decisions - council - 2015-08-26 - durban minutes and d… · web viewq1, 2 & 3 informal...

KRR(2015-08-26)(SAM)[CHALL-133796] 2015-08-28

COUNCIL DECISION CIRCULAR : MEETING HELD ON 2015-08-26

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2015-08-26.

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

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

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

- 2 - Council Decisions - 2015-08-26

1. FIRST REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2015-08-11

1.1 AUDIT COMMITTEE REPORT AND MAYOR’S COMMITMENT TO AUDITOR-GENERAL SOUTH AFRICA AS AT JUNE 2015 (2/10/1/1)

(Page 43)

COMMITTEE RECOMMENDS:

1.1.1 That Council notes that all commitments made by His Worship the Mayor to the Auditor-General in pursuit of good governance and clean administration have been fulfilled, as per the details contained in the report by the City Manager dated July 2015, with the exception of the issue relating to the establishment of the Disciplinary Board on financial misconduct but which is currently in progress.

1.1.2 That the Executive Committee notes that 56% of the issues raised by the Internal Audit Unit and the Auditor-General have been addressed with 44% still in the process of being resolved and the actual progress report in terms of issues raised as at June 2015 is contained in the report by the City Manager dated July 2015.ADOPTED.

1.2 PROGRESS REPORT ON NON-REVENUE WATER REDUCTION INTERVENTIONS AS AT 31 MARCH 2015: Q3 2014/15 FY: WS 2015/106 (23/1/11/6/4)

(Page 92)


1.2.1 That the progress report on Non-Revenue Water (NRW) reduction interventions as at 31 March 2015, as contained in the report by the Head: Water and Sanitation dated 2015-06-18, which outlined, amongst other things, positive progress made by the Water and Sanitation Unit by installing new pressure reducing valves (prv’s), removing illegal connections, metering unmetered properties; maintaining existing prv’s; and conducting active leak detection, be noted.

1.2.2 That in view of looming drought which will have a negative impact on the system and the citizens, the City rallies for the implementation of the Smithfield Dam to be expedited as the City will be at increasing risk of reduced water availability until this scheme is commissioned.

1.2.3 That in order to achieve the medium-term target of 25% NRW by volume by June 2019, it is imperative that the budget detailed in the NRW Business Plan is provided in future financial years, it being recorded that the current budget provision for Mains Replacement is less than 10% of what is required and thus a need to increase this budget.

1.2.4 That a presentation on Non-Revenue Water Reduction interventions for the quarter ended June 2015 be made to the Executive Committee meeting scheduled for September 2015.ADOPTED.


1.3 REQUEST FOR APPROVAL IN TERMS OF SECTION 116(3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT TO AMEND THE APPOINTMENT OF THE CONTRACTOR UNDER CONTRACT NO. 1H-12109 TO INCLUDE PROJECT MANAGEMENT FOR ALTERNATIVE TECHNOLOGY HOUSES (9/1/4) & 22/7/1/1/2)

(Page 108)


1.3.1 That an amendment to Contract No.1H-12109 to include project management for detailed planning, designing, documentation, construction for alternative technology houses, in terms of Section 116(3) of the Municipal Finance Management Act, which will necessitate the extension of contract by a further 36 (thirty six) months, be approved for the following reasons:

1.3.1.1 The Service provider meets the requirements of project management profession because they are registered with the South African Council for Construction and Project Management Professions (SACPCMP) and possess required experience, skills and qualifications for housing delivery.

1.3.1.2 It is in the best interest of Council to amend and include the scope as contained in the report of the City Manager in order to avoid delays and deliver these critically urgent projects and assist the Municipality to enhance service delivery.

1.3.2 That subject to the adoption of .1 above, public notices be advertised in the relevant media, in terms of Section 116 (3) of the Municipal Finance Management Act requesting comments and/or objections to the proposed amendments to Contract No. 1H-12109.ADOPTED.

1.4 REQUEST FOR HIS WORSHIP THE MAYOR, COUNCILLOR JS NXUMALO, TO ATTEND THE TWENTY-FIRST CONFERENCE OF THE PARTIES ANNUAL CLIMATE CHANGE NEGOTIATIONS (COP 21) TO BE HELD FROM 01 TO 10 DECEMBER 2015 IN PARIS, FRANCE 2015 (14/1)

(Page 112)


1.4.1 That authority be granted for His Worship the Mayor, Councillor James Nxumalo, to travel to Paris, France, to attend the Twenty-First Conference of the Parties Annual Climate Change Negotiations to be held from 01 to 10 December 2015 at an estimated cost of R113 699.30 (One Hundred and Thirteen Thousand Six Hundred and Ninety Nine Rand Thirty Cents only).

4.2 That His Worship the Mayor be regarded to be on Municipal business during the period of the Congress and while travelling to and from Paris.

Vote: 32111.11960; R113 699.30 (Provided 2015/16); FC No.: 08/09ADOPTED.


1.5 REQUEST FOR POLITICAL PRINCIPALS TO GRACE AND PRESIDE OVER TWO CEREMONIES: (1) SIGNING OF THE GO! DURBAN (INTEGRATED RAPID PUBLIC TRANSPORT NETWORK) MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE BUS OPERATORS AND (2) LAUNCH OF NEW DIAL-A-RIDE VEHICLES (26/3/1/1)

(Page 130)


1.5.1 That His Worship the Mayor and the Members of the Executive Committee grace and preside over the ceremony for the signing of the Memorandum of Agreement (MOA) between the City and the Bus Operators for the implementation of the Go! Durban and also the launch of new Dial-A-Ride vehicles to take place during August 2015.

1.5.2 That the Head: eThekwini Transport Authority in consultation with the Office of the Mayor finalise the dates for the signing of the MOA between the City and the Bus Operators for the implementation of GO! Durban and the launch of the new Dial-A-Ride vehicles.

1.5.3 That subject to the approval of the recommendation above, the Head: eThekwini Transport Authority arrange a briefing session with the Executive Committee on the MOA and the proposed programme of the ceremony as well as the Dial-A-Ride vehicles launch.

1.5.4 That the Honorable MEC for Transport be invited to grace the ceremony given the fact that the KwaZulu-Natal Department of Transport is a critical service delivery partner in public transport matters.ADOPTED by majority vote

1.6 REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE: MEETING HELD ON 2015-08-06

(Page R1)

1.6.1 Naming of Street in Ward 24 Covering Garden Park (25/4/15/1):(Page 20 : Governance and Human Resources Committee – Agenda 2015-08-06)


That the proposed and reviewed names for the unnamed Streets in Ward 24 covering Garden Park as indicated on Plan STN 08/07/15 attached to the report of the Deputy Head : Corporate Geographic Information Systems dated 2015-07-17, be approved as follows:-

STREET CODE

PROPOSED NAME

REVIEWED NAME MEANING

211769 Pigeonwood Pigeonwood Drive Type of tree211770 Bushwillow Bushwillow Crescent Type of tree

211771 Sicklebush Sicklebush Terrace Type of tree211772 Verbenatree Verbenatree Type of plant211773 Candlewood Candlewood Lane Medium sized ever

green tree211774 Crowberry Crowberry Lane Type of shrub


STREET CODE

PROPOSED NAME

REVIEWED NAME MEANING

211775 Dragontree Dragontree Lane Type of plant211776 Horsewood Horsewood Lane Type of tree211777 Goldenleaf Goldenleaf Lane Type of tree211778 Jacketplum Jacketplum Lane Type of tree211779 Ironwood Ironwood Lane Type of tree211780 Oldwood Oldwood Lane Type of tree211781 Lemonthorn Lemonthorn Lane Type of shrub211782 Starapple Starapple Lane Type of tree211783 Paperbark Paperbark Lane Type of tree211784 Watertree Watertree Lane Type of tree

ADOPTED.

