him/herself from the duration of the discussion of such a report in Council. Since Cllr Ntuli was not present at the meeting, the Acting tabled this item for consideration. Subsequently, Cllr Prof T Khalo seconded by Cllr JC Chauke proposed the following amendment:

(Unaltered)

“That recommendation 3 be deleted” The Council acceded to Cllr Prof Khalo’s proposal and it was thereafter resolved as set out below:

81

RESOLVED: 1. That cognisance be taken of the content of this report.

2. That in view of the facts provided in paragraphs 5 and 6 of this report, Cllr JC

Ntuli be deemed not to have contravened the Code of Conduct or any other

relevant legislation.

82

MATSOBANE LEDWABA (012 358 1408) COUNCIL: 29 OCTOBER 2015 2. OFFICE OF THE SPEAKER

REPORT ON FINAL WARD DEMARCATION BY THE MUNICIPAL DERMACATION BOARD IN PREPARATION FOR LOCAL GOVERNMENT ELECTIONS 2016.

The purpose of this report is to provide Council the report on the final outcome of the Ward Demarcation as finalised by the Municipal Demarcation Board (MDB) and gazetted on the 21 August 2015 and 19 October 2015.


RESOLVED: 1. That cognisance be taken of the contents of this report. 2. That the CoT accepts the final ward boundaries as per attached Annexure A. 3. That the CoT arranges public meetings for the purpose of presenting the final

ward boundaries to the communities and its stakeholders to ensure readiness towards the 2016 Local Government Elections.

(Remark: At the Council meeting of 29 October 2015, the Acting Speaker indicated that any objection to the Ward delimitation can be sent directly to the Ward Demarcation Board.)

83

L. CONCLUSION

The Acting Speaker thanked all Councillors for their valuable inputs during the meeting and declared the meeting closed at 17:00.

council minutes for approval at the 50 council meeting … · 50th council meeting of the city of...

Documents