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KRR(2019-02-28)(SAM)[CHALL-155177] 2019-03-01

COUNCIL DECISION CIRCULAR : MEETING HELD ON 2019-02-28

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2019-02-28.

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

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

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

- 2 - (eThekwini MunicipalityCouncil Decisions - 2019-02-28)

1. FIRST REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2019-02-19

_____________

1. REPORT OF ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE: MEETING HELD ON 2019-02-08

(Page R1)

1.1 Request to Authorise Partnership Investment of the City to the Route Development Committee to Drive Marketing and Public Relations Campaign (20/1/4/1):(Page 19: Economic Development and Planning Committee - Agenda 2019-02-08)

Authority is being sought for the partnership investment of the Route Development Committee to drive the marketing and public relations campaign linked to the inaugural flight of British Airways for the current 2018/2019 and 2019/2020 financial years.

In support of route development,

COMMITTEE RECOMMENDS:

1.1.1 That Council approves the contribution of eThekwini Municipality for the Route Development Committee partnership investment of R2 000 000.00 (Two Million Rand) per financial year, current financial year 2018/2019 and 2019/2020, to drive the marketing and public relations campaign linked to the inaugural flight of British Airways to King Shaka International Airport.

1.1.2 That authority be granted to the City Manager to enter into a Memorandum of Agreement with entities, namely, Tourism KwaZulu-Natal, Dube Tradeport Corporation and Trade & Investment KwaZulu-Natal to embark on the public relations and marketing campaign referred to in .1 above.

1.1.3 That authority be granted to channel R2 000 000.00 for 2018/2019 and R2 000 000.00 (Two Million Rand) for 2019/2020 financial years to Tourism KwaZulu-Natal as the provincial entity assigned to project manage the campaign and, in terms of the Memorandum of Agreement stated in .2 above.

BU ITEM.SUB FUND COSTING PROJECT REGION

26723 16315 12120 0000 85405 0010

FC No.:2019/13/14ADOPTED.

1.2 Critical Investment Infrastructure (25/1/2/3):(4: Economic Development and Planning Committee - Agenda 2019-02-08)

Project authority is being sought to upgrade storm water culverts to secure the business environment in the South Industrial Basin, and to reprioritize the capital budget to accommodate the required infrastructure project. The Head: Economic Development and Investment Promotion will subsequently make provision in the 2018/2019 adjustment budget and in the 2019/2020 financial year for this project.


It is acknowledged that South Industrial Basin is a vital part of eThekwini’s manufacturing base and that maintenance and upgrade of the urban infrastructure is required to support economic growth and job retention and creation. The upgrading of stormwater canals is urgently required to prevent flooding and environmental degradation and to preserve and improve these business environments.


1.2.1 That project authority be granted to the Head: Engineering Services to proceed with the three storm water canal rehabilitation projects on Alan Paton Road, Stanval Canal, and Phila Ndwandwe Road to prevent flooding of infrastructure, for environmental protection and public amenities and secure business investment in these areas.

1.2.2 That subject to .1 above authority be granted to the Head: Economic Development to re-prioritise the capital budget to accommodate the required infrastructure project in the South Durban Industrial Basin.

1.2.3 That subject to .1 and 2. above, the Head: Economic Development be allocated R19 500 000.00 (Nineteen Million Five Hundred Thousand Rand) in the 2018/2019 adjustment budget and R22 231 000.00 (Twenty Two Million Two Hundred and Thirty One Thousand Rand) in the 2019/2020 financial year to co-fund these projects together with the Coastal Stormwater and Catchment Management Department of the Engineering Unit.

BU ITEM FUND COSTING PROJECT REGION AMOUNT (Excl. VAT)

YEAR

26101 45230 12120 0000 S1014 W032 R6 000 000 2019/20

26101 45230 12120 0000 S1015 W068 R7 000 000 2018/19

26101 45230 12120 0000 S1015 W068 R10 000 000 2019/20

26101 45230 12120 0000 S1016 W076 R12 500 000 2018/19

26101 45230 12120 0000 S1016 W076 R6 231 000 2019/20

FC Number: 2019/18/CA43ADOPTED.

1.3 Greater Hammarsdale/Cato Ridge Industrial Investment Areas (20/1/6/1):(5: Economic Development and Planning Committee - Agenda 2019-02-08)

The areas of Hammarsdale and Cato Ridge play a critical role in attracting new investments in the industrial and logistical warehousing sector. These areas have become a significant role-player in Government’s Strategic Infrastructure Project (SIP 2). As a result, this has placed pressure on bulk services such as Main Road 385 and the Hammarsdale Waste Treatment Works.

On this basis,


1.3.1 That the developments in the greater Cato Ridge / Hammarsdale areas and the need to upgrade bulk infrastructure, be noted.


1.3.2 That project authority for the upgrade of the Hammarsdale Waste Water Treatment Works at a cost of R8 million Rand Excl. VAT, approved.

1.3.3 That subject to the adoption of .2 above, authority be granted to the Head: Economic Development to make the necessary funds available to Metro Waste Water Department for the upgrade project.

1.3.4 That subject to the adoption of .1 above, authority be granted to the Head: Economic Development to negotiate costs sharing arrangement for the construction of the new Cato Ridge / N3 interchange.

BU ITEM FUND COSTING PROJECT

REGION AMOUNT(EXCL. VAT)

YEAR

26101 43810 12120 0000 S1089 W004 R 500 000 To be met via Mid-Term Adj. Budget in 2018/19

26101 43810 12120 0000 S1089 W004 R4 500 000 To be provided in 2019/20

26101 43810 12120 0000 S1089 W004 R3 000 000 To be provided in 2020/21

FC No.: 2019/18/CA37ADOPTED.

1.4 Inanda - Mtshebeni: Facilitation of Private Sector Development: Reconfiguring and Construction of Municipal Service Road, Erf 505 Piezangs Rivier No. 805 (25/4/8/1):(3: Economic Development and Planning Committee - Agenda 2019-02-08)

The Council decision of 2016-05-04 with respect to Erf 505 Piezangs Rivier No. 805 is being re-affirmed to promote investment in the township economy and priority nodes and corridors and contribute towards the realization of Plan 2 of the Integrated Development Plan i.e. Develop a prosperous, Diverse Economy, and Employment Creation.

To this end, the Real Estate Department has now concluded an agreement with the land owner for the Municipal Service Road development, wherein the total cost of acquiring a right of way servitude is R224 250.00 (Two Hundred and Twenty Four Thousand Two Hundred and Fifty Rand) (excluding VAT).

Therefore,


1.4.1 That authority be granted to the Head: Real Estate to acquire/expropriate the right of way servitude and temporary right of way servitude over portion 505 of the farm Piezang Rivier No.805 as per Plan No.SJ 4718 and at a total cost of R224 250.00(Two Hundred and Twenty Four Thousand Two Hundred and Fifty Rand),(excluding VAT).

1.4.2 That subject to adoption of .1 above, authority be granted to the Head: Real Estate to deviate from the Supply Chain Management Regulations and negotiate for the acquisition of the Municipality’s requirements, utilizing Regulation 36 (1)(a)(ii) and 36 (12)(a) of the Supply Chain Management Policy.


1.4.3 That subject to the adoption of .1 above and approval of the Bid Adjudication Committee pursuant to successful negotiations, authority be granted to the Head: Real Estate to sign the relevant agreements and all documents necessary to effect transfer of the Municipality’s requirements.

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

1.4.5 That in the event of negotiations being unsuccessful, authority be granted to the Head: Real Estate to expropriate the right of way and temporary right of way requirements.

Description BU Item Project Costing Funding Region Proposed expenditure (excl. Vat)

Financial year

Mtshebheni Public realm upgrade

26101 45130 S1107 0000 51080 W058 263158 2018/19


1.5 Township Economy: Neighbourhood Development Partnership (7/4/2):(3: Economic Development and Planning Committee - Agenda 2019-02-08)

Project authority is being sought to reprioritize the allocation of grant funding in line with project cash flows approved by the National Treasury’s Neighbourhood Development Partnership office.


1.5.1 That project authority be granted for the development of Umlazi Ezimbuzini Information Traders Stalls.

1.5.2 That the reprioritization of the allocation of the grant funding in line with the project cash flows approved by the National Treasury’s NPD Office, be approved.

Business Unit Item Item Subset

Fund Costing Project Region Amount Year

26101 45350 51040 0000 S1001 W076 R5 300 000 2018/19

FC No.: 2019/18CA45ADOPTED.

1.6 Motivation for Advertisement of Draft 2019-2020 Municipal Spatial Development Framework for Public Comment (21/5/1):(Page 63: Economic Development and Planning Committee - Agenda 2019-02-08)


1.6.1 That the Draft Municipal Spatial Development Framework (SDF) 2019/2020, be advertised for public comment.

1.6.2 That the Draft Municipal SDF 2019/2020 be referred to the respective Portfolio Committees for presentation to understand all implications associated therewith prior to approving the SDF document in May 2019.


1.6.3 That comments received during the public process be considered and the amended Final Draft Municipal SDF 2019/2020 be prepared.

1.6.4 That the Final Draft Municipal SDF 2019/2020 be tabled at Council meeting in May 2019 for final adoption.ADOPTED.

1.7 Motivation for Extension of Appointment of Building Control Officer (4/3/2):(Page 86: Economic Development and Planning Committee - Agenda 2019-02-08)

It will be recalled that Council previously approved extension of appointment of Building Control Officer. Following consideration of critical aspects pertaining to this position as well as the lengthy recruitment process involved, the attention is drawn to the fact that the remaining period granted to Mr Siyabonga Ashbey Sikhakhane and Ms Tracy Hutton to act as interim Building Control Officer may not be adequate.

Furthermore, the recommended incumbent on the completion of the recruitment and selection process would have to serve a period of one month notice. This would result to further delays in fulfilling the core functions of the Unit.

In view of the foregoing,


1.7.1 That in compliance with the National Building Regulations and Building Standards Act No. 103 of 1977, Council approves the extension of the acting period of the interim Building Control Officer till the post is filled on a permanent basis and that the acting appointment be rotated between two employees, it being noted that powers delegated to the interim Building Control Officers will be withdrawn as soon the official appointment is made.

1.7.2 That, subject to the approval of .1 above, the Council resolution of March 2019 stating that Mr Siyabonga Ashbey Sikhakhane commences duty on 2018-10-01 to 2018-12-31 and Ms Tracy Hutton, from 2019-01-01 to 2019-03-31 to enable the finalization of the recruitment and selection process for the position of Building Control Officer will be amended accordingly to align with the acting period outlined in .3 below.

1.7.3 That Council approves further extension of the acting appointment of Mr Siyabonga Ashbey Sikhakhane and Ms Tracy Hutton as interim Building Control Officers for a period of three (03) months, on a rotation basis, with the former to commence duties on 2019-04-01 to 2019 -06-30 and the latter to commence from 2019-07-01 to 2019-09-30, to enable the finalization of the recruitment and selection process for the position of Building Control Officer.ADOPTED, by the majority vote.