1.7 REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE : MEETING HELD ON 2015-07-21.

(Page R3)

1.7.1 Authority to Construct Water Projects WS 2015/84 (23/1/11/3/1):(Page 17 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)


1.7.1.1 That, subject to the invitation of tenders or quotations where necessary, the Committee approves the Block sum projects listed in Report No WS2015/84 dated 2015-06-18.

1.7.1.2 That, subject to the adoption of .1 above, the Head: Expenditure be authorised to include in his Adjustment Budget Report the transfer of funds from the Capital Block Sum Projects to individual projects as reflected in Report No. WS2015/84 dated 2015-06-18.

1.7.1.3 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 the construction of water infrastructure for the projects in question.

Labour based construction – housing

R989 830.00 To be met by Vote Transfer 2014/15 (Project No. X4219)

Private Developments

R40 000.00 To be met by Vote Transfer 2014/15 (Project No. X4219)

Relays and Extensions

R 679 000.00R 12 000.00R 498 000.00R 450 000.00R 483 863.00R2 122 863.00

To be met by Vote Transfer 2014/15 (Project No. X4215)To be met by Vote Transfer 2014/15 (Project No. X4247)To be met by Vote Transfer 2014/15 (Project No. X4220)To be met by Vote Transfer 2014/15 (Project No. X4529)To be met by Vote Transfer 2014/15 (Project No. X4219)To be met by Vote Transfer 2014/15 (Project No. X3289)

Cost Centres : 69100 and 69200; Project No’s: Various; FC No.: 64/C42ADOPTED.


1.7.2 Public Transport Drivers’ Summit : 21-22 August 2015 (26/3/1/1):(Page 25 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)


1.7.2.1 That the members of the Executive Committee; Human Settlements & Infrastructure Committee; and the Economic Development and Planning Committee attend the Public Transport Drivers Summit organised by GO! Durban to be held from 21 to 22 August 2015 at the Inkosi Albert Luthuli International Convention Centre.

1.7.2.2 That the Head: eThekwini Transport Authority liaise with the Party Whips for the Human Settlements & Infrastructure and the Economic Development & Planning Committees with a view to obtaining a list of members to attend the Public Transport Drivers Summit.ADOPTED.

1.7.3 WS 2015/111: Acquisition of Land for Various Water Projects (17/2/1/1/2) : (3 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)


1.7.3.1 That authority be granted for the Head : Real Estate to acquire any pipeline servitude as well as any other necessary servitudes, wayleaves and encroachments and for a further authority to be granted for the acquisition of land for various Water Projects within the Water Design Branch by negotiation and/or expropriation as considered necessary for the implementation of the following projects already approved by Council:-

● X7217 :Oakford Priory - Bulk Water Supply (Ward 59);● X6024 :Oakford Priory - Relay of 150mm Ø to Oakford primary School

(Ward 59); ● X5669 : Augmentation of the Bulk Supply to Adams Mission 5 Reservoir

(Wards 95 and 96); and● X4240b: Clansthal 1 Reservoir Inlet (Ward 99); and X7207: Maphephetheni

200mm Ø Trunk Main (Wards 2 and 8).

1.7.3.2 That subject to the adoption of .1 above, it be noted that approval of the Bid Adjudication Committee will be sought to deviate from the Supply Chain Management Regulations for the Head: Real Estate to negotiate directly with the property owner for the acquisition of the property in question using Section 36 (1)(a)(ii) of the Supply Chain Management Regulations.

1.7.3.3 That in the event of the negotiations being unsuccessful, the Head: Real Estate be authorised to expropriate the property affected.

1.7.3.4 That in the event of the negotiations being successful, the City Manager record the reasons for the deviations and report at the next meeting of Council and include the reasons as a note to the Annual Financial Statements in terms of Section 36 (2) of the Municipal Supply Chain Management Regulations.ADOPTED.


1.7.4 Student Water and Sanitation Conference 2016: Ws 2015/101 (13/2/1/1/1):(Page 65 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)


That authority be granted for the Head: Water and Sanitation to organise and host the Student Water and Sanitation Conference to be held on 3 March 2016 at an estimated cost of R636 918.80 (Six Hundred and Thirty Six Thousand Nine Hundred and Eighteen Rand Eighty Cents Only) as part of celebrating March as a Water Month, recognised internationally, and involving youth to collectively devise strategies to better address various critical issues that are water and sanitation related to ensure future water sustainability.

Vote: 60510.10153 R636 918.80 (Provided 2015/16 operating budget)FC No.:64/65ADOPTED.

1.7.5 Proposed Sale by Public Tender of a Crèche Site: Erf 813 Westrich, Newlands West (Tender No. HRE 325F) (17/2/1/2/3):(4 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)


1.7.5.1 That the Municipality declares in terms of Section 14(2)(a) and (b) of the Municipal Finance Management Act 56 of 2003 that:-

1.7.5.1.1 The property described as Erf 813 Westrich, Newlands West is not required for providing the minimum level of basic Municipal services; and

1.7.5.1.2 The market value of the property is R200 000.00 (Two Hundred Thousand Rand Only) and the social and community values to be received have been considered, it being recorded that due to the social status of the site, a nominal values is acceptable.

1.7.5.2 That Child Care Facilities are listed in Schedule 4 Part B of the Constitution of South Africa as a Local Government responsibility, it being recalled the Land Affairs Policy, as approved by Council on 2002-11-19 was amended by the Executive Committee on 2004-08-03 in respect of Social Sales to provide that pricing of land to be developed for Child Care Facilities be on a nominal price basis, subject to the reasonable responsibilities of Council in providing such land.

1.7.5.3 That in terms of Section 14 (2)(a) and (b) of the Municipal Finance Management Act 56 of 2003, the property described as Erf 813 Westrich in extent 1204m², be offered for sale in freehold by public tender at a nominal price of R1 140.00 (One Thousand One Hundred and Forty Rand Only) (VAT Inclusive) subject to terms and conditions contained in tender number HRE 325F including a restrictive condition of usage and time frame in respect of building development which condition will be carried forward to the Deed of Transfer.

1.7.5.4 That in the event of objections being lodged to the proposed disposal of the above site, the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy headed “Resolution of Disputes Objections, Complaints and Queries”.


1.7.5.5 That the residents of Newlands West be given first preference to buy the crèche site through public tender.

1.7.5.6 That subject to the adoption of paragraph .1 to .5 above, the Head: Real Estate be authorized to sign all documents relating to the sale and transfer of the property to a successful tenderer.ADOPTED.

1.7.6 Proposed Deproclamation and Sale of Land :Nunhead Road Westridge: AA and M Nivison (58/1/7115/5) (17/2/1/2/3): (4 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)



1.7.6.1.1 The property described as Nunhead Road Westridge: AA and M Nivison land is not required for providing the minimum level of basic Municipal services; and

1.7.6.1.2 The fair market value of the land is currently assessed at R72 000.00 (Seventy Two Thousand Rand Only) exclusive of VAT.

1.7.6.2 That in terms of Section 211 of Ordinance 25 of 1974, the road area in extent approximately 161m² as depicted on Plan SJ 4636/9, be permanently closed and rezoned by the purchaser within two (2) years of Council authority being granted.

1.7.6.3 That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, Proposed Portion [A] of Rem of Erf 491 Cato Manor, together in extent approximately 161m² on Plan SJ 4636/9, be sold in freehold by private treaty to Andrew Alan Nivison (I.D. No: 5603165025087) and Michelle Nivison (I.D. No.: 6306240152087) at the current market value [R72 000.00] as assessed by a Professional Valuer.

1.7.6.4 That Proposed Portion [A] of Rem of Erf 491 Cato Manor be rezoned in terms of the KwaZulu-Natal Planning and Development Act at the purchasers’ full cost.

