no. 29 minutes - durban minutes and... · x nala, pl ncayiyana, bp ndlela, ab ndlovu, pb ndlovu, mk...

- 993 -

No. 29 MINUTES

OF

ETHEKWINI MUNICIPAL COUNCIL

Meeting held on Thursday, 2018-02-22T10:00,

City Hall Main Auditorium, Church Walk, Durban

PRESENT : Councillors WL Mapena (Speaker), ZRT Gumede (Mayor), F Peer

(Deputy Mayor), MA Ally, J Annipen, S Aslam, A Beetge, S Bhanprakash,

MPN Bhengu, MC Bhengu, NC Biyela, T Biyela, M Brauteseth, S Brijmohan,

WJD Burne, SS Butelezi, VP Caluza, H Cele, NT Cele, J Chetty, BA Chili,

TJT Cibane, R Cloete, TP Collins, M David, HU De Boer, SV De Boer,

GT De Lange, MAK Dladla, CB Dlamini, JA Dlamini, SB Dlamini,

SR Dlamini, MP Dlomo, BA Fortein, VE Gebashe, HD Goge, R Gokool,

G Govender, S Govender, Y Govender, NL Graham, PJC Graham,

BR Gumede, NC Gumede, NP Gumede, TR Gumede, ZD Gushu, MH Haniff,

GJ Hegter, NP Hlomuka, RC Hlophe, S Hoosen, NB Hoosman, NB Iyir,

JA Johnson, M Johnson, SA Kaunda, DM Khanyile, ES Khanyile,

KNN Khubone, PZ Khumalo, HL Khubisa, NL Khuzwayo, S Khuzwayo,

ZW Khuzwayo, SNC Khwela, CJ Laing, CB Langa, P Luthuli, TJ Luthuli,

TN Mabanga, MT Mabaso, NI Madlala, A Maharajh, ZP Makhanya,

NZ Maluleka, MW Manqele, SD Maphumulo, PM Mbambo, V Mbanjwa,

AM Mbele, RD Macpherson, SM Mdlalose, FW Mdletshe, LM Meyer,

P Mfeka, TP Mfusi, K Mhlaba, GN Mhlongo, SE Mhlongo, MB Mjadu,

AZ Mkhize, BA Mkhize, HGB Mkhize, KV Mkhize, MM Mkhize,

MP Mkhize, S Mkhize, SM Mkhize, SM Mkhwanazi, PS Mncube,

ZM Mncwango, E Mngadi, SB Mngadi, SV Mngadi, LC Mnguni,

BV Mngwengwe, LN Mngwengwe, SR Moodley, S Moonsamy, B Mpanza,

SB Mpanza, SNL Mshengu, B Msomi, LG Mthembu, M Mthembu,

MGF Mthembu, MM Mthembu, NE Mthembu, ON Mthembu, TM Mthethwa,

TT Mthiyane, N Munien, AB Mvubu, RM Mzobe, BD Naidoo, M Nair,

X Nala, PL Ncayiyana, BP Ndlela, AB Ndlovu, PB Ndlovu,

MK Ndzimbomvu, ZS Ndzoyiya, S Ngema, BS Ngiba, MM Ngiba,

TT Ngubane, SJM Nhlapho, MS Nkosi, M Nojiyeza, DR Nowbuth,

GM Noyce, B Ntshangase, PC Ntshangase, SC Ntshangase, PB Ntuli,

PH Nxumalo, NP Nxumalo, W Nyaba, MS Nyawose, CJ Pappas, BW Phewa,

JP Phewa, TK Phohlo, B Phungula, D Pillay, DR Pillay, KR Pillay, P Pillay,

JP Prinsloo, GDA Pullan, BR Qhantsi, MD Qwabe, A Ramkissoon,

A Rampersad, S Ryley, S Sewshankar, AN Shabalala, B Shabane, MG Shange,

SG Shange-Dlamini, MT Shelembe, MC Shezi, VH Shezi, BP Shozi,

DM Shozi, HP Shozi, M Sibisi, PN Sikhosana, B Singh, EL Singh, Sagar

Singh, Samier Singh, AD Snyman, ZR Sokhabase, M Tembe, JB Thabethe,

S Thango, WM Thring, JC Van den Berg, MC Xulu, TV Xulu, NY Young,

BM Zulu, GB Zulu, MBR Zuma, TG Zungu and MH Zwane.

ABSENT : Councillors RJ Crouch, AN Dlamini, MS Gwala (On leave), JS Khuboni

(On leave – Indisposed), B Majola, TG Makhanya (On leave), NE Mnguni

(On leave – Municipal business), J Naidoo (On leave _ Indisposed),

AS Ngcobo (On leave), BT Ntuli, NN Nyanisa (On leave - Municipal

business), TT Nzuza (On leave _ Indisposed), ES Shezi, N Sibiya,

- 994 - (eThekwini Municipality

Council Minutes - 2018-02-22)

PS Sishange, NI Sithole (On leave – Municipal business), SM Windvogel

(On leave – Indisposed), C Xesibe and TM Zuma (On leave – Indisposed).

AMAKHOSI

PRESENT : Inkosi VR Cele and Inkosi DZ Mkhize.

AMAKHOSI

ABSENT : Inkosi BF Bhengu (On leave), Inkosi TF Gwala, Inkosi NM Hlengwa

(On leave), Inkosi PP Luthuli, Inkosi KS Makhanya, Inkosi NC Maphumulo

(On leave), Inkosi LD Mkhize (On leave), Inkosi KT Mkhize (On leave),

Inkosi TBE Mkhize, Inkosi S Mlaba (On leave), Inkosi RF Mthembu, Inkosi

MB Ngcobo, Inkosi JP Shangase and Inkosi EB Shozi (On leave).

OFFICIALS

PRESENT : Messrs/Mesdames SC Nzuza (City Manager), S Shezi (Acting Head: Legal

Services and Compliance), M Mthiyane (Deputy Head: Legal Support, Legal

Services and Compliance), BM Mhlongo (Deputy Head: Office of the

Speaker), KR Ramsunder (Chief Committee Officer) and S Ramgolam

(Principal Committee Officer).

(At the commencement of the meeting 197 Councillors were present, comprising ANC – 110,

DA - 58, IFP - 8, EFF - 8, INDEPENDENT - 4, AIC - 2, ACDP – 1, MF - 1, DLC - 1, TA- 1,

MOSA – 1, APC - 1 and AL JAMA-AH - 1).

_________________

1. NOTICE CONVENING THE MEETING

The City Manager read the Notice convening the meeting as per the statutory

requirement.

2. OPENING

The Speaker declared the meeting open and extended a warm welcome

to Her Worship the Mayor, the Deputy Mayor; Members of the Executive

Committee; Honourable Councillors and Traditional Leaders; City Manager; Deputy

City Managers and Heads present; Legal Services and Compliance officials; Media;

Members of the Public; Distinguished Guests and Members of the Administration.

3. AFRICAN UNION AND NATIONAL ANTHEM

At the request of the Speaker the meeting stood to sing the African Union Anthem

and the National Anthem of the Republic of South Africa.

4. OPPORTUNITY FOR PRAYER/MEDITATION

The Speaker requested Council to observe a moment’s silence for all those who had

passed on.



5. OFFICIAL ANNOUNCEMENTS

The Speaker dealt with items 5 and 6 of the Order of Procedure, relative to official

announcements and his report, concurrently. In initiating his announcements he

advised that on 11 February 2018, the Nation marked the 28th Anniversary of the

release of the late President Nelson Mandela from Victor Vester Prison. This year the

Country would be commemorating a 100 years since his birth under the theme

“Be the Legacy” and these celebrations would be extended across the continent to

acknowledge the former President’s status as one of the world’s most respected

statesmen. The Speaker also paid tribute and on behalf of the Municipality expressed

gratitude to former President JG Zuma for his role in leading the Country. He also

welcomed the new President of South Africa, Mr Cyril Ramaphosa.

He thereafter expressed condolences to the family of the Speaker of the City of

uMhlathuze, Cllr Mfundo Wisdom Mthenjana who passed away on 19 February

2018 in Richards Bay after illness. He served as a South African Communist Party

Branch Deputy Secretary from 2009 to 2012 and at the time of his passing he was the

Chairperson of the ANC uMhlathuze Sub-Region.

Congratulations were extended to Messrs Hank McGregor and Andy Birkett who

won the men’s race at the 2018 Dusi Canoe Marathon and Jordan and Cana Peek

taking the women’s race. The race had been held over a period of three (3) days from

15 to 17 February 2018 between Pietermaritzburg and Durban.

The Speaker advised that during the month of February, municipal officials had held

engagements on the 2016/2017 Annual Report to source comments from Formal

Business, Civil Society, Amakhosi, Informal Business and Religious Leaders.

These engagements had been held successfully and the municipality would be

holding community engagements during the upcoming weeks in the four (4)

eThekwini Regions.

Councillors were notified that the March Council meeting would now be convened

on 28 March 2018. This is to allow all Committees to conclude their business before

the recess scheduled to begin on 29 March 2018.

The Speaker conveyed his best wishes to all Councillors celebrating their birthdays

in January.

Councillors were requested to switch their microphones off after speaking to avoid

interference with the sound system and talk slowly and clearly during the

proceedings for the interpreters.

The attention of Councillors was drawn to Rule of Order 16(1) (a)-(e) and

(4),(5),(6),(7) and (9). As per these rules, Councillors were requested to conduct

themselves in a respectful manner, to refrain from interrupting the proceedings and

encouraged to conduct business with the highest decorum and integrity that the

occasion and the residents of the Municipality deserved.

The Speaker advised that provision had been made in the Council’s 2018 Calendar of

meetings for Ward Councillors and Ward Committees to engage Community

Members on ward based service delivery/development matters. It was noted that

these meetings have been scheduled as part of the official Council calendar of

meetings as a mechanism to ensure that community members were kept abreast on



community development and resolutions taken by Council towards improving their

lives. This was in line with the Back to Basics reporting, and enhancing public

participation.

In that regard the Speaker mentioned that over the weekend of 3rd and 4th of February

and 10th and 11th February 2018 a total of 65 Ward meetings had been held.

However only 41 Ward reports had been received from the said engagements.

Once again he urged Councillors that had not submitted such reports to do as a

matter of urgency, since evidence from the said meetings was required when

reporting to COGTA in line with Back to Basics pillars, particularly the

Good Governance Pillar.

In addition to the Ward Community meetings held, some Councillors had sectorial

meetings with different sectors within the wards. A total of 19 such sectorial

engagements had been held. Ongoing consultations had been held with Councillors,

and a total of 44 993 one-on-one public consultations had been reported as

undertaken by Councillors. These consultations included various issues, viz

assistance with SASSA applications, proof of residence letters, grants

applications, etc.

The Speaker emphasised that the next Ward Committee Community meetings would

be held on 4th March 2018. He requested Ward Councillors to prepare for these

engagements and where necessary request officials from Departments to be in

attendance to elaborate where necessary.

In respect of his report on Ward Committees he advised that such Committees were

operational in almost 110 Wards, and were meeting frequently as required. As at the

beginning of February 2018, quarterly meetings had been scheduled and held with

some of the following administration/operational related issues being addressed:

- Issuing of name tags

- Issuing of stationery, mainly exercise books

- Clarity on the submission of required documents, such as attendance

registers; minutes; etc

- Introduction of Ward Operational Plans process

- Stipend and suspension thereof

In the month of February 2018, 61 Ward Committee meetings had been held and the

remaining 49 would hopefully be held on the weekend of 24th and

25th February 2018.

The Speaker re-iterated that Ward Committees that do not hold meetings as

scheduled, and/or hold meetings but do not submit the necessary documents shall be

regarded as non-functional and would have their monthly stipend suspended.

There were currently 26 Wards that were due to have their stipends suspended.

Following a resolution adopted by Council on 31 January 2018 with regard to Upper

Limits in respect of Salaries and Allowances he advised that an application had been

made with MEC for COGTA on 06 February 2018 and the application had been

approved. Such increase would be implemented with retrospective effect from 1 July

2018 and would be processed in March 2018 pay.

In closing, the Speaker reminded Councillors of the importance of upholding the

Code of Conduct especially around the issues of municipal services arrears;

attendance of meetings; disclosure of interests and report back to constituencies.



6. APPLICATIONS FOR LEAVE OF ABSENCE

RESOLVED:

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

COUNCILLORS

Councillor ZRT Gumede (Mayor) : Request to leave at 14:00

Councillor MS Gwala : 2018-02-22 (Personal Commitments)

Councillor NC Gumede : Request to leave at 12:00

Councillor JS Khuboni : 2018-02-20 to 28 (Indisposed)

Councillor TG Makhanya : 2018-02-21 to 23 (Personal Commitments)

Councillor SR Moodley : Request to leave at 14:00

Councillor NE Mnguni : 2018-02-22 (Municipal Business)

Councillor J Naidoo : 2018-02-22 (Indisposed)

Councillor AS Ngcobo : 2018-02-22 to 26 (Personal Commitments)

Councillor NN Nyanisa : 2018-02-21 to 23 (Municipal Business)

Councillor TT Nzuza : 2018-02-22 to 23 (Indisposed)

Councillor HP Shozi : Request to leave at 16:00

Councillor AN Shabalala : 2018-02-22 (Personal Commitments)

Councillor NI Sithole : 2018-02-22 (Municipal Business)

Councillor JB Thabethe : Request to leave at 14:00

Councillor WM Thring : Request to leave at 11:00

Councillor S Windvogel : 2018-02-22 (Indisposed)

Councillor TM Zuma : 2018-02-22 (Indisposed)

AMAKHOSI

Inkosi BF Bhengu : 2018-02-22 (Personal Commitments)

Inkosi N Hlengwa : 2018-02-22 (Personal Commitments)

Inkosi NC Maphumulo : 2018-02-22 (Personal Commitments)

Inkosi KT Mkhize : 2018-02-22 (Personal Commitments)

Inkosi LD Mkhize : 2018-02-22 (Personal Commitments)

Inkosi S Mlaba : 2018-02-22 (Personal Commitments)

Inkosi EB Shozi : 2018-02-22 (Personal Commitments)

(It is recorded that although Councillor AN Shabalala had submitted an

application for Leave of Absence, she was present at the meeting)

8. CONFIRMATION OF MINUTES: Meeting held on 2018-01-31 and In-Committee

Meeting held on 2018-01-31

RESOLVED:

That the minutes of the meeting of the eThekwini Municipal Council held on

2018-01-31 and In-Committee meeting held on 2018-01-31, as circulated and taken

as read, be and they are hereby confirmed.

__________

(Her Worship the Mayor, Councillor ZRT presented the First Report of the

Executive Committee).

__________



FIRST REPORT OF THE EXECUTIVE COMMITTEE

(Meeting held 2018-02-13)

PRESENT : Executive Committee Members ZRT Gumede (Mayor and Chairperson),

F Peer (Deputy Mayor), HU De Boer, S Hoosen, SA Kaunda, ZM Mncwango,

MM Mthembu, MS Nkosi and ZR Sokhabase.

