minutes council 31 october 2019 - tshwane calendar...mehlape mm 27. meyer k 28. meyer ca 29. millar...

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1 1 COUNCIL MINUTES FOR APPROVAL AT THE COUNCIL MEETING OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY (FOURTH TERM OF THE CITY OF TSHWANE), TO BE HELD ON 28 NOVEMBER 2019 AT 10:00 Council Meeting of the City of Tshwane Metropolitan Municipality held on 31 October 2019 at 10:00

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Page 1: Minutes Council 31 October 2019 - Tshwane Calendar...Mehlape MM 27. Meyer K 28. Meyer CA 29. Millar PE 30. Mkhari M 31. Moheta RB 32. Mohlamme T 33. Mokhotho NL 34. Moloto LKP 35

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COUNCIL MINUTES FOR APPROVAL AT THE COUNCIL MEETING OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY (FOURTH TERM OF THE CITY OF TSHWANE), TO BE HELD ON 28 NOVEMBER 2019 AT 10:00

Council Meeting of the City of Tshwane Metropolitan Municipality held on 31 October 2019 at 10:00

Page 2: Minutes Council 31 October 2019 - Tshwane Calendar...Mehlape MM 27. Meyer K 28. Meyer CA 29. Millar PE 30. Mkhari M 31. Moheta RB 32. Mohlamme T 33. Mokhotho NL 34. Moloto LKP 35

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MINUTES of the Council Meeting of the

CITY OF TSHWANE METROPOLITAN MUNICIPALITY

(FOURTH TERM OF THE CITY OF TSHWANE)

held in the Council Chamber, Tshwane House, Madiba Street, Pretoria, on THURSDAY, 31 OCTOBER 2019 at 10:00.

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 31 OCTOBER 2019

DA :

PROPORTIONAL 1. Mokgalapa S (Executive Mayor) 2. Mathebe RK

(Speaker of Council) 3. Van den Heever CM (Chief Whip of

Council) 4. Barendrecht JW 5. De Klerk MJ 6. Dhlamini SO 7. Ditabo DD 8. Dzumba KY 9. Engelbrecht BA 10. Fourie M 11. Helfrich WP 12. Jansen J 13. Kgaboesele F 14. Kgobane T 15. Kwenaite P 16. Khumalo ZC 17. Lee TW 18. Louw E 19. Maake MR 20. Maas S 21. Mabena TW 22. Mabunda L 23. Maimane SS 24. Makgaleng KG 25. Makhafula MA 26. Mehlape MM 27. Meyer K 28. Meyer CA 29. Millar PE 30. Mkhari M

31. Moheta RB 32. Mohlamme T 33. Mokhotho NL 34. Moloto LKP 35. Monaanyane HT 36. Moreriane OT 37. Moss D 38. Motale SK (Apology) 39. Motau LG 40. Motsaneng S 41. Mthimunye PG 42. Napier CJ (Prof) 43. Ndlovu JZ 44. Nkosi K 45. Nortje HJ 46. Phokoje STT 47. Pretorius GC 48. Selowa D 49. Semfeng KD 50. Senkubuge SL 51. Thwala DS 52. Vilakazi TC (Absent) 53. Wannenburg DG 54. Williams RM

WARD 55. Bekker CF 56. Billson C 57. Botha EAL 58. Breytenbach AS 59. Chapman B 60. Coetzee JJ 61. De Bruin CRE (Resigned 30/10/2019) 62. Du Plooy J 63. Duvenage Y 64. Farquharson DJ 65. Fourie RP 66. Johnston D

81. Sutherland M 82. Sutton P 83. Tau AM 84. Uys J 85. Uys R 86. Van Buuren JG 87. Van Heerden PW 88. Van Niekerk AM 89. Van Wyk FW 90. Visser GP 91. Wakelin KH 92. Welmans LJ 93. Wilkinson S

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67. Kruger-Muller M 68. Lawrence BW 69. Linde E 70. McDonald CN 71. Middelberg LR 72. Muller S 73. Nel E 74. Nel PA 75. Pienaar CF 76. Pietersen IJ 77. Prinsloo CD (Adv) 78. Smith FJ 79. Strange MI 80. Strijdom CE (Apology)

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ANC:

PROPORTIONAL

1. Boshomane MJ 2. Lekgema PL 3. Mabitsela MM 4. Mabona SJ 5. Mabusela TE 6. Maepa KL (Dr) 7. Maine MT 8. Makgatho JT 9. Masombuka JB 10. Mashamba RW 11. Mashego RT 12. Matlala LS 13. Matshiyane MMS 14. Mohlala RJB 15. Mojela DL 16. Mokwena PHN 17. Morudu MGR 18. Mmoko TE (Absent) 19. Ndlovu TA 20. Sibisi IB 21. Tyobeka-Makeke NP

WARD

22. Aphane IM 23. Baloyi MB 24. Baloyi JK 25. Baloyi JJ 26. Boroto AS 27. Celiphile M 28. Chiloane EP 29. Dinale AL 30. Dhlamini SF 31. Essop M 32. Hlatshwayo FE 33. Hlatshwayo PB 34. Kgatle TF (Apology) 35. Lehobye DJ 36. Mabelane VP 37. Magodielo TK 38. Mahlangu TF 39. Mahwayi MM 40. Maila ST 41. Maja SD 42. Makola MA 43. Maleka RR 44. Maluleka AM 45. Mampuru SF 46. Mantjane MA

70. Ngobeni JM 71. Nkosi FE 72. Ntlatleng WT 73. Ntohla ZS 74. Phahlane AK 75. Qebelu SN 76. Rallele M 77. Rammushi JP 78. Rangako TM 79. Rasegoete MM 80. Ringane MB 81. Sedibeng SL 82. Sebotsane MP (Apology) 83. Skhosana MN 84. Sindane JM (Apology) 85. Siphutuma BT 86. Thema FM 87. Tsela CD 88. Tshabalala ES 89. Zitha PB

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47. Marishane MS 48. Masango V 49. Maseko PL (Apology) 50. Masemola CS 51. Masemola VI 52. Mashapa MA 53. Mashola MS 54. Masilela JK (Absent) 55. Masilela JW 56. Masupha NR 57. Mathe DM (Absent) 58. Mathenjwa NL 59. Matjene MH 60. Meme MN (Apology) 61. Mlotshwa EM 62. Mokgalotsi NA 63. Mokhare JN 64. Molaba PF 65. Moloi ED 66. Motaung TB 67. Mphaga IS 68. Mulaudzi LG 69. Ndlovu NGJ

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EFF:

PROPORTIONAL

1. Chauke SR 2. Chilwana NM (Apology) 3. Disoloane KB 4. Kgwedi DI 5. Lekgothoane JL 6. Letlonkoene TK 7. Maboa PP 8. Mabogwana MO 9. Machaba NE (Apology) 10. Mafole K 11. Manaka PN 12. Masemola AT (Apology) 13. Masilela L 14. Masoleng MA (Apology) 15. Matjie LA 16. Mathebula HN 17. Mnguni NP 18. Monchusi RGM

19. Motsa NS 20. Moyana MM 21. Phukuile B 22. Ramabodu OS 23. Silaule GV 24. Tshabane SB 25. Tuwani T (Apology)

FF +:

PROPORTIONAL 1. Erasmus, LA 2. Erasmus, BHJ 3. Du Plooy IP 4. Uys, PD

ACDP:

PROPORTIONAL 1. Kissoonduth, A

COPE:

PROPORTIONAL 1. Nkwane, S

PAC:

PROPORTIONAL 1. Lekgoathi, LJ

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REPRESENTATIVES FROM THE TRIBAL AUTHORITIES 1. AmaNdebele Ba Lebelo

KH Swandle 2. AmaNdebele wakwa Ndzundza

Sokhulumi KE Nakedi

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MINUTES: COUNCIL MEETING: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 31 OCTOBER 2019 Order of business of the Council Meeting convened in terms of Section 2 (read with Section 8) of the Rules and Orders: INDEX Pages A. OPENING: PRAYER OR MEDITATION ………………………………….. 13 B. APPLICATIONS FOR LEAVE OF ABSENCE ………………………….. 14 C. OFFICIAL NOTICES ………………………………………………………. 15 D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER

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

COUNCIL MEETING: 26 SEPTEMBER 2019…………………………… 18

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F. REPORTS TO THE COUNCIL

(a) REPORTS OF THE EXECUTIVE MAYOR (i) RECOMMENDATIONS TO COUNCIL

PART I: FROM THE MAYORAL COMMITTEE MEETING: 2 OCTOBER 2019 INDEX

PAGES (The recommendation appears on the page indicated in brackets) 1. Ref. no. 36199/1

Emergency Services Department Disaster Risk Management: 2018/2019 Annual Report (From the Executive Committee: 9 September 2019 and the Mayoral Committee: 2 October 2019) …………………………………… 20-21

PART II: FROM THE MAYORAL COMMITTEE MEETING: 16 OCTOBER 2019 2. Ref. no. 91934/1

Economic Development and Spatial Planning Department Draft Groenkloof Nature Reserve Precinct Plan (From the Executive Committee: 30 September 2019 and the Mayoral Committee: 16 October 2019) …………………………. 22

3. Economic Development and Spatial Planning Department

(City Planning) Application is made in terms of Section 28 of the Town Planning and Townships Ordinance, 1986, (Ordinance 15 of 1986) for the amendment of the Pretoria Town-Planning Scheme, 1974: Portion 1 of Erf 15, Portion 2 of Erf 58, Portion 1 of Erf 60 and Erf 282, Mayville (Part PNMROZB1A1P - Part of Baan Street and Botha Avenue) (From the Strategic Land Development Tribunal: 28 June 2019 and the Mayoral Committee: 16 October 2019) ……………………. 23-25

4. Economic Development and Spatial Planning Department

(City Planning and Development) Application for the restriction of access to public places for safety and security purposes in terms of the rationalisation of Local Government Affairs Act, 1998 (Act 10 Of 1998): Part of Bootes Street between Johann Rissik Drive and Perseus Avenue, Waterkloof Ridge (From the Strategic Land Development Tribunal: 28 June 2019 and the Mayoral Committee: 16 October 2019) ………………………. 26-27

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5. Ref. no. 73719/1 Group Property Department

Corrective report: The proposed alienation by sale in terms of Section 14(2) of the Municipal Finance Management Act (Act 56 of 2003) of properties located in the Northern Gateway of the Government Boulevard to the National Department of Public Works in order to develop government offices (From the Special Executive Committee: 9 October 2019 and the Mayoral Committee: 16 October 2019) ………………. 28-30

6. Ref. no 84900/2

Human Settlement Department Memorandum of Understanding and engineering Service Level Agreement for Rama City Integrated Housing Development (From the Special Executive Committee: 9 October 2019 and the Mayoral Committee: 16 October 2019) …………………… 31-32

7. Ref. no. 90353/1 Group Financial Services Department

Long term debt of 2019/20 Capital Program information statement – Municipal Finance Management Act (Act 56 of 2003) (MFMA) compliance requirement (From the Special Executive Committee: 9 October 2019 and the Mayoral Committee: 16 October 2019) ………………. 33

8. Group Financial Services Department

(Supply Chain Management) Deviations tenders approved for the First Quarter of 2019/20 financial year in terms of Supply Chain Management Regulation 36 of Municipal Finance Management Act (MFMA) (From the Special Executive Committee: 14 October 2019 and the Mayoral Committee: 16 October 2019) ……………….. 34

9. Group Financial Services Department

Municipal Finance Management Act (MFMA) In-year financial report (monthly and First Quarter budget statement) for the period ending 30 September 2019 (From the Special Executive Committee: 14 October 2019 and the Mayoral Committee: 16 October 2019) …………………….. 35-36

10. Group Financial Services Department

(Supply Chain Management) Irregular expenditure for the First Quarter of 2019/20 financial year (From the Special Executive Committee: 14 October 2019 and the Mayoral Committee: 16 October 2019) …………..……. 37

11. Group Financial Services Department

(Supply Chain Management) Supply Chain Management performance report for the First Quarter of 2019/20 financial year (From the Special Executive Committee: 14 October 2019 and the Mayoral Committee: 16 October 2019) ……..………. 38

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12. Group Financial Services Department Grants and subsidies progress report including internal controls and improvements on grants for the period ended 30 September 2019 (From the Special Executive Committee: 14 October 2019 and the Mayoral Committee: 16 October 2019) …………………………… 39

13. Ref. no. 49694/1 City Strategy and Organisational Performance Department

First Quarter performance report for the 2019/20 financial year on the implementation of the Service Delivery and Budget Implementation Plan (SDBIP) (From the Special Executive Committee: 14 October 2019 and the Mayoral Committee: 16 October 2019) ………………..………………… 40

14. Ref. no. 03936/1

Office of the City Manager Fruitless expenditure: Tshwane Economic Development Agency (TEDA) (From the Special Executive Committee: 9 October 2019 and the Mayoral Committee: 16 October 2019) ………………………………….. 41

15. Report on misrepresentation made by a section 56 manager with

regard to qualifications and proposals for corrective measures to be followed ………………………………………………………………………….… 42 (NB: Please note that due to the confidential nature of this report, the report was only distributed to Councillors, at the Council meeting.)