1.7.6.5 That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in terms of Section 36 (1)(a)(v) of the Supply Chain Management Regulations in order to formally close and sell Proposed Portion (A) of Rem of Erf 491 Cato Manor to Andrew Alan Nivison (I.D. No: 5603165025087) and Michelle Nivison (I.D. No.: 6306240152087).

1.7.6.6 That an occupational levy of 10% of the purchase price be paid by Andrew Alan Nivison (I.D. No: 5603165025087) and Michelle Nivison (I.D. No.: 6306240152087) in respect of the occupation of Proposed Portion [A] of Rem of Erf 491 Cato Manor.

1.7.6.7 That in the event of objections being lodged to the proposed closure and sale of Proposed Portion [A] of Rem of Erf 491 Cato Manor when it is statutorily advertised, the matter be referred to the Accounting officer for a final decision in terms of Section 50 of the Supply Chain Management Policy headed ‘Resolution of Disputes, Objections, Complaints and Queries” and thereafter to the Minister of Co-operative Governance and Traditional Affairs for consent.


1.7.6.8 That in the event of the sale not being finalized within 6 (six) months from the date of Council authority being granted, a report be submitted by the Head: Real Estate to the Bid Adjudication Committee to review the purchase price in line with the current market value of the properties where there has been a change in the market value.

1.7.6.9 That the Head: Real Estate be authorised to sign all documents necessary to conclude the agreement.ADOPTED.

1.7.7 Proposed Alienation of Erf 61 KwaMashu P to Helena Madlala (Previously Helena Kweyi) (17/2/1/2/3):(Page 100 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)



1.7.7.1.1 The property described as Erf 61 KwaMashu P is not required for providing the minimum level of basic Municipal services; and

1.7.7.1.2 The fair market value of the property is currently assessed at R200 000.00 (Two Hundred Thousand Rand Only), excluding VAT.

1.7.7.2 That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, Erf 61 KwaMashu P, Registration Division FT in the Durban Entity, Province of KwaZulu-Natal in extent approximately 638m² depicted on Plan No.SJ 4616/6, be sold in freehold by private treaty to Ms H Madlala (I.D. No 400810406063) for R228 000.00 (Two Hundred and Twenty Eight Thousand Rand only) Inclusive of VAT, such purchase price reflecting the current market value of the land as assessed by a registered Valuer.

1.7.7.3 That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in order to formally sell Erf 61 KwaMashu P in terms of Section 36(1)(a)(v) of the Supply Chain Management Regulations.

1.7.7.4 That in the event of objections being lodged to the proposed disposal of Erf 61 KwaMashu P, the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy headed “Resolution of Disputes, Objections, Complaints and Queries”.

1.7.7.5 That in the event of the sale not being finalized within 6 (six) months of the date of Council authority being granted, the Head: Real Estate be authorized to review the purchase price in line with the current market value of the property where there has been a change in the market value.

1.7.7.6 That the Head: Real Estate be authorized to sign all the documents necessary to conclude the agreement.ADOPTED.


1.7.8 Proposed Sale of Land: Erf 733 KwaMashu L : Family and Child Welfare Society (Ref: 19/62/10) (17/2/1/2/3):(Page 112 : Human Settlements and Infrastructure Committee – Agenda 2015-08-05)


1.7.8.1 That the Municipality declares in terms of Section 14 (2)(a) and (b) of the Municipal Finance Management Act No. 56 of 2003 that:-

1.7.8.1.1 The property described as Erf 733 KwaMashu L is not required for providing the minimum level of basic Municipal services; and

1.7.8.1.2 The market value of the land is R220 000.00 (Two Hundred and Twenty Thousand Rand only) the Social and Community value to be received have been considered, it being recorded that due to the social status of the purchaser a nominal value is acceptable.

1.7.8.1.3 That Erf 733 KwaMashu-L is zoned Education wherein a Crèche is permitted.

1.7.8.2 That in terms of Section 40(2)(b) (i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, Erf 733 KwaMashu-L, Registration Division FT, Province of KwaZulu-Natal in extent 2160m² as depicted on Plan SJ 4537/3 and SG 1114/1997, be sold by private treaty to the KwaMashu Family and Child Welfare Society (002-291-NPO) at a nominal price of R1 140 (One Thousand One Hundred and Forty Rand only) inclusive of VAT subject to Terms and Conditions of Agreement No. 7066B.

1.7.8.3 That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in order to formally sell, Erf 733 KwaMashu-L, to the KwaMashu Family and Child Welfare Society in terms of Section 36(1)(a)(v) of the Supply Chain Management Regulations.

1.7.8.4 That in the event of objections being lodged to the proposed sale when it is statutorily advertised, the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy headed “Resolution of Disputes, Objections, Complaints and Queries”.

1.7.8.5 That subject to the adoption of .1 to .5 above, and the approval of the Bid Adjudication Committee, the Head: Real Estate be authorized to sign all documents to give effect to the transaction.ADOPTED.

1.8 REPORT OF THE COMMUNITY AND EMERGENCY SERVICES COMMITTEE: MEETING HELD ON 2015-08-06(Page R8)

1.8.1 Motivation to Attend Disaster Management Institute of Southern Africa Conference - 2015 (14/1)(Page 30 :Community and Emergency Services Committee – Agenda 2015-08-06)


1.8.1.1 That approval be granted for the following delegation of thirteen (13) staff from the Disaster Management and Emergency Control Unit to attend the Disaster Management Institute of Southern Africa Conference (DMISA) 2015 being held at the Eden District Municipality, Western Cape during September 2015:-


V Ngubane, S Hendrikse, W Mkhwanazi, A Human, B Goodwill, S Mhlongo, S Arjoon, R Paul, L Sele, A Pillay, M Govender, B Ndlovu and T Mdlalose.

1.8.1.2 That two Councillors from the Community and Emergency Services Committee be nominated to accompany the delegation to the Conference mentioned in 1.above, it being recorded that funding for the attendance of Councillors thereat will be derived from the Office of the Speaker.

1.8.1.3 That the costs for attendance include Conference registration, flight bookings for the delegation, accommodation [four (4) nights] and travel and subsistence allowances.

(Vote : 22020.11960 ; R184 000.00; F.C No. 15/16/02)ADOPTED.

1.8.2 Motivation to Collaborate with Department of Social Development in Hosting the International Day Against Drug Abuse and Illicit Trafficking To Be Held on 20 June 2015 At Albert Park (28/1/1/1)(Page 32 :Community and Emergency Services Committee – Agenda 2015-08-06)


1.8.2.1 That the joint hosting of the International Day Against Drug Abuse and Illicit Trafficking between eThekwini Municipality, Safer Cities Unit and the Departmental of Social Development on date to be announced, be approved .

1.8.2.2 That the amount of R11 400.00 (Eleven Thousand and Four Hundred Rand Only) for the cost of the event, as indicated hereunder, be approved.

Financial Implications:

Item Quantity Unit Cost Total

100 sitter marquee to conduct interactive workshops with parents and children

1 R7 000.00 R 7 000.00

Chairs 100 R 800.00 R 800.00

Water Tanker 1 R2 400.00 R 2 400.00

Stage Decor 1 R1 200.00 R 1 200.00

TOTAL R11 400.00

Vote No.: 20027.06911; FC No.: SC012/14-15ADOPTED.

1.8.3 Proposed International Collaborative Project Between the Dutch Government, eThekwini Municipality (Health Unit) and Transnet Ltd (10/2/4/2/1/2):(Page 35 :Community and Emergency Services Committee – Agenda 2015-08-06)


1.8.3.1 That as a co-operation agreement holds the prospect for significant skills transfer and improved regulation in the field of air quality which is a constitutionally mandated Local Government competency, Council grants an in principle approval for the Health Unit to engage with the DienstCentraal Milieu Rijnmond (DCMR) Environmental Agency in progressing the co- operation agreement.