ABSENT : Executive Committee Member BA Fortein (On leave)

_____________

1. REPORT OF HUMAN SETTLEMENTS AND INFRASTRUCTURE

COMMITTEE: MEETING HELD ON 2018-02-06

(Page R1)

1.1 Request for Authority to Transfer Funds: WS 2017/118 (23/2/1/3/2):

(Page 59: Human Settlements and Infrastructure Committee - Agenda 2018-02-06)

With the Human Settlements & Infrastructure Committee having been advised that

the Unit was requesting authority to transfer funds to an existing project with a view

to cater for budget shortfall as a result of savings identified,

COMMITTEE RECOMMENDS:

That for the reasons stated in the report of the City Manager dated 2017-07-24

authority be granted to the Deputy City Manager: Finance to include in his

Adjustments Budget Report, the transfer of funds from project Y8099 (Refund to

THD for Cornubia Eastern Trunk Sewer) whereby savings have been identified in

the 2017/2018 financial year to project Y6645 (Underwater survey of the effluent sea

outfalls and associated repairs).

Cost Centre/ Project No.:Y6645 R8 118 000 (To be met by savings via an

adjustment budget from, Y8099 – Refund to THD

for Cornubia Eastern trunk sewer, in 2017/2018)

Funds transferred from the developers refund as

they were paid form the last financial year.

Thus, no councillor liaison required.

Project Nos: As listed FC No. 365/C44

ADOPTED.

1.2 Addition of Mini Hydropower to the Existing Western Aqueduct Hydropower

Project WS 2017/207 (27/1/2/1/1):

(3: Human Settlements and Infrastructure Committee - Agenda 2018-02-06)


That for the reasons stated in the report by the Head: eThekwini Water and

Sanitation dated 2017-11-21, the inclusion of the Mini Hydropower project in the

scope of work under the Western Aqueduct Hydropower project be approved,



it being recorded that the Western Aqueduct Hydropower project is conducted at no

cost to Council as it remains under the South African Low Emissions Development

Programme signed on 2017-06-22.

No FC Required

ADOPTED.

1.3 Approval of Block Sum Reallocation and Block Sum Transfer to Construct Water

Projects: WS 2017/151 (7/1/2/2):



1.3.1 That the Block Sum projects listed in the report by the Head: Water and Sanitation

dated 2017-09-07, be approved.

1.3.2 That subject to the adoption of .1 above, the Deputy City Manager: Finance be

authorised to include in his Adjustments Budget Report the transfer of funds from the

Capital Block Sums Projects to individual projects as reflected in the Report

No. WS 2017/151 dated 2017-09-07.

1.3.3 That subject to the adoption of .1 above, the Head: Real Estate be authorised to

negotiate for the acquisition of, or to expropriate if necessary, the servitudes and/or

land required for construction of the water infrastructure for the projects

listed below:

Reservoir

Refurbishments

R7 500 000.00 To be met by vote Transfer 2017/2018

(Project X5188)

Labour Based

Construction


(Project X4257)

Pumpstation Upgrades

R4 680 000.00

To be met by vote Transfer 2017/2018

(Project X4215)

Unicity Water

Dispensers

R90 000.00 To be met by vote Transfer 2017/2018

(Project X4247)

Standpipes and Water

R900 000.00


(Project X7763)

Relays and Extensions

R32 000 000.00


(Project X4217)

Rural Water

R21 425 000.00


(Project X5259)

Install/Upgrade

reservoir and district

meters

R10 650 000.00


(Project X5189)

Domestic Meters

Installation


(Project X4628)

Waterloss

R38 572 500.00


(Project X3289)

Bulk Sales Meters

(ICI)

NIL


(Project X4254)

Total R145 530 000.00

Cost Centre: 69100 and 69200 FC No. 364/C70

ADOPTED.



1.4 Request for Authority to Transfer Funds for Project Y4199: Sewer Extension on Illex

Road, Nagina, Pinetown Ward 13 WS 2017/127 (23/2/1/3/3/1):



1.4.1 That authority be granted to the Head: Water & Sanitation for the implementation of

Project Y4199, sewer extension: Illex Road, Nagina, Pinetown, for the 2017/2018

financial year for the sum of R716 900.00 (Seven Hundred and Sixteen Thousand

Nine Hundred Rand) excl. VAT.

1.4.2 That for the reasons stated in this report WS 2017/127, authority be granted to the

Deputy City Manager: Finance to include in his Adjustments Budgets Report, the

transfer of R716 900.00 (Seven Hundred and Sixteen Thousand Nine Hundred Rand)

from Block Sum project Y6237 to Project Y4199, Sewer Extension: Illex Road,

Nagina, Pinetown for the 2017/2018 financial year.

Cost Centre 65540 R716 900.00 (to be met by savings via an adjustment budget,

from project Y6237)

Project No. Y4199 FC No. 365/C46

ADOPTED.

1.5 Motivation for Relaying of 400mm Ø Pumping Main from Umlazi 4 Reservoir to

Umlazi 5: Ward 84, 85, 86 (23/1/1/3/1):



1.5.1 That subject to the approval of the Capital Budget, authority be granted to the Head:

Water & Sanitation for the construction of a 400mm diameter steel inlet main to

Umlazi 5 Reservoir at an estimated cost of R10 500 000.00 (Ten Million Five

Hundred Thousand Rand) (excl. VAT).

1.5.2 That authority be granted to the Head: Real Estate to acquire by private treaty, or

expropriation if necessary of the land and servitudes for the construction of the inlet

water main and associated work.

1.5.3 That subject to the approval of .1 above, authority be granted to the Deputy City

Manager: Finance to include in his adjustments budget the transfer of R1 000 000.00

(One Million Rands) from X 4877 to X 7997 in 2017/2018.

Cost Centre 29100 R1 000 000.00 (2017/18 To be provided from X4877

R9 500 000.00 2018/19 To be provided from X7244)

R10 500 000.00

Project No: X7997 FC 364/C45

ADOPTED.



1.6 2018 Student Water and Sanitation Conference (13/2/1/1/1):

(8: Human Settlements and Infrastructure Committee - Agenda 2018-02-06)


That authority be granted to the Head: Water and Sanitation to organise and host the

Student Water and Sanitation Conference on 2018-03-01 at Inkosi Albert Luthuli

Convention Centre at an estimated cost of R1 607 533.00 (One Million Six Hundred

and Seven Thousand Five Hundred and Thirty Three Rand).

Vote No.60510.16315.11500.0000.83650.0010 (Provided for in 2017/2018

operating budget)

FC. No. : 364/63

ADOPTED.

1.7 Capital Budget Adjustment: 2017-2018 (7/1/3/2):


With the Democratic Alliance abstaining at the Human Settlements & Infrastructure

Committee,


1.7.1 That subject to the approval of the necessary adjustment budget, for the reasons

stated in the report of the Head: Cleansing and Solid Waste dated 2017-10-23,

authority be granted to the Head to transfer R37 350 000.00 (Thirty Seven Million

Three Hundred and Fifty Thousand Rand) to various internal projects.

1.7.2 Subject to the approval of .1 above, authority be granted to the Deputy City

Manager: Finance to include in his Adjustment Budget the transfer of funds

amounting to R37 350 000.00 (Thirty Seven Million Three Hundred and Fifty

Thousand Rand) to allow for a contingency option to overtly mitigate a looming

waste crises.

FC No. 66/C21

As some Councillors were not in support of the above-mentioned

recommendations of the Executive Committee, contending that poor planning

had led to the budget not being utilized within the financial year, and with

majority of the Councillors being in support of the recommendations after an

explanation was provided that due to unexpected delays it had not been possible

to complete projects within the financial year and therefore the funds needed to

be utilized for other projects, the matter was put to the vote.

With 195 Councillors present, 127 Councillors (ANC – 109, IFP – 8, IND – 4,

MF – 1, DLC – 1, TA – 1, MOSA – 1, APC - 1 and AL-JAMAH - 1) voted in

favour and 58 DA Councillors voted against. 10 Councillors (EFF – 8 and

AIC - 2) abstained from voting.

The above recommendations of the Executive Committee were, by the

majority vote, ADOPTED.



(At this stage of the proceedings the Speaker proposed that the Third Report of

the Executive Committee pertaining to the Adjustment Budget be considered.

As the Council was in agreement with the Speaker’s proposal, Her Worship the

Mayor, Councillor ZRT Gumede, presented the Third Report of the Executive

Committee. The Council thereafter considered the aforesaid Third Report and

the decision on the item is reflected sequentially in these Minutes. Following

consideration of the Third Report of the Executive Committee the Council

reverted to consideration of the remaining items on the First Report of the

Executive Committee).

1.8 Electrification Roll Out Proposal for Houses Already Inhabited within eThekwini

Municipality – Project 30K:

(Page L17: Human Settlements and Infrastructure Committee - Agenda 2018-02-06)

At the Human Settlements & Infrastructure Committee, the Head: Electricity was

commended for taking a pro-active stance in electrifying dwellings already occupied

as this would assist Council in avoiding further costs as a result of illegal

connections.


1.8.1 That the Head: Electricity be authorised to proceed with the electrification of the

twelve thousand (12 000) RDP houses that are already inhabited but without an

electricity connection, it being recorded that this will be limited to RDP houses built

and occupied prior to 2016 only.

1.8.2 That in respect of houses that were built post 2016, the Head: Electricity be tasked to

ensure that the relevant application processes are followed and that the relevant

connection fees are paid by the Human Settlements Unit.

1.8.3 That the Head: Electricity be authorised to proceed with the electrification of the

estimated two thousand (2 000) disaster relief, four-roomed houses and R293 houses.

1.8.4 That for the instances as described in .1 and .3 above, R300.00 (Three Hundred

Rand) connection fee be waivered against the Human Settlement Unit and the cost be

borne by the Electricity Unit. This would result in a zero cost being paid by the

customer.

ADOPTED.

2. REPORT OF GOVERNANCE AND HUMAN RESOURCES COMMITTEE:

MEETING HELD ON 2018-02-07

(Page R5)

2.1 Community Consultation Programme for Draft Annual Report 2016/17 (11/1/1):

(Page 58: Governance and Human Resources Committee - Agenda 2018-02-07)


2.1.1 That authority be granted to the Head : Communications to extend consultation with

communities on the Draft Annual Report for the 2016/2017 financial year and host

four (4) regional meetings to be held at Princess Magogo Stadium (North), King

Zwelithini Stadium (South), Mpumalanga Stadium (West) and City Hall (Central) at

a date to be scheduled by the Communications Unit.



2.1.2 That subject to the approval of .1 above, authority be granted to the Head:

Communications to incur expenditure in the amount R1 610 000.00 (One Million Six

Hundred and Ten Thousand Rand) for the implementation of a community

consultation programme for the Draft Annual Report for the 2016/2017

financial year.

2.1.3 That subject to approval of .1 above, authority be granted to the Deputy City

Manager: Finance to allocate funds in his adjustment budget.

Financial Implications:

COMMUNITY ENGAGEMENTS

North Region

KwaMashu, Princess Magogo Stadium

(Logistics, catering, transport, sound and stage)

R300 000.00

South Region

King Zwelithini stadium


R300 000 .00

West Region

Mpumalanga Stadium


R300 000.00

Central Region

City hall

(Catering, Transport, sound and stage)

R120 000.00

MASS MEDIA CAMPAIGN

East Coast Radio R60 000.00

Ukhozi FM R80 000.00

Gagasi FM R60 000.00

Community Radio

• Izwi Lomzansi,

• Vibe FM,

• Inanda FM,

• Hindvani,

• Highway Radio,

• ITheku Radio

R100 000.00

Caxton Community Paper R40 000.00

Tabloid Newspaper R40 000.00

Community Media

• KZN Newspaper,

• Inkazimulo,

• Intuthuko,

• EzaKwaZulu,

• Taxi Inanda

R50 000.00

Independent Newspapers (Isolezwe, Sunday Tribune) R100 000.00

Ilanga R30 000.00

Branding R30 000.00

TOTAL R1 610 000.00


recommendations of the Executive Committee on the basis that the costs to

undertake such community consultation was exorbitant and with majority of

the Councillors being in support of the recommendations given the statutory

requirement to enhance public participation, the matter was put to the vote.




AIC – 2, DLC – 1, TA – 1, MOSA – 1, APC - 1 and AL-JAMAH - 1) voted in

favour and 59 DA Councillors voted against. 7 EFF Councillors abstained

from voting.



2.2 Establishment of Customer Service Page on Social Media (2/3/3):


At the Governance & Human Resources Committee, with 35 Councillors present,

25 Councillors (ANC - 20, TA - 1, IFP -2 and AIC - 2) voted in support of the

recommendations and 2 - EFF Councillors abstained and 8 - DA Councillors

abstained.

Thereafter,


That authority be granted to the Head: Communications to implement the creation of

eThekwini Services U24/7 on Facebook and Twitter at no cost to Council and the

partnership with service units to ensure the effective facilitation of customer

enquiries on social media.

ADOPTED.

2.3 Welcome Boards at King Shaka International Airport (12/5/1/1):


At the Governance & Human Resources Committee the Democratic Alliance

abstained from voting on this item.

At the Executive Committee meeting the Democratic Alliance requested caution in

erecting such billboards without the availability of the necessary budget, further

expressing the view that budgets should be based on “needs” and not “wants.

However, it was clarified that like other cities, the intention of the billboard would be

for the first citizen of the City, namely; Her Worship the Mayor to welcome visitors

to Durban.

Thereafter,


2.3.1 That authority be granted to the Head: Communications to install billboards at King

Shaka International Airport to welcome visitors and provide an opportunity for the

Municipality to reach visitors with focused and relevant information.

2.3.2 That subject to the approval of .1 above, authority be granted to the City Manager

and the Deputy City Manager: Finance to source funds via an Adjustments Budget to

cover the cost of the project and make provisions on an annual basis for continuity to

ensure the updated status of the welcome board as a permanent feature at the King

Shaka International Airport.




recommendations of the Executive Committee and with majority of the

Councillors being in support of the recommendations on the basis that the First

Citizen of the City should welcome tourists and also the need to have an identity

when dealing with the issue of branding, the matter was put to the vote.


AIC – 2, MF – 1, DLC – 1, TA – 1, APC - 1 and AL-JAMAH - 1) voted in favour

and 65 Councillors (DA – 59 and EFF – 6) voted against. There were no

abstentions recorded.



2.4 Audit Outcome Media and Stakeholder Engagement (2/10/2/1):


The Governance & Human Resources Committee noted the importance of the media

and business stakeholders in the promotion of transparency and good governance.

It was highlighted that the proposed engagements would provide them with an

opportunity to view the positive financial highlights achieved by the City.


That authority be granted to the Head: Communications to incur expenditure in the

amount of R81 000.00 (Eighty One Thousand Rand) for the implementation of the

stakeholder engagement session to discuss the City Financial Statement for the

2016/2017 financial year.