(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURES A, A.1, A.2 AND A.3) ………………………………………. 43 (b) REPORTS OF OVERSIGHT AND STANDING COMMITTEES

REPORTING DIRECTLY TO THE COUNCIL …………………………….. 44-66 (b)(ii) RESOLUTIONS BY OVERSIGHT AND STANDING COMMITTEES REPORTING TO THE COUNCIL (ANNEXURE B) …………………….. 67 G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN ………………. 68 H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS

MEETING …………………………………………………………………….. 69 I. NEW MOTIONS …………………………………………………………….. 70

J. PETITIONS …………………………………………………………………… 77-72

K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF THE MEETING, AT THE DISCRETION OF THE SPEAKER ………….. 73-77

L. CONCLUSION ……………………………………………………………… 78

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 31 OCTOBER 2019

A. OPENING: PRAYER OR MEDITATION

The Speaker, Cllr RK Mathebe welcomed all present by requesting members to observe a moment of silence for prayer or meditation.

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B. APPLICATIONS FOR LEAVE OF ABSENCE

The Chief Whip of Council, Cllr CM van den Heever, in accordance with powers delegated to him submitted the approved leave of absence of the following Councillors: SK Motale CE Strijdom TF Kgatle PL Maseko MN Meme MP Sebotsane JM Sindane NM Chilwana NE Machaba AT Masemola MA Masoleng T Tuwani (Remarks: 1. Cllr AM Maluleka apologised to arrive late i.e. at 14:00.

2. The following Councillors apologised for early departure:

DL Mojela: 12:00 M Rallele: 14:00 MM Rasegoete: 14:00 CS Masemola: 15:30 LJ Lekgoathi: 12:00

3. As no leave of absence was presented for the following Councillors, they be

deemed absent without leave:

TC Vilakazi JK Masemola DM Mathe TE Mmoko.)

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C. OFFICIAL NOTICES

ANNOUNCEMENT OF CASUAL VACANCY: DA WARD 3: CLLR CRE DE BRUIN

The Speaker explained that she has received a letter of resignation dated and effective 30 October 2019 from Cllr CRE de Bruin, DA Ward Councillor for Ward 3 which resignation results in a casual vacancy in Ward 3. The Speaker further explained that under Item K, matters allowed by the Speaker under Section 8(1)(k) of the Rules and Orders, there is an item from the Office of the Chief Whip which was coming from the Special Committee, i.e. Item 4 ‘Report on Breaches to Item 3 of the Code of Conduct for Councillors in terms of Schedule 1 of the Municipal Systems Act (Act 32 of 2000) in a matter pertaining to Councillor CRE de Bruin’, dealing with Cllr De Bruin’s alleged breaches of Item 3(a) of the Code of Conduct for Councillors, and the way forward. The Speaker added that the fact that Cllr De Bruin has now resigned after that item was already processed and submitted by the Special Committee for this Council meeting, it will be discussed together with Item 4 under Section 8(1)(k) of the Rules and Orders. The Speaker furthermore indicated that in the meantime, in accordance with Section 25(3) of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), the City Manager, after consulting with the Independent Electoral Commission, must by notice in a local newspaper call and set a date for the by-election which must be held within 90 days of the date on which the vacancy in Ward 3 occurred.

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

1. REPORTS ALLOWED BY THE SPEAKER AT HER DISCRETION IN TERMS OF

SECTION 8(1)(k) OF THE RULES AND ORDERS

The Speaker explained that Section 8(1)(k) of the Rules and Orders provides for reports / matters not contained in the notice of the meeting to be allowed at the discretion of the Speaker.

The Speaker further indicated that she had allowed the following reports under Section 8(1)(k) of the Rules and Orders and these reports will be dealt with towards the end of the agenda.

• Office of the Speaker Annual Programme for Quarterly Public meetings in 107 Wards: 1 October 2019 to 30 June 2020

• Office of the Chief Whip of Council

Report of the Recommendations made by the Special Committee responsible

to investigate alleged Breaches of item 3(a) of the Code of Conduct for

Councillors for the month of July 2019

• Office of the Chief Whip of Council Report of the recommendations made by the Special Committee responsible to investigate alleged Breaches of Item 3(a) of the Code of Conduct for Councillors for the month of August 2019

• Office of the Chief Whip of Council Report on Breaches to Item 3 of the Code of Conduct for Councillors in terms of Schedule 1 of the Municipal Systems Act (Act 32 of 2000) in a matter pertaining to Councillor CRE De Bruin

2. AWARD TO MMC: ROADS AND TRANSPORT: MMC S SENKUBUGE: EXCELLENCE

IN LEADERSHIP The Speaker explained that the Third Annual Women in Transport Awards Ceremony was held on 15 October 2019 at the Durban International Convention Centre. She further explained that MMC Sheila Senkubuge, MMC for Roads and Transport, was nominated for and won an award in the category of Excellence in Leadership. She added that with already another award that was obtained less than 3months ago (South Africa’s 2019/20 winner in the Business and Governance category of the Most Influential Women Awards for SADC South by the CEO Magazine), it becomes evident that MMC Senkubuge is an inspiration amongst her peers and is acknowledged for the roles that she had in her portfolio.

The Speaker hereafter gave the floor to the Executive Mayor to share with Council more detail on the MMC’s remarkable achievements. Following the address by the Executive Mayor, the Speaker requested the Executive Mayor and MMC Senkubuge to come forward to the podium for the Executive Mayor to congratulate and hand over the award to MMC Senkubuge.

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Hereafter Cllr TE Mabusela on behalf of the ANC congratulated MMC Senkubuge on her achievements.

3. LATE BUT URGENT REPORT SUBMITTED BY THE EXECUTIVE

The Speaker explained that she has received a request from the Executive Mayor to table a late but urgent report to this Council meeting relating to the misrepresentations made by a Section 56 Manager with regard to qualifications. The Speaker further indicated that the Executive Mayor would speak on this item when tabling his reports to Council.

4. CIRCULAR 2/2019 DELIMITATION OF WARDS 2019-2020 IN PREPARATION FOR THE 2021 LOCAL GOVERNMENT ELECTION

The Speaker explained that she has received Circular 2/2019 from the Municipal Demarcation Board which purpose was, among others, to share the 2019/20 Ward Delimitation Programme with the Municipal Demarcation Board (MDB) Stakeholders, provide all stakeholders with an update on the progress regarding the Ward delimitation process and to urge all affected stakeholders and Municipalities to communicate contents of this circular to members of the public and encourage participation in the Ward delimitations process. The Speaker further explained that the circular outlining the different activities that constitutes the Ward delimitation process has been loaded on SharePoint Calendar for Councillors’ information/attention.

5. REQUEST BY ANC AND DA CAUCUSES TO SPEAK UNDER UNOPPOSED

PROPOSALS ALLOWED BY THE SPEAKER

The Speaker explained that she has received a request from both ANC and DA caucuses during Programming Committee meeting to speak on the South African Rugby Team (Springboks). The Speaker hereafter gave the following Councillors on behalf of their respective political parties opportunity to address Council on the abovementioned matter: MMC A Tau MMC IP Du Plooy MMC K Meyer RJB Mohlala.

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E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS COUNCIL MEETING: 26 SEPTEMBER 2019 When the Speaker tabled this item for consideration on 31 October 2019, Cllr J Du Plooy seconded by Cllr E Linde proposed the following amendments to the minutes: 1. Page 35, Item 10 “Update of the events that took place during the employers’

unprotected strike (29 July 2019 to 2 August 2019)”.

That in the first paragraph appearing in bold and italic typing be amended to read as follows: “During consideration of this item by Council on 26 September 2019, Cllr AM Maluleka addressed Council on this matter. During his address Councillor Maluleka among others stated that there were allegations that the Speaker was insisting that her sister be employed as a Director in Regional Operations at the Water and Sanitation Division, but that she (the Speaker’s sister) was not qualified to be employed as a Director there and was refused such employment, and that, according to Cllr Maluleka, that was why the City was suspending these Regional Executive Directors.”

2. Page 75, item “L. CONCLUSION”

That the word ‘Acting’ just before the word ‘Speaker’ be deleted.

The Council acceded to the proposed amendments by Cllr Du Plooy and it was thereafter resolved as set out below: RESOLVED: That the Minutes of the Ordinary Council meeting of 26 September 2019 be approved subject to the above amendments.

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 31 OCTOBER 2019

F. REPORTS TO COUNCIL

The Executive Mayor submitted reports from the Mayoral Committee to Council for consideration, as contained in Parts I and II as well as Annexures A, A.1, A.2 and A.3 for cognisance and / or discussion.

The Executive Mayor hereafter explained that he would be tabling an urgent report as Item 15 relating to the misrepresentations made by a Section 56 Manager with regard to qualifications and further requested that such report be considered In Committee. At this stage, among others, Cllr MS Marishane supported by Cllr SJ Mabona explained that at the previous Council meeting the Executive Mayor made an undertaking to submit a comprehensive report on the matter of Food Bank and therefore requested an explanation in this regard. Following a debate on this matter, the Executive Mayor assured Council that he is still attending to this matter and a report in this regard would be tabled in Council.

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 31 OCTOBER 2019

F. REPORTS TO COUNCIL

(a) Report of the Executive Mayor (i) Recommendations to Council

Reference No 36199/1[ESD 8/1/2/2/1/1] Previn Govender (2136) COUNCIL: 31 October 2019

1. EMERGENCY SERVICES DEPARTMENT DISASTER RISK MANAGEMENT: 2018/2019 ANNUAL REPORT (From the Executive Committee: 9 September 2019 and from the Mayoral Committee: 2 October 2019) The report serves to provide information about the Disaster Risk Management Annual Report for 2018/2019 which is required to be submitted to Council, and further submitted to the Gauteng Provincial Disaster Management Centre for incorporation into the National Disaster Management Centre Annual Report.

IT WAS RECOMMENDED (TO THE COUNCIL: 31 OCTOBER 2019):

1. That cognisance be taken of the 2018/2019 Disaster Risk Management Annual Report for the City of Tshwane; and

2. That it be noted that the Emergency Services Department is required to submit a copy of the 2018/2019 Annual Report on Disaster Risk Management for the City of Tshwane to the National and Provincial Disaster Management Centre respectively.

During consideration of this item by Council on 31 October 2019, the following Councillors participated in the debate:

NP Masupha (Cllr Masupha, among others, indicating that in his opinion the Departmental Head was a fraudster and not qualified to be in that position, and as a result this report should not be in this agenda.) OS Ramabodu (Cllr Ramabodu during his address among others, express concern about the qualifications of the author of this report) MGR Morudu (Cllr Morudu among others, suggesting that this report be rejected as the author of this report in her opinion does not have the necessary qualifications to lead the Emergency Services Department) RT Mashego (Cllr Mashego echoed the same sentiments as councillors who preceded him and emphasised that the report should be withdrawn.) MMC K Meyer (MMC Meyer clarified Council about the purpose of the report and the process that was followed in compiling the report, and as such there was no reason why the report should not be considered.)

Following the debate on this matter, the Executive Mayor withdrew this item from the agenda.

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

RESOLVED:

That this item be withdrawn from the agenda.

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Reference No 91934/1 Makgorometje Makgata (0940) COUNCIL: 31 October 2019

2. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT DRAFT GROENKLOOF NATURE RESERVE PRECINCT PLAN (From the Executive Committee: 30 September 2019 and the Mayoral Committee: 16 October 2019)

The purpose of the report is to obtain approval for public participation on the draft Groenkloof Nature Reserve Precinct Plan. During consideration of this item by Council on 31 October 2019, and after Councillors SF Mampuru, NS Motsa and MMC IJ Pietersen addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That the draft Groenkloof Nature Reserve Precinct Plan be approved for Public participation.

