minutes: council meeting - umdoni

MINUTES : COUNCIL MEETING : 31 JULY 2019

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Minutes :Council Meeting 31 July 2019 Minutes completed on : 13 August 2019 Recording Reference : (portable recorder)

UMDONI MUNICIPALITY

The Jewel of the South Coast

MINUTES:

COUNCIL MEETING DATE OF MEETING TIME VENUE

WEDNESDAY 31 July 2019

10:00 Scottburgh Town Hall

CHAIRPERSON Cllr NP Mpanza-Mngadi

PRESENT ABSENT / LOA / APOLOGY

Cllr Armugam – KK Cllr Ally – M Cllr Brijraj – R Cllr Baptie – EV - (EXCO Member) Cllr Bhoola – RB

Cllr Cele SH Cllr Cele MJ Cllr Dlamini – LR Cllr Dube – WT (Mayor) Cllr East – JJ Cllr Gwala – JNE Cllr Gambushe – DP Cllr Hlengwa - DMM Cllr Hlongwa DN Cllr Khabela – NY

Cllr Khathi – ST Cllr Khan – MA Cllr LN Myende - left 11h00 Cllr Mbele - BO Cllr Maharaj – RS Cllr Mdluli SD Cllr Mngadi – BC (EXCO Member) Cllr Ngcobo – MC Cllr Ndlela – J Cllr Nombika – PN Cllr Sosibo - BB Cllr Shange SC Cllr Sookjraj – S Cllr Sokhulu – T

Cllr Singh - S Cllr Thabethe – PE

Cllr Mtambo – HDT Cllr Khwela – SSI Cllr Ngwane – FM Cllr Mzelemu – S (EXCO Member) LOA Cllr Hlongwa - ZT

AMAKHOSI’S

Inkosi LM Shozi Inkosi MP Duma Inkosi SE Mbhele Inkosi PR Bele Inkosi SD Cele Inkosi JM Mqadi Inkosi MP Ngcobo

OFFICIALS

Present L.O.A/ Absent / Apology On Council Business

Dr VP Tsako: Municipal Manager Mr N Manyathi: Acting GM Technical Services

Mr B Ntsebesha: Acting GMCS - Council Business


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Ms T Mhlongo: GMFS/CFO

Mr M Mzotho: GM P&D Ms DP Nene: Acting GMCpS Mrs N Harisingh: Manager – Aux Ms S Reddy: Manager: L&E Mr T Ndlovu: Manager: IA Ms S Chiya: Manager: IDP/PMS Ms S Cele: Manager- Communications Mr BA Khanyile: Manager -Public Participation

COMMITTEE OFFICER

Mrs N Sithole Mrs K Govender

INVITEES / PRESS / PUBLIC / PRESENTERS

Press

NOTE : The minutes are done as per the agenda and not necessarily in the order they were

discussed in the meeting.

C.1/Jul-19 OPENING AND NOTICE OF MEETING

The Speaker opened the meeting and welcomed all present. The notice of meeting was taken as read.

C.2/Jul-19 PRAYER

A moment of silence was observed.

C.3 /Jul-19 ATTENDANCE : APPLICATIONS FOR

LEAVE OF ABSENCE / APOLOGIES

As recorded on Page 1.

It was noted that Cllr S Mzelemu (sick leave), had requested leave of absence from the meeting. It was further noted that Cllr NY Myende requested to be excused from the meeting at 11h00(sick leave – doctor’s appointment). Management component, it was noted that the Acting General Manager: Community Services had tendered apologies as he was attending municipal business. It was further noted that the Audit Committee Representative (other business) had tendered apologies. Following which,


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It was unanimously RESOLVED:

(a) That Cllr S Mzelemu (sick leave) be and is hereby granted leave of absence from this meeting.

(b) That the Acting General Manager: Community

Services (municipal business) be and is hereby granted leave of absence from this meeting.

(c) That the Audit Committee Representative (other business) be and is hereby granted leave of absence from this meeting.

(d) That the request for Cllr Myende to be excused from

the meeting at 11h00 be and is hereby APPROVED.

C.4/Jul-19 DECLARATION OF INTEREST

It was noted that there were none.

C.5/Jul-19 OFFICIAL ANNOUNCEMENT BY THE

SPEAKER

Nil

C.6/Jul-19 CONFIRMATION OF AGENDA

The Speaker took members through the confirmation of the agenda. The Municipal Manager requested that the following items should be REMOVED from the agenda. C.7/Jul-19: Presentation by Office of the Municipal Manager C12.8/Jul-19: UIFW Expenditure Report The Municipal Manager requested that the following items be INCLUDED to the agenda. C 11.18/Jul -19: Salga KZN DSR Games 2019 C 11.19/Jul-19: IDC Sanitary Towel Project C 11.20/Jul-19: Establishment of Umdoni Audit Committee.