Cost Implications:

ITEM ACTIVITY AMOUNT

Business breakfast (200 guests) ● Venue hire including breakfast and

sound system

R81 000.00

Total R81 000.00

ADOPTED.

2.5 Disposal of Laptops Issued to Councillors for 2011-2016 Council Term

(8/1/6/1 & 3/5/3):


At the Executive Committee, responding to a question by the Democratic Alliance

clarity was provided that the below mentioned recommendation had been taken upon

consultation with Party Whips via the Speaker’s office. The recommendation was

thereafter amended to indicate that the laptops would be disposed of at a book value

as at the end of the Councillors term of office in 2016.


2.5.1 That authority be granted to the Deputy City Manager: Finance to raise charges on

monthly municipal service accounts for all erstwhile and current Council members

that failed to return laptops that had been issued to them.



2.5.2 That subject to the approval of .1 above, the charges raised be in line with the latest

recorded book values (between R363.71 (Three Hundred and Sixty Three Rand and

Seventy One Cents) and R10 927.00 (Ten Thousand Nine Hundred and Twenty

Seven Rand) of the laptops that were issued to the respective Council members.

2.5.3 That the laptops be disposed at the book value as at the 2016 end of term of office,

it being recorded that this would be applicable to non-returning Councillors.

MOTION TO AMEND

In terms of Rule of Order Bylaw 20(4) Councillor ZM Mncwango, seconded by

Councillor S Hoosen, moved as a procedural motion that the above

recommendations of the Executive Committee be amended by the deletion of

recommendation 2.5.1 in its entirety.

However, prior to the above-mentioned Motion by Councillor ZM Mncwango

being debated and put to the vote, Councillor MM Mthembu, seconded by

Councillor BA Fortein moved, in terms of Rule of Order Bylaw 20(4), that the

above-recommendations be amended by the deletion of recommendations 2.5.1

and 2.5.2 in their entirety, with recommendation 2.5.3 being amended by the

insertion of the words “and current” between the words “non-returning” and

“Councillors” to read as follows:

“That the laptops be disposed at the book value as at the 2016 end of

term of office, it being recorded that this would be applicable to

non-returning and current Councillors.”

Thereafter, it was unanimously

RESOLVED:

That the laptops be disposed at the book value as at the 2016 end of term of

office, it being recorded that this would be applicable to non-returning and

current Councillors.

2.6 Creation of Catalytic Projects Office within Economic Development and Planning

Cluster (4/1/1/2/1):



2.6.1 That on approval of the Recommended Structure depicted in Annexure “C”, the

Interim Approved Structure of Strategic Projects Units as reflected in Annexure “B”

of the report of the City Manager dated 2018-01-30, be deleted in its entirety.

2.6.2 That the Catalytic Project Office Structure as reflected in Annexure “C of the report

of the City Manager dated 2018-01-30, be approved.

2.6.3 That the funded post of Head: Strategic Projects (Post ID: 15000000) and

Programme Manager (Post ID: 15000026) be transferred to the newly created Office.



2.6.4 That all newly created and changed posts be subjected to the grading process by

Compensation Management Branch to confirm the envisaged grades in the financial

implications’ table.

REFERENCE BACK

In terms of Rule of Order Bylaw 20(1)(c), Councillor WJD Burne, seconded by

Councillor NL Graham, moved as a procedural motion that the above

recommendations of the Executive Committee be referred back to the Economic

Development and Planning Committee and Governance and Human Resources

Committee for further consideration of the following:

- The adequacy or inadequacy of the proposed staff compliment, and the

structure thereof, and

- The reasonableness of the staffing of the Unit, having regard to the

staffing of other Units and Departments.

NOT CARRIED

As some Councillors were not in support of the reference back, the matter was

put to the vote. With 184 Councillors present, 57 DA Councillors voted in

favour and 127 Councillors (ANC – 103, IFP – 6, EFF – 7, IND – 4, AIC – 2,

DLC – 1, TA - 1, MOSA – 1, APC - 1 and AL JAMA-AH - 1) voted against.

There were no abstentions recorded.

The above-mentioned motion to refer back was, by the majority vote,

NOT CARRIED.

Discussion thereafter reverted to the substantive motion. Some Councillors were

not in support of the above-recommendations contending that the proposed

organogram was “vast’ with most of the posts being at managerial level.

However, majority of the Councillors welcomed the proposed organogram

indicating that this would assist immensely in hastening the completion of the

catalytic projects, thereby attracting investors.

The matter was thereafter put to the vote. With 182 Councillors present,

117 Councillors (ANC – 99, IFP – 7, IND – 4, AIC – 2, DLC – 1, TA - 1,

MOSA – 1, APC - 1 and AL JAMA-AH - 1) voted in favour and

58 DA Councillors voted against. 7 EFF Councillors abstained from voting.



2.7 Organisation and Establishment of Organizational Development and Change

Management (4/1/1/2/5):



2.7.1 That the recommended organisation and establishment as reflected on Annexure “B”

of the report by the Head: Organizational Development and Change Management

dated 2018-01-25, be approved.



2.7.2 That authority be granted to the Head: Organizational Development and Change

Management to implement the organisation and establishment of Organizational

Development and Change Management to be carried out in phases over the period of

three (3) years and that the filling of posts on the recommended structure be

implemented in phases.

2.7.3 That it be noted that the cost implication for the organisation and establishment of

Organisational Development and Change Management have been provisionally

calculated, using the median of the salary scales of the envisaged TASK Grade of the

posts subject to the grading process by the Compensation Management Branch and

that all new and amended posts will be subjected to the grading process in order to be

given a correct T.A.S.K. Grade.

2.7.4 That it be noted that the implementation of the recommendations of the organisation

and establishment of eThekwini Municipal Academy will require an additional

expenditure of R5 657 771.00 (Five Million Six Hundred and Fifty Seven Thousand

Seven Hundred and Seventy One Rand).

ADOPTED.

3. REPORT OF COMMUNITY SERVICES COMMITTEE: MEETING HELD ON

2018-02-08

(Page R9)

3.1 Section 71 Finance Report: December 2017:

(Page 12: Community Services Committee - Agenda 2018-02-08)


That the Section 71 Finance Report: December 2017 submitted in compliance with

Section 71 of the Municipal Finance Management Act and in terms of the of the

Government Notice 32141 dated 17 April 2009, relating to the “Local Government:

Municipal Finance Management Act 2003, the Municipal Budget and Reporting

Regulations”, with regard to the Community Services as at 31 December 2017,

be noted.

NOTED.

3.2 Final Capital Adjustment Budget 2017/2018:



That the report regarding the Final Capital Adjustment Budget 2017/2018 in respect

of the Community Services Projects, be noted.

NOTED.



3.3 Request to Write Off/Donate an Immobile Council Asset Situated at Settlers School

98 Lakhimpur Road, Merebank (8/1/2)


In view of the fact that the disused Shelter situated at Settlers School is no longer

serving its intended purpose,


3.3.1 That in terms of Section 90 (2) (a) (b), (3) & (4) of the Municipal Finance

Management Act, the Acting Head : Health be granted authority to implement the

disposal of the Council asset which was previously utilised as an immobile Ambient

Monitoring Station is currently disused, it being noted that the disposal shall be in the

means of a donation to Settlers School where it is currently situated.

3.3.2 That it be noted that there would be no budget implication for the Municipality as a

result of the proposed disposal and that the asset would therefore be written-off from

the Council Asset Register as indicated in the City Manager’s report dated

2017-10-27.

ADOPTED.

3.4 Request for Authority to Conclude Lease Agreement with Phoenix Settlement Trust

(17/2/1/1/3):


With the Democratic Alliance abstaining at the Community Services Committee,


3.4.1 That the Head: Parks, Recreation and Culture be granted authority to conclude a

Lease Agreement with Phoenix Settlement Trust with respect to the Ghandi Complex

used as heritage interpretation centre for tourism infrastructure purposes.

3.4.2 That the following portion of the erstwhile Committee resolution dated 2012-10-10

which makes reference to the Phoenix Settlement Trust as reflected on below

be rescinded:

That the Head : Real Estate be authorised to conclude and sign lease agreements with the owners of the properties as indicated on the

schedule below:

Owner Description of

property

Premises Extent

require

Plan No. Proposed use Commencing

Rental

United

Congregational of

Southern Africa –

KwaZulu-Natal

Rem of Erf 699

Inanda Glebe

Inanda Seminary 191 sqm SJ46/08/8 Interpretation

Centre

R1000

p/annum

Nazareth

Ecclesiastical

Endowment Trust

Portion 121 (of

35) of the

Farm Piezang

River No. 805

Shembe

Ekuphakameni

3939 sqm Lease 1: Tourist bus

parking area, Lease

2: Interpretation

Centre

R1000

p/annum

The trustees of the

Phoenix Settlement

Trust

Rem of Portion

498 of the

Farm Piezang

River No. 805;

Portion 11 (of

1) of the Farm

Piezang River

No. 805

Phoenix Settlement 531 sqm SH9753 Lease 1: Tourists

Office; Lease 2:

Kitchen, Lease 3:

Visitor Ablutions;

Lease 4:Tea

Garden; Lease 5:

Ablution Lease 6:

Ghandi’s House;

Lease 7:

Interpretation

Centre

R1000

p/annum



Department of

Human Settlement

Rem of Portion

398 of the

Farm Piezang

River No. 805

Ohlange Institute 7094 sqm SH9752 Lease 1: Dube

Museum; Lease 2

Mandela

Interpretation

Centre; Lease 3:

Visitor Ablutions

R1000

p/annum

That the lease shall be for a period three (3) years commencing on the commencement date at nominal rental as indicated in the

schedule in .1 above, and escalating at 9% per annum for the ensuing two (2) years, with rights of renewal.

3.4.3 That subject to .2 above the Head : Real Estate be authorized to conclude and sign

lease agreement with the owners of the properties as indicated on the schedule below

as per the value provided below:-

The trustees of the Phoenix

Settlement Trust

Rem of

Portion

495 of the

Farm

Piezang

River No

805:

Portion 11

(of 1) of

the Farm

Piezang

River No

805

Phoenix

Settlement

531 sqm SH9753 Lease 1 : tourist

office; Lease 2:

Kitchen; Lease

3 : Visitor

ablutions;

Leave 4 : Tea

Garden, Lease

5: Ablution,

Lease 6 :

Ghandi’s

House; Lease 7

: Interpretation

Centre.

R15 250

p/m

3.4.4 That subject to .2 and .3 above, the approval of the lease agreement be granted for a

period of three (3) years from the commencement date of the rental and escalating at

9% per annum for the ensuing two (2) years, with rights of renewal based on the

overall financial schedule listed below.


Budget Items Monthly Cost Total Cost

Rental R15 250.00 R183 000.00

Municipal Levies Municipality 0

General Maintenance R5 000.00 R60 000.00

Security Municipality 0

Administrative costs R1 000.00 R12 000.00

Cleaning and cleaning material R10 112.40 R121 350.00

TOTAL R31 362.40 R376 350.00

1st Year: R376, 350.00; 2nd Year: R410 220.19 and 3rd Year : R447 140.01

Vote: 15530.15200.12120.0000.MRC01.W028, FC: 34/ 306

ADOPTED.

3.5 Memorandum of Agreement with Partners and Sport Federations (33/2):



3.5.1 That the request for the Parks, Recreation and Culture Unit/Sports Development and

Recreation Development, to enter into a Memorandum of Agreement (MOA) with

Sports Federations, Associations and Partners, be approved to promote sports

development within the eThekwini Municipal Area.



3.5.2 That subject to the adoption of .1 above, the relevant Memorandum of Agreements

with the federations be approved by the Head: Parks, Recreation and Culture prior to

implementation.

3.5.3 That subject to the adoption of .2 above, the sum of no more than R5 200 000.00

(Five Million Two Hundred Thousand Rand) in the 2017/2018 financial year, be set

aside specifically to pay for the services which would be provided by the

Federations, Associations and Partners.

3.5.4 That a workshop of the Community Services Committee be convened to unpack the

Sports Development Five Year Plan and further engage on sports development

matters prior to the approval of the 2018/2019 and the 2019/2020 budget.


Name of Federation 17/18 18/19 19/20

1 Athletics 278 250 292 162 306 770

2 Aquatics (incl. swimming) 800 000 840 000 882 000

3 Badminton 55 650 58 432 61 354

4 Basketball 333 9000 350 595 368 125

5 Baseball 89 040 93 492 98 166

6 Boxing 219 450 175 297 184 062

7 Cricket 219 450 230 422 241 943

8 Dance 111 300 116 865 122 708

9 Football 1,001.700 1,051.785 1.104 374

10 Golf 166 950 176 297 184 062

11 Handball 77 910 81 805 85 895

12 Hockey 166 950 175 297 184 062

13 Indigenous Games 163 800 171 990 180 589

14 Karate 111 300 116 865 122 708

15 Netball 333 900 350 595 368 125

16 Rugby 219 450 230 422 241 943

17 Softball 111 300 111 300 122 708

18 Tennis 163 800 171 990 180 589

19 Table Tennis 111 300 116 865 122 708

20 Volleyball 166 950 175 297 184 062

21 Chess 55 650 58 432 61 354

22 Gymnastics 105 000 110 250 115 762

TOTAL 5 200 000.00 6 261 025.00 5 524 076.00

R5 200 000 Provided in 2017/2018

R5 261 030 and R5 524 080 Provided for on draft budget 2018/2019 and

2019/2020 respectively



MOTION TO AMEND

In terms of Rule of Order Bylaw 20(4) Councillor ZR Sokhabase, seconded by

Councillor BA Fortein, moved as a procedural motion that the above

recommendations of the Executive Committee be amended in 3.5.1 and 3.5.2 as

follows:

- In 3.5.1, by the insertion of the words and year “for 2017/18 financial

year only” between the words “and Partners” and “be approved”.

- In 3.5.2, by the insertion of the words and year “for 2017/18 financial

year only” between the words “the federations” and “be approved”

- By the deletion of the columns relating to 18/19 and 19/20

financial years.

to read as follows:

“3.5.1 That the request for the Parks, Recreation and Culture Unit/Sports

Development and Recreation Development, to enter into a

Memorandum of Agreement (MOA) with Sports Federations,

Associations and Partners for 2017/18 financial year only, be approved

to promote sports development within the eThekwini Municipal Area.

3.5.2 That subject to the adoption of .1 above, the relevant Memorandum of

Agreements with the federations for 2017/18 financial year only, be

approved by the Head: Parks, Recreation and Culture prior to

implementation”

Thereafter, with 7 EFF Councillors abstaining from voting, it was

RESOLVED:

3.5.1 That the request for the Parks, Recreation and Culture Unit/Sports

Development and Recreation Development, to enter into a Memorandum of

Agreement (MOA) with Sports Federations, Associations and Partners for

2017/18 financial year only, be approved to promote sports development within

the eThekwini Municipal Area.

3.5.2 That subject to the adoption of .1 above, the relevant Memorandum of

Agreements with the federations for 2017/18 financial year only, be approved by

the Head: Parks, Recreation and Culture prior to implementation.