1.8.3.2 That the Head : Health be authorised to commence drafting a Memorandum of Understanding (MOU) which will ultimately be signed by City Manager, it being recorded that the Chairperson of the Community and Emergency Committee be advised of the date of signing of the MOU.ADOPTED.

1.8.4 Service Level Agreement : Primary Health Care Services (30/1/6/P):(Page 54 :Community and Emergency Services Committee – Agenda 2015-08-06)


1.8.4.1 That the scope of services together with the funding provision for goods, staff and services, as indicated in the report of the City Manager relative hereto consented.

1.8.4.2 That the City Manager be authorised to sign the Service Level Agreement (SLA) on behalf of the eThekwini Municipality for the period April 2015 to March 2018 upon conclusion of the review process of the SLA by the Head : Legal & Compliance, it being recorded that a half day workshop to “unpack” the SLA to Councillors of the Community and Emergency Services Committee be convened.

1.8.4.3 That should there be any changes in the three (3) year agreement, the Head : Health provide a report on such changes.


Transfer Funding Goods and Services

Total

HIV and AIDS 15/16 R 60 000 000.00 R110 841 000.00 R170 841 000.00

HIV and AIDS 16/17 R 80 000 000.00 R128 000 000.00 R208 000 000.00

HIV and AIDS 17/18 R107 000 000.00 R107 000 000.00 R214 000 000.00

PHC Conditional Grant 15/16

R 75 000 000.00 R 86 852 000.00 R161 852 000.00


R 79 000 000.00 R 91 195 000.00 R170 695 000.00


R 84 270 000.00 R 95 755 000.00 R180 025 000.00

ADOPTED.

1.8.5 Parks, Recreation and Culture Programme August- September 2015:(Page L9 :Community and Emergency Services Committee – Agenda 2015-08-06)

At the request of the Executive Committee Member ZRT Gumede, it was agreed that the event, WenzeKahle Breakfast planned for 07 September 2015 be incorporated as one of the Mayoral Awards project. It was further noted that other areas within eThekwini Municipality would be included in respect of the Gospel Icons Discovery Auditions. Thereafter



That the Deputy City Manager : Community & Emergency Services be granted project authority to coordinate and implement the under-mentioned programmes on the dates as indicated below, it being recorded that as per the instruction of the City Manager that other regions/zones and rural areas be included, two additional events would be included, in the South and in the West of the City.

ETHEKWINI LIVING LEGENDS AWARDS CEREMONY

29 August 2015 : Inkosi Albert Luthuli Convention Centre (17h00)

GOSPEL ICONS DISCOVERY AUDITIONS:

01 August 2015 : KwaMashu Community Hall02 August 2015 : Ntuzuma A Hall/Lindelani08 August 2015 : KCAP KwaMashu09 August 2015 : Newton A Hall15 August 2015 : Umlazi V Hall16 August 2015 : KwaGoqokazi Hall22 August 2015 : Clermont Community Hall/Sizakala Centre23 August 2015 : Bester Hall5 September 2015 : Stable Theatre6 September 2015 : Redfern Community Hall : Phoenix12 September 2015 : Wiggins Hall : Cato Manor

GOSPEL ICONS DISCOVERY WORKSHOPS FOR FINALISTS

13-18 September : Workshops at Stable Theatre

GOSPEL ICONS DISCOVERY REHEARSALS FOR FINALISTS

21-25 September 2015 : Rehearsals at Stable Theatre 26 September 2015 : Final Dress Rehearsal at Ohlange Sports Ground 27 September 2015 : Gospel Icons Discovery Competition Finale

01 September 2015 : ARBOUR DAY CELEBRATIONS 02 September 2015 : LECTURE ON HARRY GWALA (His life, his politics

and his legacy) 03 September 2015 : Operation Phakisa/Ocean Economy Seminar 04 September 2015 : Sports Vision 2013 Seminars 05 September 2015 : Beach Sports Day (aerobics, volleyball, beach soccer,

skate boarding) 06 September 2015 : Art & music at the Park

Budget Implications:

Event Name Amount Vote Number

Gospel Icons Discovery Auditions R 80 000.00 15002.05462

Gospel Icons Discovery Workshops for Finalists R 50 000.00 15002.05462

Gospel Icons Discovery Rehearsals R 20 000.00 15002.05462

Gospel Icons Discovery Competition Finale R 600 000.00 15002.05462

Arbour Day Celebrations R 5 000.00 18001.05462


Event Name Amount Vote Number

Lecture on Harry Gwala (His Life, His Politics and His Legacy)

R 210 000.00 15560.10563

Operation Phakisa/ Ocean Economy Seminar R 150 000.00 15002.05462

Sport Vision 2030 R 400 000.00 19010.04469

Beach Sports Day (Aerobics, Volleyball, Beach Soccer, Skate Boarding)

R 500 000.00 15002.05462

Arts at the Park and Afro Soul Sounds R 180 000.00 15002.05462

Living Legends Awards R1 428 150.00 15002.07622

WenzeKahle Breakfast R 180 000.00 15002.05462

Vote: 15002.05462/Various R3 803 150.00 (Provided 2015/16)FC No.: 32/063ADOPTED, subject to a revised list of amended dates and venues for the events being provided by the Head : Parks, Recreation and Culture.

1.9 RECTIFICATION OF HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE RESOLUTIONS ADOPTED BY COUNCIL ON 30 JULY 2015

(Page 285)


1.9.1 That Council approves the rectification of the Human Settlements and Infrastructure Committee items in relation to the electricity upgrade in Cornubia and the water design projects respectively and rescind the decision it adopted on 2015-07-30 to record relevant recommendations under each item as adopted by the Human Settlements and Infrastructure Committee on 2015-07-21, as follows:

1.9.1.1 Proposed Upgrade of 132kV Cornubia Switching Station to Supply Cornubia Development (27/2/R):

1.9.1.1.1 That in order to cater for the Cornubia Development, authority be granted for the Head : Electricity to proceed with the upgrading of the 132kV Cornubia Switching Station at a total cost of R66 479 000 (Sixty Six Million Four Hundred and Seventy Nine Thousand Rand Only).

(Vote: 80792, Project : TM0136, R2 725 000, R9 505 000, R24 606 000 and R29 643 000: To be provided in the 2015/16, 2016/17, 2017/2018 and 2018/2019 financial years respectively

FC. No.: 79/CA 1555

1.9.1.2 Water Design Projects WS-2015/069 (23/1/11/3/1):

1.9.1.2.1 That subject to the obtaining of quotations and tenders where necessary, authority be granted for the implementation of the projects X7217: Oakford Priory - Bulk Water Supply (Ward 59); X6024: Oakford Priory - Relay of 150mm Ø to Oakford Primary School (Ward59); X5669 : Augmentation of the Bulk Supply to Adams Mission 5 Reservoir (Wards 95 and 96); X4240 : Clansthall 1 Reservoir Inlet (Ward 99); and X7207 : Maphephetheni 200mm Ø Trunk Main (Wards 2 and 8) as reflected in report WS2015/069 of the Head: Water and Sanitation dated 2015-04-17.


1.9.1.2.2 That subject to the adoption of .1 above, and in order to meet the additional expenditure in the 2014/2015, 2015/2016, 2016/2017 and 2017/2018 financial years, the Deputy City Manager : Finance be authorised to include in his respective Adjustments Budget Reports the transfer of R23 138 550.00 (Twenty Three Million One Hundred and Thirty Eight Thousand, Five Hundred and Fifty Rand), excl VAT, from the projects listed in the tables included in the report by the Head: Water and Sanitation to the projects reflected in .1 above.