1.8 Planning Sector Tariffs - 2019/2020 Financial Year (7/6/1/6):(Page 93: Economic Development and Planning Committee - Agenda 2019-02-08)

At the Economic Development & Planning Committee Members of the Democratic Alliance (9) abstained on the matter relative to the general increase of 5% in Planning Sector Tariffs: 2019/2020.


They were of the view that an amount of R5000.00 (Five Thousand Rand) is exorbitant for people to pay to lodge appeals. Members of the African National Congress (18), Inkatha Freedom Party (2), Economic Freedom Fighters (1) and the Independent (1) supported the matter.


At the Executive Committee level, Members of the Democratic Alliance (03) voted against the matter reiterating the exorbitant amount of R500.00. Members of the African National Congress (05) and the Inkatha Freedom Party (01) voted in favour of the matter.


1.8.1 That the Council of eThekwini Municipality resolves in terms of Section 75A of the Local Government Municipal Systems Act No. 32 of 2000, that with effect from 01 July 2019 the tariffs set out in annexure “A” of the report of the Head: Development Planning, Environment and Management be levied in respect of the Planning sector.

1.8.2 That the City Manager implements the following without delay:

i) To display conspicuously a copy of this resolution and the said tariff charges:

(a) on the City Hall Notice Board.(b) at such other places within the Municipality as the City Manager may

determine.

ii) To seek to convey the information referred to in the said notice to the public through the relevant media platforms,

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

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

ETHEKWINI MUNICIPALITY

Notice is hereby given that:-

(a) A resolution of the kind contemplated in section 75 A (2) of the Local Government: Municipal System Act No. 32 of 2000 was passed by the Municipal Council on ……………………………

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

i) City Hall, Dr Pixley kaIsaka Seme Street (Former West Street)ii) ……………………………etc.

(c) The effective date for the implementation of the said tariff charges is 2019-07-01.

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

Date: …………………………………..ADOPTED, by the majority vote.


1.9 Rural Economic Development: Progress Report on Intathakusa Tourism Asset (20/1/4/3):(Page 250: Economic Development and Planning Committee - Second Supplementary Agenda 2019-02-08)

Intathakusa project site has been identified as a suitable location for proposed tourism located activities. However, despite all efforts there has been no positive response from the private sector to invest herein. Consequently, a significant portion of the land has been invaded by community members who have now built formal dwellings thereon.

The development proposal for the site includes repairs and renovations to a farmhouse building and local economic development (agriculture).

Therefore,


That authority be granted for the Head: Economic Development to reprioritize the capital budget to accommodate the required R1 530 000.00 (One Million Five Hundred and Thirty Thousand Rand) in the 2018/19 adjustment Budget for Intathakusa Development to cover the renovation costs of the farmhouse and the pilot agricultural development project.

BU Item Fund Costing Project Region Expenditure proposed

(excl. VAT)

Financial year end

26101 45375 12120 0000 S1172A1 W003 R200 000.00 2018/19

26101 45345 12120 0000 S1172A2 W003 R 30 000.00 2018/19

26101 45395 12120 0000 S1172A3 W003 R200 000.00 2018/19

26101 45385 12120 0000 S1172A4 W003 R200 000.00 2018/19

26101 45360 12120 0000 S1172A5 W003 R 10 000.00 2018/19

26101 45335 12120 0000 S1172A6 W003 R800 000.00 2018/19


1.10 BioTech Industry Support and Africa Convention in Durban (20/1/6/3):(Page 254: Economic Development and Planning Committee - Second Supplementary Agenda 2019-02-08)

Industrial support for the BioTech Sector and AfricaBio Stakeholder Association for 2019 and 2020 is being sought. Life Sciences and Agri-Processing sectors,also known as the biotechnology sectors, are two of Invest Durban’s priority sectors to attract new investment into the eThekwini Municipal area.

The BioAfrica Convention to be held in Durban is supported by eThekwini Municipality together with other stakeholders such as the Provincial Department of Education. The total cost of contribution by the City is R3 Million but the contribution for the 2018/19 is R400 000.00 (Four Hundred Thousand Rand), which will be deducted in the budget for the 2019/20 financial year to remain with a financial commitment of R2.6 Million.



1.10.1 That the Deputy City Manager: Economic Development and Planning be duly authorised to negotiate and conclude the BioAfrica Industrial Support & Convention Agreement, for signature by the City Manager.

1.10.2 That the Deputy City Manager: Economic Development and Planning be duly authorised to disburse funds for the BioAfrica Convention and industry support as outlined in the report by the City Manager dated 2019-01-22.

1.10.3 That the Deputy City Manager: Economic Development and Planning report on progress in both the Conventions’ contractual arrangements with AfricaBio NPC, plus the broader industrial and investment developments that are secured over the 3 year period.

1.10.4 That the Deputy Head: AgriBusiness be authorised by Council to also attend the same event, which is being staged in India, at no cost to Council.

FINANCIAL YEAR AMOUNT VOTE NUMBER

2018/19 R 400 000.00 91000.26105.10780.12120.38884.0010.000

2019/20 R2 600 000.00 91000.22710.10300.12120.35000-4.0010.000

2020/21 R3 000 000.00 91000.22710.10300.12120.35000-4.0010.000

FC No.: 2019/18/52ADOPTED.

1.11 Investment Promotions Sponsorships (20/1/7/3):(Page 261: Economic Development and Planning Committee - Second Supplementary Agenda 2019-02-08)

To fulfil its mandate, the Invest Durban Unit plans to support the 9 th Global Business Roundtable World Congress as well as the Global Market Place Summit and Expo. This is aimed at achieving the following strategic objectives:

● To undertake proactive and targeted promotion and marketing (investor outreach) in the form of investor targeting, destination and marketing and inward and outward missions.

● To promote and market Invest Durban brand and Durban as an investment destination (guided by a marketing and communications strategy) in target markets and via various events and channels.


1.11.1 That the Invest Durban Unit be duly authorised to disburse funds in the total amount of R300 000.00 (Three Hundred Thousand Rand) in sponsorship of the two events, namely, the 9th Global Business Roundtable World Congress 2019, a platform seeking to create a global platform for SMMEs, Corporates and government to access trade and investment opportunities in various sectors and, Global Market Place Summit, a networking and empowerment platform, as outlined in the report by the City Manager dated 2019-01-14.


1.11.2 That the Deputy City Manager: Economic Development and Planning report on progress on these initiatives alluded to in .1 above.

Event Amount Vote Number

9th Global Business Roundtable World Congress

R150 000.00 91000.26105.10780.12120.38884.0010.000

Global Market Place Summit and Expo R150 000.00 91000.26105.10780.12120.38884.0010.000

FC No: 2019/18/50ADOPTED.

1.12 Business Licensing Tariffs 2019/2020 (7/6/1/6):(Page 268: Economic Development and Planning Committee - Third Supplementary Agenda 2019-02-08)

With the Democratic Alliance abstaining at the Executive Committee level,


1.12.1 That all “Present Tariffs”, as reflected in Annexure A (Tariffs 2018/2019), attached to the report by the City Manager dated 2019-01-14, as imposed by the Municipality, be hereby rescinded with effect from 2019-06-30.

1.12.2 That subject to the adoption of .1 above, the ‘Proposed Tariffs, including VAT, as set out in Annexure A (Tariffs 2019/2020), attached to the report by the City Manager dated 2019-01-14, be adopted, to be implemented with effect from 2019-07-01.

1.12.3 That the City Manager implements the following:

(a) To display a copy of this resolution and the said tariff charges conspicuously:

(i) on the City Hall Notice Board, and(ii) at such other places within the Municipality as the City Manager may

determine.

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



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

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

(i) City Hall, West Street (Dr Pixley KaIsaka Seme Street), Durban(ii) ……………………………etc.


(c) The effective date for the implementation of the said tariff of charges is 2019-07-01.

(d) To seek to convey the information referred to in the said notice to the public on East Coast Radio and Ukhozi Radio; and

(e) To send a copy of the said notice to the Provincial Minister of Local Government.


Date: ………………………………ADOPTED, by the majority vote.

1.13 Review of Tariffs 2019/2020: Retail Markets and Informal Economy (76/1/6):(Page 273: Economic Development and Planning Committee - Third Supplementary Agenda 2019-02-08)

At the Economic Development Committee, Members of the Democratic Alliance (9) dissented on the proposal of a 0% increase in tariffs for Retail Markets and Informal Economy. They were of the view that traders are working under unfavorable conditions, and that current tariffs should be reviewed with the intent of decreasing said tariffs. Members of the African National Congress (18), Inkatha Freedom Party (2), Economic Freedom Fighters (1) and the Independent (1) supported the matter.

With members of the Democratic Alliance abstaining at the Executive Committee level,


1.13.1 That with effect from 2019-07-01, there will be zero percent (0%) increase in tariffs applicable to Retail Markets and Informal Economy, as set out in Annexure A of the report by the City Manager dated 2019-02-05.

1.13.2 That subject to the adoption of .1 above, the Head: Business Support, Tourism & Markets Unit proceed with negotiations of 2020/21 and 2021/22.

1.13.3 That subject to the adoption of .1 above, the City Manager be requested to comply with the provisions of Section 75A (3) and (4) of the Local Government: Municipal Systems Act No. 32 of 2000.ADOPTED.

1.14 Review of Tariffs: Itinerant Traders, Street Traders, Hive Sites and Containers (7/6/1/6):(Page 279: Economic Development and Planning Committee - Third Supplementary Agenda 2019-02-08)

Members of the Democratic Alliance dissented on the proposal of a 0% increase in tariffs for Itinerant Traders, Street Traders, Hive Sites and Containers. They were of the view that traders are working under unfavorable conditions and that the current tariffs should be reviewed with the intent of decreasing said tariffs. Members of the African National Congress (18), Inkatha Freedom Party (2), Economic Freedom Fighters (1) and the Independent (1) supported the matter.



1.14.1 That with effect from 2019-07-01, no increase in tariffs be applicable to Itinerant Traders, Street Traders, Hive Sites and Containers as set out in Annexure A to the report of the City Manager dated 2019-02-05.

1.14.2 That subject to the adoption of .1 above, the Head: Business Support, Tourism & Markets Unit proceed with negotiations of 2020/21 2021/22 and 2022/23.

1.14.3 That subject to the adoption of .1 above, the City Manager be directed to comply with provisions of Section 75A (3) and (4) of the Local Government: Municipal Systems Act No. 32 of 2000.ADOPTED.

1.15 Review of Tariffs: Bulk Fresh Produce Market (7/6/1/6):(Page 283: Economic Development and Planning Committee - Third Supplementary Agenda 2019-02-08)

Members of the Democratic Alliance (9) dissented on the proposal of a 0% increase in tariffs for Itinerant Traders, Street Traders, Hive Sites and Containers. They were of the view that traders are working under unfavorable conditions and that current tariffs should be reviewed with the intent of decreasing said tariffs. Members of the African National Congress (18), Inkatha Freedom Party (2), Economic Freedom Fighters (1) and the Independent (1) supported the matter.