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Cllr Mdluli raised concerns regarding the issue of late items and incomplete agenda. Concurring, Cllr’s EV Baptie and S Singh shared the same sentiments. Cllr Bhoola made a follow up enquiry regarding a Motion that he had submitted to the Speakers Office as the item was not on the agenda. The Speaker indicated that, the said motion was withdrawn by the author. Following which, It was unanimously RESOLVED That the agenda convening the Umdoni Municipal Council be and is hereby CONFIRMED, subject to the inclusion of SALGA KZN DSR Games 2019, IDC Sanitary Towel Project and Establishment of Umdoni Audit Committee and removal of items: Presentation by Office of the Municipal Manager and UIFW Expenditure Report.

C.7/Jul-19 PRESENTATIONS

Nil – item removed from the agenda.

C.8/Jul-19 REPORTS BACK

It was noted that there were none.

C.9.1/Jul-19 CONFIRMATION OF COUNCIL MINUTES

DATED 29 MAY 2019

REC (1) – 0:06:10 – 1:00:00

The Speaker took the members through the confirmation of the minutes for the meeting held on 29 May 2019. Cllr Baptie, stated it was impossible to confirm these minutes, he referred to pages 8, 9, 10, 11 and 12 and that was because of the manner in which the meeting is conducted. Cllr Singh stated that there was an omission in paragraph 2 on page 18. On the proposal of Councillor BC Mngadi seconded by Councillor R Brijraj the Minutes of the Council Meeting held on 29 May 2019


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It was RESOLVED: (a) That the minutes for the meeting held on 29 May 2019 be and

are hereby CONFIRMED subject to the inclusion of “must” on Page 4 of the minutes, under item C.9.1/May-19. Inclusion of (full stops on page 18, paragraph 2). The point of order on page 21, item C.11.5/May -19 must be stated and what was the ruling. Page 26, Correction of the spelling error “disposable” to be read “as disposal”

(b) That DA Councillors: Cllrs EV Baptie, S Singh, JJ East, D Mdluli, KK Armugam, S Sookhraj, SR Maharaj did NOT confirm the minutes of the Council meeting held on Wednesday, 29 May 2019.

C.9.2/Jul-19 CONFIRMATION OF SPECIAL COUNCIL

MINUTES DATED 12 JUNE 2019

Cllr Mngadi moved for the adoption of the minutes and was seconded by Cllr MJ Cele RESOLVED

(a) That the confirmation of the minutes for the Special Council

meeting held on 12 June 2019 be and are hereby CONFIRMED.

(b) That DA Councillors: Cllrs EV Baptie, S Singh, JJ East, D Mdluli, KK Armugam, S Sookhraj, SR Maharaj did NOT confirm the minutes of the Special Council meeting held on Wednesday, 12 June 2019.

C.9.3/Jul-19 CONFIRMATION OF SPECIAL COUNCIL

MINUTES DATED 03 JULY 2019

Cllr Brijaraj moved for the adoption of the minutes and was seconded by Cllr Gambushe Following which, It was


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RESOLVED (a) That the confirmation of the minutes for the Special Council

meeting held on 03 July 2019 be and are hereby CONFIRMED.

(b) That DA Councillors: Cllrs EV Baptie, S Singh, JJ East, D Mdluli, KK Armugam, S Sookhraj, SR Maharaj did NOT confirm the minutes of the Special Council meeting held on Wednesday, 03 July 2019.

C.10/Jul-19 EXECUTIVE COMMITTEE MINUTES

DATED 18 JUNE 2019

The minutes of the Executive Committee meeting held on 18 June

2019 were attached to the Council Agenda. Only items that EXCO resolved, items requiring a Council Resolution or items raised and discussed at the Council Meeting are contained in these minutes.

P&D 9.5/Jun -19 PLANNING AND DEVELOPMENT

ENCROACHMENT APPLICATION

Cllr Singh raised questions of clarity regarding the issue of bylaws that regulates the encroachment application and processes i.e. If there were bylaws, then why the matter was not treated using such bylaw?

In terms of the recommendation, Cllr Baptie was of the view that the

recommendation need to be re-worded to enter into an agreement with the applicant as this particular land still belonged to the municipality but the municipality allowed the property owner to use this piece of land whereas he has constructed the pavement. If in future the municipality wants to use the land, the owner must make his own means and ways of getting the driveway, at his own cost.

Following which, It was

UNANIMOUSLY RESOLVED

(a) That the owner of the property enters into agreement with the

municipality and;


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(b) That should it become necessary, for the applicant to use a road reserve, he will reconstruct it at his own cost.

[ACTION: GMP&D]

P&D11.5/Jun-19 UMDONI TOURISM EVENT PROMOTION

SUB – COMMITTEE

Cllr Singh proposed that the recommendations to Council must fall

away since there was an actual item on the agenda.