3.5.3 That subject to the adoption of .2 above, the sum of no more than R5 200 000.00

(Five Million Two Hundred Thousand Rand) in the 2017/2018 financial year,

be set aside specifically to pay for the services which would be provided by the

Federations, Associations and Partners.

3.5.4 That a workshop of the Community Services Committee be convened to unpack

the Sports Development Five Year Plan and further engage on sports

development matters prior to the approval of the 2018/2019 and the 2019/2020

budget.




Name of Federation 17/18

1 Athletics 278 250

2 Aquatics (incl. swimming) 800 000

3 Badminton 55 650

4 Basketball 333 9000

5 Baseball 89 040

6 Boxing 219 450

7 Cricket 219 450

8 Dance 111 300

9 Football 1,001.700

10 Golf 166 950

11 Handball 77 910

12 Hockey 166 950

13 Indigenous Games 163 800

14 Karate 111 300

15 Netball 333 900

16 Rugby 219 450

17 Softball 111 300

18 Tennis 163 800

19 Table Tennis 111 300

20 Volleyball 166 950

21 Chess 55 650

22 Gymnastics 105 000

TOTAL 5 200 000.00

R5 200 000 Provided in 2017/2018.

3.6 2016/2017 eThekwini Games Close-Out Report (13/7):



That the Close-Out Report regarding 2016/2017 eThekwini Games from the City

Manager, dated 2017-09-04, as well as the 2017/2018 operational plan be noted.

REFERENCE BACK

In terms of Rule of Order Bylaw 20(1)(c), Councillor SS Buthelezi, seconded by

Councillor MN Bhengu, moved as a procedural motion that the above

recommendations of the Executive Committee be referred back to the

Community Services Committee for further consideration of the following:

CARRIED

The above-mentioned motion to Refer Back was unanimously CARRIED.



Thereafter, it was

RESOLVED:

That the recommendations in respect of the item entitled 2016/2017 eThekwini

Games Close Out Report be referred back to the Community Services

Committee for further consideration.

3.7 Report on Participation in the 2017 Witness Garden Show in Chelsea and Nantes

Production & Display (12/6/1):



That subject to the feasibility report being provided to the Community Services

Committee, the request of the Parks, Recreation and Culture Unit to participate in the

Witness Garden Shows Production and Display in Chelsea and Nantes in the

2019/2020 financial year, be approved.

ADOPTED.

3.8 Support for Sponsorship for Nature, Environment and Wildlife Film Makers

Congress (WEWF) (20/2/3 & 13/2/1/1/1):


With the Democratic Alliance being against at the Community Services Committee,


3.8.1 That the sponsorship and hosting of the Nature, Environment and Wildlife Congress

in Durban for a period of two (2) years (2018/2019 and 2019/2020) financial years,

be supported.

3.8.2 That the Head : Parks, Recreation and Culture be authorised to negotiate the

possibility as well as terms and condition for hosting Nature, Environment and

Wildlife Congress for the next two (2) financial years (2018/2019 and 2019/2020) in

order to ensure the sustained partnership and promotion of Council Assets to the

international community.

3.8.3 That upon the finalization of the negotiations the Head: Parks, Recreation and

Culture be mandated to sign the Memorandum of Agreement with the event’s

Organizers.

3.8.4 That upon the approval of .2 above, the expenditure of R500 000.00 (Five Hundred

Thousand Rand) towards sponsorship of the Congress, conference venue costs,

exhibition spaces and the associated staff costs to be funded by the Parks, Recreation

and Culture Unit on its adjustment budget, be supported.



Councillors being in support, the matter was put to the vote.




AIC –2, MF – 1, DLC – 1, TA – 1 and APC - 1) voted in favour and

58 DA Councillors voted against. 9 Councillors (EFF – 8 and AL JAMA-AH – 1)

abstained from voting.



3.9 Request for Approval to Exchange Birds between Umngeni River Bird Park and

Martinus Stolk (31/1/1/1):


At the Community Services Committee it was noted that no funding would be

required or incurred in terms of the exchange and that the costs were on an equal

market value basis,


3.9.1 That the Head : Parks, Recreation and Culture be granted approval to arrange for the

exchange of Birds of equal value between Council’s uMngeni River Bird Park and

Martinus Stolk to the value of R133 200.00 (One Hundred and Thirty Three

Thousand Rand).

3.9.2 That subject to the approval of .1 above, the asset register or list of Birds in terms of

Zoological Information Management System (ZIMS) be updated to reflect the Birds

received from Martinus Stolk by uMngeni River Bird Park and vice versa.

3.9.3 That subject to the approval of .1 and .2 above, the Head: Parks, Recreation and

Culture be authorised to obtain the necessary transportation and keeping of live birds

in cages permits.

ADOPTED.

3.10 Bird Flu Preventative Measures for Mitchell Park Zoo and Umngeni Bird Park

(31/1/1/1):



That the preventative measures to be put in place within the Mitchell Park Zoo and

uMngeni River Bird Park to prevent possible Avian (Bird Flu) outbreak as depicted

in the City Manager’s report dated 2017-10-03, be noted.

NOTED.

3.11 Authority for National Department of Arts and Culture to Erect Archie Gumede

Statue in Durban (21/11/R):



3.11.1 That Council rescind the previous decision it took on 2016-02-24 regarding the

allocated site of the Archie Gumede Statue next to the Inkosi Albert Luthuli ICC.



3.11.2 That Council approve one of the sites listed below, as per the request and

recommendation from the Department of Arts and Culture, for the erection of the

Archie Gumede Statue :-

i) Francis Farewell Square on Dr Pixley Ka Isaka Seme Street across the City

Hall. The site being considered as popular for hosting passer-by,

pedestrians, and tourists who frequently use the space to rest or

take pictures.

ii) The old swimming pool site between St Paul’s Anglican Church and the

City Hall which is being considered as central and was once a highly

patronized spot for vibrant take away and bar outlets.

iii) The Fountain site at Medwood Gardens as a picturesque setting of peace

and beauty near the City Hall, this location was previously utilised as a

military depot by the Royal Navy and British Army during the South

African War.

3.11.3 That subject to .1 and .2 above, the City Manager be granted authority to sign a

Memorandum of Understanding (MOU) with the National Department of Arts and

Culture in order to address issues of custodianship of such plaques.

ADOPTED.

3.12 Report on Creation of Heroes Acre Open Air Museum and Reburial of UDF

Stalwarts Hanged in Pretoria in the 1960s and those Buried at Red Hill (35/2/1/1/1):


With the Democratic Alliance abstaining at the Community Services Committee.


3.12.1 That authority be granted to the Head: Parks, Recreation and Culture to establish a

Heroes Acre Open Air Museum at Heroes Acre Cemetery and for the re-burial of

identified UDF struggle Heroes in partnership with the NPA Missing

Persons Task Team.

3.12.2 That subject to the approval of .1 above, the Head: Parks, Recreation and Culture be

tasked to commission a study on the feasibility of the Open Air Museum.

3.12.3 That subject to .1 and .2 above, the Head: Parks, Recreation and Culture be tasked to

initiate the creation of an Open Museum Website that would contain information on

all stalwarts from other cemeteries within Durban.

3.12.4 That subject to .1, .2 and .3 above, the Head: Parks, Recreation and Culture be tasked

to commission a mapping study and record all stalwarts from different cemeteries in

Durban including family cemeteries.

3.12.5 That subject to adoption of .1, .2, .3 and .4 above, authority be granted to the Head:

Parks, Recreation and Culture to incur expenditure in the amount of R800 000.00

(Eight Hundred Thousand Rand) towards the reburial of UDF Stalwarts, the

commissioning of a feasibility study for the Open Air Museum, the creation of the

Open museum Website and the mapping of all heroes buried in Durban cemeteries.

Vote No. 15501.45355.54124.0000.N2314.W029 FC NO. : 34 / 323



Councillors being in support, the matter was put to the vote.



With 177 Councillors present, 162 Councillors (ANC – 95, DA – 57, IND – 3,

AIC –2, MF – 1, DLC – 1, TA – 1, APC – 1 and AL JAMA-AH - 1) voted in

favour and 15 Councillors (IFP – 7 and EFF – 8) voted against. There were no

abstentions recorded.



3.13 Establishment of In-House Broadcasting Facility – EMTV (12/3/1/5):


Having noted that the service would be established at no cost to the Council,


That the Head: Sizakala Customer Services, be authorised to implement an in-house

Broadcasting Facility (EMTV) and secure a service provider for it through

expression of interests.

ADOPTED.

3.14 Request to Reprioritise Capital Funds to Meet Urgent Needs: Relocation of Funds

from Umnini Thusong Centre Library Shelving to Replace One Lift at Pinetown

Civic Centre (17/2/2/2/1):



That the re-allocation of capital funds as outlined in the report of the City Manager

dated 2017-11-02, regarding Reprioritizing of Capital Funds to meet urgent needs:

Relocation of Funds from uMnini Thusong Centre Library Shelving for the

Replacement of One Lift at Pinetown Civic Centre, be approved.


PROJECT AMOUNT

Pinetown Lift Replacement R 286 000.00

TOTAL R 286 000.00

FC No. : 06 / CA37

ADOPTED.

3.15 Request to Re-Prioritisation of Capital Budget 2017/2018 Office Furniture and

Computer Equipment (8/1/5/1 & 8/1/7/1):


With the Democratic Alliance recording their dissension at the Community Services

Committee,


3.15.1 That the project authority for the re-prioritization of Capital Budget 2017/2018

Office Furniture and Computer Equipment as detailed in the report of the City

Manager dated 2017-12-12 be adopted.



3.15.2 That subject to .1 above, the Head: Community Participation & Action Support be

authorised to incur expenditure in the amount of R592 500.00 (Five Hundred and

Ninety Two Thousand Five Hundred Rand) from the available budget in order to

procure essential resources as detailed in the City Manager’s report dated

2017-12-12.


The approval capital budget for 2017/2018 includes an amount of R36 900.00 for

Furniture and Fittings (Vote No. 32302.44520.12120.0000.PC84000.0010) which is

grossly insufficient to cater for the Unit’s needs. Furthermore an amount of

R592 500.00 is available for Transport Assets for the Unit (Vote No

32302.42760.12120.0000.CPAS05.0010). However, due to our changing needs and

priority, the Unit intend utilizing the R592 500.00 from this budget allocation to fund

the procurement of the essential resources required as detailed above.



Councillors being in support on the basis that the Community Participation and

Action Support Unit disseminates programmes and information to

Communities, the matter was put to the vote.


AIC –2, MF – 1, DLC – 1, TA – 1 and APC - 1) voted in favour and

58 DA Councillors voted against. 9 Councillors (EFF – 8 and AL JAMA-AH – 1)

abstained from voting.



3.16 Grant-In-Aid: Early Childhood Development Centres Ward 1 – KwaXimba and

Ward 2 Emaphephetheni (7/14/1 & 19/1/1/2/1):




3.16.1 That the Grant-In-Aid of R1 600 000.00 (One Million Six Hundred Thousand Rand)

to be utilised for the construction of the Early Development Centres at Ward 1

KwaXimba and at Ward 2 eMaphephetheni, be approved.

3.16.2 That the Head : Community Participation and Action Support be authorised to incur

expenditure not exceeding R1 600 000.00 (One Million Six Hundred Thousand

Rand) for the construction of the two (2) crèches utilising the option of refurbishing

and converting steel shipping containers.

3.16.3 That a meeting between the Chairpersons of the Community Services Committee and

Human Settlement & Infrastructure Committee be convened to consider other

upcoming programmes from the USDG Grant in order to produce a plan and

thereafter report to the respective Committees.

Vote No. 32301.25030-17.12120.0000.3887.0010 R1 600 000.00

FC No.: 06/10



REFERENCE BACK

In terms of Rule of Order Bylaw 20(1)(c), Councillor SV De Boer, seconded by

Councillor M Meyer, moved as a procedural motion that the above

recommendations of the Executive Committee be referred back to the

Community Services Committee for further consideration.

NOT CARRIED

As some Councillors were not in support of the reference back, the matter was

put to the vote. With 180 Councillors present, 58 DA Councillors voted in

favour and 114 Councillors (ANC – 96, IFP – 7, IND – 4, AIC – 2, MF – 1,

DLC – 1, TA - 1, APC - 1 and AL JAMA-AH - 1) voted against.

7 EFF Councillors abstained from voting.

The above-mentioned motion to refer back was, by the majority vote,

NOT CARRIED.

Thereafter the Council reverted to consideration of the substantive motion and

with 180 Councillors present the above recommendations of the Executive

Committee were unanimously ADOPTED.

3.17 Implementation of Programmes from November 2017 to June 2018 (2/1/5/1):


With the Democratic Alliance abstaining at the Community Services Committee and,

following minor adjustments on the listed projects undertaken thereat,


3.17.1 That the Project Authority be granted to the Head: Community Participation and

Action Support to co-ordinate and implement the programmes as detailed below and

outlined in the report of the City Manager dated 2017-10-31.

3.17.2 That the Head: Community Participation be requested to obtain a Financial

Certificate Number from Treasury Department in order to ensure that funding is

available for programmes earmarked for implementation.

3.17.3 That a close out report be provided for each implemented programme and that it be

submitted to the Committee to undertake its oversight role.

3.17.4 That all procurement of goods and services be undertaken strictly in accordance with

the Supply Chain Management Policy and further cognizance be taken of Circular

No. 83 to control and reduce expenditure.

3.17.5 That an amount of R1 130 000-00 (One Million One Hundred and Thirty Thousand

Rand) be transferred from Vote number: 32302.18655-30.12120.0000.37610.0010

via budget virement to fund the expenditure as detailed below.




Programme Target

Group

Region Responsible

Person

Budget (R) Timeline

Know Your

City

Campaign

(National)

250 children North

Region

M. Shangase 60 000 Nov 2017 to June 2018

Sanitary

Dignity

Campaign

670 children All 6

Regions

M Shangase 100 000 Nov 2017 to June 2018

Vulnerable

Groups

Parliaments

300 people All 6

Regions

M Shangase 200 000 Nov 2017 to June 2018

Senior

Citizens

Golden

Games (Mini

Selection

3 000 Senior

Citizens

All 6

Regions

P Gumede 500 000 April 2018 to June

2018

Abuse

Month

1 000

Senior

Citizens

All 6

Regions

P Gumede 180 000 June 2018

Vulnerable

Groups

Forum

Meetings

600 People All 6

Regions

B Mchunu 90 000 February 2018 to May

2018

All 6

Regions

Sub Total R1 130 000-00

ADOPTED.

3.18 Service Delivery and Budget Implementation Plan (SDBIP) & Organisational

Scorecard – Mid-Year Reporting: July to December 2017 (2/10/1/19):




That the Organisational Scorecard and the Service Delivery and Budget

Implementation plans for the quarter ended 31 December 2017, be noted.

NOTED.

3.19 Annual Report 2016/2017 (11/1/1)



That the Annual Report 2016/2017 with respect to the Community Services,

be noted.