1.15.1 That the Council of eThekwini Municipality resolve in terms of Section 75A of Local Government Municipal Systems Act of 2000 (Act of 2000) that with effect from 01 July 2019 the tariffs set out in Annexure “A” of the report of the Head: Business Support, Tourism and Markets dated 2019-01-09 be levied in respect of the Fresh Produce Market.

1.15.2 That the City Manager be requested to implement the following without delay:

(a) To display a copy of this resolution and the said tariff charges conspicuously:-


determine,

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

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

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






(i) City Hall, West Street (Dr Pixley KaIsaka Seme Street), Durban(i) ……………………………etc.



Date: ………………………………ADOPTED.

2. REPORT OF GOVERNANCE AND HUMAN RESOURCES COMMITTEE: MEETING HELD ON 2019-02-13

(Page R11)

2.1 Review of Tariffs: City Hall Hire: 2019/2020(BM/NM/7/6/1/4) : (Page 32: Governance and Human Resources Committee - Agenda 2019-02-13)

The tariff charges for the City Hall Main Auditorium are informed by different factors, including the duration of the event and event type. Therefore, there is no standard single rate. A schedule of tariffs is available for scrutiny which also comprises terms and conditions for the usage of the Main Auditorium. It is worth noting that, as per Council decision, the usage of Auditorium excludes social events but only accommodates events of a corporate nature.


2.1.1 That in terms of Section 75A of the Local Government Municipal System Act of 2000 (Act 32 of 2000), with effect from 2019-07-01 the tariffs set out in the report of the Head: City Administration dated 2019-01-30 be levied in respect of the Hire of City Hall.

2.1.2 That subject to the adoption of .1 above, the City Manager be requested to comply with the provisions of Section 75A (3) and (4) of the said Act with respect to public notices for tariff increases.ADOPTED.

2.2 Progress Report on Ward Committee Functionality (3/6/5) : (Page 44: Governance and Human Resources Committee - Agenda 2019-02-13)

Areas for improvements in the Ward Committee function are being acknowledged. The undertaking made to engage the Department of Co-operative Governance and Traditional Affairs is appreciated. This is aimed at clearly understanding their implementation of the Ward Committee functionality assessment tool. The concerns expressed that some of the Municipal officials do not attend Ward Committee meetings when invited by Ward Councillors have been noted. As such, the


intervention by the administrative and the political leadership would be made to ensure that Ward Committees are fully supported by the Municipal officials.

At the Governance and Human Resources Committee level some Councillors were not in support of the recommendations contained in the progress report. They felt that Ward Committees are not given adequate support.

The matter was therefore put to the vote. With 29 Councillors present, 18 ANC Councillors voted in support of the recommendations and ten (10) – DA Councillors and one (1) EFF Councillor voted against.

Members of the DA (03) voted against the report at the Executive Committee level. The ANC (05) and the IFP (01) supported the report, hence,


2.2.1 That the progress report on the functioning of Ward Committees, which reveals the following, be noted:

2.2.1.1 Fifty-two (52) Ward Committees have been declared functional in October 2018, out of 110 existing Ward Committees within the eThekwini Municipal area.

2.2.1.2 A Mid-Term review will be conducted which will focus on assisting Ward Committees which have been declared non-functional by the Co-operative Governance and Traditional Affairs (COGTA).

2.2.1.3 Ward Committee Empowerment Programme in the form of accredited Skills Development Programme, equivalent to NQF level 2, is underway with a total of Seven Hundred and Fifty Eight (758) Ward Committee Members having been trained to date.

2.2.1.4 Internal Ward Committee Empowerment Programme on Committee Administration is conducted on a quarterly basis, with the main focus having been on Portfolio Committees, lately, given the non-establishment and lack of understanding of their role in certain Wards.

2.2.1.5 Ward Committee visits have been conducted in certain Wards to support the Ward Committee function, it being recorded that all 110 Wards will eventually be visited but priority will be given to those Wards which have been declared non-functional by COGTA.

2.2.1.6 A Workshop for Ward Councillors on Ward Committee operations was held successfully on 2018-11-29 at Moses Mabhida Stadium focusing on (i) Understanding COGTA Assessment Tool, (ii) Unpacking the Significance of Community Meetings, (iii) Understanding the Content of Ward Committee Agendas being compiled by the Secretariat Department, (iv) Understanding the Process of Service Delivery Matters coming from Ward Committees, (v) Explaining the Role of Portfolio Committees serving under Ward Committees, and (vi) Unpacking the Development of Ward Operational Plans as per COGTA Requirements.

2.2.1.7 Commencing with the implementation of a previous resolution regarding the submission of Ward Committee matters to the relevant Council Portfolio Committees to achieve a good response time to these matters.


2.2.1.8 That given the lack of support of Ward Committees by some of the Municipal officials, incidents of non-attendance by Municipal officials when invited to Ward Committee meetings be reported to the relevant Deputy City Manager and to the Office of the Speaker to make the necessary intervention.NOTED, by the majority vote.

2.3 Request for Authority to Host the 20 th International Mathematics Competition in August 2019: (13/2/1/1/1) (Page 61: Governance and Human Resources Committee - Agenda 2019-02-13)

At the Governance and Human Resources Committee, 24 Councillors were present and 13 ANC Councillors voted in support of the recommendations and ten (10) - DA Councillors and one (1) EFF Councillor abstained.

On the issue of funding still to be secured, confirmation was given that discussions are underway with the Provincial Department of Education. Further, that this is a Private Public Sector Partnership.


2.3.1 That authority be granted for eThekwini Municipality through the EThekwini Municipal Academy to host, in partnership with the Association of Mathematics Education of South Africa, the 20th International Mathematics Competition scheduled to take place in Durban from 2019-08-01 to 2019-08-06 at an estimated total cost of R6 611 800.00 (Six Million Six Hundred and Eleven Thousand Eight Hundred Rand).

2.3.2 That subject to the adoption of .1 above, the estimated budget contribution of R1 000 000.00 (One Million Rand), be approved to fund the transportation, venue bookings, competition delegates packs for International Mathematics Competition, it being recorded that the event will also have the additional benefit of promoting the City as a tourist destination worldwide beyond creating an international platform to share best practice on the mathematics curriculum.

2.3.3 That subject to the approval of .2 above, authority be granted to the Head: EThekwini Municipal Academy, in liaison with the Special Projects Office, to source funding that will go towards the current shortfall of R5 611 800.00 (Five Million Six Hundred and Eleven Thousand Eight Hundred Rand) and that progress on funding secured be reported to the Governance and Human Resources Committee prior to any financial commitment by the Council.

2.3.4 That the Head: EThekwini Municipal Academy develop a programme to support the 2019/2020 hosting of the 20th International Mathematics Competition to ensure that the event is hosted successfully and roles and responsibilities between parties involved are well defined.ADOPTED.


2.4 Review of Tariffs for the Use of Sizakala Committee Rooms (7/6/1/4) : (Page 66: Governance and Human Resources Committee - Agenda 2019-02-13)


2.4.1 That approval be granted for the implementation of a 5% increase in tariffs for the use of Committee Rooms at various Sizakala Buildings with effect from 2019-07-01.

2.4.2 That subject to the adoption of .1 above, the City Manager be requested to comply with the provisions of Section 75A (3) and (4) of the Local Government: Municipal Systems Act No. 32 of 2000 with respect to displaying public notices for tariff increases.ADOPTED.

3. REVIEW AND AMENDMENT OF TARIFFS: REVENUE CLEARANCE CERTIFICATE FEE: 2019/2020 (7/6/1/5)

(Page 15)

Members of the Democratic Alliance expressed concerns at the delays encountered by the residents when requesting clearance certificates. For this reason, they voted against the tariff increase. The motivation contained in the report was supported by the African National Congress and the Inkatha Freedom Party, hence,


3.1 That the Council of eThekwini Municipality resolve in terms of Section 75A of Local Government Municipal Systems Act of 2000 (Act of 2000) that with effect from 01 July 2019 the tariffs set out in Annexure “A” of the report of the City Manager dated 2018-12-20 be levied in respect of the Revenue Clearance Certificate.

3.2 That the new manual tariff as depicted in Annexure “A” be implemented following the month once the new system used by conveyancers to apply for Revenue Clearance Certificates has been implemented.

3.3 That the current manual tariff as depicted in Annexure “A” be cancelled following the month once the new system used by conveyancers to apply for Revenue Clearance Certificates has been implemented.

3.4 That the City Manager be requested to implement the following without delay:



determine.

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


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






(i) City Hall, Dr Pixley KaIsaka Seme Street (Former West Street), Durban

(i) ……………………………etc.




4. VALUATION ROLL TARIFFS: 2019/2020 FINANCIAL YEAR (7/6/1/5)

(Page 20)


4.1 That the Council of eThekwini Municipality resolves in terms of Section 75A of the Local Government Municipal Systems Act No. 32 of 2000, that with effect from 01 July 2019 the tariffs set out in Annexure “A” contained in the report of the City Manager dated 2019-01-28 be levied in respect of the Valuation Roll.

4.2 That the City Manager be requested to comply with the provisions of Section 75A (3) and (4) of the Municipal Systems Act:

(a) To display a copy of this resolution and the said tariff charges conspicuously:-


determine,

(b) To seek to convey the information referred to in the said notice to the public through the relevant media platforms,



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




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

(i) City Hall, Dr Pixley KaIsaka Seme Street (Former West Street), Durban

(i) ……………………………etc.




5. UTILISATION OF SECTION 116(3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT TO AMEND CONTRACT FOR THE PROVISION OF REFUSE COLLECTION, STREET SWEEPING AND LITTER PICKING IN THE NORTH AND NORTHERN CENTRAL REGIONS (24/2/1 & 7/14/1)

(Page 27)

During consideration of the matter, it was acknowledged that major interventions are required to address the issue of refuse collection within the City of eThekwini and the contracts related thereto. Currently, a number of areas are receiving poor service in this regard. On the other hand, the Department is facing some challenges with increased demand for the service and other related matters.

The matter is receiving attention and essential services are being workshopped. The possibility of achieving effective integration is being explored. Feedback report on measures to be implemented to address refuse collection matters would be submitted to the Executive Committee where a clearly-defined plan would be put in place.

Meanwhile, it is critical to ensure service delivery to the residents of eThekwini, hence, the submission before Council to approve the inclusion of the contracts for Co-operatives to provide refuse collection services in the households of Inanda; Ntuzuma and KwaMashu. Council at its December 2018 meeting approved additional budget for the six-month period ending June 2019. The submission under


discussion is now formalizing the inclusion of the budget for the other financial years 2019/20 and 2020/21 to ensure final inclusion of this contract in the 3-year budget.

Members of the Democratic Alliance (03) and the Inkatha Freedom Party (01) voted against the proposed contract amendment. They were of the view that a thorough investigation is required in the operations of Cleansing and Solid Waste.

Members of the African National Congress felt that the residents concerned could not be deprived of the refuse collection service. Further, that the approach is aimed at making provisions for the 3-year period. The measures in place to address refuse collection issues were also appreciated and hence the support of the direction being taken by the Department.