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CPD 9/2/4/2 – 12104 (Item 10822) Makgorometje A Makgata (0940) COUNCIL: 31 October 2019 3. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT

(CITY PLANNING) APPLICATION IS MADE IN TERMS OF SECTION 28 OF THE TOWN PLANNING AND TOWNSHIPS ORDINANCE, 1986, (ORDINANCE 15 OF 1986) FOR THE AMENDMENT OF THE PRETORIA TOWN-PLANNING SCHEME, 1974: PORTION 1 OF ERF 15, PORTION 2 OF ERF 58, PORTION 1 OF ERF 60 AND ERF 282, MAYVILLE (PART PNMROZB1A1P - PART OF BAAN STREET AND BOTHA AVENUE) (From the Strategic Land Development Tribunal: 28 June 2019 and the Mayoral Committee: 16 October 2019)

The purpose of the report is to get approval in terms of Section 28 of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986) for the amendment of the Pretoria Town-planning Scheme, 1974 in respect of Portion 1 of Erf 15, Portion 2 of Erf 58, Portion 1 of Erf 60 and Erf 282 (Part PNMROZB1A1P - part of Baan Street and Botha Avenue), Mayville.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the application for the rezoning of Portion 1 of Erf 15, Portion 2 of Erf 58,

Portion 1 of Erf 60 and Erf 282, Mayville (Part PNMROZB1A1P - part of Baan Street and Botha Avenue), from ”Municipal”, “Proposed Public Open Space”, partly “Proposed Public Open Space” and partly “Public Road” to “Special” for a Place of Public Worship, subject to the conditions in the proposed Annexure T (attached as Annexure 7), be approved in principle.

2. That notice be given of the application as prescribed in the Town-planning and

Townships Ordinance, 1986 (Ordinance 15 of 1986):

(a) That if objections or representations are received, the draft scheme be submitted to Council for final resolution.

(b) That, if there are no objections or representations received, the application

be deemed to have been approved and be promulgated. 3. That the applicant shall notified this Department at least 14 days prior to any

advertisement as per paragraph 2 for the Municipality to have the report and file available for possible inspection.

4. That the owner is responsible for the payment of the amounts for the provision

of engineering services in terms of Section 63(1) of the Town Planning and Townships Ordinance, 1986 (Ordinance 15 of 1986).

5. That the erven be consolidated after the promulgation of this Amendment

Scheme by the applicant.

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6. That, the owner is responsible for the payment of the amounts for engineering services and parks and open spaces contributions/development charges in terms of Chapter 7 of the City of Tshwane Land Use Management By-Law, 2016, read with Sections 40(7), 49 and 50 of SPLUMA as contained in this approval, and subject to the following:

6.1 No clearance in terms of section 118 of the Municipal Systems Act, (Act 32

of 2000) for registration of any portion and or transfer of the land which forms the subject of this application may be issued until and unless the owner has paid engineering service and park and open spaces contributions/development charges.

6.2 The owner may not exercise any rights granted in terms of this approval

until and unless the owner has paid engineering services and park and open spaces contributions/development charges.

6.3 No Building Plans, including section 7(6) provisional authorization to build,

may be approved in terms of the National Building Regulations and Standards Act, 1977 until and unless the owner has paid engineering services and park and open spaces contributions/development charges.

6.4 Nothing contained in this approval shall prevent the Municipality on

payment of engineering services and parks and open spaces contributions/development charges from recalculation of the contributions/charges including the payment of interest as may be contained in the applicable policies of the City of Tshwane approved from time to time.

7. That, no transfer or clearance for transfer may be issued until and unless the

owner has paid engineering contribution/development charges as stipulated in Section 53 of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) and or section 16(10) of the City of Tshwane Land Use Management By-law, 2016 as the case may be.

8. Kindly take note that all amounts in respect of the provision of engineering

services, except the amount in respect of electricity, must be paid at Group Financial Services Department: Mrs Lerato Salemane, BKS Building, 373 Pretorius Street, 2nd Floor, Room 206. This approval letter must be produced when payments are made.

All amounts in respect of electricity are payable at Room 426, Bothongo Plaza East building, Francis Baard Street. Refer any enquiries regarding service contributions and/or conditions directly to the applicable Public Works and Infrastructure Development Department. 9. That the Municipality’s approval in the above regard should not be seen or

interpreted thus being so, as approval or approval in principle, of any application that may follow on the relevant property.

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10. You are hereby informed that you may appeal the decision contained herein in

terms of Section 20 of the City of Tshwane Land Use Management By-law, 2016 read with section 51 of the Spatial Planning and Land Use Management Act, 16 of 2013, which sets out the timeframes, processes and procedures for the lodging of an appeal.

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CPD 9/1/1/3-WKR 744 (Item 224) Makgorometje A Makgata (0940) COUNCIL: 31 October 2019) 4. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT

(CITY PLANNING AND DEVELOPMENT) APPLICATION FOR THE RESTRICTION OF ACCESS TO PUBLIC PLACES FOR SAFETY AND SECURITY PURPOSES IN TERMS OF THE RATIONALISATION OF LOCAL GOVERNMENT AFFAIRS ACT, 1998 (ACT 10 OF 1998): PART OF BOOTES STREET BETWEEN JOHANN RISSIK DRIVE AND PERSEUS AVENUE, WATERKLOOF RIDGE (From the Strategic Land Development Tribunal: 28 June 2019 and the Mayoral Committee: 16 October 2019)

The purpose of the application is to consider the approval for the closure of a part of Bootes Street between Johann Rissik Drive and Perseus Avenue, Waterkloof Ridge serving 19 Residential 1 erven and 3 Residential 2 erven, in terms of Section 45 read with Section 44 of the Rationalisation of Local Government Affairs Act, 1998 (Act 10 of 1998). During consideration of this item by Council on 31 October 2019, the following Councillors participated in the debate: RT Mashego (among others, indicating that denying people access to a residential area, was unconstitutional and the report should therefore not be allowed.) MMC IJ Pietersen responded to Cllr Mashego’s concerns and clarified issues raised. Council hereafter resolved as follows: (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That the application for access restriction to public places for safety and

security purposes in terms of the rationalisation of Local Government Affairs Act, Act 10 of 1998, part of Bootes Street between Johan Rissik Drive and Perseus Avenue, Waterkloof Ridge, be rejected based on the verbal amendment of the presentation of the applicant.

2. That the applicant resubmit the application based on the new policy of the City. 3. That it be noted that there was a discrepancy in the total where the applicant

mentioned that there were 21 households in the street.

4. That it be noted, according to the applicant, he represented 16 households from which nine (9) were objectors and five (5) are not mentioned.

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5. That the applicant should have submitted written affidavits from the residents of house numbers 217 and 219 whom it is indicated did not find any nuisance from the activities of the boom gate whilst the objectors present confirmed nuisance.

6. That the new application address the difference between the request for a boom with a guard and a boom gate that will limit access of the public in the area in question.

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Reference No 73719/1 Verusha Morgan (7305) COUNCIL: 31 October 2019 5. GROUP PROPERTY DEPARTMENT

CORRECTIVE REPORT: THE PROPOSED ALIENATION BY SALE IN TERMS OF SECTION 14(2) OF THE MUNICIPAL FINANCE MANAGEMENT ACT (ACT 56 OF 2003) OF PROPERTIES LOCATED IN THE NORTHERN GATEWAY OF THE GOVERNMENT BOULEVARD TO THE NATIONAL DEPARTMENT OF PUBLIC WORKS IN ORDER TO DEVELOP GOVERNMENT OFFICES (From the Special Executive Committee: 9 October 2019 and the Mayoral Committee: 16 October 2019)

The purpose of the report is to correct the Council Resolution dated 25 June 2015 for the sale of several properties to the National Department of Public Works by including properties which were omitted in the initial report, also to request Council to ratify the attached deed of sale that included the 6 properties listed in this report prior to Council approval.

During consideration of this item by Council on 31 October 2019, the following Councillors participated in the debate:

OS Ramabodu (Cllr Ramabodu during his address among others, referred to the previous Administration as ‘criminals’, whereafter Cllr JP Rammushi on a point of order and on behalf of the ANC requested that Cllr Ramabodu withdraw the word ‘criminals’.

In response Cllr Ramabodu explained that he was not referring to the ANC but to a previous government.

Following inputs by Councillors MO Mabogwana and RJB Mohlala on the matter, Cllr Ramabodu proceeded with his address.)

Cllr Ramabodu when proceeding with his address, remarked as follows: ‘Dogs of White Monopoly Capital’ whereafter Cllr MM Mehlape requested that such remark be withdrawn failing which Cllr Ramabodu be referred to the Rules and Ethics Committee. Hereafter Cllr MO Mabogwana addressed Council on this matter by referring Council to the recent Order of the Equality Court on the Leader of the EFF declaring the said statement not being offensive. The Speaker noted the input by Cllr Mabogwana, however, ruled that this matter be referred to the Rules and Ethics Committee. Councillors J du Plooy, DJ Farquharson and S Muller hereafter also requested that the conduct of Cllr Ramabodu towards the DA Councillors be referred to the Rules and Ethics Committee.

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Following inputs by Cllr JJ Baloyi and MMC RB Moheta on the contents of the report, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the council resolution dated 25 June 2015 be amended by including the

properties which were omitted in the report and to further request the council to also ratify the deed of sale thereof attached as annexure "B.

2. That the following properties are not required to provide the minimum level of

basic municipal services:

1. Remainder of Erf 842 measuring 1 679m² in extent; 2. Portion 3 of Erf 872 Pretoria measuring 306m²; 3. Portion 4 of Erf 872 Pretoria measuring 301m²; 4. Portion 5 of Erf 872 Pretoria measuring 668m²; 5. Portion 6 of Erf 872 Pretoria measuring 306m² 6. Portion 1 of erf 874 Pretoria measuring 1 276m²; 7. Portion 1 of erf 845 Pretoria measuring 997m²; 8. Remainder of Erf 842 measuring 1 679m² in extent; and 9. Portion 1 of erf 847 Pretoria measuring 947m².

3. That the fair market value of the above mentioned properties; the economic

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

4. That Council approves the sale of properties listed in recommendation 2 above

in terms of the of section 14(2) of the Municipal Finance Management Act and the Municipal Asset Transfer Regulations, Regulation 5(1)(b)(i) and (ii).

5. That it be noted that the properties listed in recommendation 2 were sold at

market values determined by a Professional Value. 6. That notice of the proposed sale will be advertised in terms of section 79(18)

of the Local Government Ordinance, 1939(Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed sale be received, such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in terms of the municipality’s Land Management Policy.

7. That Council authorizises the termination of all existing leases on properties

indicated in recommendation 1 above to enable the City to avail the properties to the National Department of Public works.

8. That further consultation will be done with the Group Head: Roads and

transport to ensure that existing roadway, walkway and stormwater services along the western side of the section of Paul Kruger Street between Bloed and Boom Streets in particular are clearly defined.

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9. That when redeveloping the sites, access for fire-fighting and rescue purposes, must be provided in accordance with Regulation T(1)(1)(e) of the National Building Regulations, read with the Deemed to Satisfy rules, Clause 4.54 of SANS 10400 – 2010 (The Application of the National Building Regulations). Any future structures/buildings being erected on the premises must conform to the provisions of the National Building Regulations and the National Standard: SANS 10400 and the City's Green Building By-laws.

10. That the following conditions from the Group Head: Utility Services be complied with:

• Limited water is available. Water SUPPLY WILL BE PROBLEMATIC. The existing water services are insufficient for development and therefore the Successor in title’s Consulting Engineer must investigate the required water network services improvements that might have to be installed at the cost of the Successor in title to ensure sufficient water supply from the local water network for day-to-day use as well as for possible fire-fighting purposes as required by the “Fire Brigade Services Division, Section Fire Safety”;

• The availability of water cannot be guaranteed, or reserved. SEWER:

• Limited SEWER is available. Sewer connection WILL BE PROBLEMATIC. The existing sewer services are insufficient for this development and therefore the Successor in title's Consulting Engineer must investigate the required sewer network services improvements that might have to be installed at the cost of the Successor in title;

• THE sewer connection THAT WILL be required for this application, at any

other point along the boundaries of the property, WILL BE FOR THE COST OF THE SUCCESSOR IN TITLE, FURTHERMORE all resulting costs to provide a sewer connection point as well as all costs incurred as a result of the protection by servitude / moving / provision/extending of a private or municipal sewer necessitated by such application shall be for the account of the Successor in title.