1.9.1.2.3 That subject to the adoption of .1 and .2 above, the Head : Real Estate be authorised to acquire any pipeline servitude as well as any other necessary servitudes, wayleaves and encroachments and land by negotiation and/or expropriation as considered necessary.

Cost Centre Nos: As listed R1 500 000 (Funded in the 2014/2015)R1 250 000 (To be met by vote transfer in the

2014/2015 via Final Adjustment Budget).

Project Nos : As listed R11 262 000 (To be met by vote transfer in 2015/2016 via Adjustment Budget).

R5 795 875 (To be met by vote transfer in 2016/17 via Adjustments Budget)

R4 830 675 (To be met by vote transfer in 2017/18 via Adjustments Budget)

F.C. No.: 64/C35ADOPTED.

1.10 HOSTING OF PROCUREMENT INDABA, 13-14 AUGUST 2015 AT INKOSI ALBERT LUTHULI INTERNATIONAL CONVENTION CENTRE (13/2/1/1/1 & 20/1/7/1)

(Page L10)


1.10.1 That authority is granted for the Acting Deputy City Manager: Economic Development and Planning to sign the agreement for the hosting of the KwaZulu-Natal Procurement Indaba in partnership with the KZN Department of Economic Development, Tourism and Environmental Affairs from 13 to 14 August 2015 at the Inkosi Albert Luthuli International Convention Centre to provide a platform for stakeholders to engage constructively in key procurement and transformation challenges and provide solutions that will give rise to real economic transformation in the Province.

1.10.2 That authority be granted for the Acting Deputy City Manager: Economic Development and Planning to incur expenditure to the sum of R1.0 million in respect of the Procurement Indaba venue hire costs, it being recorded that the Province through the Department of Economic Development, Tourism and Environmental Affairs is a Principal partner.


Financial Implications

UNIT/DEPARTMENT VOTE NO. VALUE

Office of the Deputy City Manager: Economic Development

26001.08485 R434 000.00

Economic Development & Investment Promotion 26101.04676 R434 000.00

Business Support, Tourism and Markets 26724.11487 R434 000.00

ADOPTED by majority vote

1.11 COMMONWEALTH GAMES 2022 HOST CITY ANNOUNCEMENT (14/1 & 33/2)

(Page L12)


1.11.1 That the Mayor’s multi-party delegation to attend the Commonwealth Games 2022 Host City Announcement in Auckland, New Zealand from 30 August-04 September 2015, be approved.

1.11.2 That in view of the City Manager attending the Investment Conference during the same period of this trip, he be replaced by the Head: Business Support, Tourism and Markets, Mr. Phillip Sithole.

1.11.3 That the flights, accommodation and subsistence & travel costs for the delegation excluding Mayor and Deputy City Manager: Community and Emergency Services, be covered by eThekwini Municipality.

1.11.4 That Council notes that flights, accommodation and subsistence & travel costs for the Mayor and the Deputy City Manager: Community and Emergency Services will be covered by the Commonwealth Bid Committee.

1.11.5 That Council notes that the Press Conference in respect of the outcome of the announcement is tentatively scheduled for Saturday, 5 September 2015 in Durban at 11:00 am.

Financial Implications:-

Names Description Cost

EXCO Councillors

Mr. Phillip Sithole

Mr. Vusi Mazibuko

Ms. Tozi Mthethwa

Protocol Officer

Return airfares: 6x R25 000.00 R150 000.00

Accommodation : 6 x R4 500 x 4 nights R108 000.00

S & T Allowance : 6 x USD @90 ($1 : R10.92) x 4 R27 518.40

Ground Transport x 4 days R15 000.00

Total R300 518.4

(At the Executive Committee meeting held on 2015-08-18, the 6 (Six) Members of the Executive Committee to participate in the event were confirmed as follows:-

● The Deputy Mayor, Councillor NF Shabalala;● Councillor JN Cele;● Councillor ZRT Gumede;


● Councillor F Peer;● Councillor BR Mtshali; and● Councillors MS Nkosi)

ADOPTED by majority vote

1.12 REQUEST FOR ASSISTANCE WITH VENUE FOR THE MEMORIAL SERVICE AND THE FUNERAL OF THE LATE MR SIBUSISO “R MASHESHA” KHOMO (13/6)6)

(Page L13)


1.12.1 That the request from Afrotainment relative to the provision of the venue for the memorial and the funeral service of the late member of Big NUZ, the Durban Kwaito Musical Group, Mr Sbusiso “R Mashesha” Khomo, be supported, it being recorded that the Umlazi King Zwelithini Stadium has been identified as the suitable venue for this purpose.

1.12.2 That the Deputy City Manager: Community and Emergency Services be tasked to ensure the provision of services referred to in .1 above and any other ancillary services that may be required.ADOPTED.

2. SECOND REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2015-08-18

2.1 PRESENTATION ON PREPARATION FOR THE LAUNCH OF THE NATIONAL ARBOR WEEK (12/9/2)

(Page L1)

During the presentation provided at the Executive Committee level, it was reported that eThekwini has been chosen as a destination to host the launch of the Arbor Week from 01 to 07 September 2015. This decision has been informed by eThekwini being the host City of the World Forestry Congress from 07 to 11 September 2015. As part of the outcome of the Congress a number of 1 Million trees are to be planted across the eThekwini Municipal area. The actual launch was part of raising awareness about the greening initiatives and the importance of trees as part of sustainable living. EThekwini was also striving to win the Arbor City Award to be announced during the launch, which will now be for the third time should the City become successful again.

Amongst the comments made was the importance of preserving historic and iconic trees as well as promoting the culture of planting trees to promote clean and green City. Confirmation was given that collaborations will be made with the Human Settlements Unit to link tree planting with housing projects.


Speaking on the impact of tree planting vis-à-vis the shortage of water, mention was made that the trees being planted will not exacerbate water shortages since focus was on indigenous and fruit trees. Furthermore, that various factors were taken into consideration before planting a tree and that a replacement programme is also in place. With agriculture and forestry forming part of sustainable living, mention was made that workshops are being conducted to inculcate in pupils in particular a sense of appreciating and maintaining the environment.

COMMITTEE RECOMMENDS

That Council notes the selection of destination eThekwini to host the launch of the National Arbor Week from 01 to 07 September 2015 which will serve as a build up to the World Forestry Congress commencing on the last day of the launch from 07 to 11 September 2015. NOTED.

2.2 REQUEST FOR APPROVAL IN TERMS OF SECTION 116(3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT FOR ADDITIONAL CONTRACT AUTHORITY UNDER CONTRACT NO: CSA2243: BRIDGE CITY DEPOT, GO! DURBAN IRPTN (9/1/3 & 26/3/1/1)

(Page 1)


2.2.1 That authority be granted to amend professional services under Contract No. CSA2243 for the Bridge City Depot, in terms of Section 116(3) of the Municipal Finance Management Act, since the scope and value have changed due to the following reasons:-

2.2.1.1 Increased fleet requirement2.2.1.2 Soil Conditions2.2.1.3 Specialist Equipment2.2.1.4 Environmental Impact Assessment Amendments2.2.1.5 Existing Services – Sewer Line2.2.1.6 Amended site purchase conditions

2.2.2 That subject to the adoption of .1 above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendment to Contract No. CSA2243 in line with the requirements of Section 116(3) of the Municipal Finance Management Act.ADOPTED by majority vote

2.3 REQUEST FOR AUTHORITY TO PROVIDE BRIDGE FUNDING FOR COMPLETION OF THE BALANCE OF TOP STRUCTURES UNDER CORNUBIA INTEGRATED HUMAN SETTLEMENTS DEVELOPMENT PHASE 1B (22/7/1/1/3)

(Page L15)

The challenges associated with the completion of the balance of 1 544 (One Thousand Five Hundred and Forty Four) top structures under the Cornubia Integrated Human Settlements Development Project were presented at the Executive Committee level. This included the 8-month delays in appointing 7 (seven) service providers for this purpose due to insufficient funds as a result of a shortfall between


the tender prices and the subsidy amount at a total of R101 149 360.00 (One Hundred and One Million One Hundred and Forty Nine Thousand Three Hundred and Sixty Rand). The Provincial Department of Human Settlements has since enforced latest norms and standards applicable which had to be factored into the tender prices whilst the tender process has already closed. The attempts by the Human Settlements Unit to request additional funding at the Provincial and National level have been unsuccessful due to policy restrictions. However, these spheres were to be engaged further to consider absorbing the shortfall through the implementation of the densification subsidy for this project.