Accordingly, by the majority vote,


5.1 That Council notes the intention to amend, in terms of Section 116(3) of the Municipal Finance Management Act No. 56 of 2003, Contract No. WS.6996 to make provision for refuse collection; street sweeping; and litter picking to the Sixty Four Thousand (64 000) households situated in the North and Northern Central Regions, in the amount of R42 078 960 (Forty Two Million and Seventy Eight Thousand Nine Hundred and Sixty Rand), which households were erroneously excluded from the Contract.

5.2 That subject to .1 above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendments of Contract No. WS.6996, in line with the requirements of Section 116 (3) of the Municipal Finance Management Act (MFMA), and thereafter the commencement of the Bid Adjudication process on the matter.

Financial Implications (excluding VAT)(i) The authorised contract value is as follows:

Contract Number

Original Contract Sum

(excl. VAT)

Contingency and Escalation

(excl. VAT)

Original Contract

Period

Additional Funds Obtained via SW2018/026

Required Funds

SW2019/002

Revised Contract Amount

WS.6996 R65 934 567.92 R61 352 877.18 01-11-2018 to 31-10-2021

R8 766 450.00 R42 078 960.00 R133 129 855.10

(ii) Anticipated financial implications has been calculated as follows:Contract Number Cost Estimate

2019/2020 R17 532 900.00

2020/2021 R18 409 545.00

2021/2022 R6 136 515.00

Amount: R42 078 960.00 (excl. VAT) FC No.: 19/366/17Vote No.: 79285.10810.11.13000.0000.MRC01.001ADOPTED, by the majority vote.


6. UPDATE ON REQUEST FOR PROPOSALS TO BORROW R1.0 BILLION FOR CAPITAL PROJECTS (7/3/1/1/2)

(Page 33)

As per the statutory requirement, an update is being provided on the proposal to borrow a R1.0 Billion Rand loan for capital projects, as adopted in principle by Council. The attention is drawn to the fact that the submission is still outlining progress made but that Council will exercise responsible leadership in terms of assessing the capital budget spent as at the end of the financial year to determine the need to proceed with the loan.

Some Members reiterated their position that the loan is not required since the capital budget spent is progressing at a slow pace. Accordingly, the Members of the DA (03) and the IFP (01) voted against this update.

Members of the African National Congress were pleased that responsible measures are being taken to assess the financial environment of the Municipality and that Council would arrive at a final decision once all critical factors have been taken into consideration. For this reason, they supported the update.

Accordingly,


6.1 That Council notes an update on the in-principle approval to raise long term debt finance for capital projects of R1 Billion Rand at a fixed interest rate for a tenor of fifteen (15) years, as approved in the medium term budget, and that the preferred lender after advertising a request for proposals is Nedbank Limited.

6.2 That authority be granted to the Deputy City Manager: Finance, in consultation with the Acting Head: Legal and Compliance, to engage in discussions with Nedbank Limited to agree, in principle, upon the final terms of the loan agreement, for approval by the Council in accordance with Section 46(2) of the Local Government: Municipal Finance Management Act No. 56 of 2003.

6.3 That subject to the adoption of .1 and .2 above, written comments or representations from public, National Treasury and the relevant Provincial Treasury to the Council be sought.ADOPTED, by the majority vote.

7. REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF DECEMBER 2018 (9/1/3)

(Page 117)

It was noted that a report on consequence management was still awaited for the City to hold officials accountable for irregular, fruitless and wasteful expenditure.


7.1 That the public tender awards made by the City for the month of December 2018, inclusive of awards made in terms of Section 36 of the Supply Chain Management Regulations, as contained in the report by the City Manager dated 2019-01-21, be noted.


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

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

7.4 That the City Manager shall table a report to the Committee relative to the disciplinary, criminal and recovery actions taken, it being recorded that the City Manager can only respond when the reports are available. Recommendations 7.1 and 7.2 NOTED and Recommendations 7.3 and 7.4 ADOPTED.

2. SECOND REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2019-02-26

_____________

1. REPORT OF COMMUNITY SERVICES COMMITTEE: MEETING HELD 2019-02-14

(Page R15)

1.1 Request for Project Authority: Incorporation of Mazisi Kunene Museum under eThekwini Municipality (35/2/1/1/1):(Page 12: Community Services Committee - Agenda 2019-02-07)

The Community Services Committee is in agreement that the financial implications associated with the incorporation project referred to above will be submitted at a future meeting where specifics will be discussed including the commencement date of the incorporation of the Museum under the Municipality.

Accordingly,


1.1.1 That authority be granted for the Head: Parks, Recreation and Culture, in liaison with the Real Estate Unit, to conclude engagements with the family of Mr Mazisi Kunene and relevant stakeholders in order to incorporate the Mazisi Kunene Museum under eThekwini Municipality.

1.1.2 That subject to the approval of .1 above, it be recorded that such engagement shall be on the basis of a nominal lease agreement in accordance with the City’s relevant laws and regulations.

1.1.3 That subject to the approval of .1 above, the Head: Parks, Recreation and Culture submit an update report that will detail financial implications, once engagements with Mr Mazisi Kunene family and other relevant stakeholders have been concluded.ADOPTED.

1.2 Amended Funding from KwaZulu-Natal Department of Arts and Culture (7/4/2):


(Page 111: Community Services Committee - Supplementary Agenda 2019-02-14)

The Community Services Committee recalled that at its meeting held on 2016-12-12, a receipt of funds in the form of grants totaling approximately R121 786 000.00 (One Hundred and Twenty One Million Seven Hundred and Eighty Six Thousand Rand for the libraries and museums operations in the year 2018/2019 was approved. Members are now being appraised of the amendment being made to the amount that was received.

Accordingly,


That Council approves the receipt of the reduced grant funding from R121 786 000.00 (One Hundred and Twenty One Million Seven Hundred and Eighty Six Thousand Rand) to a total of R87 212 000.00 (Eighty Seven Million Two Hundred and Twelve Thousand Rand), which grant comes from the KwaZulu-Natal Department of Arts and Culture to eThekwini Municipality for the libraries and museums operations.

New Grant Funding for 2018/2019:

Section Financial Year 2018/19

Libraries (Provincialisation) R75 420 000

Libraries (Community Libraries Services Grants) R 6 695 000

Museums R 5 097 000

TOTAL R87 212 000

ADOPTED.

1.3 Request for Authority: Exchange of Birds: Umgeni Bird Park (31/1/1/1):(Page 151: Community Services Committee - Second Supplementary Agenda 2019-02-14)


1.3.1 That authority be granted for the Head: Parks, Recreation and Culture to exchange one male Toco Toucan from the Umgeni Bird Park worth R50 000.00 (Fifty Thousand Rand) with a female Toco Toucan from the Amazona Bird Farm in an effort to reduce the number of birds in excess of its carrying capacity and prevent inbreeding.

1.3.2 That subject to .1 above, authority be granted to the Parks, Recreation and Culture Unit to exchange and release the birds to the Bird Parks upon the production of the necessary possession and transportation permits.

1.3.3 That authority be granted for the Umgeni Bird Park to receive the exchanged birds upon obtaining the necessary permits.ADOPTED.


1.4 Request for Authority: Sale of Excess Birds: Umgeni Bird Park (31/1/1/1):(Page 154: Community Services Committee – Second Supplementary Agenda 2019-02-14)


1.4.1 That authority be granted to the Head: Parks, Recreation and Culture to sell and release excess birds valued at R172 400.00 (One Hundred and Seventy Two Thousand Four Hundred Rand) from Umgeni Bird Park to various Bird Parks in an effort to reduce the number of birds in excess of its carrying capacity and prevent inbreeding.

1.4.2 That authority be granted to the Head: Parks, Recreation and Culture to sell and release birds to potential buyers upon the production of the necessary possession and transportation permits.

1.4.3 That proceeds from the sale of birds be utilised to purchase additional birds that are required at Umgeni Bird Park.ADOPTED.

1.5 Transfer of Umngeni River Bird Park Management Function from Top Administration Services (Pty) Ltd to Parks, Leisure and Cemeteries Department (31/1/1/1):(Page 160: Community Services Committee - Second Supplementary Agenda 2019-02-14)


1.5.1 That authority be granted to the Head: Parks, Recreation and Culture to facilitate the transfer of Umngeni River Bird Park management function from Top Administration Services (Pty) Ltd to the Parks, Recreation and Culture Unit.

1.5.2 That subject to the approval of .1 above, authority be granted for the amalgamation of Umngeni River Bird Park and Mitchell Park Zoo and that reporting be facilitated by the Natural Resources and Special Services Branch of the Parks, Leisure and Cemeteries Department.

1.5.3 That subject to the approval of .1 and .2 above, the effective date of the transfer and the amalgamation be 2019-03-01, soon after the expiry date of the existing contract which is 2019-02-28.ADOPTED.

1.6 Approval of Tariffs: 2019/2020 for the Parks, Recreation and Culture Unit (7/6/1/3):(Page 197: Community Services Committee – Second Supplementary Agenda 2019-02-14)

At the Community Services Committee the Democratic Alliance and the Democratic Liberal Congress voted against the tariffs recommended. At the Executive Committee meeting, the Executive Committee Members De Boer and Mthethwa requested that their dissenting votes be recorded.

Accordingly, with the majority being in agreement,




1.6.2 That subject to the adoption of .1 above, the ‘Proposed Tariffs, including VAT, as set out in Annexure A (Tariffs 2019/2020), attached to the report by the City Manager dated 2019-02-14, be adopted and be implemented with effect from 2019-07-01.




determine.






(i) City Hall, Dr Pixley kaIsaka Seme Street (West Street), Durban(ii) ……………………………etc.






1.7 Approval of Tariffs: 2019/2020 for Health Unit (7/6/1/3):(Page 119: Community Services Committee – Second Supplementary Agenda 2019-02-14)

At the Community Services Committee the Democratic Alliance and the Democratic Liberal Congress voted against the tariffs imposed for the Health Unit as they were


of the opinion that the Unit was not being properly managed. Also, expressed concern regarding the challenges resulting in the non-submission of reports that were repeatedly requested by the Committee.

At the Executive Committee meeting, the Executive Committee Members De Boer and Mthethwa requested that their dissenting votes be recorded.

Accordingly, with the majority being in agreement,



1.7.2 That subject to the adoption of .1 above, the ‘Proposed Tariffs, including VAT, as set out in Annexure A (Tariffs 2019/2020), attached to the report by the City Manager dated 2019-02-14, be adopted and be implemented with effect from 2019-07-01.




determine.




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






…………………………………….CITY MANAGER




2. REPORT OF SECURITY AND EMERGENCY SERVICES: MEETING HELD 2019-02-20

(Page R21)

2.1 Fire and Emergency Services Tariffs 2019/20 Financial Year (7/6/1/2):(Page 108: Security and Emergency Services - Agenda 2019-02-20)







determine.










…………………………………….