Such sewer and connection must be designed by a Consulting Engineer and installed by a suitably qualified private plumbing contractor under the Engineer’s certified supervision. Information and specifications are available from any of the One-Stop-Service-Desks for Water- and Sanitation Services;

BULK CONTRIBUTIONS: • Bulk will be payable, and such Bulk contributions will be utilized to

reinforce the existing networks; and • Waiving of bulk services contributions will not be supported unless

funding for the required bulk infrastructure for the property improvements/development is made available.

11. That Communication channels for close liaison between the developer’s professional team and the operational divisions of the City's (Fire and Rescue Operations, Emergency Medical Operations and Disaster Management) must be established in the planning, construction and commissioning phases of the development, for purposes of the fire protection, fire installation, pre-incident and emergency plans as required.

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Reference No 84900/2 Sello Chipu (4780) COUNCIL: 31 October 2019 6. HUMAN SETTLEMENT DEPARTMENT

MEMORANDUM OF UNDERSTANDING AND ENGINEERING SERVICE LEVEL AGREEMENT FOR RAMA CITY INTEGRATED HOUSING DEVELOPMENT (From the Special Executive Committee: 9 October 2019 and the Mayoral Committee: 16 October 2019)

The purpose of the report is to request approval from Council to accept declaration of Rama City Integrated Housing Development as a Mega Project and to authorize the City Manager to enter into a Memorandum of Understanding and Engineering Service Level Agreement with Rama City Development Company (PTY) LTD with registration 2018/059473/07. During consideration of this item by Council on 31 October 2019, and after Councillors VP Mabelane and MO Mabogwana addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That Council accept declaration of Rama City integrated housing development

as a Mega Project. 2. That approval be granted to the City Manager to enter into Memorandum of

Understanding and Service Level Agreement between the City and Rama City Development Company (PTY) LTD.

3. That the City will be responsible for providing bulk services to the

development. 4. That the portion of the land where the external services will be provided to be

transferred to the City to ensure full capitalization of the asset. 5. That the Group Heads for Human Settlements, Utility Services and Roads and

Transport to make provision for the financing of the required external services in the next seven (7) years through the Urban Settlements Development Grant (USDG) and other funding sources that will be applicable to the development.

6. That the Internal Project Steering Committee be formed consisting of Human

Settlements Department, Utility Services Department, Group Property, Roads and Transport Department, Community and Social Development Department, Group Legal and Secretariat Services Department, Spatial Planning and Economic Development Department, Group Financial Services, Enterprise Project Management Unit (ePMU), and Agriculture and Environmental Management.

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7. That the approval of the proposed Memorandum of Understanding and Service Level Agreement be in principle and subject to finalization by the City Manager, in consultation with Group Legal and Secretariat Services Department and other departments.

8. That further progress update reports be submitted to the Mayoral Committee

Meeting.

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Reference No 90353/1 Umar Banda (8110) COUNCIL: 31 October 2019 7. GROUP FINANCIAL SERVICES DEPARTMENT

LONG TERM DEBT OF 2019/20 CAPITAL PROGRAM INFORMATION STATEMENT – MUNICIPAL FINANCE MANAGEMENT ACT (ACT 56 OF 2003) (MFMA) COMPLIANCE REQUIREMENT (From the Special Executive Committee: 9 October 2019 and the Mayoral Committee: 16 October 2019)

The purpose of the report is to submit to Council a copy of the published Information Statement for the purpose of procuring long term debt to partially finance the City of Tshwane 2019/20 financial year’s Capital Programme. Council gave approval on 30 May 2019, for the City of Tshwane to enter the Capital Markets to raise long term debt for the purpose of partially financing the 2019/20 financial year’s Capital Programme of R4 248 464 401. Section 46 (3) of the Municipal Finance Management Act (Act 56 of 2003) (MFMA) requires that an Information Statement detailing all terms and conditions of the long term debt be published for a period of twenty-one (21) days prior to the Council meeting at which approval of the debt is to be considered.

During consideration of this item by Council on 31 October 2019, and after Cllr WT Ntlatleng and MMC M Fourie addressed Council on this matter, it was resolved as set out below:

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

RESOLVED: That Council takes note of the published Information Statement's contents.

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SCM TENDER DEVIATION REPORT FOR THE FIRST QUARTER OF 2019/20 FINANCIAL YEAR Umar Banda (8110) COUNCIL: 31 October 2019 8. GROUP FINANCIAL SERVICES DEPARTMENT

(SUPPLY CHAIN MANAGEMENT) DEVIATIONS TENDERS APPROVED FOR THE FIRST QUARTER OF 2019/20 FINANCIAL YEAR IN TERMS OF SUPPLY CHAIN MANAGEMENT REGULATION 36 OF MUNICIPAL FINANCE MANAGEMENT ACT (MFMA) (From the Special Executive Committee: 14 October 2019 and the Mayoral Committee: 16 October 2019)

The purpose of the report is to provide information of the deviations from procurement processes approved for the first quarter of 2019/20 financial year. During consideration of this item by Council on 31 October 2019, and after Cllr JL Lekgothoane, RT Mashego, MMC M Fourie and the Executive Mayor addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That cognisance be taken of the deviations from the official procurement

process of tenders in terms of Regulation 36 (2) of the Supply Chain Management Regulations, promulgated in terms of the Local Government Municipal Finance Act, Act 56 of 2003 and section 35 of the approved Supply Chain Management Policy.

2. That the Chief Financial Officer includes the information regarding deviations

as a note to the financial statements.

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F1/5/2 Umar Banda (8110) COUNCIL: 31 October 2019 9. GROUP FINANCIAL SERVICES DEPARTMENT

MUNICIPAL FINANCE MANAGEMENT ACT (MFMA) IN-YEAR FINANCIAL REPORT (MONTHLY AND FIRST QUARTER BUDGET STATEMENT) FOR THE PERIOD ENDING 30 SEPTEMBER 2019 (From the Special Executive Committee: 14 October 2019 and the Mayoral Committee: 16 October 2019)

The purpose of the report is to present the progress on the financial performance of the City of Tshwane against the budget for the period ended 30 September 2019, in compliance with sections 52(d) and 71 of the Municipal Finance Management Act, 2003 (Act 56 of 2003) (MFMA). IT WAS RECOMMENDED (TO THE COUNCIL: 31 OCTOBER 2019): 1. That the financial performance for the period of 30 September 2019 as

contained in Annexure A be noted.

2. That the report be noted, in compliance with section 52(d) and 71 of the Municipal Finance Management Act (MFMA) as well as the municipal budget and reporting regulations.

3. That the Chief Financial Officer and Group Head: Utility Services put measures

in place to address the revenue shortfall resulting from the replacement of the smart meters on or before 31 October 2019.

4. That a report be submitted to the Mayoral Committee in October 2019 to

confirm that –

• All replaced meters are captured on the SAP Billing System.

• All replaced meters are programmed correctly and billed according to actual consumption.

5. That the report be submitted to the National and Provincial Treasury in both signed-document and electronic format.

During consideration of this item by Council on 31 October 2019, the following Councillors participated in the debate: LJ Lekgothoane (Cllr Lekgothoane, among others, expressing concern about non implementation of plans by different departments)

NL Mathenjwa (Cllr Mathenjwa, among others, expressing concern about the non-performance of other departments) MMC M Fourie hereafter acknowledged concerns raised and further, with reference to recommendation 4 of the report requested that “October 2019” be amended to read “November 2019”.

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The Speaker hereafter requested that the necessary procedure in amending a report be followed. Subsequently the Executive Mayor in terms of Section 13(5) of the Rules and Orders amended recommendation 4 of the report as proposed by MMC Fourie.

It was thereafter resolved as set out below:

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

RESOLVED:

1. That the financial performance for the period of 30 September 2019 as contained in Annexure A be noted.

2. That the report be noted, in compliance with section 52(d) and 71 of the Municipal Finance Management Act (MFMA) as well as the municipal budget and reporting regulations.

3. That the Chief Financial Officer and Group Head: Utility Services put measures

in place to address the revenue shortfall resulting from the replacement of the smart meters on or before 31 October 2019.

4. That a report be submitted to the Mayoral Committee in November 2019 to

confirm that –

• All replaced meters are captured on the SAP Billing System.

• All replaced meters are programmed correctly and billed according to actual consumption.

5. That the report be submitted to the National and Provincial Treasury in both signed-document and electronic format.

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Umar Banda (8101) COUNCIL: 31 October 2019 10. GROUP FINANCIAL SERVICES DEPARTMENT

(SUPPLY CHAIN MANAGEMENT) IRREGULAR EXPENDITURE FOR THE FIRST QUARTER OF 2019/20 FINANCIAL YEAR (From the Special Executive Committee: 14 October 2019 and the Mayoral Committee: 16 October 2019)

The purpose of the report is to comply with section 32 of the Municipal Finance Management Act (MFMA) to provide information in respect of irregular expenditure incurred during the first quarter of 2019/20 Financial year. The expenditure be referred for investigation and recover from the person liable or write-off the expenditure if it is irrecoverable. The accounting officer must promptly inform the mayor, the MEC of local government in the province and the Auditor-General in writing of any irregular expenditure incurred by the municipality and whether any person is responsible or under investigation for such irregular expenditure and steps are taken to recover or rectify such expenditure and to prevent the recurrence thereof. During consideration of this item by Council on 31 October 2019, and after Cllr ED Moloi addressed Council on this matter, it was resolved as set out below:

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

1. That cognisance be taken of the irregular, fruitless and wasteful expenditure

incurred for quarter 1 ended 30 September 2019. 2. That the Municipal Public Accounts Committee (MPAC) be mandated to

investigate the identified irregular, fruitless and wasteful expenditure and make a recommendation to council for a determination as required by Section 32(2) of the Local Government Municipal Finance Management Act.

3. That the Accounting Officer informs the member of the Executive Council for

Local Government (MEC) and Auditor General of South Africa of the irregular expenditure and action to be taken as required by Section 32(4) of the Local Government Municipal Finance Management Act.

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SUPPLY CHAIN MANAGEMENT IMPLEMENTATION REPORT Umar Banda (8100) COUNCIL: 31 October 2019 11. GROUP FINANCIAL SERVICES DEPARTMENT (SUPPLY CHAIN MANAGEMENT)

SUPPLY CHAIN MANAGEMENT PERFORMANCE REPORT FOR THE FIRST QUARTER OF 2019/20 FINANCIAL YEAR (From the Special Executive Committee: 14 October 2019 and the Mayoral Committee: 16 October 2019)

The purpose of the report is to inform the Accounting Officer, as per Section 111 and

Regulation 6 issued in terms of the Municipal Finance Management Act (MFMA), on the implementation of the Supply Chain Management Policy for the first quarter of 2019/20 financial year.

During consideration of this item by Council on 31 October 2019, and after Councillors VP Mabelane and NP Mnguni addressed Council on this matter, it was resolved as set out below:

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of continuous monitoring of the progress of bids and

implementation of policy within Supply Chain Management (SCM). 2. That in terms of Regulation 36 of the Supply Chain Management Regulations,

promulgated in terms of the Local Government Municipal Finance Management Act, Act 56 of 2003 and the approved Supply Chain Management Policy section 35 cognizance be taken of the reasons for the deviations from the official procurement process of tenders.

3. That the Chief Financial Officer includes the information regarding the

deviations as a note to the financial statement. 4. That the Bid Adjudication Committee adheres to principles contained in the

Municipal Finance Management Act (MFMA) and the Supply Chain Management policy when considering deviations.

5. That the Municipal Public Accounts Committee (MPAC) be mandated to

investigate the identified irregular, fruitless and wasteful expenditure and make a recommendation to council for a determination as required by Section 32(2) of the Local Government Municipal Finance Management Act.

6. That Council take cognisance of the advanced stage of Logistics Section

revitalisation and central warehousing implementation process. 7. That the Accounting Officer informs the member of the Executive Council for

Local Government (MEC) and Auditor General of South Africa of the irregular expenditure and action to be taken as required by Section 32(4) of the Local Government Municipal Finance Management Act.

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F-9/4/1 Umar Banda (8100/1) COUNCIL: 31 October 2019 12. GROUP FINANCIAL SERVICES DEPARTMENT

GRANTS AND SUBSIDIES PROGRESS REPORT INCLUDING INTERNAL CONTROLS AND IMPROVEMENTS ON GRANTS FOR THE PERIOD ENDED 30 SEPTEMBER 2019 (From the Special Executive Committee: 14 October 2019 and the Mayoral Committee: 16 October 2019)

The purpose of the report is to inform on the financial progress, in respect of

performance of the various Inter-governmental Transfers and Grants for the period ended 30 September 2019.