Meanwhile, the attempts by the Human Settlements Unit to negotiate prices with preferred bidders, as provided for in terms of Section 24 of the Supply Chain Management Regulations yielded insignificant results. The majority views supported the proposal for the City to provide bridge funding taking into account that Cornubia is the City's legacy project with huge potential to address housing needs thereby eradicating slums and transit camps. Cognisance was also taken of the fact that significant infrastructure development has already been undertaken and therefore abandoning the project at this stage will render this fruitless and wasteful expenditure.

On the issue of the availability of funding, confirmation was given that the City's cash flow can accommodate this since it was bridge finance. Mention was also made that there are funds available as per the report given at the Local Government Summit of which the City will strive to position itself to be given priority taking into account noticeable milestones achieved in service delivery thus far. The members of the Democratic Alliance recorded its dissention on this matter pointing out that the report has been laid on table therefore a need exists to interrogate the report based on options given.

With the majority views supporting the completion of the outstanding top structures through bridge funding.


2.3.1 That Council notes the challenges being experienced pertaining to the delays in appointing service providers to complete the balance of 1 544 (One Thousand Five Hundred and Forty Four)top structures under the Cornubia Integrated Development Programme due to the shortfall as a result of the difference in the subsidy amount available and the tender prices.

2.3.2 That Council approves that eThekwini Municipality provides bridge financing on the budget shortfall of R101 149 360.00 (One Hundred and One Million One Hundred and Forty Nine Thousand Three Hundred and Sixty Rand Only) subject to savings being identified by Treasury, in order to prevent Cornubia Phase 1B from being blocked whilst engagements with the National and Provincial Department of Human Settlement continue.Recommendation 2.3.1 above NOTED and Recommendation 2.3.2 above ADOPTED by majority vote.


2.4 REQUEST FOR APPROVAL IN TERMS OF SECTION 116(3) OF THE MUNICIPAL FINANCE MANAGEMENT FOR ADDITIONAL FUNDING FOR PROJECTS WS.6200. WS.6334, WS.6335, WS.6336, WS.6337, WS.6338, WS.6339, WS.6340 AND WS.6341 UMLAZI REFUSE REMOVAL AND COLLECTION PROGRAMME (24/2/6)

(Page L17)

In giving background to stoppages on refuse collection services at Umlazi, the meeting was informed that this was due to an oversight which has occurred in not including the Empowerment and Mentoring Programme for local contractors when new contracts were put in place in 2014. This programme was aimed at empowering local people through engaging sub-contractors. The report is then seeking authority to extend the scope of the existing contractors to include this programme.

It was confirmed that the programme will be extended to all areas falling within the jurisdiction of the eThekwini Municipality. The current proposal was to award refuse collection work on a 60-40 split where 60% of work was to be awarded to main contractors with 40% being allocated to local contractors. This arrangement was considered critical in creating job opportunities; alleviate poverty; and promoting radical economic transformation.

Clarity was given that Council is to give authority to extend the scope of contract and that the relevant Unit in consultation with the Supply Chain Management Unit will thereafter facilitate the process of appointing local contractors through a competitive bidding process. This matter was considered urgent given current work stoppages which has exposed the communities concerned to health hazards.


2.4.1 That authority be granted to the Head: Cleansing and Solid Waste to extend the scope of Contracts WS.6200, WS 6334; WS.6335, WS.6336, WS.6337, WS.6338, WS.6339, WS.6340 and WS.6341 at Umlazi, in terms of Section 116(3) of the Municipal Finance Management Act, to engage 19 (Nineteen) subcontracts as part of the Empowerment and Mentorship Programme, at an additional funding of R16 488 947.00 (Sixteen Million Four Hundred and Eighty Eight Thousand Nine Hundred and Forty Seven Rand Only), for the following reason-

2.4.1.1 The Municipality intends appointing appoint local contractors as part of the empowerment and mentorship programme to provide refuse collection services to 23 010 (Twenty Three Thousand and Ten) households in the Wards outlined in the table below to achieve job creation; poverty alleviation; and radical economic empowerment.

Ward Number Area Number of Houses

74 V5 Informal Settlement 1200

76 Kumora Informal Settlement 1200

77 HX-1 Informal Settlement 1210

78 K - Ezangomeni 1200

79 G1 Informal Settlement 1205

80 EX-2 Informal Settlement 1200

81 Emaplangweni Informal Settlement 1205


82 Baker Informal Settlement 1200

83 M9 & 10 Informal Settlement 1200

84 Chicago Informal Settlement 1200

85 Bambanani Informal Settlement 1210

86 Zamani Informal Settlement 1205

87 Q1, 2 & 3 Informal Settlement 1210

88 Silver City Informal Settlement 1205

89 T7 & 8 Informal Settlement 1210

89 Malukazi Informal Settlement 1500

89 Malukazi Transit Camp 1100

89 Emakhehleni 1250

85 Ezimbokodweni Low Cost Houses 1100

TOTAL 23 010

2.4.2 That the Committee authorizes the mentorship programme to be in place for 21 months i.e. from September 2015 until the expiry of the major contracts which is 30 May 2017.

2.4.3 That subject to the adoption of .1 above and in line with the requirements of Section 116(3) of the Municipal Finance Management Act, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendment to Contracts No. WS.6200, WS.6335, WS.6336, WS.6337, WS.6338, WS.6339, WS.6340 and WS.6341 Umlazi to engage 19 subcontractors on an Empowerment and Mentorship Programme.


Contract Numbers Original Tender Value Required Additional Amount

Revised Amount

WS.6335, WS.6338, WS.6337, WS.6336, WS.6339, WS.6341, WS.6340 & WS.6200.

R74 525 943.00 R16 448 947.00 R90 974 890.00

FC No.: 66/17

Funding to be met through savings to be identified in the 2015/16 financial year and included in the Adjustments Budget, it being recorded that provisions will be made accordingly in the 2016/17.ADOPTED by majority vote


3. THIRD REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2015-08-25

3.1 LAUNCH OF THE COMMUNITY SKILLS AUDIT PROGRAMME (6/3/1)

(Page 42)

The Executive Committee supported the launch of the Community Skills Audit Programme but submitted that the proposed date of 04 September 2015 was not suitable due to other prior commitments. It was then proposed that a new date for the launch be identified in September 2015. It was noted that the Programme was aimed at identifying skills gap at the community level to make necessary interventions that will impact local economy. The Programme was currently being piloted at the South Durban Basin and to be rolled out throughout the Municipality with effect from September 2015.

Therefore,


That Council approves the launch of the Community Skills Audit Programme being co-ordinated by the Municipal Academy in partnership with the Communications Unit and authorize expenditure in the amount of R245 000.00 (Two Hundred and Forty Five Thousand Rand) for the launch, it being recorded that the date of the launch will be confirmed in due course.