CITY MANAGERETHEKWINI MUNICIPALITY


2.2 Request to Transfer Funds from Office of Deputy City Manager: Community and Emergency Services to Metro Police (7/1/3/2):(Page 145: Security and Emergency Services - Agenda 2019-02-20)


2.2.1 That Council approves the transfer of the amount of R491 385.00 (Four Hundred and Ninety One Thousand Three Hundred and Eighty Five Rand) from the Office of the Deputy City Manager: Community and Emergency Services to the Metro Police Unit, which will be utilized for the implementation of Social Policing as part of the Municipality’s Social Development Strategy.

2.2.2 That authority be granted to the Head: Metro Police to utilize the transferred funds in line with the developed programmes as outlined in the City Manager’s report dated 2019-01-30 and to provide feedback reports to the administrative leadership and the political leadership for noting, input and guidance.ADOPTED.

2.3 Durban Metropolitan Police Service Tariffs 2019/2020:(Page 150: Security and Emergency Services - Agenda 2019-02-20)







determine.













2.4 Disaster Management and Emergency Control Unit Tariffs for 2019/20 Financial Year:(Page L9: Security and Emergency Services - Agenda 2019-02-20)







determine.





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








3. REPORT OF HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD 2019-02-25

(Page L12)

3.1 Request for Authority to Register Servitude for Riet River Sewer Reticulator Ward 102: WS.2018/222 (23/2/1/3/5/1): (Page 1: Human Settlements and Infrastructure Committee - Agenda 2019-02-25)


That authority be granted to the Head: Real Estate to acquire by private treaty or expropriation of the land servitude for the construction of the sewer reticulation to service the Riet River area in Ottawa.

Project No.: Y8139 R400 000.00 (Provided in the 2019/2020 financial year)FC No.: 365/C138ADOPTED.

3.2 Request for Authority to Transfer Funds to Project No. X6303: Mkhizwana Treatment Works: for the Increased Capacity and Associated Electrical Works (23/1/11/3):(Page 6: Human Settlements and Infrastructure Committee - Agenda 2019-02-25)



3.2.1 That authority be granted to transfer funds to project No X6306 : Mkhizwana Treatment Works : for the increased capacity and associated electrical works identified in the approved 2019/2020 and 2020/2021 of eThekwini Water and Sanitation capital budget through an adjustment budget to utilize the budget of the project identified (X5906 : PRV Installations) to have surplus funding of which has been allocated in the 2019/2020 and 2020/2021 to relocate these funds to Mkhizwana Water Treatment Works where an additional funding will be required to ensure continuity and completion of the contract.


3.2.2 That subject to the approval of .1 above, authority be granted to the Deputy City Manager: Treasury to include in his Adjustments Budget report, the transfer of funds from the project where savings have been identified to the project as listed in the table below in the 2019/2020 and 2020/2021 financial years:

Project No.

Description Funding Required in 2019/2020

Project No.

Funding Provided form Project

Surplus Funding 2019/2020

X6306 Mkhizwana WTW

R16 440 000.00 X5906 PRV Installation R15 440 000.00

Project No.


Project No.

Funding Provided form Project


X6306 Mkhizwana WTW

R1 000 000.00 X5906 PRV Installation R1 000 000.00

Total Funds required in 2019/2020 and 2020/2021 financial years

R17 440 000.00 Total Funds required in 2019/2020 and 2020/2021 financial years

R17 440 000.00

ADOPTED.

3.3 Request for Authority to Transfer Funds to M&E Plant and Equipment Budget for Procurement of Mobile Generators Via Section 32 of the SCM Regulations: WS2018/203 (23/1/12 & 9/1/3)(Page 11: Human Settlements and Infrastructure Committee - Agenda 2019-02-25)


3.3.1 That authority be granted for the transfer of funds from the following projects to the M&E Plant and Equipment budget for the procurement of mobile generators:

Y8155B Western Area Pump Station New Pumps and Upgrades R3 000 000.00Y8153-1 Southern Area Pump Station New R5 000 000.00Y6239 Wastewater Treatment Works Upgrades R1 100 000.00Y6238B Pump Station Reticulation R1 800 000.00Y6542B Canelands 3 Rising Main River Crossing Rehabilitation R2 000 000.00Y7628A Cato Ridge Trunk Sewer R 720 000.00

Totaling R13 620 000.00 (Thirteen Million Six Hundred and Twenty Thousand Rand) (Excl. VAT) to the M&E Plant and Equipment.

3.3.2 That subject to the approval of .1 above, authority be granted to the Deputy City Manager: Treasury to include in his Adjustment Budget Report, the transfer of funds as detailed in .1 above.

Vote No.: 62510.44350.11400.0000.PC8400.0010 FC No. 365/C129R13 620 000.00 (excluding VAT) (provided in the 2018/2019)ADOPTED.


3.4 Request for Authority to Acquire by Means of Private Treaty, Acquisition and/or Expropriation of Land/Servitudes Required for Amanzimtoti Station: Replacement of Water Reticulation Mains - WS 2018/261 (Page 94: Human Settlements and Infrastructure Committee - Agenda 2019-02-25)


3.4.1 That authority be granted to the Head: Real Estate to acquire by means of private treaty, acquisition and/or expropriation of the land/servitudes required for the Amanzimtoti Station: Replacement of Water Reticulation Mains listed in the table below:

Description

Erf 2138 Amanzimtoti

Erf 2959 Amanzimtoti

3.4.2 That subject to the adoption of .1 above, authority be granted to the Head: Real Estate to deviate from the Supply Chain Management Regulations and negotiate for the acquisitions of the Municipality’s requirements, utilizing Regulation 36(1)(a)(ii) of the Supply Chain Management Regulations.

3.4.3 That subject to the adoption of .2 above and the approval of the Bid Adjudication Committee pursuant to successful negotiations, authority be granted to the Head : Real Estate to sign the relevant agreements and all documents necessary to effect transfer of the Municipality’s requirements, and

3.4.4 That the City Manager records the reasons for any deviations and provide reports thereon to the next meeting of Council and include them as a note to the Annual Financial statements in terms of Section 36(2) of the Supply Chain Management Regulations.

Cost Centre: 69200

Project No.: 8078 Funding for the 2018/2019 and 2019/2020 and 2020/2021 financial year will be provided in X8078: Amanzimtoti Station: Replacement of Water Reticulation Mains.

ADOPTED.

3.5 Request for Authority to Transfer Funds To Project No. X7201: Maphephetheni Trunkmain: Construction of a 200mm Pipeline from Maphephetheni WTW to Maphephetheni Water Pump Station, Ward 08: WS 2019 (Page 100: Human Settlements and Infrastructure Committee - Agenda 2019-02-25)


3.5.1 That authority be granted to transfer funds to project No. X7207: Maphephetheni Trunkmain: Construction of a 200mm pipeline from Maphephetheni WTW to Maphephetheni Water Pump Station identified in the approved 2019/2020 of eThekwini Water and Sanitation to utilise the budget of the project identified (X5906: PVR Installation) to have a surplus funding allocated in the 2019/2020 financial year and reallocate these funds to Maphephetheni Trunkmain where additional funding will be required to ensure continuity and completion of the contract.


3.5.2 That subject to approval of .1 above, authority be granted to the Deputy City Manager: Finance to include in his Adjustment Budget report, the transfer of funds from the project where savings have been identified to the projects (as listed below) in the 2019/2020 financial year:

Project No.


Project No.

Funding Provided From Project


X7202 Maphephetheni Trunkmain

R3402733.00 X5906 PRV Installation

R3 402 733.00

Total Funds required in 2019/2020 Financial year

R3402733.00 Total Funds required in 2019/2020 financial year

R3 402 733.00

FC No.: 364/C168ADOPTED.

3.6 Request for Authority to Enter into Memorandum of Understanding with South African Weather Service (20/1/6/1):(Page 105: Human Settlements and Infrastructure Committee - Agenda 2019-02-25)


3.6.1 That authority be granted for eThekwini Municipality to enter into a Memorandum of Understanding (MOU) with the South African Weather Service to supplement Forecast Early Warning System in an effort to improve how the Municipality actively deals with disasters and to reduce the risk to lives and infrastructure.

3.6.2 That subject to the approval of .1 above, authority be granted to the City Manager to sign the MOU with the South African Weather Service on behalf of eThekwini Municipality.ADOPTED.

3.7 Request for Authority to Enter Into Memorandum of Understanding with Council of Scientific and Industrial Research (20/1/6/1): (Page 117: Human Settlements and Infrastructure Committee - Agenda 2019-02-25)


3.7.1 That authority be granted for eThekwini Municipality to enter into a Memorandum of Understanding (MOU) with the Council of Scientific and Industrial Research (CSIR) to supplement the Forecast Early Warning System to manage the impact of coastal disasters and provide research opportunities on climate change and coastal patterns affecting the City and its people.

3.7.2 That subject to the approval of .1 above, authority be granted to the City Manager to sign the MOU with the CSIR on behalf of eThekwini Municipality.ADOPTED.


3.8 Zibambele Poverty Alleviation Programme (4/5/5/3):(Page 129: Human Settlements and Infrastructure Committee - Agenda 2019-02-25)

At the Human Settlements and Infrastructure Committee meeting, discussion ensued around the issue of beneficiaries being limited to five (5) consecutive one-year contracts wherein the Committee requested that the recommendation on the limitation clause be removed. Also, suggested that the cut-off age of beneficiaries be limited to 64 years rather than the age of 65 years. Concerns were expressed that most Councillors have not been properly consulted by the relevant Officials on issues relating to the selection criteria for the Zibambele beneficiaries.


3.8.1 That an additional amount of R13 523 012.00 (Thirteen Million Five Hundred and Twenty Three Thousand and Twelve Rand), per annum, be sourced for the employment of one thousand and ten (1010) beneficiaries and twenty (20) overseers under Zibambele Poverty Alleviation Programme.

3.8.2 That, subject to the adoption of .1 above, the cut off age of beneficiaries be limited to 64 years, which would reduce the health and safety risk to Council and provide the opportunity of meeting the target of providing employment to the youth which is set at 55% for Extended Public Works Programme.

3.8.3 That authority be granted to the Head: Engineering to ensure that all Councillors are consulted on matters relating to the selection criteria for beneficiaries under the Zibambele Poverty Alleviation Programme. ADOPTED, by the majority vote.

3.9 Review of Tariffs: Roads and Storm Water Maintenance: 2019/2020: (FILE REF. 7/6/1/2): (Page 165: Human Settlements and Infrastructure Committee - Agenda 2019-02-25)


3.9.1 That tariffs applicable to the eThekwini Municipality’s: Hardening and Reinstatement of footways, Storm water Disposal, and Channel Crossing be amended as reflected in the Annexures of the report of the Head: Engineering Unit dated: 2019-01-28.


(a) To display a copy of this resolution and the said tariff of charges conspicuously:

(i) On the City Hall Notice Board, and(ii) At such other places within the Municipality as the City Manager may

determine,

(b) To publish in the Ezasegagasini Metro a notice in the following form:



Notice is hereby given that:

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

(b) A copy of the said resolution and annexed tariff of charges is available for inspection at:

(i) City Hall, Dr Pixley KaIsaka Seme Street, (West Street), Durban(ii) ………………………….etc.