During consideration of this item by Council on 31 October 2019, and after Cllr RT Mashego and the Executive Mayor addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That the financial progress of the various grants and subsidies for the period

under review, as set out in section 7 of the report, be noted. 2. That the receipt of transfers and grants, as set out in Table 5.1.1 of the report,

be noted. 3. That Departments put measures in place to spent the grants. Departments that

do not spent the allocation in full, run the risk of the grant not being rolled over in the next financial year.

4. That Departments identify grant projects that are not performing and indicate

how funding can be reprioritised. 5. That the recipient Heads of Departments of all transfers and grants must

ensure that the spending be effected as planned, and meet the reporting conditions and requirements as set out in the Division of Revenue Act (DoRA).

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Reference No 49694/1 Nosipho Hlatshwayo (4749) COUNCIL: 31 October 2019 13. CITY STRATEGY AND ORGANISATIONAL PERFORMANCE DEPARTMENT

FIRST QUARTER PERFORMANCE REPORT FOR THE 2019/20 FINANCIAL YEAR ON THE IMPLEMENTATION OF THE SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN (SDBIP) (From the Special Executive Committee: 14 October 2019 and the Mayoral Committee: 16 October 2019)

The purpose is to report to Council the: 1. unaudited performance of the City against the approved Service Delivery and

Budget Implementation Plan (SDBIP) targets and Capital Project Milestones set to be delivered over the first quarter of the 2019/20 financial year in line with section 52(d) of the Municipal Finance Management Act, 2003 (Act 56 of 2003) (MFMA); and

2. unaudited performance of the municipal entities against targets set for Quarter 1 of the 2019/20 financial year in line with their approved business plans.

IT WAS RECOMMENDED (TO THE COUNCIL: 31 OCTOBER 2019): That Council notes the report including the associated annexures submitted in compliance with S52(d) of the Municipal Finance Management Act, 2003 (Act No. 56 of 2003) (MFMA) and S46(2) of the Municipal Systems Act, 2000 (Act No. 32 of 2000) (MSA. During consideration of this item by Council on 31 October 2019, Cllr NP Tyobeka-Makeke participated in the debate. Subsequently Cllr Prof CJ Napier seconded by Cllr CN Mc Donald proposed the following additional recommendation:

(Unaltered)

“That the first Quarter SDBIP be submitted to the IDP standing Committee for further scrutiny”

The Council acceded to Cllr Prof Napier’s proposal and it was thereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED:

1. That Council notes the report including the associated annexures submitted in compliance with S52(d) of the Municipal Finance Management Act, 2003 (Act No. 56 of 2003) (MFMA) and S46(2) of the Municipal Systems Act, 2000 (Act No. 32 of 2000) (MSA).

2. That the first Quarter SDBIP be submitted to the Section 79 Oversight

Committee: IDP for further scrutiny.

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Reference No 03936/1 Msizi Myeza (3330) COUNCIL: 31 October 2019 14. OFFICE OF THE CITY MANAGER

FRUITLESS EXPENDITURE: TSHWANE ECONOMIC DEVELOPMENT AGENCY (TEDA) (From the Special Executive Committee: 9 October 2019 and the Mayoral Committee: 16 October 2019)

The purpose of the report is to present the Tshwane Economic Development Agency (TEDA) fruitless expenditure incurred for the period 30 June 2019 to Mayoral Committee for noting.

During consideration of this item by Council on 31 October 2019, and after Cllr RR Maleka addressed Council on this matter, it was resolved as set out below:

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the City Manager, Executive Mayor and Auditor-General South Africa

(AGSA) to note the fruitless and wasteful expenditure amounting to R397,162 has been reduced to R3,776 incurred for the period ending 30 June 2019.

2. That the investigation in terms of Municipal Budget and Reporting Regulations

(MBRR) is not necessary, the interest charged is deemed irrecoverable as it was not as a result of negligence by Tshwane Economic Development Agency (TEDA) officials.

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CONFIDENTIAL: NOT FOR PUBLICATION

MOEKETSI NTSIMANE

COUNCIL: 31 October 2019

15. OFFICE OF THE EXECUTIVE MAYOR

REPORT ON MISREPRESENTATIONS MADE BY A SECTION 56 MANAGER WITH REGARD TO QUALIFICATIONS AND PROPOSALS FOR CORRECTIVE MEASURES TO BE FOLLOWED

(Remark: At the Council meeting of 31 October 2019, the Executive Mayor in terms of Section 42 of the Rules and Orders proposed that the Council resolve itself into Committee for purposes of consideration of this item and Council acceded to the proposal by the Executive Mayor. In terms of Section 9(3) of the Rules and Orders the minutes in relation to an item relating to a staffing matter considered by the Council in Committee must be kept separately from other minutes of the Council, and must be approved by the Council in Committee not later than the second ordinary meeting after the meeting to which the minutes relate.)

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(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURES A, A.1, A.2 AND A.3)

In terms of Section 56(5) of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) as amended, the resolutions by the Mayoral Committee from its meeting held on 13 August 2019, 4 and 16 September 2019 and 2 October 2019 were submitted to Council for discussion / cognisance in terms of Section 13(7) of the Rules and Orders. During the debate on Annexures A, A.1, A.2 and A.3 at the Council meeting of 31 October 2019, no proposal was made that the Executive Mayor be requested to reconsider any resolution, and no request was made to record any opposition to any resolution contained in these Annexures.

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

During the Council meeting of 29 August 2019, the Chair of Chairs, Ald GC Pretorius submitted to Council the following reports from Section 79 Oversight and Standing Committees: Group Financial Services of 15 August 2019, Local Geographical Names of 4 October 2019, Utility Services of 8 October 2019, Roads and Transport of 8 October 2019, Petitions of 19 September 2019, Rules and Ethics of 25 October 2019, and Public Accounts of 4 October 2019, for consideration as well as Annexure B for cognizance and or discussion. The Chair of Chairs further in terms of Section 13(5) read with Section 21 of the Rules and Orders referred items 8 to 15 from the Petitions Committee of 19 September 2019 to the Executive Mayor due to budgetary implications.

A. FROM THE SECTION 79 OVERSIGHT COMMITTEE: GROUP FINANCIAL SERVICES: 15 AUGUST 2019

1. Office of the Speaker

Annual Performance report of the Section 79 Oversight Committee: Group Financial Services for 2018/19 Financial Year (From the Section 79 Oversight Committee: Group Financial Services: 15 August 2019) ……………………………………………………………. 47

B. FROM THE SECTION 79 STANDING COMMITTEE:

LOCAL GEOGRAPHICAL NAMES: 4 OCTOBER 2019 2. Economic Development and Spatial Planning Department

(City Planning and Development Division) Approval of names to populate the Geographical Names Bank: Information communication technology (Phase 1) (From the Section 79 Standing Committee: Local Geographical Names: 4 October 2019) …………………………………………………… 48

3. Economic Development and Spatial Planning Department (City Planning and Development Division) Approval of names to populate the Geographical Names Bank: Sepedi indigenous original nouns (From the Section 79 Standing Committee: Local Geographical Names: 4 October 2019)……………………………………………….…… 49

4. Economic Development and Spatial Planning Department (City Planning and Development Division) Approval of street names in Mabopane B in Ward 21 (From the Section 79 Standing Committee: Local Geographical Names: 4 October 2019)………………………………………………….… 50

5. Economic Development and Spatial Planning Department (City Planning and Development Division)

Approval to name a clinic situated on erf 3197 in Stinkwater Extension 2, Ward 13 (From the Section 79 Standing Committee: Local Geographical Names: 4 October 2019)……………………………………………..……… 51

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C. FROM THE SECTION 79 OVERSIGHT COMMITTEE: UTILITY SERVICES: 8 OCTOBER 2019

6. Office of the Speaker

Annual Report of the Section 79 Oversight Committee:

Utility Services: (July 2018 - June 2019)

(From the Section 79 Oversight Committee: Utility Services: 8 October 2019) ……………………………………………………………….. 52-53

D. FROM THE SECTION 79 OVERSIGHT COMMITTEE: ROADS AND TRANSPORT: 8 OCTOBER 2019

7. Roads and Transport Department

Office of the Speaker Report for the Section 79 Oversight Committee: Roads and Transport on Wonderboom Airport (From the Section 79 Oversight Committee: Roads and Transport: 8 October 2019)……………………………………………………………… 54-55

E. FROM THE SECTION 79 STANDING COMMITTEE:

PETITIONS: 19 SEPTEMBER 2019 8. Office of the Speaker

Petition submitted by residents: Request for a transformer by the residents of Vergenoeg and Marabastad area in Ward 107, Region 3, Cllr MB Ringane (From the Section 79 Standing Committee: Petitions: 19 September 2019) ………………………………………………………… 56

9. Office of the Speaker Petition submitted by residents: Request for speed humps in Koggelaar Street/ Puffback Street, Rooihuiskraal Extension 6, Centurion Ward 64, Region 4, under Cllr C Mc Donald (From the Section 79 Standing Committee: Petitions: 19 September 2019) ………………………………………………………… 57

10. Office of the Speaker Petition submitted by residents: Request for speed humps in Charter Street, the Reeds, Centurion Ward 64, Region 4, under Cllr C Mc Donald (From the Section 79 Standing Committee: Petitions: 19 September 2019) ………………………………………………………… 58

11. Office of the Speaker

Petition submitted by residents requesting a speed hump to be erected in Derrick Ave, Waterkloof Ridge in Ward 42, Region 3, Cllr PA Nel (From the Section 79 Standing Committee: Petitions: 19 September 2019) ………………………………………………………… 59

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12. Office of the Speaker Petition submitted by residents regarding traffic congestion at Lompec Independent Primary and Secondary School in Mamelodi, Ward 23 in Region 6, under Cllr JN Mokhari (From the Section 79 Standing Committee: Petitions: 19 September 2019) ………………………………………………………… 60

13. Office of the Speaker

Petition submitted by residents requesting street lights, speed humps and replacement of an old mini-sub in Block K Soshanguve, Ward 34, Region 1, under Cllr MH Matjene (From the Section 79 Standing Committee: Petitions: 19 September 2019) ………………………………………………………… 61

14. Office of the Speaker

Petition submitted by residents: Complaint regarding water supply at Dilopye, Ntswane Section, Ward 13, Region 2, under Cllr AK Phahlane (From the Section 79 Standing Committee: Petitions: 19 September 2019) ………………………………………………………… 62

15. Office of the Speaker

Petition submitted by residents: Request for speed humps and a traffic circle in Sunvalley, Mamelodi, Ward 67, Region 6, under Cllr SD Mathe (From the Section 79 Standing Committee: Petitions: 19 September 2019) ……………………………………………………… 63

F. FROM THE SECTION 79 STANDING COMMITTEE: RULES AND ETHICS: 25 OCTOBER 2019

16. Office of the Speaker

Councillor S Muller referred the remarks made by Councillor OS Ramabodu “Go to hell” (From the Section 79 Standing Committee: Rules and Ethics: 23 August 2019 and the Section 79 Standing Committee: Rules and Ethics: 25 October 2019 2019) ………………………………………. 64

17. Office of the Speaker

First quarter performance report of the Section 79 Standing Committee: Rules and Ethics for the 2019/20 financial year (From the Section 79 Standing Committee: Rules and Ethics: 25 October 2019 2019) …………………………………………………… 65

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

4 OCTOBER 2019 18. Office of the Speaker

First quarter report of the Section 79 Standing Committee: MPAC for 2018/2019 financial year (From the Section 79 Standing Committee: Public Accounts: 4 October 2019) ……………………………………………………………….. 66

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TJ BABANE (012 358 1723)

COUNCIL: 31 October 2019

1. OFFICE OF THE SPEAKER

ANNUAL PERFORMANCE REPORT OF THE SECTION 79 OVERSIGHT COMMITTEE: GROUP FINANCIAL SERVICES FOR 2018/19 FINANCIAL YEAR (From the Section 79 Oversight Committee: Group Financial Services: 15 August 2019)

The purpose of this report is to outline an overview on the annual performance of Section 79 Oversight Committee: Group Financial Services for the period 1 August 2018 to 30 June 2019. The annual performance of the Group Financial Services and Customer Relations Management Departments for 2018/2019 financial year is outlined as well. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED:

1. That the Group Financial Services Department submit and present the

2019/20 Business Plan in September 2019 Committee meeting, highlighting

its planned interventions to address challenges experienced in the previous

financial year.