NOTED.



3.20 Expansion of Soup Kitchen Programme (19/1/1/1/2):



3.20.1 That the Head: Community Participation and Action Support be granted authority to

expand the Soup Kitchen Project by adding eighteen (18) sites at an estimated cost of

R1 300 000.00 (One Million Three Hundred Thousand Rand) as well as

implementing operational plan as detailed in the City Manager’s Report dated

2017-10-28.

3.20.2 That subject to .1 above, the Head: Community Participation and Action Support be

authorised to incur the capital and operating expenditure to implement the expansion

of the project.


Capital Expenditure to fund the following infrastructure and equipment essential to

in order for the sites to be operational is estimated at R1 300 000.00 (One Million

Three Hundred Thousand Rand).

Containers 6m x 3m x 16 Fridges 1 x 18

Freezers 1 x 18 Upright Cabinets 1 x 18

Gas Cages 1 x 18 Steel Tables

Plastic Chairs 200 x 18 2 plate gas stoves 2 x 18

A blocksum of R1 300 000.00 (One Million Three Hundred Thousand Rand) has

been provided in the Capital Budget to cater for the equipment

Operating Expenditure of R19 000 000.00 is required for the following:

Bread Supply Grocery Supply

Gas Supply Volunteers Stipend

Large Pots Dicing knives

Chopping boards 20lt Buckets

Sundry Items

FC No. 06/CA17

The Operating Budget of R72 760 000.00 for 2017/2018 provided on vote

32309.14105.19 is sufficient to cover the existing fifty five (55) plus the eighteen

(18) additional Soup Kitchen sites.

ADOPTED.



4. NATAL JOINT MUNICIPAL PENSION FUND: PAYMENT OF BONUS FOR

AFFECTED EMPLOYEES (4/5/1/4)

(Page 24)


4.1 That Council agrees to further augment the pension paid to all affected employees

who retired, or who were medically boarded or who were retrenched in respect of

bonus years benefits in terms of Clause 24B of the Rules of the Natal Joint Municipal

Pension Fund at a total cost of R4 786 632.00 (Four Million Seven Hundred and

Eighty Six Thousand Six Hundred and Thirty Two Rand).

4.2 That as current serving employees achieve their bonus years milestone, the Council

further agrees to augment their pension payouts.

Vote No.: 3107713370; R4 786 632; FC No.: 03/27

ADOPTED.

5. REVIEW OF TARIFF: REVENUE CLEARANCE CERTIFICATE 2018/2019

(7/6/1/5)

(Page 70)


5.1 That the Council of eThekwini Municipality resolves in terms of Section 75A of the

Local Government Municipal Systems Act of 2000 (Act 32 of 2000) and with effect

from 2018-07-01 the tariffs set out in Annexure "A" of the report of the City

Manager dated 2017-11-28, will be levied in respect of the Revenue Clearance

certificate.

5.2 That the City Manager be instructed without delay:-

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

conspicuously:-

(a) On the City Hall Notice Board, and

(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 Radio Stations.

(iii) To send a copy of the notice to the KwaZulu-Natal Member of the

Executive Council (MEC) responsible for Co-operative Governance and

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 75A (2) of the Local

Government: Municipal Systems Act 2000 (Act 32 of 2000) was passed by

the Municipal Council on.....................

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

inspection at:-

(i) City Hall, Dr Pixley kaIsaka Seme Street, Durban

(ii) .............................................. etc

(c) The effective date for the implementation of the said tariff of charges is

2018-07-01.

…………………………………

CITY MANAGER


Date…………………………….

ADOPTED.

6. REVIEW OF VALUATION ROLL TARIFFS: 2018/2019 (7/6/1/5)

(Page 75)


6.1 That the Council of eThekwini Municipality resolves in terms of Section 75A of the

Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that with effect

from 2018-07-01 the tariffs set out in Annexure A of the report by the City Manager

dated 2018-01-25, be levied.

6.2 That subject to the adoption of .1 above, the City Manager be directed to comply

with the provisions of Section 75A (3) and (4) of the said Act.

ADOPTED.

7. AUDIT COMMITTEE CHARTER: 7 JULY 2017 (2/10/1/1)

(Page 77)


That, in line with the requirement to review the Audit Committee Charter on an

annual basis, the revised Audit Committee Charter which, amongst other things, sets

out the status, authority, role and responsibility of the Audit Committee of the

eThekwini Municipality, as annexed in the joint report by the City Manager and

Audit Committee Chairperson dated 2018-01-29 and 2018-01-30 respectively,

be approved.

ADOPTED.



8. INTERNAL AUDIT CHARTER: 7 JULY 2017 (2/10/1/1)

(Page 105)


That in terms of Section 165 of the Municipal Finance Management Act No 56 of

2003 and in line with the requirement to review the Internal Audit Charter on an

annual basis, which, amongst other things, sets out the Internal Audit functions of the

eThekwini Municipality, as annexed in the joint report by the City Manager and

Audit Committee Chairperson dated 2018-01-29 and 2018-01-30 respectively,

be approved.

ADOPTED.

9. REVIEW OF TENDERS ISSUED TARIFFS: 2018/2019 (7/6/1/2)

(Page 122)


9.1 That Council of the eThekwini Municipality resolves in terms of Section 75A of the

Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that, with effect

from 2018-07-01, the tariffs as set out in Annexure A of the report by the City

Manager dated 2018-02-07, be levied.

9.2 That subject to the adoption of .1 above, the City Manager be directed to comply

with the provisions of Section 75A (3) and (4) of the said Act.

ADOPTED.

10. POLICY ON USAGE OF MUNICIPAL VEHICLES BY COUNCILLORS

(8/3/1/8/P)

(Page 124)

Some Members of the Executive Committee questioned whether the policy on usage

of Municipal Vehicles by Councillors had been to a public participation and

contended that the policy was poorly crafted and lacked transparency.

Clarity was provided that Council was bound in terms of the relevant Act to have a

policy that would give administrative effect in dealing with the issue of availability

of Council owned vehicles for use by Councillors. Furthermore the policy could be

reviewed on an annual basis should any challenges arise through its implementation.

With the Executive Committee Members Mncwango, De Boer and Hoosen

dissenting,


That the policy for use of Municipal Vehicles by Councillors in line with

Government Notice No. 313, Determination of Upper Limits of Salaries, Allowances

and Benefits of different members of Municipal Councils, be approved.




recommendations of the Executive Committee, and with majority of the

Councillors being in support of the recommendations, the matter was

put to the vote.

With 174 Councillors present, 110 Councillors (ANC – 91, EFF - 8, IND – 4,

AIC – 2, MF – 1, DLC – 1, TA – 1, APC - 1 and AL JAMAH - 1) voted in favour

and 58 DA Councillors voted against. 6 IFP Councillors abstained from voting.



_______________

(Her Worship the Mayor, Councillor ZRT Gumede, presented the Second

Report of the Executive Committee)

_______________

SECOND REPORT OF THE EXECUTIVE COMMITTEE (Meeting held 2018-02-20)


F Peer (Deputy Mayor), HU De Boer, BA Fortein, S Hoosen, SA Kaunda,

ZM Mncwango, MM Mthembu, MS Nkosi and ZR Sokhabase

_____________

1. ADDENDUM REPORT OF GOVERNANCE AND HUMAN RESOURCES

COMMITTEE: MEETING HELD ON 2018-02-07

(Page R1)

1.1 Progress Report on Ward Committee Functionality (3/6/5):


Progress report was received on the functioning of Ward Committees since their

establishment. The Committee was informed of trainings being provided to Ward

Committees’ Secretaries on Meetings procedures for them to become effective

Secretaries. The Chairpersons of Portfolio Committees were also trained on the role

of their respective Portfolio Committees and issued with Terms of Reference to

provide for a clear scope of their operation. The report also shared the functionality

tool used by the Department of Co-operative Governance and Traditional Affairs

(COGTA) to assess the functionality of Ward Committees. It is important to note that

Community meetings as well as Portfolio Committee meetings form part of a key

requirement by COGTA to measure the functionality. The score in this regard is only

allocated when there is portfolio of evidence in the form of minutes and

attendance registers.



Whilst there is still more work to be done for Ward Committees to reach the

satisfactory standard when it comes to COGTA functionality, it is pleasing to note

that positive progress has been made in that a number of fifty (50) Ward Committees

have been declared functional as at September 2017. The Unit is also in the process

of assisting Ward Committees to develop their Operational Plans and the intention is

to achieve a synergist approach by involving other stakeholders to ensure effective

integration of service delivery plans. A need exists to fully incorporate Ward

Committees across the Municipality for officials to understand that they are the

legislative body which forms part of the Municipality’s Collective Executive System.

This will prompt Units to prioritise service delivery issues raised by the Ward

Committees to achieve good turnaround time in providing feedback report for the

interface role to materialise in its true sense.

The Governance and Human Resources Committee noted update on Ward

Committees as well as recommended interventions to address issues such as payment

of stipend, receipt of meeting documents, amongst others. The recommendations

contained in the report were erroneously omitted from the report of the Governance

and Human Resources Committee considered by the Executive Committee on

2018-02-13.

In the circumstances, it is now necessary to submit the recommendations for the

Executive Committee and Council to be kept abreast of the functioning of the Ward

Committees in their capacity as the legislated advisory body of Council.

At the Executive Committee meeting, in response to clarity being sought on the

challenges relating to Ward Committee members liaising directly with City Officials

and bypassing Ward Councillors, Her Worship the Mayor requested that any

challenges identified be investigated by the Speaker. She made a further request for

the Chairperson of the Economic Development & Planning Committee and the

Deputy City Manager: Economic Development & Planning to formulate a clearly

defined plan in the appointment of Developers to projects.

Thereafter being in agreement,


1.1.1 That the Executive Committee notes progress report on the functionality of Ward

Committees since their establishment in 2016, which process was finalised in 2017

and, through Council, encourages Ward Councillors to maintain regular contact with

the Deputy City Manager: Governance and International Relations to obtain

guidance which might be required on the functioning of Ward Committees to achieve

improved operations in this regard.

1.1.2 That the Executive Committee, through Council, encourages the participation of

Ward Councillors in the process of developing Ward Committee Operational Plans

and the involvement of all relevant Units in a bid to achieve a synergistic approach in

terms of different processes being run by the Municipality thereby achieving

effective and efficient utilisation of Municipal resources.

1.1.3 That the Speaker continues to encourage some of the Ward Councillors to improve

relationships with their Ward Committees to ensure meetings are convened as

scheduled and that community meetings are convened as per the compliance

requirements to ensure local communities are informed of the local

government affairs.



1.1.4 That the Deputy City Manager: Governance and International Relations devise

mechanisms to empower line departments to understand the role of Ward

Committees and the manner in which they should be handled to fulfil their advisory

role within Council.

1.1.5 That the Deputy City Manager: Governance and International Relations strengthens

processes relating to the functioning of Ward Committees including improved ways

to manage receipt of meeting documents from Ward Committee Secretariat and

effectively manage payment and/or suspension of stipend.

1.1.6 That the Executive Committee supports the referral of service delivery matters

coming from the Ward Committees for consideration by the Human Settlements and

Infrastructure Committee or any other relevant Portfolio Committee in a bid to

provide constructive feedback to the Ward Committees on developmental

issues submitted.

ADOPTED.

2. REPORT OF SECURITY AND EMERGENCY SERVICES COMMITTEE:


(Page R3)

2.1 2016/2017 Annual Report:

(Page 20: Security and Emergency Services Committee - Agenda 2018-02-14)


That the Annual Report 2016/2017 with respect to the Community & Emergency

Services Cluster, be noted.

NOTED.

2.2 Service Delivery and Budget Implementation Plan & Organisational

Scorecard - Mid Year Reporting from July to December 2017 (2/10/1/1/9):



That the Organisational Scorecard and the Service Delivery and Budget

Implementation plans for mid-year reporting from July to December 2017 with

respect to the targets of the Security and Emergency Services Committee, be noted.

NOTED.

2.3 Security and Emergency Services Committee Finance Report as at December 2017:



That the Section 71 Finance Report: December 2017 submitted in compliance with

Section 71 of the Municipal Finance Management Act and in terms of the of the

Government Notice 32141 dated 17 April 2009, relating to the “Local Government:

Municipal Finance Management Act 2003, the Municipal Budget and Reporting

Regulations”, with regard to the Security and Emergency Services as at

31 December 2017, be noted.

NOTED.



2.4 Adjustment Budget - February 2018 (Metro Police):



That the report regarding the Final Capital Adjustment Budget 2017/2018 in respect

of the Security and Emergency Services Cluster, be noted.

NOTED.

2.5 Presentation on Let’s Talk About Harm Drugs and Stop the Harm by TBHIV CARE:

(Item on agenda: Security and Emergency Services Committee - Agenda

2018-02-14)

A presentation was made by the company TBHIV CARE to the Security &

Emergency Services Committee in respect of concerns on the issue of needles and

syringes that were dumped on the beach. This was considered to be a serious health

concern.

At the Executive Committee meeting clarity was provided that certain areas of the

North and South beach had been cordoned off due to a large quantity of used

syringes and needles being found. It was subsequently discovered that many of the

syringes had contained drugs and emerging from a presentation by the Durban based

company called TBHIV it was advised that the company had no control of the its

disposal thereof. The Security & Emergency Services Committee had concluded that

the issue of needles were not being properly monitored and controlled. It was further

clarified that the company had entered into a Memorandum of Agreement with both

Provincial and National Governments on the basis that it was currently being

practiced in first world countries and was successful. Being mindful of serious

health concerns,


2.5.1 That the Chairperson of the Security and Emergency Services Committee in liaison

with Chairperson of the Community Services Committee convene a meeting with the

relevant National and Provincial Departments of Health in order to discuss the

memorandum of agreement between the KwaZulu-Natal Provincial Department of

Health and TBHIV CARE in an effort to address the supply of syringes with needles

to members of the public without a properly restricted disposal process by

TBHIV CARE.

2.5.2 That the Head: Legal and Compliance be requested to provide an opinion on the

legality of supplying syringes with needles to communities without ensuring a proper

restricted disposal process by the project owner.

2.5.3 That following the consultation with Province as alluded to .1 above, a

comprehensive presentation on the matter be made to a future meeting of the

Executive Committee.

ADOPTED.



3. REPORT OF ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE:


(Page R5)

3.1 Draft 2018/2019 Municipal Spatial Development Framework to be advertised for

Public Comment (21/5/1):

(Page 1: Economic Development and Planning Committee - Agenda 2018-02-15)


3.1.1 That the Municipal Spatial Development Framework 2018/2019 be advertised for

public comment

3.1.2 That the comments received during the Public Process be considered and an

amended Final Draft Municipal Spatial Development Framework (MSDF) review

2018/2019 be prepared.

3.1.3 That the Draft MSDF Review 2018/2019 be referred to the respective Portfolio

Committees for presentation to understand all implications associated therewith prior

to approving the SDF in May 2018

3.1.4 That the Final Draft MSDF Review 2018/2019 be tabled at the Council meeting in

May 2018 for final adoption.