Item Venue Date Requirements Estimated Budget

Logistics Exhibition Centre To be confirmed Hall theatre seating and Parking

R65 000.00

Sound system R20 000.00

Transport – Seventeen buses (One bus per Zone)

R90 000.00

Leaflets R10 000.00

Catering for Councillors

R20 000.00

Banners R30 000.00

Fruit Packs and Packaging

R10 000.00

TOTAL R245 000.00

EMA: Vote No.: 12763.0548; R245 000.00ADOPTED by majority vote


3.2 AFRICAN FORUM FOR URBAN SAFETY WORKING GROUP MISSION, 01 - 02 SEPTEMBER 2015, NAIROBI, KENYA (14/1)

(Page 44)

The eThekwini's involvement in the African Forum for Urban Safety (AFUS) aimed at implementing City-wide crime prevention and urban safety was noted as well as the planned mission in Nairobi to engage on different AFUS aspects. The budget was then amended to reflect the correct amount of R60 000.00 (Sixty Thousand Rand). rather than the incorrect budget amount of R30 000.00 (Thirty Thousand Rand) appearing in the report by the City Manager dated 2015-08-07.

Therefore,


3.2.1 That authority be granted for the Head: Safer Cities & iTrump; Head: Inter-Governmental Relations; Representatives from the Imagine Durban Team and the Municipal Institute of Learning to travel and represent the eThekwini Municipality at the African Forum for Urban Safety Working Group Mission from 01 to 02 September 2015 in Nairobi, Kenya, to achieve the following objectives:-

3.2.1.1 To introduce and lobby support on the AFUS Programme in Nairobi, Kenya;3.2.1.2 To establish an AFUS Working Group;3.2.1.3 To discuss the Terms of Reference of the Working Group as well as the AFUS

Strategic Committee chaired by His Worship the Mayor;3.2.1.4 To document best practices in Africa linked to Urban Safety;3.2.1.5 To plan the upcoming Urban Safety Conference scheduled for November 2015; and3.2.1.6 To identify suitable members for the AFUS Committee.

3.2.2 That, subject to the adoption of .1 above, flights; accommodation; and local transport costs at an estimated costs of R60 000.00 (Sixty Thousand Rand) be borne by eThekwini Municipality.

Vote No.: 24511.11960; R60 000.00; FC No.: SC001/2015/16ADOPTED.

3.3 REQUEST FOR AUTHORITY TO ATTEND SECOND STEERING COMMITTEE AND INTERNATIONAL LEARNING EVENT OF GLOBAL NETWORK ON SAFER CITIES, 21-22 SEPTEMBER 2015, BOGOTA, COLUMBIA (14/1/1)

(Page 48)


3.3.1 That authority be granted for His Worship the Mayor, Councillor JS Nxumalo, to attend the Second Steering Committee meeting and the International Learning Event in the City of Bogota in Columbia from 21 to 22 September 2015 with a view to achieving the following objectives:-

3.3.1.1 To introduce and lobby for support of the African Forum for Urban Safety (AFUS) Programme from the African Union at Addis Ababa, Ethiopia.


3.3.1.2 To discuss the Terms of Reference for the Working Group as well as the AFUS Strategic Committee chaired by His Worship the Mayor.

3.3.1.3 To document best practices in Africa linked to Urban Safety.

3.3.1.4 To plan the upcoming African Forum Conference.

3.3.1.5 To identify suitable members for the AFUS Committee.

3.3.2 That authority be granted for the Head: Safer Cities; Head: Metro Police; and two Councillors from the Community and Emergency Services Committee to accompany His Worship the Mayor to the City of Bogota.

3.3.3 That the costs for flights, accommodation and local transport for the eThekwini Municipality delegation travelling to Bogota be borne by the eThekwini Municipality.

Vote No.: 24511.11960; R60 000.00; FC No.: SC001/2015/16ADOPTED.

3.4 REQUEST FOR AUTHORITY TO ATTEND 51 st INTERNATIONAL SOCIETY OF CITY AND REGIONAL PLANNERS, 19-23 OCTOBER 2015, NETHERLANDS (14/1/1)

(Page 54)


3.4.1 That authority be granted for His Worship the Mayor, Councillor James Nxumalo, or his nominee; 1 (one) Councillor and 7 (seven) officials to attend the 51st International Society of City and Regional Planners (ISOCARP) Conference from 19 to 23 October 2015 in Netherlands for His Worship the Mayor to deliver address at the Mayors Summit of the Conference and to use the Conference platform to promote and do delegate boosting for the 2016 ISOCARP Conference in Durban.

3.4.2 That all delegates be considered to be on Municipal Business during the period of the Conference.

3.4.3 That funding for the delegates be covered by the votes numbers as per the financial implications in the table below.


Name Flights and Medical Insurance

Accommodation

S & T Registration Visa Total Vote Number

Mayor JS Nxumalo

R30 000.00 R15 000.00 As per policy and programme

R6 000.00 Diplomatic R51 000.00 323111.11960

Councillor R15 000.00 R15 000.00 As per policy and programme

R6 000.00 R1 300.00 R37 300.00 00001.11960

Acting Head: Development and Planning


R12 000.00 R2 600.00 R74 600.00 26001.11960


4 x Officials from Planning Department


R24 000.00 R5 200.00 R149 200.00 26430.11960

1 x Official from IGR


NIL R1 300.00 R31 300.00 12749.11960

Recommendations AMENDED in 3.4.1 above by the deletion of the figure and word in brackets “7 (seven)” and by the substitution therefor of the figure and word in brackets “6 (six)” to read as follows:-

“3.4.1 That authority be granted for His Worship the Mayor, Councillor James Nxumalo, or his nominee; 1 (one) Councillor and 6 (six) officials to attend the 51st International Society of City and Regional Planners (ISOCARP) Conference from 19 to 23 October 2015 in Netherlands for His Worship the Mayor to deliver address at the Mayors Summit of the Conference and to use the Conference platform to promote and do delegate boosting for the 2016 ISOCARP Conference in Durban.”,

and thereafter, ADOPTED.

3.5 REPORT OF THE FINANCE AND PROCUREMENT COMMITTEE: MEETING HELD ON 2015-08-20

(Page R1)

3.5.1 Report on Investments (7/11/4):(Page 13: Finance and Procurement Committee - Agenda 2015-08-20)


That the report on the investments of the eThekwini Municipality as at 2015-07-31, submitted by the City Manager as per his report dated 2015-08-07 and as per the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.NOTED.

3.5.2 Monthly Report on Awards Made by the City for the Month of July 2015 (9/1/3):(Page 164 and attached hereto as Annexure A: Finance and Procurement Committee - Agenda 2015-08-20)


3.5.2.1 That the monthly report of the City Manager dated 2015-08-13, relative to tender awards made by the City for the month of July 2015, as presented, be noted.

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

3.5.2.3 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.


3.5.2.4 That the City Manager shall table a report 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 3.5.2.1, 3.5.2.2 and 3.5.2.3 NOTED and Recommendation 3.5.2.4 ADOPTED.

3.5.3 Small Turbine Transfer to Mangosuthu University of Technology (8/1/3):(Page 185 : Finance and Procurement Committee - Agenda 2015-08-20)

The Finance and Procurement Committee considered a report dated 2015-07-03 by the City Manager in the above regard, the purpose of which was to seek authority for the disposal of a Small Wind Turbine by transferring it to the Mangosuthu University of Technology (MUT), Electrical Engineering Department at no cost to MUT, for research and educational purposes.


3.5.3.1 That the disposal of asset: A0008404, WINDTURB910 to Mangosuthu University of Technology, be supported.

3.5.3.2 That the transfer/disposal of the asset will result in no cost to eThekwini Municipality, it being recorded that the asset has been fully redeemed.ADOPTED.

3.5.4 Budget Statement Report for the Month Ending 31 July 2015 (7/1/2/1):(Page 187 and attached hereto as Annexure B: Finance and Procurement Committee - Agenda 2015-08-20)


That the Budget Statement Report for the Month Ending 2015-07-31 submitted by the City Manager as per his report dated 2015-08-12, in compliance with Section 71 of the Municipal Finance Management Act (MFMA) and in terms of Government Notice No 32141 dated 2009-04-17, relating to the Local Government : Municipal Finance Management Act, 2003, be noted. NOTED.