2. That the GCFO provides a progress report on the Capex and Opex spending

of the City and Department on a quarterly basis, effective from September

2019.

3. That the GCFO provide a strategy plan report on how they will standardise the

Customer Pay Points and Municipal Stores in terms of operations, infrastructure and safety and security at the October oversight committee meeting.

4. That the Customer Relations Department submit and present the 2019/20

Business Plan in August 2019 Committee meeting, highlighting its planned interventions to address challenges experienced in the previous financial year.

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Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 31 OCTOBER 2019 2. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT

(CITY PLANNING AND DEVELOPMENT DIVISION) APPROVAL OF NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: INFORMATION COMMUNICATION TECHNOLOGY (PHASE 1)

(From the Section 79 Standing Committee: Local Geographical Names: 4 October 2019)

The purpose of the report seeks to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank.

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

RESOLVED: That the proposed names, as indicated in Annexure A, be approved for inclusion in the Geographical Names Bank.

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Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 31 October 2019

3. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT

(CITY PLANNING AND DEVELOPMENT DIVISION) APPROVAL OF NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: SEPEDI INDIGENOUS ORIGINAL NOUNS (From the Section 79 Standing Committee: Local Geographical Names: 4 October 2019) The purpose of the report seeks to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank.

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

RESOLVED: That the proposed names, as indicated in Annexure A, be approved for inclusion in the Geographical Names Bank.

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CPD 8/2/2/14 Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 31 OCTOBER 2019 4. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT

(CITY PLANNING AND DEVELOPMENT DIVISION) APPROVAL OF STREET NAMES IN MABOPANE B IN WARD 21 (From the Section 79 Standing Committee: Local Geographical Names: 4 October 2019)

The purpose of the report seeks to obtain approval for street names in Mabopane B in Ward 21. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the proposed names, as indicated in Annexure K, be approved for

Mabopane B in Ward 21.

2. That the ward councillor selects the shortfall of names from the Geographical

Names Bank within 30 days after the approval of this report, failing which a

further report will be submitted to the Local Geographical Names Committee

to select the shortfall of names.

3. That the ward councillor allocate the approved and selected names within 30

days after the approval of this report.

4. That the Group Head: Roads and Transport make provision in their 2019/20

Capex under “Traffic Calming and Pedestrian Safety Project” for the

placement of the street name boards.

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CPD 8/2/2/14 Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 31 October 2019 5. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT

(CITY PLANNING AND DEVELOPMENT DIVISION) APPROVAL TO NAME A CLINIC SITUATED ON ERF 3197 IN STINKWATER EXTENSION 2, WARD 13 (From the Section 79 Standing Committee: Local Geographical Names: 4 October 2019) The purpose of the report seeks to obtain approval to name a Clinic situated on Erf 3197 in Stinkwater Extension 2, Ward 13.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the Council approves the deviation from the public participation process

as prescribed in the Local Geographical Names Policy, in terms of the citywide marketing and communication that was not done.

2. That the Clinic situated on Erf 3197 in Stinkwater Extension 2 be named Reefentse Clinic.

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JRK THEMA (012 358 1723) COUNCIL: 31 October 2019 6. OFFICE OF THE SPEAKER

ANNUAL PERFORMANCE REPORT OF THE SECTION 79 OVERSIGHT COMMITTEE: UTILITY SERVICES: (JULY 2018- JUNE 2019) (From the Section 79 Oversight Committee: Utility Services: 8 October 2019)

The purpose of this report is to outline the activities and findings of the Section 79 Oversight Committee Utility Services for the period July 2018- June 2019, as per its mandate of rendering an advisory legislative and oversight role on the performance of Utility Services Department. The Committee findings are in relation to its terms of reference, mainly informed by the oversight meetings and inspections conducted on capital projects of the Department as per its Service Delivery and Budget Implementation Plan (SDBIP) commitments.

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

RESOLVED: 1. That the Group Head: Utility Services submit reports as per resolutions

contained in Annexure A during the first quarter of this financial year.

2. That the Department table and present the SBDIP and Budget for 2019/20

financial year and quarterly reports as per Committee resolution of 15 August

2017 and the sitting of the 13th of August 2019.

3. That the Group Head: Utility Services submit quarterly reports on the IDP,

2019/20 SDBIP and Business plan targets and budget effective from October

2019.

4. That the Group Head: Utility Services present to the Committee the 2018/19

Annual Report at its meeting pre-scheduled in September 2019.

5. That the Committee members in order to execute their oversight role, attend

all the meetings as scheduled in the Annual Calendar of Council and 2019/20

Process Plan of the Committee.

6. The Committee strengthen oversight through participation in workshops/

training arranged.

7. The Committee be equipped to learn from its counterparts in terms of oversight

on budget processes, management controls, supply chain processes.

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8. That cognizance be taken that the Water Treatment Plants are an important

component to the City, providing critical services, and that these Plants be

provided with funding to fill critical vacant posts as well as to procure back-up

power storage in case of power failures that may arise.

9. That the City Manager submit a report filling of critical vacancies in the plants,

in January 2020.

10. That cognizance be taken that the Temba Water Treatment Plant 2018/2019

budget to extend and upgrade the Plant was not allocated.

11. That the City Manager increase the budget allocated to the Plant in order to

ensure that the Plant can treat the sewer and raw water discharging from the

Rooiwal Watse Water Treatment Plant and the Apies River.

12. That cognizance be taken of the urgency in the regard and that the City

Manager in consultation with the Executive Mayor monitor the development in

this regard and submit a quarterly report regarding the Committee with effect

from September 2019.

13. That the City Manager draft a master security plan for all Treatment Plans,

Raw Water Pump Stations regarding infrastructure and also to address cable

theft and vandalism and submit it to the Committee on a quarterly basis .

14. That the cognisance be taken that the City Manager in consultation with the

Executive Mayor is required to monitor this process which continues to a

challenge. The Executive Mayor is requested to submit the security master

plan and quarterly reports effective from September 2019.

15. That the City Manager in consultation with the Executive Mayor priorities

supply chain processes with regard to the appointment of contractors to

upgrade and maintain the Water Treatment Plants and Raw Water Pump

Stations and submit a quarterly report in this regard to the Committee with

effect September 2019.

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JRK Thema (012 358 1723) COUNCIL: 31 October 2019 7. OFFICE OF THE SPEAKER

REPORT FOR THE SECTION 79 OVERSIGHT COMMITTEE: ROADS AND TRANSPORT ON WONDERBOOM AIRPORT (From the Section 79 Oversight Committee: Roads and Transport: 8 October 2019)

The purpose of this report is to provide information concerning the irregularities, maladministration and governance lapses that have allegedly occurred at the Wonderboom National Airport (WNA).

IT WAS RECOMMENDED (TO THE COUNCIL: 31 OCTOBER 2019): 1. That a task team comprised of experienced City Officials and if necessary

external consultants, be formed immediately to develop a turnaround strategy and marketing strategy. These strategies should be completed by October 2019.

2. That a proper investigation be done into the WBA compliance and non-compliance and that a status quo report on the condition of the airport be drafted.

3. That a facility manager be seconded/ appointed to deal with facilities and

maintenance. 4. That the Airport be cleaned on an urgent basis, including the runway, around

the fences and the cutting of grass. 5. That any matter concerning, amongst others, the Green Hanger, fence,

temporary structures belonging to SARS, SAPS & Metro Police, smoke detectors and elevator be referred to law enforcement officials and that a forensic audit be done, taking in consideration all previous investigations between 2016 and 2019. It is proposed that the Group Head: Roads and Transport approach the Hawks before the next Oversight Committee meeting scheduled for 8 October 2019.

6. That a revised organogram/ structure be developed by following the prescribed

CAA aviation standards/ requirements, led by the city’s group head of Corporate and Shared Services in collaboration with the Roads and Transport Department and the Tshwane Airport Services Division. This should be approved and ready for implementation in January 2020. Further to this, sufficient HR support is needed at WBA.

7. That, once the City’s Asset Protection Unit (APU) comes into place, it should be

deployed at this site, which may involve the current security guards at the Airport. However, care should be taken through the guidance of the Airport Manager as security guards at an airport are not normal security guards (they are also not regarded as guards but security officials or officers, they also have to be trained and accredit in terms of the Civil Aviation Regulations (CAA).

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8. That the vetting of all staff at the Airport be done according to CAA regulations. 9. That the LEASE agreements need to be reassessed to ensure suitable

commercial viable contracts for the city by July 2020. 10. That the scheduled flights in the 2020/21 FY be re-introduced to operate from

the airport and expand route networks to more destinations and this could further lead to expanding into cargo logistics (SA Airlink left WBA in April 2018).

11. That the extension of the current runway as provided for by the International

Civil Aviation Organization (ICAO) and the Technical Standards of the Regulations with requirements of international standards be investigated.

12. That a thorough investigation be done regarding the security company at the

airport and whether it comply with security standards. 13. That the Group Head: Roads and Transport report back to the Oversight

Committee, detailing all progress made to implement the above resolutions. 14. That the Group Head: Roads and Transport submit a list of all the tenants at

the Wonderboom Airport and their activities to the Chairperson of the Oversight Committee: Roads and Transport and that the Chairperson circulate it to all members.

15. That the report be submitted to Council after final scrutinizing by the members

of the Oversight Committee: Roads and Transport at a Special Meeting scheduled for 8 October 2019.

16. That the proposed Task Team urgently investigate the total disabled

unfriendliness of the Wonderboom National Airport and thereafter ensure that facilities for disabled is brought up to international standards.

During consideration of this item by Council on 31 October 2019, the Chair of Chairs in terms of Section 13(5) of the Rules and Orders referred this report to the Section 79 Oversight Committee: Roads and Transport for consideration and resubmission to the Council in November 2019.

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

RESOLVED:

That this report be referred to the Section 79 Oversight Committee: Roads and Transport for further consideration and resubmission to the next Council meeting in November 2019.

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LS 8/2/4 (2449) T BABANE (012) 358 1795 COUNCIL: 31 October 2019 8. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY RESIDENTS: REQUEST FOR A TRANSFORMER BY THE RESIDENTS OF VERGENOEG AND MARABASTAD AREA IN WARD 107, REGION 3, CLLR MB RINGANE (From the Section 79 Standing Committee: Petitions: 19 September 2019)

The purpose of this report is to request the petitions committee to consider a petition request for transformer by residents of Vergenoeg and Marabastad area Ward 107, Region 3. IT WAS RECOMMENDED (TO THE COUNCIL: 31 OCTOBER 2019): 1. That the Group Head: Utility Services prioritise the installation of the

transformer and provide the community of Marabastad and Vergenoeg with electricity, and Vergenoeg with electricity, and that the contractor complete the job as part of the project design during the current financial year (2019/2020 financial year).

2. That the Group Head: Housing and Human Settlement submit a progress report to the Section 79 Standing Committee: Petitions by 30 January 2020.

During the Council meeting of 31 October 2019, the Chair of Chairs in terms of Section 13(5) read with Section 21 of the Rules and Orders referred this report to the Executive Mayor due to its budgetary implications. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That this report be referred to the Executive Mayor in terms of Section 13(5) read with Section 21 of the Rules and Orders due to its budgetary implications.

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LS 8/2/4 (2446) T BABANE (012) 358 1795 COUNCIL: 31 October 2019 9. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY RESIDENTS: REQUEST FOR SPEED HUMPS IN KOGGELAAR STREET/ PUFFBACK STREET, ROOIHUISKRAAL EXT 6, CENTURION WARD 64, REGION 4, UNDER CLLR C MCDONALD (From the Section 79 Standing Committee: Petitions: 19 September 2019)

The purpose of this report is to request the petitions committee to consider a petition requesting a speed hump at Koggelaar street and Puffback street, Ward 64, Region 4.

IT WAS RECOMMENDED (TO THE COUNCIL: 31 OCTOBER 2019): 1. The Chief of Police should conduct speed law enforcement at the Puffback

Street for motorists who does not obey traffic signs and speed limit.

2. That the Group Head: Roads and Transport should prioritize the erecting of a speed hump after the sharp bend in Puffback street, for safety of all road users, in the 2020/2021 financial year.

During the Council meeting of 31 October 2019, the Chair of Chairs in terms of Section 13(5) read with Section 21 of the Rules and Orders referred this report to the Executive Mayor due to its budgetary implications. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That this report be referred to the Executive Mayor in terms of Section 13(5) read with Section 21 of the Rules and Orders due to its budgetary implications.