ADOPTED.

3.2 Inner City Regeneration Implementation Strategy: International Society of City and

Regional Planners (ISOCARP): the Urban Planning Advisory Team (20/1/7/1):

(Page 34 : Economic Development and Planning Committee - Agenda 2018-02-15)


3.2.1 That authority be granted for the Deputy City Manager: Economic Development to

host Urban Planning Advisory Team workshops and activate local team and

associated resources to work with the Urban Planning Advisory Team for 2-3 weeks

in March and August 2018 to unlock key Inner City projects.

3.2.2 That the Deputy City Manager: Economic Development and Planning be mandated

to approve resources and institutional requirements.

3.2.3 That the Deputy City Manager: Finance be mandated to determine and advise on the

requirements of the Municipal Finance Management Act for the payment to host the

Urban Planning Advisory Team Workshops.

3.2.4 That the Deputy City Manager: Economic Development and Planning be mandated

to facilitate a Memorandum of Agreement between the City and Urban Planning

Advisory Team.

3.2.5 That the City Manager be mandated to sign a Memorandum of Agreement (MOA)

with the International Society of City and Regional Planners: Urban Planning

Advisory Team.

Vote: 26810.10975.12120.0000.MRC01.R001

ADOPTED.



3.3 The 2017 D’MOSS Layer Relating to the D’MOSS Policy Applicable to the

eThekwini Municipality (21//8/P):



That approval be granted in terms of Section 28(4) of the Spatial Planning and Land

Use Management Act, 2013 (Act No. 16 of 2013) to the amendment of the D’MOSS

Layer in those areas of the eThekwini Municipality which fall outside the boundaries

of the land use schemes.

REASONS FOR APPROVAL.

3.3.1 In preparing the D’MOSS Layer, cognisance has been taken of the Development

Principles contained under Section 7 of the Spatial Planning and Land Use

Management Act of 2013 (Act No. 16 of 2013).

3.3.2 The proposal is in the public interest, having undergone a rigorous process

which has:

3.3.2.1 Included critical biodiversity areas identified in terms of a systematic

conservation assessment,

3.3.2.2 Removed areas which have been transformed since the adoption of the

2016 Layer,

3.3.2.3 included areas based on Biodiversity Impact Assessment and Environmental

Authorisation outcomes, and

3.3.2.4 Considered the area of inclusion within Ward 105 (Vulamehlo) which was

incorporated into the Municipal area after the 2016 Municipal Elections.

3.3.3 The proposal furthers the vision and development goals of the Municipality by

creating a more effective tool to ensure an environmentally sustainable City whilst

recognising areas where economic development has occurred.

3.3.4 The proposal has undertaken a rigorous participation process which has considered:

3.3.4.1 Internal Departmental requirements;

3.3.4.2 An appropriate method of public participation through the combination of

public advertisements, media releases, individual property owners

notification, notification of Ward Councillors, web site access to

information, City-wide public meetings, and consultation with the

eThekwini Amakosi Forum; and

3.3.4.3 The requests of the public to amend proposals where it has been deemed

appropriate.

3.3.4.5 The proposal is in keeping with best practices through the application of the

Systematic Conservation Assessment process. Further, the proposed 2017 D’MOSS

Layer complies with national environmental requirements for the protection of the

environment. The proposal also complies with the provisions of the Spatial Planning

and Land Use Management Act of 2013 (Act No. 16 of 2013) requirements to

provide sustainable environmental tools.

3.3.4.6 After full consideration of the objections submitted, it is considered that these have

been fully assessed and it has been determined that the extent of the D’MOSS Layer

derived through both scientific and ground truth assessment reflects the best fit for

these properties.

ADOPTED.



3.4 Amendment of the South Scheme by the Amendment of the Development

Facilitation Table of Special Zone 18 to Include Under Additional Control: Point 6:

Erf 1652 Amanzimtoti Shall Be Restricted To a Minimum F.A.R of 3 and a Height

Restriction of 3 Storeys (21/7/8):



That in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning &

Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 28(4) of

the Spatial Planning and Land Use Management Act 16 of 2013, the amendment to

the South Scheme by amending the Development Facilitation Table for a Special

Zone 18 of Erf 1652 Amanzimtoti situated at 1 Rosslyn Road to include under

additional controls: “Point 6”: In the case of Erf 1652 Amanzimtoti, the maximum

permitted FAR shall be 3.0 and the maximum permitted height shall be 6 storeys, be

approved for the following reasons:

● Planning merits for the proposed private hospital has been adequately

demonstrated as the proposed Special Zone 18 which exists in the South

Scheme and the intended changes are in compliance with the existing area.

● Strategic Spatial Planning Branch have supported this application in terms

of the Amanzimtoti CBD Node Plan (2011) which identifies this site as an

opportunity area for Community Services, which includes the following

land uses; Health, Education and Religion.

ADOPTED.

3.5 Amendment of the North Scheme by the Amendment of the Development

Facilitation Table Scheme Controls as they Apply to “Special Zone 10” (a part of the

Dube Tradeport and King Shaka International Airport site) as Contained in the North

Scheme and for the Amendment of the Definition of Airport as it is Currently

Reflected in the North Scheme (21/5/2/1):



That in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning &


the Spatial Planning and Land Use Management Act, (Act 16 of 2013) the

application for amendment of the definition of “Airport” as it is currently reflected in

the North Scheme and the amendment of the Development Facilitation Table Scheme

Controls as contained in Special Zone 10 ( part of the Dube Tradeport and King

Shaka international Airport site) of The Farm La Mercy Airport No. 15124 be

Approved for the following reasons:

3.5.1 The amendment to the zone will bring it in line with the latest airport development

practices. The proposed amendment to the current zone will allow all uses related to

and ancillary to the running/operation of an International Airport and

Tradeport facility.



3.5.2 The proposed amendment to definition of the land use “Airport “is required to

proactively address the regional development imperatives and ensure that

development is facilitated, in accordance with the national and provincial growth

strategies and to ensure the flexibility and ease of use for the developers.

3.5.3 The amendment to the Special Zone 10 will bring the scheme in line with the latest

airport development practices.

This approval is subject to the amendment of definition of Airport and Special Zone

10: Section 7: Development Facilitation Table to now read as follows:

“Airport: means any defined area of land or water intended to be used either wholly

or in part for the arrival, departure, parking or surface movement of aircraft and

includes any buildings, structures and equipment in any such area used ancillary to

in connection with the airport or its administration and includes air rights”.

Furthermore the following amended Development Facilitation Table is to be inserted

into the North Scheme

SPECIAL ZONE 10

Page 1 of 3

SCHEME INTENTION:

• The primary intention of Special Zone 10 is to facilitate the effective development and operation of Dube Tradeport

and King Shaka Airport, as the catalyst contributing to the sustained growth of the Tradeport, the Aerotropolis, the

Special Economic Zone and KwaZulu-Natal Region, and regulate development thereof in the public interest.

• Special Zone 10 will accommodate all activities related to, and ancillary to, the running of an international airport and

Tradeport facility, including provision for passengers, airfreight, logistics, industrial and commercial development

such as passenger movement, airfreight handling and movement, aircraft maintenance, retail, offices, entertainment,

accommodation, hospitality, industry, warehousing, logistics, car hire, parking, agricultural activity, open space,

conservation, infrastructure and the like.

• The zone will provide the necessary flexibility to ensure that the aviation, logistics, economic development and job

creation functions of King Shaka International Airport and Dube Tradeport are met through the appropriate

development of new and enhanced facilities and infrastructure.

MAP REFERENCE: NS / 05 / 2012 COLOUR NOTATION: Black

cross-hatch with ‘SZ 10’ inserted

PRIMARY SPECIAL CONSENT PRECLUDED

• Action Sports Bar

• Agricultural Land

• Airport

• Arts and Crafts Workshop

• Car Wash

• Conservation Area

• Convention Centre

• Crèche

• Display Area

• Dwelling House

• Educational Establishment

• Flat

• Flea Market

• Fuelling and Service Station

• Garden Nursery

• Government / Municipal

• Health & Beauty Clinic

• Health Studio

• Adult Premises

• Agricultural Activity

• BTTS*

• Betting Depot

• Car Rental Motor Workshop*

• Container Depot

• Direct Access Service Centre

• Motor Garage

• Motor Vehicle Test Centre

• Motor Workshop

• Special Building

• Transport Depot

• Truck Stop

• Veterinary Clinic

• Zoological Garden

• Boarding House

• Builder’s Yard

• Cemetery / Crematorium

• Chalet Development

• Correctional Facility

• Escort Agency

• Funeral Parlour

• Industry - Extractive

• Industry – Noxious

• Landfill

• Mobile Home Park & Camping Ground

• Mortuary

• Pet Grooming Parlour

• Reform School

• Restricted Building

• Retirement Centre

• Riding Stables

• Scrap Yard



• Hotel

• Industry – Light

• Industry- General

• Institution

• Laundry

• Museum

• Motor Display Area

• Multiple Unit Development

• Nature Reserve

• Night Club

• Office

• Office – Medical

• Parkade

• Place of Public Entertainment

• Place of Public of Worship

• Private Open Space

• Public Open Space

• Recycling Centre

• Refuse Disposal

• Restaurant / Fast Food Outlet

• Shop

• Warehouse

• Transport Use

SPECIAL ZONE 10

Page 2 of 3

ADDITIONAL CONTROLS

1. Development within Special Zone 10 will be managed through a package of plans consisting of:

a. An approved Development Framework Plan (including a spatial development framework), infrastructure plan,

traffic plan, rehabilitation plan, and overall landscaping plan);

b. Approved Precinct Plans for each of the precincts as identified in the Development Framework Plan;

c. Approved Development Manual and / or Urban Design Guidelines for each Precinct as identified in the

Development Framework Plan.

2. A Dube Tradeport Design and Review Panel comprising of Dube TradePort Corporation (DPTC), Airports

Company South Africa (ACSA), the eThekwini Municipality and any other relevant role players as determined by

these three parties, shall be established to review and make recommendations to the relevant approving authority on

all plans and development within the Zone as per the provisions of the approved Development Framework Plan.

This Panel shall operate within an agreed Terms of Reference.

3. Approval of the Package of Plans will be by the Municipality, only with the positive recommendation of the Dube

TradePort Design and Review Panel.

4. All development rights within Special Zone 10 shall be held in a Development Rights Bank with the total

development rights being as follows:

(a). The maximum Floor Ratio shall be 1.0;

(b). The maximum permissible Coverage shall be 50 % over the Zone;

(c). Development Rights shall be managed / allocated / distributed / transferred in terms of the approved Package of

Plans as amended from time to time.

(d). The Dube TradePort Design and Review Panel shall maintain an accurate and up-to-date record of the use of

Development Rights in a proper and accessible manner, a copy of which shall be supplied to the Head:

Development Planning and Management on an annual basis.

(e). Parking areas (covered and uncovered) shall not be included in Floor Area Ratio.

(d). Awnings, canopies, arbors, colonnades, balconies, or any other similar structure within the sidewalk area and on

individual sites shall not be included in Floor Area Ratio calculations.



(e). Accommodation of motor vehicles and loading areas shall be provided on site as per the approved Package of

Plans or, if no standards have been supplied in the relevant Precinct Plan, to the Municipality’s satisfaction.

(f). Residential usage other than a Hotel shall be limited to staff accommodation.

(g). Space About Buildings: No Building Lines, Side Space, Rear Space or minimum Erf size shall apply unless

specified in the relevant Precinct Plan.

(h). All development within the Zone, including Height is subject to aviation safety requirements as determined by

the Civil Aviation Authority (CAA) Regulations of 1997, prepared in terms of the Aviation Act No 74 of 1962 as

amended and the recommendation of the Dube Tradeport Design and Review Panel.

i. BTTS shall mean Base Telecommunications Transmission Station.

j. For purposes of this Zone: ‘Car Rental Motor Workshop”: means buildings or part thereof used for minor motor

repairs to light motor vehicles that are specifically used for car rental purposes, which may include spray painting,

panel beating and minor motor repairs.

SPECIAL ZONE 10

Page 3 of 3

DEVELOPMENT PARAMETERS

HEIGHT COVERAGE

FLOOR AREA RATIO

A maximum of 6 storeys with the exception of:

• 70 m for air traffic control tower.

• 13 storeys for sites within Support Precinct 1:

Northern Sub-Precinct (Dube City) area.

• As prescribed in the relevant approved

Precinct Plan.

• Height of Communication, Navigation and

Surveillance to be identified and approved by

the Air Traffic and Navigation Services and

Civil Aviation Authority and submitted to the

Dube TradePort Design and Review Panel for

comment and the Municipality for approval.

• The Height of each building is subject to the

approval of Air Traffic and Navigation

Services and Civil Aviation Authority.

• Total Coverage: A maximum permitted

Coverage of 50 % over Zone.

• And as prescribed in the relevant

approved Precinct Plan.

Note: the maximum Coverage of 50 %

does not apply to individual sub-divisions

but to the overall Zone.

• A maximum permitted

Floor Area Ratio of 1.0

over the Zone.

• And as prescribed in the

relevant approved

Precinct Plan.

Note: The maximum

Floor Area Ratio of 1.0

does not apply to

individual sub-divisions

but to the overall Zone.

ADOPTED.

3.6 Amendment of the Outer West Scheme by the Introduction of a New Zone: General

Residential 4 into the Outer West Scheme (21/7/3):



3.6.1 That in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning &


the Spatial Planning and Land use Management Act 16 of 2013 the application to

amend Section 7: Development Facilitation Table of the Outer West Scheme by

introducing a new zone termed General Residential 4 be approved for the

following reasons:



3.6.1.1 That the Outer West spatial Development Plan (2014/2015) indicates that there is an

infill opportunity for more affordable cluster/residential building type housing along

Old Main Road in the short to medium term.

3.6.1.2 That the subject site falls within the Hillcrest Gillits Kloof Conceptual Land Use

Management Plan (HGK LUMP), where a range of mixed uses including affordable

housing is encouraged and the introduction of an appropriate residential zone which

promotes sustainable, well located and diverse housing typology is to be supported.

3.6.1.3 That the proposed new land use zone of General Residential 4 has development

controls that are different to the current zones in the Outer West Scheme and is line

with the Municipality’s goal to curb urban sprawl through appropriate well located

densification.

Furthermore, the following Development Facilitation Table for the proposed General

Residential 4 zone is to be inserted into the Outer West Scheme as follows:

GENERAL RESIDENTIAL 4

Scheme Intention To provide for all types of residential accommodation aimed at

the higher density housing market with a range of ancillary uses

which service the day to day needs of a residential community

Zoning General Residential 4

F.A.R 1.00

Coverage (%) 40%

Height (Storeys) 4

Unit per Hectare N/A

Minimum Erf Area 1800 m²

Primary Uses Conservation Area

Dwelling House

Extended Residential Building

Flat

Laundry

Multiple Unit Development

Residential Building (excludes Hotel)

Consent Uses Boarding House

BTTS

Crèche

Crematorium

Educational Establishment

Garden Nursery

Government/Municipal

Health & Beauty Clinic/Health Studio

Hotel

Institution

Office

Place of public Assembly

Place of Public Worship

Private Recreation Area

Retirement Centre

Special Building

Veterinary Clinic

Prohibited Land Uses All other uses

Building Line 7.5m

Side Space 3.0m



Rear Space 3.0m

Parking As per applicable land uses

ADOPTED.