3.10 Proposed Alienation of Land in Freehold by Private Treaty for Educational Purpose: Erven 689 & 690 Siphumelele, KwaDabeka (17/2/1/2/3): (Page 191: Human Settlements and Infrastructure Committee - Agenda 2019-02-25)


3.10.1 That the Municipality declares in terms of Section 14(2)(a)(b) of the Municipal Finance Management Act no. 56 of 2003:

3.10.1.1 That the properties described as Portions Erven 689 and 690 are not required for the provision of minimum level of basic Municipal Services, and

3.10.1.2 That the market value of the land is currently assessed at a value of R1 300 000.00 (One Million Three Hundred Thousand Rand), exclusive of VAT, the community and economic value to be received has been considered.

3.10.2 That in terms of Section 40(2(b)(i) of the Municipal Supply Chain Management Policy read together with Regulation 20(1)(f)(i) of the Municipal Assets Transfer Regulations Erven 689 & 690 Siphumelele Registration Division FT in the Province of KwaZulu-Natal in extent approximately 3.9521 Hectares depicted on Plan number SJ 4701/1, be sold in freehold by private treaty to the Provincial Government of the KwaZulu-Natal at a price of R1 300 000.00 (One Million Three Hundred Thousand Rand) exclusive of VAT, such purchase price reflecting the market value of the land as assessed by a registered valuer.


3.10.3 That in the event of the alienation not being finalised within (06) months from the date of Council authority being granted, the Head: Real Estate be authorised to review the upset price in line with current value of the property where there has been a change in market value.

3.10.4 That subject to the adoption of .1 to .3 above and the approval of the Bid Adjudication Committee (BAC), the Head: Real Estate be authorised to sign all documents necessary to conclude the sale.ADOPTED.

3.11 Proposed Sale of Land: Erven 1333 & 1332 Both of KwaMashu - F to Berea Church of Christian Brethren Represented Herein by the South African Evangelization and Missionary Trust (17/2/1/2/3):(Page 312: Human Settlements and Infrastructure Committee - Agenda 2019-02-25)


3.11.1 The Municipality declares in terms of Section 14(2) (a) (b) of the Municipal Finance Management Act 56 of 2003:

3.11.1.1 That the properties described as portion Erven 1333 and Erven 1332 are not needed to provide the minimum level of basic Municipal services; and

3.11.1.2 That the current market value of the land, the community and economic values to be received have been considered.

3.11.2 That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations:-

● Erf 1332 KwaMashu-F, Registration Division FT, Province of KwaZulu-Natal in extent 905m² as depicted on SJ 4566/6 and SG 1109/1997, be sold at the purchase price of R140 000.00 (One Hundred and Forty Thousand Rand) exclusive of VAT, and

● Erf 1333 KwaMashu-F, Registration Division FT, Province of KwaZulu-Natal in extent 265m² as depicted on SJ 4622/9 and SG 1109/1997, be sold at the purchase price of R45 000.00 (Forty Five Thousand Rand) exclusive of VAT, respectively, be sold by private treaty to Berea Church of Christian Brethren herein represented by South African Evangelization and Missionary Trust, subject to the terms and Conditions of Agreement No 7339.

3.11.3 That authority be granted to the Bid Adjudication Committee to consider a report to deviate from the procurement process in order to formally sell Erven 1333 &1332 KwaMashu-F to The South African Evangelization and Missionary Trust, in terms of Section 36(1)(a)(v) of the Supply Chain Management Regulations.

3.11.4 That in the event of objections being lodged to the proposed sale when it is statutorily advertised, the matter be referred to the Accounting Officer for a final decision in terms of that Section 50 of the Supply Chain Management Policy headed “Resolutions of Disputes, Objections Complaints and Queries.”


3.11.5 That the City Manager records the reasons for any deviation and reports it to the next meeting of the Council and includes it as a note to the annual financial statements in terms of Section 36(2) of the Municipal Supply Chain Management Regulations.

3.11.6 That subject to the adoption of paragraphs .1 - .5 above, the Head: Real Estate be authorised to sign all the documentation necessary to give effect to the transaction.ADOPTED.

3.12 Review of Tariffs: Human Settlements Administration:(Page 339: Human Settlements and Infrastructure Committee - Agenda 2019-02-25)


3.12.1 That Council in terms of Section 75A of Local Government Municipality Systems Act of 2000 (Act 32 of 2000) approve effectively the tariffs relating to administration as set out in Annexure A of the report of the Head: Human Settlements Unit from 1 July 2019.

3.12.2 That the City Manager comply with the requirements of Section 75A of Local Government Municipality System Act 2000 (Act 32 of 2000) as follows:

(a) To display copy of this resolution and the said tariff of charges conspicuously:

(i) On the City Hall Notice Board(ii) At such other places within the Municipality as the City Manager may

determine:

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

(c) A copy of the said resolution and annexed tariffs of charges is available for inspection at City Hall, West Street, Durban.

Item Present Tariffs Excluding VAT

Proposed Tariffs

Excluding VAT

Proposed Tariffs

including VAT

% Increase

Sub- letting Fees 200.00 206.00 236.90 3%

Cancellation of Sale 368.42 379.47 436.39 3%

Administration fee Debt collect

87.42 87.72 100.00 0%

Housing Administration consent fee: Consent waiver Admin fees

209.20 213.38 245.39 5%

3.13 Approval of Roads Policy (25/4/P):(Page L10: Human Settlements and Infrastructure Committee - Agenda 2019-02-25)


3.13.1 That the Roads Policy of eThekwini Municipality aimed to manage all aspects of the Municipality’s road infrastructure as contained in the report of the Head : Engineering dated 2018-08-26, be approved.


3.13.2 That subject to the approval of .1 above, authority be granted to the Head : Engineering to implement the Roads Policy of eThekwini Municipality.

3.13.3 That it be noted that the Roads Policy will be reviewed on an annual basis by the Human Settlements and Infrastructure Committee.ADOPTED.

3.14 Request for Approval: Update of the Household Count Figure (11/2/1):(Page L11: Human Settlements and Infrastructure Committee - Agenda 2019-02-25)

The Human Settlements and Infrastructure Committee was advised of the current household count for the Municipality based on an aerial survey conducted by the Municipality in year 2011. It was advised that the figure of 945 910 households has not been updated since 2011 due to various operational constraints. This count, therefore does not take into account changes in the population density and migration into the Municipality since 2011. As a result of the audit findings from the Auditor General, and the need to update the figure, authority is being sought to use the household count of 1 125 767 households based on the Statistics South Africa Community Survey 2016; as updated household count for the Municipality.

On that basis,


3.14.1 That authority be granted for the household count of eThekwini Municipality to be updated to 1 125 767 households as from January 2019, it being recorded that the number was based on the 2016 Statistics South Africa Community Survey.

3.14.2 That the figure as contained in .1 above and/or any Statistics South Africa updated figure, be utilised with uniformity by all Units in the Municipality, until such time a new household count is determined and submitted to Council for approval.

3.14.4 That the revised household counts be incorporated into the Integrated Development Plan (IDP) and the Service Delivery Budget Implementation Plan (SDBIP) for the 2018/2019 financial year, in line with the relevant processes.ADOPTED.

4. TOWNSHIP ECONOMY: MIDWAY CROSSING MALL DEVELOPMENT (26/3/2/3)

(Page 1)

Whilst being in support of the initiative some members of the Executive Committee sought clarity on the partnership with a private company. It was clarified that the issue of deviation from the contract and appointment of a company was a Supply Chain Management issue and Council was precluded from participating.

Accordingly,


4.1 That progress report on the development of the Dumisani Makhaye node, with specific reference to the GO! Durban Municipality facility, be noted.

4.2 That Council be authorized to register a permanent servitude over Erf 2342 Westrich.


4.3 That authority be granted for the construction of the extension of the Newlands Expressway and develop the GO! Durban Feeder Facilities and Support Infrastructure including Municipal Sizakala Centre Facilities.

4.4 That authority be granted to the Head: Economic Development and Planning to contribute R89 000 000.00 (Eighty Nine Million Rand) towards the development of the node.

4.5 That authority be granted to the Head: EThekwini Transport Authority to contribute R203 800 000. 00 (Two Hundred and Three Million and Eight Hundred Thousand Rand) for the development of the GO! Durban Feeder Facilities and Support Infrastructure.

4.6 That authority be granted for the Head: Catalytic Projects to contribute R41 400 000.00 (Forty One Million and Four Hundred Thousand Rand) for the Municipal infrastructure.

4.7 That authority be granted for the Head: Sizakala Centre to contribute R2 500 000.00 (Two Million and Five Hundred Thousand Rand) for the internal fit-out requirements.

4.8 That authority be granted for the Head: Economic Development to contribute R4 600 000.00 (Four Million and Six Hundred Thousand Rand) towards the relocation of a water-main pipe.

B.U Item No. Fund Costing

Project Region Proposed Expenditure

Financial year

FC No.

26101 45105 51040 0000 S1010 W037 50 000 000 2019/20 2019/18/CA46

26101 45105 51040 0000 S1010 W037 19 000 000 2020/21 2019/18/CA46

26101 45105 51040 0000 S1010 W037 20 000 000 2020/21 2019/18/CA51

26101 42940 12120 0000 S1117 W037 4 696 521 2018/19 2019/18/CA26

26810 45010 91104 0000 S6012CZI 0010 30 000 000 2019/20 2019/07/CA02

26810 45010 51120 0000 S6010D 0010 366 000 2019/20 2019/07/CA02

26810 45010 91104 0000 S6012CZI 0010 11 000 000 2020/21 2019/07/CA02

32501 45350 12120 0000 R1071 W011 2 500 000 2020/21 2019/29/CA12

P8528 55100.18000 51160 0000 P8528 R003 103 000 000 2018/19 2019/50/C016

P8528 55100.18000 51160 0000 P8528 R003 100 828 000 2019/20 2019/50/C016

ADOPTED, by the majority vote.

5. REPORT ON INVESTMENTS FOR THE PERIOD ENDING 31 JANUARY 2019 (7/11/4)(Page 20)


That the report on investments for the eThekwini Municipality as at 2019-01-31, which records the total funds invested at financial at an average rate of return on investments of 8.05%, as submitted by the City Manager in line with the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.NOTED.