3.5.5 Project Authority for Replacement of Air-Conditioning Units in the Second Floor Rennies House Building:(Page L 18 and attached hereto as Annexure C Finance and Procurement Committee - Agenda 2015-08-20)

The Finance and Procurement Committee considered a report by the City Manager dated 2015-08-12 in the above regard, the purpose of which was to seek approval to undertake the project to replace Air-Conditioning Units in the Second Floor of Rennies House Building.


3.5.5.1 That the Council grants project authority for the replacement of air-conditioning units in the Second Floor Rennie House Building estimated at R200 000 00 inclusive of Value Added Tax.


3.5.5.2 That funding of 200 000 inclusive of VAT be approved and would be processed during the adjustment budget period.

3.5.5.3 That Deputy Head Internal Control is given authority to engage with Architectural Services Department to ensure the replacement of the air-conditioning units, subject to compliance with Supply Chain Management processes.ADOPTED.

3.6 FILLING OF COUNCILLORS VACANCIES (3/5/4)

(Page 117)


That Council notes the appointment of Ntombizodwa Enid Mnguni and Margaret Thandi Mabaso as the African National Congress Proportional Representative (PR) Councillors replacing the late Councillors Judaline Iris Mary Mulqueeny and Ntombizizile Gladys Cotoza.NOTED.

3.7 INTER-MUNICIPAL SPORTS OF SOUTH AFRICA AND SOUTHERN AFRICA INTER-MUNICIPAL SPORTS GAMES: 19-26 SEPTEMBER 2015, LESOTHO (13/7 )

(Page L2)

COMMITTEE RECOMMENDS:3.7.1 That authority be granted for the staff sports team representing eThekwini

Municipality to travel to Lesotho from 19 to 26 September 2015 to participate in the Inter-Municipal Sports Games at an amount of R395 700.00 (Three Hundred and Ninety Five Thousand Seven Hundred Rand).

3.7.2 That the eThekwini Municipality staff sports team be accompanied by Councillors to the games referred to in .1 above, it being recorded that the costs for Councillors' travel in the amount of R47 900.00 (Forty Seven Thousand Nine Hundred Rand) be covered by the Office of the Speaker.

3.7.3 That special leave be granted to staff members representing eThekwini Municipality in the Inter-Municipal Sports Games from 19 to 26 September 2015.

Financial Implications:DESCRIPTION ESTIMATED COSTS

Clothing R65 000.00

Transport R51 000.00

Accommodation R252 000.00

Refreshments R94 500.00

Airtime for the organizers R6 500.00

Affiliation fee R10 000.00

SUB-TOTAL R479 000.00

Less contribution by staff (R850 per person x 98) -R83 300.00*

TOTAL COST TO THE MUNICIPALITY R395 700.00


*832 accounts to be raised for all participants (98), it being recorded that the amount of R83 300.00 was raised to ensure the project falls within the 2015/2016 budget.

Vote No.: 30010.20563.00002 (Staff Sport) R347 800.00; FC No.: 31/063Vote No.: 30010.10571 (Speaker’s Office) R 47 900.00

FC No.: 31/063ADOPTED.

3.8 FUNERAL ASSISTANCE: LATE COUNCILLOR BRIAN JAYANATHAN (17/3/10)


That Council approves the allocation of an amount of R20 000.00 (Twenty Thousand Rand) to assist with the costs of the funeral of the late Councillor Soobramoney (Brian) Jayanathan who passed away on 15 August 2015.

Vote: 32123.05156; R20 000.00; FC 06/20ADOPTED.

4. NOTICES OF MOTION

4.1 NOTICE OF MOTION : LARGE LACK OF NURSING STAFF IN MUNICIPAL CLINICS: PRIMARY HEALTH CARE : PROPOSED BY COUNCILLOR S ASBURY AND SECONDED BY COUNCILLOR HU DE BOER (4/3/1)

This Council noting that:-

Primary health care at grassroots level is an essential service. Offering primary health care is critical in maintaining good public health and shows that we are a caring City.

Hereby resolves that:-

The Executive Committee investigate and report back on the current vacancies in clinics; and in particular investigate and report back on the large lack of nursing staff in Municipal Clinics.By majority vote the above-mentioned Notice of Motion was NOT CARRIED

4.2 NOTICE OF MOTION : BUILDING CLEARANCE CERTIFICATE : PROPOSED BY COUNCILLOR J SINGH AND SECONDED BY COUNCILLOR I CASSIMJEE(1/1/3/1/4)

This Council noting that:-

That there are many authorized building within the City. There are cases where properties with unauthorized buildings had been transferred to Purchasers. The responsibility of regularizing that unauthorized building then becomes the onus of the new Owner who was oblivious of the unauthorized structures thereon. These unauthorized building’s fundamentally affect the rate base of the Municipal.


Hereby resolves that:-

To mandate the Executive Committee to investigate and report back on the feasibility to introduce a By-law pertaining to Building Clearance Certificates being obtained prior to a property being transferred and registered at the Deeds office. The above-mentioned Notice of Motion was WITHDRAWN on the basis that Councillor J Singh would liaise with Councillor SN Gumede with a view to re-drafting the motion to achieve the objective contained therein.

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

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

Councillor M Abraham : 2015-08-25 (Indisposed)Councillor MF Adam : 2015-08-26 (Personal Commitments)Councillor MR Bhengu : 2015-08-26 (Personal Commitments)Councillor I Cassimjee : 2015-08-26 (Indisposed)Councillor TP Collins : 2015-08-26 (Personal Commitments)Councillor RJ Crouch : 2015-08-26 (Indisposed)Councillor M Dasarath : 2015-08-26 (Personal Commitments)Councillor BA Fortein : 2015-08-24 to 28 (Municipal Business)Councillor G Govender : 2015-08-23 to 09-17 (Overseas Trip)Councillor MP Gumede : 2015-08-26 (Municipal Business)Councillor TJ Gumede : 2015-08-24 to 26 (Indisposed)Councillor VC Gumede : 2015-08-26 (Indisposed)Councillor PP Hlengwa : 2015-08-26 (Indisposed)Councillor S Hoosen : 2015-08-26 (Overseas Trip)Councillor SKB Kikine : 2015-08-25 to 28 (Indisposed)Councillor P Luthuli : 2015-08-26 (Indisposed)Councillor BA Mkhize : 2015-08-26 (Municipal Business)Councillor DF Mncwabe : 2015-08-26 to 09-09 (Personal Commitments)Councillor MC Mnyandu : 2015-08-26 (Personal Commitments)Councillor FT Moyo : 2015-08-26 (Indisposed)Councillor MK Mthembu : 2015-08-24 to 28 (Indisposed)Councillor AB Mvubu : 2015-08-26 to 27 (Personal Commitments)Councillor Jane Naidoo : 2015-08-26 (Personal Commitments)Councillor S Naidoo : 2015-08-26 (Personal Commitments)Councillor S Ndlovu : 2015-08-26 to 27 (Indisposed)Councillor GS Ngcobo : 2015-08-26 (Indisposed)Councillor SJM Nhlapho : 2015-08-25 to 26 (Municipal Business)Councillor KR Pillay : 2015-08-26 (Indisposed)Councillor MT Shelembe : 2015-08-26 (Personal Commitments)Councillor D Singh : 2015-08-26 (Indisposed)Councillor WS Zenzile : 2015-08-26 (Indisposed)

City Administration: Secretariat26August 2015

decisions - council - 2015-08-26 - durban minutes and d… · web viewq1, 2 & 3 informal...

Documents