3.7 Amendment of the Durban Scheme by the Amendment of Special Zone 64:

Effingham – Avoca Regulation Contained in Appendix 2 of the Durban Scheme by

Amending the Final Development Concept Plan Being Referred to Therein (21/7/3):

(Page 122 : Economic Development and Planning Committee – Agenda 2018-02-15)




the Spatial Planning and Land use Management (Act 16 of 2013) the application for

the amendment of Appendix 2 of the Durban Scheme by the amendment of the

Special Zone 64: Effingham-Avoca be approved for the following reasons:

(a) that proposed rezoning and consolidation are fully supported from a planning

perspective; and

(b) the amendments to the Scheme Regulations are necessary in order to give

effect to the recommendation by the Land Use Management Branch to

approve an application for the rezoning of the Remainder of Erf 10 Duiker

Fontein situated at 309 Rosary Road from Special Residential 650 and New

Street (with a Metropolitan Open Space System overlay) to Special Zone

64: Effingham-Avoca (with a Metropolitan Open Space System overlay)

and the consolidation of the said property with Portion 83 of Erf 1

Riverhorse Valley situated at 5 Imvubupark Place so as to form Erf 44

Riverhorse Valley.

3.7.2 That the following changes are to be effected in respect of the Special Zone 64:

Effingham Avoca Scheme Regulations:

(a) Amend the boundary of the Final development Concept Plan for Special

Zone 64 to include the Remainder of Erf 10 Duiker Fontein into the

Industrial and Commercial Land Use Component.

(b) Amend the plan number on the Final Development Concept Plan from

RHVBE08/FDCP/04-2014 to RHVBE 09/FDCP/03-2017 and change the

date on the plan from 2014-04-14 to March 2017.

(c) In Clause 1 of the Scheme Regulations: Change the Final Development

Concept Plan reference number from RVBE 08/FDCP/04-2014 to RHVBE

09/FDCP/03-2017;

(d) In Clause 2 (n) of the Scheme Regulations: Change the Final Development

Concept Plan reference number from RHVBE 04/FDCP/01-2004 to

RHVBE 09/FDCP/03-2017;

ADOPTED.



3.8 Amendment of the Durban Scheme by the Amendment of Appendix 9: Introduction

of a New Special Zone: Umlazi Station Zone On Portion 106 of the Farm Umlazi

Mission Reserve No.8309, 75 Sokesimbone Road (21/7/3):





the Spatial Planning and Land Use Management Act 16 of 2013 the application for

the amendment to the Durban Scheme by the introduction of the new Special Zone:

Umlazi Station be approved for the following reasons:

● Planning merits for the amendment of the Durban Scheme has been

adequately demonstrated. The site has remained underutilized because the

zone does not allow for the full utilization of the potential of the site.

The development is also expected to have a catalytic effect on development

in the surrounding area in Umlazi. The proposed development would enable

the site to be used to its full potential.

● The application is in keeping with the strategic intentions of eThekwini and,

addresses the requirements of the Southern Public Transport Corridor Plan,

the South Spatial Development Plan (SSDP 2014/2015) as it promotes the

development based on an integrated transit oriented approach to

densification within the Umlazi Station area. Furthermore the Umlazi

Station is earmarked for the feeder facility (taxi rank) as part of the

eThekwini Municipality’s Integrated Rapid Public Transport network

(IRPTN).

The following table in relation to Special Zone: Umlazi Station is to be inserted into

the Durban Scheme in Appendix 9:

SPECIAL ZONE: UMLAZI STATION

PRIMARY CONSENT PRECLUDED

Arts and Crafts

Workshop

Ancillary Unit

Bed and Breakfast

Establishment

Boarding House

Bottle Store

Car Wash

Clinic

Commercial Workshop

Dwelling Unit

Dwelling House

Fast Food Outlet

Guest House

Establishment

Hotel

Informal Trading Area

Market

Mixed Use Development

Multi Use Development

Office – Medical

Office- General

Office- Public

Place of Entertainment

BTTS•

Child Minder Service

Crèche

Educational

Establishment

Fuelling and Service

Station

Hospital

Place of Public

Assembly

Place of Worship

Special Building

Agricultural

Activity

Agricultural Land

Animal Facility

Builders’ Yard

Cemetery

Children’s Home

Conservation

Reserve

Correctional

Facility

Crematorium

Funeral Parlour

Haven

Home Business

Industry- Service

Industry-Light

Institutional Building

Mortuary

Motor Display Area

Motor Garage

Motor Workshop

Museum

Night Club

Recreation Ground

Recycling Centre

Reform School

Refuse Disposal

Restricted Building

Retirement Centre

Sand mining

Scrap Yard

Shelter

Small Scale

Agriculture

Sports Grounds

Tavern

Warehouse



Private Open Space

Public Open Space

Railway Facilities

Restaurant

Shop

Spaza Shop

Student Accommodation

Totalisator

Traditional Lifestyle Use

Transport Depot

Utilities Facility

Veterinary Clinic

• BTTS: Base Telecommunications Transmission Station

ADOPTED.

3.9 Proposed Amendment of the Outer West Scheme by the Amendment of Section 7:

Development Facilitation Table Transition Zone 1 by Including Additional Control 7

Under Clause 7 to Allow Office-Medical and Crèche Only by Special Consent in

Respect of the Following Properties: Erf 472, Portion 1 of Erf 476, the Remainder of

Erf 477, Erf 479, Potion 1 of Erf 479 and Erf 459 All of Gillitts (for Refusal)

(21/7/11):



3.9.1 That in terms of Chapter 2, Section 13(1)(b) of the KwaZulu-Natal Planning &


the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) the

proposed amendment of the Outer West Scheme by the amendment of Section 7,

Development Facilitation Table, Transition Zone 1 by including additional control 7

under Clause 7 to allow Office-Medical and Creche only by special consent in

respect of the following properties; Erf 472, Portion 1 Of Erf 476, The Remainder Of

Erf 476, Portion 1 Of Erf 477, The Remainder Of Erf 477, Erf 479, Portion 1 Of Erf

479 And Erf 459 all of Gillitts , be REFUSED for the following reason:

(a) The primary component of the overall application (the rezoning of the

application sites from Special Residential 1800 to Transition Zone 1) is

contrary to the provisions of section 22 (1) of the Spatial Planning and Land

Use Management Act (Act no. 16 of 2013) as the proposal is not consistent

with the recommendations of the Spatial Development Framework

(2015/16) in that this area is to be retained as residential. The proposed zone

is therefore recommended for refusal which therefore means that the

amendment of the provisions of the proposed zone, in respect of the

application sites, is a moot point.

ADOPTED.



3.10 Amendment of the North Scheme Section 7: Amendment of the Development

Facilitation Table for the Business Centre 1 Zone in the Scheme by the Inclusion of a

Fueling and Service Station as a Primary Land Use Right Applicable to Portion 821

of the Farm Lot 31 No. 1560 Umhlanga Rocks (21/5/2/1):


With the Democratic Alliance dissenting at the Economic Development Committee,




the Spatial Planning and Land Use Management Act 16 of 2013 the application for

the amendment to the North Scheme by Section 8, Development Facilitation Table

for the Business Centre 1 Zone in the North Scheme by the inclusion of a Fueling

and Service station as a primary land use right, be approved for the following

reasons:

● The proposed use will have no implications for any other property as

Portion 821 of Farm Lot 31 No.1560 is the only site in the North region that

is presently zoned Business Centre 1

● The application is supported based on the rapid growth in development of

the gateway precinct and new Town centre which is directly associated with

increased traffic volumes, thus creating a demand for fuelling and service

stations. The fuel and demand assessment provided by the applicant

confirms that there is sufficient demand for another fuelling and service

station without detracting from the operational viability of the existing

fuelling and service stations within the Umhlanga New Town Centre.

● The amendment to the scheme will be desirable as the purpose of the

business Centre 1 zone is to accommodate a wide range of recreational,

entertainment, shopping and creation of a harmonious well balanced

Business Centre of the highest aesthetic, landscaping and urban

design quality.

ZONE: BUSINESS

CENTRE 1

SCHEME INTENTION: The purpose of the Zone will be to accommodate a wide range of recreational, residential,

entertainment, shopping and business or economically related activities in such a way that the site contributes the

creation of a harmonious well balanced Business Centre of the highest aesthetic, landscaping and urban design quality.

MAP REFERENCE: NS / 05 / 2012 COLOUR

NOTATION: Blue with ‘BC1’ inserted

PRIMARY SPECIAL CONSENT

PRECLUDED



• Action Sports Bar

• Arts and Crafts

Workshop

•Conservation Area

• Convention Centre

• Crèche

• Display Area

• Educational

Establishment

• Flea Market

• Fuelling and

Service Station

• Garden Nursery

• Government /

Municipal

• Health & Beauty

Clinic

• Health Studio

• Hotel

• Laundry

• Office

• Office – Medical

• Parkade

• Place of Public

Entertainment

• Private Open

Space

• Public Open Space

• Restaurant / Fast

Food Outlet

• Shop

• BTTS*

• Adult Premises

• Betting Depot

• Car Wash

• Night Club

• Pet Grooming Parlour

• Special Building

• Agricultural Activity

• Agricultural Land

• Airport

• Boarding House

• Builder’s Yard

• Cemetery / Crematorium

• Chalet Development

• Container Depot

• Correctional Facility

• Direct Access Service

Centre

• Dwelling House

• Escort Agency

• Flat

• Fuelling and Service

Station

• Funeral Parlour

• Industry - Extractive

• Industry – General

• Industry – Light

• Industry – Noxious

• Institution

• Landfill

• Mobile Home Park &

Camping Ground

• Mortuary

• Motor Garage

• Motor Display Area

• Motor Vehicle Test Centre

• Motor Workshop

• Multiple Unit Development

• Museum

• Nature Reserve

• Place of Public of Worship

• Recycling Centre

• Reform School

• Refuse Disposal

• Retirement Centre

• Restricted Building

• Riding Stables

• Scrap Yard

• Transport Depot

• Truck Stop

• Veterinary Clinic

• Warehouse

• Zoological Garden

ADDITIONAL CONTROLS

1. All landscaping to the satisfaction of the Municipality.

2. BTTS shall mean Base Telecommunications Transmission Station.

DEVELOPMENT PARAMETERS

SPACE ABOUT

BUILDINGS

DWELLING

UNITS PER

HECTARE

MINIMUM

ERF SIZE

HEIGHT

IN

STOREYS

COVERAGE FLOOR AREA

RATIO

BUILDING

LINE

SIDE &

REAR

SPACE

5.0 m 5.0 m Not Applicable One

Hectare

5 35 % 0.75



Councillors being in support of the recommendations, the matter was put

to the vote.


AIC – 2, MF – 1, TA – 1, APC – 1 and AL-JAMAH - 1) voted in favour and 6

EFF Councillors voted against. 57 DA Councillors abstained from voting.





3.11 Motivation for eThekwini Municipality to Enter into a Memorandum of

Understanding with the C40 Cities Finance Facility (32/1/4/1):

(Page 177: Economic Development and Planning Committee - Agenda 2018-02-15)

At the Executive Committee it was requested that further information is required to

obtain details of the Sihlanzimvelo Programme, its role in the greater scheme of

things and successes achieved to date. Committee was also requested to be mindful

that the Memorandum of Understanding would be signed with the C40 Cities

Finance Facility, hence a presentation was imperative, prior to signing of the

memorandum.

Accordingly,


3.11.1 That authority be granted to eThekwini Municipality to enter into a Memorandum of

Understanding (MOU) with the C40 Cities Finance Facility in order to facilitate

support for the development of a business case, and identification of financing

options, for the Sihlanzimvelo Programme.

3.11.2 That authority be granted to the City Manager to sign MOU, alluded to in .1 above,

on behalf of eThekwini Municipality.

3.11.3 That prior to signing the MOU referred to in .1 above, a presentation be made to the

Executive Committee outlining details in respect of the Sihlanzimvelo Programme,

its role in the greater scheme of things and successes achieved to date.

MOTION TO AMEND

In terms of Rule of Order Bylaw 20(4) Councillor NI Madlala, seconded by

Councillor R Hlophe, moved as a procedural motion that the above

recommendations of the Executive Committee be amended in 3.11.3 thereof by

the deletion of the words “Executive Committee” and by the substitution

therefor of the words “Economic Development and Planning Committee” to

read as follows:

“3.11.3 That prior to signing the MOU referred to in .1 above, a presentation

be made to the Economic Development and Planning Committee

outlining details in respect of the Sihlanzimvelo Programme, its role in

the greater scheme of things and successes achieved to date.”

CARRIED

The above-mentioned motion to amend was unanimously CARRIED.

Thereafter, it was

RESOLVED:

3.11.1 That authority be granted to eThekwini Municipality to enter into a

Memorandum of Understanding (MOU) with the C40 Cities Finance Facility in

order to facilitate support for the development of a business case, and

identification of financing options, for the Sihlanzimvelo Programme.



3.11.2 That authority be granted to the City Manager to sign MOU, alluded to

in .1 above, on behalf of eThekwini Municipality.

3.11.3 That prior to signing the MOU referred to in .1 above, a presentation be made

to the Economic Development and Planning Committee outlining details in

respect of the Sihlanzimvelo Programme, its role in the greater scheme of things

and successes achieved to date.

3.12 KwaMashu Town Centre: Skills Development Facility (17/2/2/1/2):

(Page 247 : Economic Development and Planning Committee – Supplementary

Agenda 2018-02-15)


3.12.1 That the earlier Council resolutions of 2009-12-03, as reflected in Appendix 1,

be rescinded in total;

3.12.2 That subject to the adoption of .1 above, the Head: Real Estate be authorised to

allocate the property descripted as Erf 2 of KwaMashu P and as depicted in the

Survey Hand Plan SJ4510/5 in Appendix 2 to the eThekwini Municipality Academy

formerly known as the Skills Development Unit.

3.12.3 That subject to the adoption of .1 and .2 above authority be granted to the City

Manager to enter into a Memorandum of Agreement with Samsung Electronics

South Africa (Proprietary) Limited and Coastal KZN TVET College: and

3.12.4 That subject to the adoption of .1, .2 and .3 above, the Head: eThekwini Municipal

Academy be mandated to take a proposal for a public-private partnership, required

for the delivery of the envisaged skills development programme, to the Bid

Adjudication Committee for its consideration.

Financial details: no FC required

ADOPTED.