6. ADOPTION OF ETHEKWINI MUNICIPALITY COUNCIL’S TERMS OF REFERENCE DOCUMENT (3/2/1)

(Page 30)

With Executive Committee Members De Boer and Mthethwa of the Democratic Alliance abstaining,


6.1 That the eThekwini Municipality Terms of Reference and Delegations Document, (Part ‘A’ Council Terms of Reference and Part ‘B’ eThekwini Municipality: Uniform Standing Procedure, 2013), as reflected in the report of the City Manager dated 2019-02-05 be adopted, it being recorded that the following amendments were made to the document:

6.1.1 The Terms of Reference for SPLUMA Appeals Authority (as approved by Council on 08 December 2016) were inserted;

6.1.2 The Terms of Reference for the Town Planning Appeals Sub-Committee as approved by Council on 08 December 2016) were inserted;

6.1.3 The Terms of Reference for the defunct Finance and Procurement Committee were deleted;

6.1.4 Amendments to the functional areas of the Community Services Committee and the Governance and Human Resources Committee as per input received from these respective Committees;

6.1.5 The Terms of Reference for the Municipal Public Accounts Committee (MPAC) were amended to further elaborate on the operation and discharge of MPAC’s powers and function;

6.1.6 Amendments to the membership criteria of the Civilian Oversight Committee were made pursuant to input received from the respective Committee;

6.1.7 Amendment to Committees’ generic power of recommending comments on proposed National and Provincial Legislation, Regulations, Policy Framework etc.; amended to accommodate for Committees to “note” comments instead, due to the practical difficulties presented by the public participation timeframes; and

6.1.8 Amendments to grammar and rephrasing of provisions for clarity purposes, where required.ADOPTED, by the majority vote.


7. BUDGET STATEMENT REPORT FOR THE MONTH ENDING 31 JANUARY 2019 (7/1/4)

(Page 178)

Clarity having been provided to questions raised,


That the Budget Statement Report for the month ended 2019-01-31, submitted by the City Manager as per his report dated 2019-02-14, in compliance with Section 71 of the Municipal Finance Management Act No. 56 of 2003 and Section 28 of the Municipal Budget and Reporting Regulations in terms of Government Notice 32141 dated 17 April 2009, relating to the “Local Government: Municipal Finance Management Act 2003, be noted.NOTED.

8. ETHEKWINI MUNICIPALITY ADJUSTMENTS BUDGET - 2018/2019 (7/1/2/2)

(Page 337 of Main Agenda replaced by Page 473 in the Supplementary Agenda)

In an endeavour to address the current challenges of land invasion it has been recommended that the budget under the Strategic Land Acquisition be increased through the USDG grant funding for the purposes of identifying and acquiring various pockets of land with a view to fast tracking the availability of land to communities within the City.

With the Executive Committee Members De Boer and Mthethwa of the Democratic Alliance abstaining on the basis of a lack of an action plan,


8.1 That in accordance with the provisions of Section 28 of the Municipal Finance Management Act and in compliance with the Municipal Budget and Reporting Regulations, the adjustments to the 2018/2019 Budget of eThekwini Municipality (Parent Municipality) as reflected in Annexure ‘A’ of the report of the City Manager dated 2019-02-25, be approved, it being recorded that the approval of the Capital Adjustments Budget constitutes project approval of the specific projects.

8.2 That the adjustment budgets of the eThekwini Municipal Entities as approved by the respective Board of Directors and reflected in Annexure ‘B’ of the report of the City Manager dated 2019-02-25, be noted, in compliance with Section 87 of the Municipal Finance Management Act.

8.3 That in an endeavour to address the current challenges of land invasion, the budget under the Strategic Land Acquisition be increased through the USDG grant funding for the purposes of identifying and acquiring various pockets of land with a view to fast tracking the availability of land to communities within the City.ADOPTED, by the majority vote.


9. TRANSFER OF DISCRETIONARY GRANT FROM ENERGY SETA TO ETHEKWINI MUNICIPALITY FOR IMPLEMENTATION OF ARTISAN DEVELOPMENT PROGRAMME (6/1 & 7/4/2)

(Page 469)

With clarity having been provided on the selection of candidates to participate in the programme,


9.1 That authority be granted for the eThekwini Municipality to accept a discretionary grant funding in the amount of R33 000 000.00 (Thirty Three Million Rand) from Energy and Water Sector Education & Training Authority to further enroll 200 (two hundred) unemployed youth in the Artisan Development Programme for a period of three (3) years.

9.2 That subject to .1 above, authority be granted to the City Manager to sign the Discretionary Grant Agreement with the Energy and Water Sector Education and Training Authority to allow receipt of the grant funding referred to in .1 above.

9.3 That subject to the adoption of .1 and .2 above, the Chief Learning Officer enter into a Service Level Agreement with the procured professional training provider in order to deliver; monitor; and report on progress in respect of the programme.ADOPTED.

10. AUTHORITY TO USE SECTION 116(3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT FOR ADDITIONAL CONTRACT AUTHORITY FOR CONTRACT 1T-15937: CROSSROADS PRECINCT: TAXI RANK, BULK EARTHWORKS AND MUSA ROAD ALIGNMENT (26/3/2/3)

(Page L13)

With the Executive Committee Members De Boer and Mthethwa of the Democratic Alliance abstaining,


10.1 That in terms of Section 116(3) of the Municipal Finance Management Act, the intention to amend Contract No. 1T-15937: Crossroads Precinct: Taxi Rank, Bulk Earthworks and Musa Road Alignment to increase contract authority in order to accelerate construction of a critical link of C3 at the Malandela Road/Curnick Ndlovu Highway (M25) Interchange (referred as Crossroads) in the amount of R179 Million, excluding VAT, contingencies and escalation, be noted.

10.2 That the intention to extend contract duration exceeding a period of three (3) years be noted in principle.

10.3 That the following reasons for the amendment of Contract 1T-15937 be noted:


10.3.1 The technical nature of the work to be undertaken, with the different components being inter-related, requiring an integrated delivery approach to reduce cost to Council as well as the potential for contractual and legal conflicts of multiple contractors that were appointed.

10.3.2 Given that the contractor is already established on site the time and cost savings in the completion of the C3 Corridor, will thus require neither additional time for setting up; nor additional cost for site establishment and related activities.

10.3.3 The promotion of community Empowerment, Radical Economic Transformation, and recognition of excellent work being undertaken is acknowledged in that the contractor in place is a joint venture incorporating the minibus taxi industry and other community business entities, it being recorded that this is the only contract in recent times, that was being delivered ahead of schedule, under budget, and has experienced ZERO delays from work stoppages.

10.4 That subject to the adoption of .1 and .2 above and as per the requirements in terms of Section 116 (3) of the Municipal Finance Management Act, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendments to Contract No. 1T-15937.

10.5 That, upon conclusion of the public participation process, the matter be submitted to the Bid Adjudication Committee and Accounting Officer for final approval.ADOPTED, by the majority vote.

3. THIRD REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2019-02-28

_____________

1. UTILISATION OF SECTION 116(3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT TO AMEND THE APPOINTMENT OF CONTRACT 1H - 3528 FOR CIVIL ENGINEERING SERVICES FOR NTUZUMA D PHASE 2 AND 3 HOUSING PROJECT (22/7/1/1/3 & 9/1/3)

(Page 1)

As some members were not in support of the intention to amend the contract referred to above, the matter was put to the vote. The Executive Committee members of the Democratic Alliance (03) and the Inkatha Freedom Party (01) voted against the intention to extend the contract. This was regarded as setting an undesirable precedent whereby illegal occupants are prioritised for housing. Also, supporting documents were required for information purposes.

With the submission falling within the acceptable 20% threshold of the Supply Chain Management Regulations regarding contracts extension, the Executive Committee Members of the African National Congress (04) voted in support. In view of the equal votes, the Acting Chairperson submitted a casting vote.

Thereafter, by the majority vote,



1.1 That, Council notes the intention to amend Contract 1H-3528, in terms of Section 116(3) of the Municipal Financial Management Act, for additional contract authority for civic engineering services to include increased cost to the contract value of Ntuzuma D Phase 2 and Phase 3 Housing Project due to additional families now occupying the sites and the need for civil services design changes.

1.2 That subject to the adoption of .1 above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendments to Contracts No. 1H-3528, in line with the requirements of Section 116 (3) of the Municipal Finance Management Act.

Financial Implications:Funding is obtained from the Upgrade of Services Development Grant (USDG)

Engineering Site Serviced Expenditure (Excl. VAT)

Balance (Excl. VAT)

Engineering design for 1929 sites was approved. Engineering design was amended to increase yield to 2594 sites. Site supervision and monitoring of contractor on business rescue and initiated legal process on stage 2 contract

609 R30 889 673.39 R31 625.00

Existing Contract Authority:

VAT Excluding VAT VAT Including

Contract Value R30 921 297.96 R4 328 981.72 R35 250 279.68

Escalation

Total Cost to Council R30 921 297.96 R4 328 981.72 R35 250 279.68

Amended Required Contract Authority:

VAT Excluding VAT VAT Including

Balance of Contract Value(2016/07/04) (2144 sites)

R10 118 592.35 R1 416 602.93 R11 535 195.28

Additional Value R 4 638 194.69 R 695 729.20 R 5 333 923.89

Revised Contract Value R14 756 787.04 R2 112 332.13 R16 869 119.17

ADOPTED, by the majority vote.

2. APPROVAL FOR A RAND MERCHANT BANK TERM LOAN CESSION (7/3/1)

(Page 8)

Confirmation was given that the ceding of the loan is in line with the contract requirements entered into between eThekwini Municipality and Rand Merchant Bank. Further, that the ceding of the loan is aimed at the diversification of portfolios and there is no negative financial impact to the Municipality in this regard. Reference has been made to the unqualified audit received by the City to clear the allegation that the decision to cede is informed by poor financial record of the City.


Nevertheless, the Executive Committee Members of the Democratic Alliance (03) abstained on the matter and the Inkatha Freedom Party (01) voted against the matter.

The Executive Committee Members of the African National Congress (04) plus the casting vote of the Acting Chairperson, supported the matter on the basis that there is no negative financial impact to the City and submitted that in future the ceding option should consider the aspect of emerging financial institutions for empowerment purposes.

Accordingly, by the majority vote,


2.1 That authority be granted for the amendment of 2 (two) loan agreements entered into between eThekwini Municipality and Rand Merchant Bank (RMB) for the 20-year loan, substantially on the basis of the addendum attached to the report of the City Manager dated 2019-02-11, which mainly refers to the sell down of their loan holding to Sanlam Life Insurance Limited.

2.2 That subject to the approval of .1 above, authority be granted to the City Manager to sign the addendum to the loan agreement.ADOPTED, by the majority vote.

3. APPROVAL FOR A NEDBANK TERM LOAN CESSION (7/3/1)

(Page 39)

A discussion similar to the preceding item was held on the above matter as well as the voting process. It was noted though that the difference on this matter is that Nedbank has not yet identified possible financial institutions they can sell down. However, they have provided a list of permitted transferee which they can potentially sell to.

Accordingly, by the by majority vote,


3.1 That authority be granted for the amendment of the existing 15-year loan agreement entered into between Nedbank and eThekwini Municipality in 2018, substantiallyon the basis of the loan agreement attached to the report of the City Manager dated 2019-02-11, which mainly refers to consideration being given by Nedbank to sell down the amount out of R1 billion loan taken by the Municipality.

3.2 That subject to the approval of .1 above, authority be granted for the City Manager to sign the amended loan agreement.ADOPTED, by the majority vote.