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LS 8/2/4 (2447) T BABANE (012) 358 1795 COUNCIL: 31 October 2019 10. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY RESIDENTS: REQUEST FOR SPEED HUMPS IN CHARTER STREET, THE REEDS, CENTURION WARD 64, REGION 4, UNDER CLLR C MCDONALD (From the Section 79 Standing Committee: Petitions: 19 September 2019)

The purpose of this report is to request the petitions committee to consider a petition requesting a speed hump at Charter Street, Ward 64, Region 4. IT WAS RECOMMENDED (TO THE COUNCIL: 31 OCTOBER 2019): 1. That the Group Head: Roads and Transport prioritize the erecting of a speed

hump at number 12 Charter Streets, the Reeds, for the safety of all road users in the current financial year (2019/2020 budget).

2. That the Chief of Police conduct speed law enforcement in the area for the

safety of all road users. 3. That the Group Head: Roads and Transport submit a progress report to the

Section 79 Standing Committee: Petitions by 30 November 2019. During the Council meeting of 31 October 2019, the Chair of Chairs in terms of Section 13(5) read with Section 21 of the Rules and Orders referred this report to the Executive Mayor due to its budgetary implications. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That this report be referred to the Executive Mayor in terms of Section 13(5) read with Section 21 of the Rules and Orders due to its budgetary implications.

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LS 8/2/4 (2420) T BABANE (012) 358 1795 COUNCIL: 31 October 2019 11. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY RESIDENTS: REQUESTING SPEEDBUMP TO BE ERECTED IN DERRICK AVE, WATERKLOOF RIDGE IN WARD 42, REGION 3, CLLR PA NEL (From the Section 79 Standing Committee: Petitions: 19 September 2019)

The purpose of this report is to request the petitions committee to consider a petition requesting speedbump in Derrick Ave, Waterkloof, Ward 42. IT WAS RECOMMENDED (TO THE COUNCIL: 31 OCTOBER 2019): 1. That the Group Head: Roads and Transport prioritize the erecting of a speed

hump at 322 Derrick Avenue, Waterkloof Ridge, for safety of all road users in the current financial year (2019/2020 budget).

2. That the Group Head: Roads and Transport submit a progress report to the

Section 79 Standing Committee: Petitions by 30 January 2020.

During the Council meeting of 31 October 2019, the Chair of Chairs in terms of Section 13(5) read with Section 21 of the Rules and Orders referred this report to the Executive Mayor due to its budgetary implications. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That this report be referred to the Executive Mayor in terms of Section 13(5) read with Section 21 of the Rules and Orders due to its budgetary implications.

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LS 8/2/4 (2424) T BABANE (012) 358 1795 COUNCIL: 31 October 2019 12. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY RESIDENTS: REGARDING TRAFFIC CONGESTION AT LOMPEC INDEPENDENT PRIMARY AND SECONDARY SCHOOL IN MAMELODI, WARD 23 IN REGION 6, UNDER CLLR JN MOKHARI (From the Section 79 Standing Committee: Petitions: 19 September 2019) The purpose of this report is to request the petitions committee to consider a petition regarding traffic congestion at Lompec Independent Primary and Secondary School in Mamelodi, Ward 23 in Region 6.

IT WAS RECOMMENDED (TO THE COUNCIL: 31 OCTOBER 2019): 1. That the Chief of Police conduct speed law enforcement at the intersection of

Sibande and Ledwaba Streets, Mamelodi against the motorists who do not adhere to road signs and speed limits.

2. That the Group Head: Road and Transport prioritise changing the 3 way stop

controlled intersection at Sibande and Ledwaba Streets, to mini-circle with a raised pedestrian crossing in the current financial year (2019/2020 budget) to ensure the safety of learners and other road users.

3. That the Group Head: Roads and Transport submit a progress report to the Section 79 Standing Committee: Petitions by 30 November 2019.

During the Council meeting of 31 October 2019, the Chair of Chairs in terms of Section 13(5) read with Section 21 of the Rules and Orders referred this report to the Executive Mayor due to its budgetary implications. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That this report be referred to the Executive Mayor in terms of Section 13(5) read with Section 21 of the Rules and Orders due to its budgetary implications.

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LS 8/2/4 (2428) T BABANE (012) 358 1795 COUNCIL: 31 October 2019 13. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY RESIDENTS: REQUESTING STREET LIGHTS, SPEED HUMPS AND REPLACEMENT OF OLD MINI-SUB IN BLOCK K SOSHANGUVE, WARD 34, REGION 1, UNDER CLLR MH MATJENE (From the Section 79 Standing Committee: Petitions: 19 September 2019)

The purpose of this report is to request the petitions committee to consider a petition about requesting Street lights, speed humps and replacement of old mini-sub in Block K, ward 34, Region 01

IT WAS RECOMMENDED (TO THE COUNCIL: 31 OCTOBER 2019):

1. That cognisance be taken of the comments of the Group Head: Utility

Services that the installation of streetlights has been prioritize for the current financial year (2019/2020 budget).

2. That the Group Head: Roads and Transport prioritize the construction of speed

hump at 664 Steve Makena Street, Soshanguve, at the bend in the current financial year (2019/2020 budget) so that vehicles slow down when driving around the bend.

3. That the Group Head: Utility Services and the Group Head: Roads and Transport should submit a progress report to the Section 79 Standing Committee: Petitions by 30 January 2020.

During the Council meeting of 31 October 2019, the Chair of Chairs in terms of Section 13(5) read with Section 21 of the Rules and Orders referred this report to the Executive Mayor due to its budgetary implications. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That this report be referred to the Executive Mayor in terms of Section 13(5) read with Section 21 of the Rules and Orders due to its budgetary implications.

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LS 8/2/4 (2439) T BABANE (012) 358 1795 COUNCIL: 31 October 2019 14. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY RESIDENTS: COMPLAINT REGARDING WATER SUPPLY AT DILOPYE, NTSWANE SECTION, WARD 13, REGION 2, UNDER CLLR AK PHAHLANE (From the Section 79 Standing Committee: Petitions: 19 September 2019)

The purpose of this report is to request the petitions committee to consider a petition regarding water supply in Ward 13, Region 2.

IT WAS RECOMMENDED (TO THE COUNCIL: 31 OCTOBER 2019):

1. That the Group Head: Utility Services and the Group Head: Regional

Coordination ensure that Dilopye 1A and B is supplied with sufficient water while awaiting the budget approval.

2. That the Group Head: Utility Services prioritize the water infrastructure

installations in the midterm financial year review (2019/2020) as part of the adjustments budget process.

3. That the Group Head: Utility Services communicate with the Ward Councillor, Councillor AK Phahlane with regard to the water supply in Ntswane Section, Dilopye.

4. That the Group Head: Utility Services submit a progress report to the Section 79 Standing Committee: Petitions by 30 January 2020.

During the Council meeting of 31 October 2019, the Chair of Chairs in terms of Section 13(5) read with Section 21 of the Rules and Orders referred this report to the Executive Mayor due to its budgetary implications. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That this report be referred to the Executive Mayor in terms of Section 13(5) read with Section 21 of the Rules and Orders due to its budgetary implications.

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LS 8/2/4 (2445) T BABANE (012) 358 1795 COUNCIL: 31 October 2019 15. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY RESIDENTS: REQUEST FOR SPEED HUMPS AND TRAFFIC CIRCLE IN SUNVALLEY, MAMELODI, WARD 67, REGION 6, UNDER CLLR SD MATHE (From the Section 79 Standing Committee: Petitions: 19 September 2019)

The purpose of this report is to request the petitions committee to consider a petition request for speed hump and traffic circle in Sunvalley, Ward 67, Region 6. IT WAS RECOMMENDED (TO THE COUNCIL: 31 OCTOBER 2019): 1. That the Group Head: Roads and Transport prioritize the construction of a

raised pedestrian crossing opposite 566 Rammala Street, Sunvalley Park, Mamelodi; a pedestrian crossing at Erf 434, Sunvalley Park, Mamelodi, opposite 228 Rammala Street; and a speed hump at house 399 Mphokeng Street, Mamelodi, in the current financial year (2019/2020 budget) to ensure the safety of children crossing the road as well as other road users.

2. That the Group Head: Roads and Transport submit a progress report to the

Section 79 Standing Committee: Petitions Committee by 30 November 2019.

During the Council meeting of 31 October 2019, the Chair of Chairs in terms of Section 13(5) read with Section 21 of the Rules and Orders referred this report to the Executive Mayor due to its budgetary implications. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That this report be referred to the Executive Mayor in terms of Section 13(5) read with Section 21 of the Rules and Orders due to its budgetary implications.

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JRK THEMA (012 358 1723) COUNCIL: 31 October 2019 16. OFFICE OF THE SPEAKER

COUNCILLOR S MULLER REFERRED THE REMARKS MADE BY COUNCILLOR OS RAMABODU “GO TO HELL” (From the Section 79 Standing Committee: Rules and Ethics: 23 August 2019 and the Section 79 Standing Committee: Rules and Ethics: 25 October 2019)

The purpose of this report is for the Rules and Ethics Committee to determine whether the allegation made by Councillor S Muller against Councillor OS Ramabodu contravened the provisions of the Rules and Orders By-laws. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of this report. 2. That Councillor OS Ramabodu be ordered to apologize for his remarks in

Council in terms of Section 36(2), failing which, items 13 and 14 of the Code of Conduct for Councillors be invoked.

(Remark:

At the Council meeting of 31 October 2019, Cllr OS Ramabodu apologised for his remarks in Council in terms of Section 36(2) of the Rules and Orders.)

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JRK THEMA (012) 358-1723 COUNCIL: 31 October 2019 17. OFFICE OF THE SPEAKER

FIRST QUARTER PERFORMANCE REPORT OF THE SECTION 79 STANDING COMMITTEE: RULES AND ETHICS FOR THE 2019/20 FINANCIAL YEAR (From the Section 79 Standing Committee: Rules and Ethics: 25 October 2019)

The purpose of the report is to outline the first quarter performance of the Section 79 Standing Committee: Rules and Ethics of 2019/20 financial year.

Furthermore, the report will identify areas where there is a need for improvement in order to strengthen oversight and accountability. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognizance of the content of this report be taken.

2. That the first quarter report for Section 79 Standing Committee: Rules and

Ethics be approved.

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JRK THEMA (012 358 1723) COUNCIL: 31 October 2019 18. OFFICE OF THE SPEAKER

FIRST QUARTER REPORT OF THE SECTION 79 STANDING COMMITTEE: MPAC FOR 2018/2019 FINANCIAL YEAR (From the Section 79 Standing Committee: Public Accounts: 4 October 2019) The purpose of this report is to reflect on the performance of the Section 79 Standing Committee: Municipal Public Accounts (MPAC) for the first quarter of 2019/20 financial year, in line with the (MPAC) terms of reference and adopted process plan. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the MPAC first quarter report be approved.

2. That as per the resolution of the Section 79 Standing Committee: Public

Accounts meeting of the 6th September 2019, the Acting Accounting Officer

submit a report on consequence management implemented on departments

which submit reports of a poor quality and departments that continuously fail to

submit reports within timeframes set by MPAC or Council.

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((b)(ii) RESOLUTIONS BY OVERSIGHT AND STANDING COMMITTEES

REPORTING TO COUNCIL (ANNEXURE B)

During the debate of Annexure B at the Council meeting of 31 October 2019, no proposal was made for the Section 79 Standing Committee: Petitions to reconsider any resolution.

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G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN

QUESTIONS SUBMITTED BY COUNCILLORS IN TERMS OF SECTION 10(1)(b) OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY: COUNCIL MEETING: 31 OCTOBER 2019 There were none.

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H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS MEETINGS There were none.

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I. NEW MOTIONS

There were none.

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J. PETITIONS

The following Petitions were submitted at the Council meeting of 31 October 2019 in terms of Section 16(1) of the Rules and Orders:

1. Petition submitted by E Nkosi and J Sekgobela, Petition requesting for the

rezoning at Erf No. 30859, Mamelodi, Extension 11, Ward 97, Region 6 (by Cllr

NA Mokgalotsi).

2. Petition submitted by D Dikobe and L Mokgomong, Petition for the re-

demarcation of Saulsville, Ward 72 (by Cllr SL Sedibeng).

3. Petition submitted by D Dikobe and L Mokgomong, Petition requesting for the

creation of a park in Atterdgeville, Ward 72, Region3 (by Cllr SL Sedibeng).