3.13 Planning Sector Tariffs – 2018/2019 Financial Year (7/6/1/6):


Agenda 2018-02-15)


3.13.1 That the Council of eThekwini Municipality resolve in terms of section 75A of Local

Government Municipal System Act of 2000 (ACT 32 of 2000) that with effect from

2018-07-01 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.

3.13.2 That the City Manager be instructed without delay:


conspicuously:-

(a) on the City Hall Notice Board, and

(b) at such other places within the Municipality as the City Manager may

determine,




through the relevant media platforms,

(iii) To send a copy of 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:


(a) A resolution of the kind contemplated in section 75A (2) of the Local

Government: Municipal Act 2000 (Act 32 of 2000) was passed by the

Municipal Council on……………….


inspection at:

(i) City Hall, West Street, Durban

(ii) …………………………...etc.


2017-07-01.

…………………………

CITY MANAGER


Date………………………….....



Councillors being in support of the recommendations, the matter was

put to the vote.

With 175 Councillors present, 119 Councillors (ANC – 96, IFP – 7, EFF – 7,

IND – 3, AIC – 2, MF – 1, TA – 1, APC – 1 and AL-JAMAH - 1) voted in favour

and 56 DA Councillors voted against. There were no abstentions recorded.



3.14 Business Licensing Tariffs: 2018/2019 (7/6/1/6):


Agenda 2018-02-15)


3.14.1 That all “present tariffs” as reflected in Annexure A (Tariffs 2017/2018) attached to

the report, as imposed by the municipality, be hereby rescinded with effect from

2018-06-30.



3.14.2 That subject to the adoption of 1above the proposed tariffs including vat as set out in

Annexure A (tariffs 2018/2019), attached to the report dated 2018-01-18 be adopted

with effect from 2018-07-01.

3.14.3 That the City Manager be required:-


conspicuously:-

(a) on the City Hall Notice Board, and

(b) at such other places within the Municipality as the City Manager may

determine,

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






inspection at:


(ii) …………………………...etc.


2018-07-01.

(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.




to the vote.








3.15 Review of Tariffs: 2018/2019: Bulk Fresh Produce Market (7/6/1/6):


Agenda 2018-02-15)


3.15.1 That the Council of eThekwini Municipality resolve in term of section 75A of Local

Government Municipal System Act of 2000 (ACT 32 of 2000) that with effect from

2018-07-01 the tariffs set out in annexure “A” of the report of the Head: Business

Support, Tourism and Markets dated 2018-01-02 will be levied in respect of the

Fresh produce Market.

3.15.2 That the City Manager be instructed without delay:-


conspicuously:-

(a) On the City Hall Notice Board, and

(b) At such other places within the Municipality as the City Manager may

determine,


through the relevant Radio Stations,

(iii) To send a copy of 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:






inspection at:


(ii) …………………………...etc.


2018-07-01.

…………………………

CITY MANAGER


Date…………………………….

ADOPTED.



3.16 Review of Tariffs: 2018/2019: Itinerant Traders, Street Traders, Hive Sites &

Containers (7/6/1/6):


Agenda 2018-02-15)


3.16.1 That with effect from 2018-07-01 a 5% increase in tariffs be applicable as set out in

Annexure A.

3.16.2 That subject to the adoption of .1 above, the Head: Business Support Unit proceed

with negotiations of 2019/20 and 2020/21.

3.16.3 That subject to adoption of .1 above, the City Manager be directed to comply with

provision of Section 75A (3) and (4) of the said Act.




to the vote.






3.17 Review of Tariffs: 2018/2019: Retail Markets (7/6/1/6):


Agenda 2018-02-15)

With Executive Committee Members Mncwango and De Boer abstaining and with

Executive Committee Member Hoosen having left the meeting,


3.17.1 That with effect from 2018-07-01 a 5% increase in tariffs be applicable as set out in

Annexure A

3.17.2 That subject to the adoption of 1 above, the Head: Business Support Tourism &

Markets Unit proceed with negotiations of 2019/20 and 2020/21.

3.17.3 That subject to adoption of .1 above, the City Manager be directed to comply with

provision of Section 75A (3) and (4) of the said Act.




to the vote.








3.18 2017/2018 Adjustment Budget Statement for the Period Ending 2017-12-31

(7/1/2/2):


Agenda 2018-02-15)

With the Democratic Alliance abstaining,


That in accordance with the provisions of Section 28 of the Municipal Finance

Management Act, and in compliance with Municipal Budget and reporting

Regulations, the adjustment request to the 2017/2018 budget for the Economic

Development and Planning cluster as reflected in Annexure “A” of the report by the

City Manager for the period ending 2017-12-31, be approved.

NOTED.

3.19 Durban’s Destination Promotion Campaign Including Event Partnerships Leveraging

for the Financial Years of 2017/2018, 2018/2019 and 2019/2020 (20/1/4/3):


Agenda 2018-02-15)

The Committee looked into factors impacting on tourism visitor numbers which is

also dependent on tourism by competing cities. Meanwhile the city was commended

for their initiative in supporting events thereby attracting visitors to the City.

With Executive Committee Members Mncwango and De Boer of the Democratic

Alliance abstaining on the basis that there was a downward trend in tourism figures,


3.19.1 That Durban’s Destination Tourism Promotion Campaign for the period of February

to July 2018 as an intervention to the declined visitor numbers be approved.

3.19.2 That the annual City’s Event Partnership with various events listed events for the

financial years of 2017/2018, 2018/2019 and 2019/2020 against various City’s rights

and benefits, be approved.

3.19.3 That authority be granted to the Deputy City Manager (Economic Development and

Planning) as well as the Acting Head: Business Support Tourism and Markets Unit to

engage with the event organisers for the City’s benefits and rights to leverage and

profile the Durban destination promotion campaign.

3.19.4 That authority be granted to the City Manager to conclude contracts with the various

event partners against the partnership investment framework as outlined in the report

by the City Manager dated 2018-02-09, in compliance with the Municipal Finance

Management Act.



Financial Implications

The budget implications for the Durban Tourism’s destination promotion campaign

event leveraging is R2 900 000.00 (Two Million Nine Hundred Thousand Rand)

excluding VAT, which has been provided for in the financial years of 2017/2018,

2018/2019 and 2019/2020.

Year No. of Events Partnership Investment

(excl.

VAT)

VAT Partnership Investment

(incl.

VAT)

2017/2018 3 R2 900 000.00 R406 000.00 R3 306 000.00

2018/2019 3 R2 900 000.00 R406 000.00 R3 306 000.00

2019/2020 3 R2 900 000.00 R406 000.00 R3 306 000.00

Vote No.: 26003.22710.30.12120.0000.53500-44.0010 R 700 000.00

26003.22710.24.12120.0000.53500-44.0010 R 2 200 000.00

F.C No. 13/12


recommendations of the Executive Committee on the basis of there being a

downward trend in tourism figures, and with majority of the Councillors being

in support of the recommendations, the matter was put to the vote.


AIC – 2, MF – 1, TA – 1, APC – 1 and AL-JAMAH - 1) voted in favour and 57

DA Councillors voted against. 7 EFF Councillors abstained from voting.



4. REQUEST TO BORROW R1.0 BILLION FOR CAPITAL PROJECTS (7/3/1/1/2)

(Page 26)

The importance for the City to endeavor to collect amounts owed by other

government departments prior to considering borrowing was stressed.

Clarity was then provided that the borrowing was in respect of Capital projects with

all the necessary National Treasury compliance having been met and further that

cognizance is taken of the intention to increase debt collection.

Thereafter,


4.1 That Council grants approval, in principle, for the raising of long term debt finance

for capital projects of R1 Billion (One Billion Rand), at a fixed interest rate for a

tenor of fifteen (15) years, as approved in the medium term budget from the preferred

lender - Nedbank Limited, subject to Section 46 of the Local Government: Municipal

Finance Management Act No. 56 of 2003 read with the Municipal Regulations of

Debts Disclosure issued under Notice GNR dated 05 June 2017.



4.2 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.

Councillor MM Mthembu, seconded by Councillor BA Fortein, proposed that in

view of further discussions which needed to take place in respect of the above

matter, consideration of the above recommendations of the Executive

Committee be DEFERRED to a special meeting of the Council.

As the above-mentioned proposal was unanimously agreed by Councillors,

it was,

RESOLVED:

That in view of further discussions which need to take place, consideration of

the item entitled Request to Borrow R1.0 Billion for Capital Projects, be

deferred to a special meeting of the Council to be held on or before

28 February 2018.

5. TOOLS OF TRADE: IN TERMS OF GOVERNMENT GAZETTE NOTICE NO

41335 DATED 15 DECEMBER 2017 (3/5/4)

(Page 124)


That the contents of the Kwazulu-Natal Department of Co-operative Governance &

Traditional Affairs’ circular No 1 of 2018 dated 22 January 2018 entitled Tools of

Trade: In terms of Government Notice No 41335 dated 15 December 2017 be noted,

as it relates to the requirement to obtain concurrence of the MEC of COGTA should

the Municipality opt to grant official accommodation and furniture for Mayors, and

also outlines the process as well as compliance requirements in relation to the

provision of personal security to Councillors.

NOTED.

6. PROGRESS REPORT ON ETHEKWINI GROUNDWATER FEASIBILITY

STUDY (23/1/4)

(Page 126)

It was considered important to obtain funding from the Integrated City Development

Grant (ICDG) for the eThekwini Groundwater Feasibility Study, it being noted that a

comprehensive report would be submitted to a future meeting of the

Executive Committee.


6.1 That the progress report on the Groundwater Feasibility Study which is a research

and development initiative and entails the investigation of the feasibility of utilizing

groundwater as a resource within the eThekwini Municipality, be noted, it being

recorded that the study will be over a period of 30 months and will directly address

numerous issues, namely; status quo, baseline groundwater conditions, water supply

and availability of the water aquifers.



6.2 That whilst provision has been made in the 2018/2019 and 2019/2020 financial years

to undertake the project at a cost of R20 000 000,00 (Twenty Million Rand) and in

order not to over-burden the ratepayers, the budget for the study be obtained from the

Integrated City Development Grant and that a comprehensive report be submitted to

a future meeting of the Executive Committee.

ADOPTED.

7. REPORT ON INVESTMENTS FOR THE PERIOD 31 DECEMBER 2017 TO

31 JANUARY 2018 (7/11/4)

(Page 131)


That the report on investments for the eThekwini Municipality as at 2018-01-31,

which records the total funds invested at financial institutions as R6 352 000.00

(Six Million, Three Hundred and Fifty Two Thousand Rand) at an average rate of

return on investments of 8.01%, as submitted by the City Manager and detailed in his

report dated 2018-02-16, in line with the requirements of the Municipal Cash

Management and Investment Regulations of the Municipal Finance Management

Act, 2003, be noted.

NOTED.

8. REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF

JANUARY 2018 (9/1/3)

(Page 137)

The Committee interrogated the awards made by the City during the month of

January where certain issues had been raised about continued utilization of Section

36 to award tenders, ensuring companies submit tax numbers and clarity being

provided on the acquisition of the land in respect of Rainbow Chicken farm.

In the circumstances


8.1 That the report of the City Manager dated 2018-02-12 relative to awards made by the

City for the month of January, as presented, be noted.

8.2 That it be noted that where the information is available for wards and registration

numbers, it is included in the report, as information used to compile the report is

taken from submissions made by the Units.

8.3 That the City Manager reserves the right to investigate the awards with a view to

taking disciplinary, criminal and recovery actions where willful and negligent

violation of Supply Chain Management Policies and Municipal Finance Management

Act provisions are observed.



8.4 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 8.1 and 8.2 NOTED and Recommendations 8.3 and 8.4

ADOPTED.

_______________

(The undermentioned Third Report of the Executive Committee was presented

by Her Worship the Mayor, Councillor ZRT Gumede earlier on in the

proceedings)

_______________

THIRD REPORT OF THE EXECUTIVE COMMITTEE (Special meeting held 2018-02-22)


F Peer (Deputy Mayor), HU De Boer, BA Fortein, S Hoosen, SA Kaunda,

ZM Mncwango, MM Mthembu, MS Nkosi and ZR Sokhabase.

______________

1. ETHEKWINI MUNICIPALITY ADJUSTMENTS BUDGET 2017/2018 (7/1/3/2)

(Page 1)

The adjustments budget 2017/18 has been scrutinized by the relevant Council

Portfolio Committees to critically analyze aspects relating to the Municipal Clusters

falling within their jurisdiction. There is no additional funding required but the

adjustments budget entails the reallocation of budgets between votes to ensure

operational efficiencies as well as reprioritization of projects. Other elements of the

adjustments budget involve the adjustments in respect of grant funding allocation to

the Municipality as well as repairs and maintenance to infrastructure as a result of

storm damage. The Municipality has satisfied the requirements by the National

Treasury in undertaking the adjustments budget and is also in compliance with the

requirements of Section 28 of the Municipal Finance Management Act.

The Executive Committee Members of the Democratic Alliance and the Inkatha

Freedom Party recorded their abstention at this stage until the adjustments budget is

discussed at their respective Caucuses.

With the majority Executive Committee Members of the African National Congress

supporting the adjustments budget in view of necessary compliance requirements

having been achieved,


1.1 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 2017/2018 Budget of eThekwini Municipality

(Parent Municipality) as reflected in Annexure ‘A’ of the report of the City Manager

dated 2018-02-20, be approved, it being recorded that the approval of the capital

adjustments budget constitutes project approval of the specific projects.



1.2 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 2018-02-20, be noted, in compliance with Section 87 of the

Municipal Finance Management Act.

During discussion some Councillors indicated that they were not in support of

the above-mentioned recommendations of the Executive Committee, contending

that poor planning had led to the budget not being utilized within the financial

year. The point was also made that there had been insufficient time to peruse

the adjustments budget in view of the documents not being circulated timeously.

However, majority of the Councillors indicated their support for the

adjustment in the budget, citing that due to unexpected delays it had not been

possible to complete projects within the financial year and therefore the funds

needed to be utilized for other projects in an endeavor for service delivery to

progress. Further it was also explained that the Adjustments Budget had been

submitted to all Support Committees for consideration in the first instance.

The matter was thereafter put to the vote. With 194 Councillors present,

120 Councillors (ANC – 111, IND – 3, AIC – 2, MF – 1, TA – 1, MOSA – 1 and

APC – 1) voted in favour and 58 DA Councillors voted against. 16 Councillors

(IFP – 7, EFF – 8 and AL JAMA-AH – 1) abstained from voting.



________________

REPORT OF COMMITTEE DECISIONS

1. COMMUNITY SERVICES COMMITTEE

Meeting held on : 2017-11-23

2. EXECUTIVE COMMITTEE

Meetings held on : 2018-01-23

: 2018-01-30

3. SPEAKER’S COMMITTEE

Meeting held on : 2018-01-29

NOTED.

_______________



ITEMS FOR NOTING

The Items for Noting, reflected on Page 28 of the Agenda were NOTED.

__________________

The meeting terminated at 16:00

CONFIRMED AT THE MEETING OF THE ETHEKWINI COUNCIL ON 2018-03-28

SPEAKER

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