4. FINALISATION OF MEMBERS OF THE CITY PLANNING COMMISSION (3/2/2)

(Page 119)


4.1 That the appointment of 5 (five) members to serve on the City Planning Commission on the basis of continuity for a 3-year period, i.e. Mr R Wilkinson; Prof U Bob; Ms B Zibula; Ms Y Rajah and Mr. G Robbins, be approved.

4.2 That a nomination be sought from the National Planning Commission to ensure effective linkages.

4.3 That the appointment of the following new members to serve on the City Planning Commission for a 3-year period, namely, Mr T Arjunan; Mr C Esteves; Mr AD Diseko; Dr H Magidimisha; Dr D Sunderajh; Prof M Dayomi; Mr OS Gwanada; Dr G Govender; Mr MS Dlamini; Ms SP Dlamini; Ms C Dunn; Mr MZ Mdlalose; Dr P Mashau; Prof PS Reddy and Mr D Litha, be approved.ADOPTED.

5. REQUEST FOR AUTHORITY TO LAUNCH TB PREVENTION CAMPAIGN WITH TRADITIONAL LEADERS (13/2/1/1/1)(Page L15)

The Executive Committee Members of the Democratic Alliance (03) whilst acknowledging the significance of involving traditional leaders voted against the actual launch of the TB Campaign on the basis that a huge amount is allocated for an event which resources could be used to improve medical equipment in the Clinics.

The Executive Committee Members of the African National Congress (04) and the Inkatha Freedom Party (01) supported the item with the launch being regarded as an important vehicle to address the multitudes on the scourge of TB and preventative measures, in line with the National Government mandate on this infectious bacterial disease.

By the majority vote,


5.1 That authority be granted to the Acting Deputy City Manager: Community & Emergency Services to launch the TB Prevention Campaign with Traditional Leaders and Ambassadors on 15 March 2019 at Emaqadini Sport Ground at the cost of R1. 6 Million.

5.2 That subject to the approval of .1 above, the Acting Deputy City Manager: Community and Emergency Services be tasked to monitor budget implementation as approved and provide update to the City Manager.

Vote No.: CES 14001.various.12120.0000.38300.0010 R1.6 Million FC No.: 32/214ADOPTED, by the majority vote.


6. REQUEST FOR FINANCIAL SUPPORT FOR GCWALISA IMABHIDA MASKANDI CONCERT (13/3/1)(Page L18)

The Executive Committee Members of the Democratic Alliance (03) abstained on this matter. They were of the view that emerging local Artists that have not yet been allocated grant funding. Also, that the Cluster is prioritising events over key service delivery matters.

The Executive Committee Members of the African National Congress (04) and the Inkatha Freedom Party (01) supported the matter as the City was transforming the Maskandi music. It was confirmed that the funding support is equivalent to the funding support given the other local Artist for fill up the Moses Mabhida Stadium event held in December 2018.

By the majority vote,

COMMITTEE RECOMMENDS

6.1 That authority be granted for eThekwini Municipality to support the Gwalisa IMabhida Stadium Maskandi Concert to be held on 30 March 2019 with the Municipality to contribute the amount of R2 843 950.00 (Two Million Eight Hundred and Forty Three Thousand Nine Hundred and Fifty Rand) for venue hire and related costs

6.2 That subject to the adoption of .1 above, the payment of R2 843 950.00 (Two Million Eight Hundred and Forty Three Thousand Nine Hundred and Fifty Rand), inclusive VAT, be transferred to Moses Mabhida Stadium for the procurement in line with applicable Supply Chain Management Regulations, of goods and services in support of this event.

6.3 That subject to the adoption of .2 above, authority be granted to the City Manager to enter into a mutually beneficial agreement with the event organisers.

6.4 That a close-out report be prepared at the completion of this event for consideration by the Community Services Committee in the first instance.

Vote No.: 26003.various.0000.53500-63.0010 R2 843 950.00FC No.: 32/213ADOPTED, by the majority vote.

7. COMPENSATION FOR DWELLING OWNERS AFFECTED BY THE CONSTRUCTION OF ETAFULENI/ANGOLA ROAD BUS ROUTE IN WARD 53 AND 56 (26/3/2/3)(Page L17)


7.1 That the following resolution adopted by Council on 30 August 2018 be rescinded:

“9.1 That authority be granted to the Head: Real Estate to make offers and payments of 70% of the Municipality’s assessed compensation, where applicable, plus VAT if applicable, to owners affected by Etafuleni road construction for bus route, as per the list of owners affected and reflected in Annexure B of the report of the Head: Engineering dated 2018-08-27 and subject to the dwelling owners affected producing Identify Documents.


9.2 That subject to the adoption of .1 above, authority be granted to the Head: Real Estate to conclude the relevant Compensation Agreements.

9.3 That subject to adoption of .2, the balance of the 30% assessed compensation to be paid, where applicable, once the Municipality has been provided with vacant occupation of the dwelling affected to confirm that owner has already relocated.

Financial implications:Vote: 49500.45110.51080.P10154.R003; R6 785 017.85 (Provided 2018/19)FC: 2019/49/C065”

7.2 That authority be granted to the Head: Real Estate to make offers and payments of 70% of the Municipality’s assessed compensation (where applicable), plus VAT, if applicable, to the affected owners as reflected in Annexure C of the report of the City Manager dated 2019-02-06, subject to the affected dwelling owners producing Identity Documents.

7.3 That subject to the adoption of .1 above, authority be granted to the Head: Real Estate to conclude the relevant Compensation Agreements.

7.4 That subject to the adoption of .2 above, the balance of the 30% assessed compensation be paid (where applicable) once the Municipality has been provided with vacant occupation of the affected dwelling.

7.5 That a further report in respect of the under mentioned cases be submitted to Council for authority to make payments, after finalization of these cases:

7.5.1 The Beneficiary, Sifiso Msimang for House No.7, as reflected in Annexure C of the report by the City Manager dated 2019-02-28, is incorrect and investigations are underway to ascertain ownership.

7.5.2 The Beneficiary, Hlope for House No. 13, as reflected in Annexure C of the report by the City Manager dated 2019-02-28, cannot be located at this stage and process currently in progress to locate Beneficiary.

Vote No. 49500.45110.51080.P10154.R003 FC No.: 2019/49/C065R6 785 017.85 (Provided 2018/2019)ADOPTED.

8. ADDENDUM TO 2018/19 CAPITAL ADJUSTMENTS BUDGET (7/1/2/2)

(Page L19)

Page 43 of the Adjustment Budget report as previously discussed by the Executive Committee was replaced by a new page circulated in the meeting and attached herein. The new information relates to the reallocation of zonal block sum and increasing strategic land acquisition and high intensity corridor.

Accordingly,



That Council approves the addendum to the eThekwini Municipality 2018/19 Capital Adjustment Budget by replacing page 43 with a new page (attached herein) which contains information on the reallocation of zonal block sum and increasing strategic land acquisition and high intensity corridor.ADOPTED, by the majority vote.

4. NOTICE OF MOTION

4.1. NOTICE OF MOTION: UNPRECEDENTED LEVELS OF CRIME AT MANOR GARDENS, GLENMORE AND CARRINGTON: PROPOSED BY COUNCILLOR TM MTHETHWA AND SECONDED BY COUNCILLOR S SEWSHANKER(28/1/2/2)

The above-mentioned Notice of Motion by Councillor TM Mthethwa was, by the majority vote, NOT CARRIED.

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

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

COUNCILLORSCouncillor S Bhanprakash : 2019-02-27 to 28 (Indisposed)Councillor T Biyela : 2019-02-28 (Personal Commitments)Councillor NC Cele : 2019-02-28 to 03-01 (Indisposed)Councillor BA Fortein : Request to leave at 14:00 (Indisposed)Councillor R Gokool : 2019-02-28 (Personal Commitments)Councillor NC Gumede : 2019-02-28 (Indisposed)Councillor NP Gumede : 2019-02-28 (Personal Commitments)Councillor RC Hlophe : 2019-02-28 to 03-02 (Personal Commitments)Councillor JA Johnson : 2019-02-28 (Municipal Business)Councillor S Khuzwayo : 2019-02-25 to 03-03 (Indisposed)Councillor TN Mabanga : 2019-02-28 (Indisposed)Councillor TG Makhanya : 2019-02-27 to 28 (Personal Commitments)Councillor SM Mdlalose : 2019-02-28 (Indisposed)Councillor P Mfeka : 2019-02-25 to 03-01 (Indisposed)Councillor TP Mfusi : 2019-02-28 (Indisposed)Councillor K Mhlaba : Request to leave at 14:00Councillor BA Mkhize : 2019-02-28 (Indisposed)Councillor LC Mnguni : 2019-02-28 to 03-02 (Indisposed)Councillor B Msomi : 2019-02-28 (indisposed)Councillor J Naidoo : 2019-02-28 (Indisposed)Councillor AS Ngcobo : 2019-02-28 (Indisposed)Councillor SB Ngcongo : 2019-02-28 (Personal Commitments)Councillor BS Ngiba : 2019-02-26 to 03-03 (Personal Commitments)Councillor M Ngiba : 2019-02-28 (Indisposed)Councillor SJM Nhlapo : 2019-02-28 (Personal Commitments)


Councillor M Nojiyeza : 2019-02-18 to 03-30 (Indisposed)Councillor BT Ntuli : 2019-02-28 to 03-01 (Indisposed)Councillor CJ Pappas : 2019-02-28 (Indisposed)Councillor F Peer : 2019-02-28 (Indisposed)Councillor P Pillay : Request to leave at 12:00Councillor A Ramkissoon : Request to leave at 13:00Councillor A Shaheed : 2019-02-28 (Indisposed)Councillor MT Shelembe : 2019-02-27 to 03-01 (Indisposed)Councillor MG Shange : 2019-02-28 to 03-19 (Indisposed)Councillor BP Shozi : 2019-02-26 to 03-03 (Personal Commitments)Councillor DM Shozi : 2019-02-28 (Personal Commitments)Councillor PS Sishange : 2019-02-28 to 03-01 (Indisposed)Councillor WM Thring : 2019-02-28 (Personal Commitments)

AMAKHOSIInkosi BF Bhengu : 2019-02-28 (Provincial Commitments)Inkosi VR Cele : 2019-02-28 (Provincial Commitments)Inkosi TF Gwala : 2019-02-28 (Provincial Commitments)Inkosi PP Luthuli : 2019-02-28 (Provincial Commitments)Inkosi NC Maphumulo : 2019-02-28 (Provincial Commitments)Inkosi DZ Mkhize : 2019-02-28 (Provincial Commitments)Inkosi KT Mkhize : 2019-02-28 (Provincial Commitments)Inkosi LD Mkhize : 2019-02-28 (Provincial Commitments)Inkosi S Mlaba : 2019-02-28 (Provincial Commitments)Inkosi RF Mthembu : 2019-02-28 (Provincial Commitments)Inkosi MJ Ngcobo : 2019-02-28 (Provincial Commitments)Inkosi JP Shangase : 2019-02-28 (Provincial Commitments)Inkosi EB Shozi : 2019-02-28 (Provincial Commitments)

City Administration: Secretariat28 February 2019