4. Petition submitted by L Matlala and E Nkwashu, Requesting for the restoration

of Rethable Sports Ground and also to add a Library in Mamelodi, Ward 23,

(by Cllr JN Mokhare).

5. Petition submitted by H Masilela and Grace, Petition requesting the

establishment of proper internal roads in Mamelodi, Ward 23, (by Cllr JN

Mokhare).

6. Petition submitted by D Mashimbye and S Kekana Petition demanding

explanation as to why their three priorities have not been implemented in

Mamelodi, Ward 23 (by Cllr JN Mokhare).

7. Petition submitted by M Maswanganyi and E Nkwashu Petition Requesting for

the cutting of the reeds at Pedestrian Bridge in Sibande and Ndebele Streets,

Mamelodi, Ward 23, (by Cllr JN Mokhare).

8. Petition submitted by H Mlangeni and F Msiza Petition regarding the request for

the erection of the speed hump on Jabulani Street, Mamelodi East, Ward 18,

(by Cllr VI Masemola).

9. Petition submitted by N Ncube and J Baloyi Petition requesting for the tar of

streets which wsa washed put by rain in Mamelodi West, B2, Ward 38, (by Cllr

MP Sebotsane).

10. Petition submitted by D Baloyi and R Sambo Petition requesting for the erection

of the speed hump at Chaka Street in Mamelodi West, Ward 67, (by Cllr D

Mathe).

11. Petition submitted by K Sebola and S Masilela, Petition regarding the removal

of all illegal Businesses from the area known as Marabastad in OHB in

Ward 106, (by Cllr DC Tsela).

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12. Petition submitted by C Bester and M Witter Petition requesting for the speed calming at the Corner of Roslyn Avenue and January Masilela Drive, Waterkloof Glen, Ward 46, (by Cllr PW Van Heerden).

13. Petition submitted by C Makitla and V Mnisi Petition regarding the request for the erection paving of the sidewalks in Mamelodi, Ward 06, (by Cllr JW Masilela).

14. Petition submitted by C Makitla and V Mnisi Petition requesting the drainage system in Mamelodi, Ward 06, (by Cllr JW Masilela).

15. Petition submitted by J Ndlovu and D Mohaule petition regarding the request for the upgrade of Malaka Street and the extension of the street, pedestrian walkways and speed humps are also required as a matter of urgency in Mamelodi, Ward 67, (by Cllr D Mathe).

16. Petition submitted by K Poopedi, Petition regarding the request for the erection speed humps around Modisakeng and Mzangoma Streets, Atteridgeville, Ward 51, (by Cllr JW Masilela).

17. Petition submitted by Rudzani and Phindulo, Petition demanding the intervention in the illegal scrapyards, illegal taverns and illegal tuck-shops in Ward 80, (by Cllr PF Molaba).

18. Petition submitted by J Motuba and S Moyo, Petition demanding permanent stands and proper sanitation, water and toilets in Bremer Squatter in Ward 01, (by Cllr EJ Nel).

19. Petition submitted by S Moshoeshoe and A Makapela, Petition regarding service delivery in Mamelodi, Extension 8, 20 and Mahube Valley Extension 3 in Ward 40, (by Cllr SD Maja).

20 Petition submitted by D Moloi and J Mogotle, Petition regarding the upgrading or replacement of the sewer system and the Unblocking of the blocked Stormwater pathways at houdehold number 15, 25 and 34, Rotloestso Street in Mamelodi,Mahube Valley Extension 3 in Ward 40, (by Cllr SD Maja).

21. Petition submitted by A Naudea and R Ayre, Petition regarding the refund of excess payments due to the incorrect classification of Smart Bulk Electricity Meter by City of Tshwane in Lofts on Park Street, 1177 Park Street, Hatfield, Pretoria Ward 85, (by Cllr J Uys).

RESOLVED:

That the abovementioned Petitions be referred to the Section 79 Standing Committee: Petitions to be dealt with in terms of Section 16(2) of the Rules and Orders.

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K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF THE MEETING, AT THE DISCRETION OF THE SPEAKER

1. Office of the Speaker

Annual Programme for Quarterly Public meetings in 107 Wards: 1 October 2019 to 30 June 2020 ………………………………………… 74

2. Office of the Chief Whip of Council

Report of the recommendations made by the Special Committee responsible to investigate alleged Breaches of Item 3(a) of the Code of Conduct for Councillors for the month of July 2019 …………. 75

3. Office of the Chief Whip of Council

Report of the recommendations made by the Special Committee responsible to investigate alleged Breaches of Item 3(a) of the Code of Conduct for Councillors for the month of August 2019 ……… 76

4. Office of the Chief Whip of Council Report on Breaches to Item 3 of the Code of Conduct for Councillors in terms of Schedule 1 of the Municipal Systems Act (Act 32 of 2000) in a matter pertaining to Councillor CRE De Bruin ………………….…. 77

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TJ Babane (012 358 8065) COUNCIL: 31 October 2019

1 OFFICE OF THE SPEAKER

ANNUAL PROGRAMME FOR QUARTERLY PUBLIC MEETINGS IN 107 WARDS: 1 OCTOBER 2019 TO 30 JUNE 2020 The purpose of the report is to approve the City of Tshwane’s Annual Programme for Quarterly Public meetings in 107 Wards for the 2019/2020 financial year, i.e. 1 October 2019 to 30 June 2020. During consideration of this item by Council on 31 October 2019, the Speaker reminded Councillors to note the replacement version of this report on the SharePoint. Hereafter Councillors SJ Mabona and AM Maluleka addressed Council on this matter. During their address, among others, they requested the Office of the Speaker to ensure that these Public meetings are well coordinated and held preferably on Sundays for them to be a success. The Speaker responded that the Office of the Speaker does not want to overspend on overtime but that the inputs in respect of meetings to be held preferably on Sundays were noted. It was thereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the Annual Programme of Quarterly Public meetings for the period

1 October 2019 to 30 June 2020, attached as Annexure A, inclusive of all dates provided by Ward Councillors and all the general principles contained in this report, be approved.

2. That the last week of every month in all probabilities,be reserved for purposes

of political preparations in respect of Council meetings. 3. That the approved Annual Programme for Quarterly Public meetings be

circulated to all role players as a matter of urgency. 4. That notices/agendas of said meetings be delivered to the Ward Councillor

and community members in accordance with the provisions for the serving of notices and agendas as depicted in section 2 of the Rules and Orders.

5. That any amendment to the Annual Programme necessitated during the

course of the financial year, be delegated to the Speaker of Council to do so after consultation with the relevant role players.

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GADNER TEFU (012 358 3546 / 3123) COUNCIL: 31 October 2019 2. OFFICE OF THE CHIEF WHIP OF COUNCIL

REPORT OF THE RECOMMENDATIONS MADE BY THE SPECIAL COMMITTEE RESPONSIBLE TO INVESTIGATE ALLEGED BREACHES OF ITEM 3(A) OF THE CODE OF CONDUCT FOR COUNCILLORS FOR THE MONTH OF JULY 2019

The purpose of the report is to submit to Council the recommendations based on the outcomes of the investigations conducted by the Special Committee responsible to investigate alleged breaches of item 3(a) of the Code of Conduct for Councillors for the month of July 2019.

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

RESOLVED: 1. That, as set out in Annexure D,

a. Cognisance is taken that the referral pertaining to Councillor CRE de Bruin

in Annexure D1 will be dispensed of in a separate report to the Council. b. Councillors contained in Annexure D2 be issued with a formal warning in

line with (S14(2)(a) of the Code of Conduct for Councillors.

2. That, upon Council approval, the Office of the Chief Whip of Council communicates in writing the resolution of Council to the relevant councillor(s) and departments.

a. That the Office of the Chief Whip of Council, in line with S14(3), notify the

councillor of the decision of council to appeal to the MEC for local government in writing setting out the reasons on which the appeal is based.

b. That the Office of the Chief Whip of Council, at the expiry of the 14 days appeal period, notify the Group Financial Officer, in writing, of the Council resolutions and request that the fine imposed by Council regarding the breach be deducted from the relevant councillor’s salary.

3. That the Office of the Chief Whip of Council monitors councillors identified by

the Special Committee as unable to perform their duties, inclusive of attending meetings, due to wellness issues.

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GADNER TEFU (012 358 3546 / 3123) COUNCIL: 31 October 2019 3. OFFICE OF THE CHIEF WHIP OF COUNCIL

REPORT OF THE RECOMMENDATIONS MADE BY THE SPECIAL COMMITTEE RESPONSIBLE TO INVESTIGATE ALLEGED BREACHES OF ITEM 3(A) OF THE CODE OF CONDUCT FOR COUNCILLORS FOR THE MONTH OF AUGUST 2019

The purpose of the report is to submit to Council the recommendations based on the outcomes of the investigations conducted by the Special Committee responsible to investigate alleged breaches of item 3(a) of the Code of Conduct for Councillors for the month of August 2019.

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

RESOLVED:

1. That, as set out in Annexure D,

a. The seven (7) cases contained in Annexure D1 be found not to be in breach of item 3(a) of the Code of Conduct for Councillors.

b. Cognisance is taken that the referral pertaining to Councillor CRE de Bruin in

Annexure D2 will be dispensed of in a separate report to the Council.

c. The councillors contained in Annexure D3 be issued with a formal warning in

line with (S14(2)(a) of the Code of Conduct for Councillors.

d. The councillors contained in Annexure D4 be issued with a formal warning and

be reprimanded in line with (S14(2)(a) and (b) of the Code of Conduct for

Councillors.

2. That, upon Council approval, the Office of the Chief Whip of Council

communicates in writing the resolution of Council to the relevant councillor(s) and

departments.

a. That the Office of the Chief Whip of Council, in line with S14(3), notify the

councillor of the decision of council to appeal to the MEC for local government

in writing setting out the reasons on which the appeal is based.

b. That the Office of the Chief Whip of Council, at the expiry of the 14 days

appeal period, notify the Group Financial Officer, in writing, of the Council

resolutions and request that the fine imposed by Council regarding the breach

be deducted from the relevant councillor’s salary.

3. That the Office of the Chief Whip of Council monitors councillors identified by the

Special Committee as unable to perform their duties, inclusive of attending

meetings, due to wellness issues.

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GADNER TEFU (012 358 3546 / 3123) COUNCIL: 31 October 2019 4. OFFICE OF THE CHIEF WHIP OF COUNCIL

REPORT ON BREACHES TO ITEM 3 OF THE CODE OF CONDUCT FOR COUNCILLORS IN TERMS OF SCHEDULE 1 OF THE MUNICIPAL SYSTEMS ACT (ACT 32 OF 2000) IN A MATTER PERTAINING TO COUNCILLOR CRE DE BRUIN

The purpose of the report is to submit to Council the recommendations based on the outcomes of the investigations conducted by the Special Committee responsible to investigate alleged breaches of item 3(a) of the Code of Conduct for Councillors in terms of Schedule 1 of the Municipal Systems Act (Act 32 of 2000) in a matter pertaining to Councillor CRE de Bruin.

IT WAS RECOMMENDED (TO THE COUNCIL: 31 OCTOBER 2019):

1. That cognisance is taken of the report.

2. That Councillor CRE de Bruin is found to be in breach of item 3 of the Code of

Conduct for Councillors in terms of Schedule 1 of the Municipal Systems Act (Act 32 of 2000).

3. That the Council endorses the recommendation of the Special Committee to invoke

item 14(2)(e) of the Code of Conduct for Councillors, i.e. request the MEC to remove the councillor from office.

4. That the Council authorises the Chief Whip of Council, as per the delegated powers

of the Chief Whip of Council, to initiate the process of the removal of the councillor from office.

During consideration of this item by Council on 31 October 2019, the Chief Whip of Council reminded Council about the Official Notice done by the Speaker earlier during the meeting relating to the resignation of Cllr CRE de Bruin. He added that this resignation came after the Special Committee considered a report on the Alleged Breaches of Item 3(a) of the Code of Conduct for Councillors by Cllr De Bruin and thereafter thanked the Committee for their efforts in this regard.

Addressing the fact that the Councillor’s resignation letter was submitted after this report was processed by the Special Committee and submitted to Council, but before Council could consider this report, Cllr AM Maluleka expressed the opinion that the resignation letter now received, sets aside this report. It was thereafter resolved as set out below:

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That this report be withdrawn from the agenda given the resignation of Cllr CRE de Bruin with effect from 30 October 2019.

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L. CONCLUSION

The Speaker thanked all Councillors for their valuable inputs during the meeting and concluded the meeting at 16:04.