Another view by Cllr Mngadi was that the nominations of the Sub –

Committee was that the item be dealt under item C11.11/Jul-19

Cllr MJ Cele requested Council to stick to the recommendations

from EXCO as there was separate items which speaks to the

resolution.

Following much discussion and deliberations,

It was


(a)That the Events Committee must also include at least 3

Councillors.

(b) That both events be hosted (Maskandi Festival and Umdoni

Social Diversity Festival).

ACTION: GMP&D

P&D.11.6/Jun-19 UMDONI INVESTMENT CONFERENCE

The General Manager – Planning and Development advised the

Council that conference has changed to take place in August 2019.

It was


That the proposal for the hosting of the Umdoni Investment

Conference for the 2019/2020 financial year be and is hereby

ACCEPTED with amendments to take place in the month of August

2019.


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ACTION: GMP&D

P&D.11.8/Jun-19 UMDONI BUSINESS CHAMBER


(a) That the EXCO recommendations fall away.

(b) That the item will be discussed under item C 11.13 /Jul-19. ACTION: GM P&D

CS. 11.2/Jun-19 VOLKSWAGEN CAR SHOW


(a) That permission to host Dubs Car Show at the Park Rynie

Campsite on 10 August 2019 be and is hereby GRANTED.

(b) That the tariff of charge in the amount of R 9 000.00 be applied.

ACTION: Acting GMCS

C.11/Jul-19 MAIN AGENDA ITEMS – OUT

OF COMMITTEE

C.11.1/Jul-19 COUNCIL RESOLUTION REGISTER: OUT

OF COMMITTEE MATTERS OF MINUTES

DATED 29 MAY 2019

The purpose of the report was for Council to acknowledge the content of the Council Resolution Register emanating from minutes of the meeting held on 29 May 2019.

As part of Council’s oversight, it is important to ensure that relevant

resolutions are implemented and actioned accordingly and timeously.

Discussions ensued as follows:

- In response to Cllr Bhoola’s concern regarding the Disaster Management Sector Plan. MM advised that Sector Plan was


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workshopped with Councillors and Management and it was adopted in Special Council meeting held on 03 July 2019.

- Cllr Singh informed Council that the One + 1 Events: Scottburgh

Christmas in July - 30 June 2019 did not go ahead because of the late approval. Feedback was hereby NOTED.

Following which, It was unanimously RESOLVED

That Council the Resolution Register for the Council meeting held

on 29 May 2019 be and is hereby NOTED.

C.11.2/Jul-19 SPECIAL COUNCIL RESOLUTION

REGISTER: OUT OF COMMITTEE MATTERS

OF MINUTES DATED 12 JUNE 2019

The purpose of the report was for Council to acknowledge the content of the Special Council Resolution Register emanating from minutes of the meeting held on 12 June 2019.



Cllr Singh referred members to page 45 of the Agenda and sought

clarity if the resolution on Lease of PTN 2 ERF 328 Umzinto [Department of Social Development] still stands.

In response, the Municipal Manager explained to members that

resolution still stands, however the Municipal Manager will talk to the item.


That Special Council the Resolution Register for the Council

meeting held on 12 June 2019 be and is hereby NOTED.


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C.11.3/Jul-19 SPECIAL COUNCIL RESOLUTION

REGISTER: OUT OF COMMITTEE MATTERS

OF MINUTES DATED 03 JULY 2019

The purpose of the report was for Council to acknowledge the content of the Special Council Resolution Register emanating from minutes of the meeting held on 03 July 2019.



Cllr Bhoola referred members to page 49 of the Agenda and

enquired with regards to the R850 000. 00 funds approved to restore the damaged infrastructure by floods. He requested that the portion of money for damages be used internally as listed in the report for infrastructure damage by the floods.

MM advised that she will look into this matter. [ACTION: MM] Cllr Brijraj raised concerns regarding all Council Resolution

Registers that were appended on the agenda. It appeared as none of the resolutions has been implemented.

In response, the Municipal Manager explained that all the irregularities were brought to the attention of Acting GM Corporate Services, the issue of quality assurance was also noted. Cllr Singh referred members of Council to page 48 of the agenda and explained that she requested to be provided with Treasury Regulations regarding the illegal resolution that was taken by Council in relation to Whale Road. The information will be forwarded to Cllr Singh. [ACTION: MM/CFO] Following which, It was unanimously RESOLVED

That Special Council the Resolution Register for the Council

meeting held on 03 July 2019 be and is hereby NOTED.

C.11.4/Jul-19 REVISION OF COST CONTAINMENT AND

REVENUE ENHANCEMENT STRATEGY


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The Chief Financial Officer took members through the item(s) C.11.4/Jul-19 and C.11.5 /Jul-19 as these items were interlinked.

The purpose of the report was to present to Council the amended Cost Containment and Revenue Enhancement Strategy.

The Cost Containment and Revenue Enhancement Strategy for the financial year was adopted in April 2019, however on 7 June 2019 a Government Gazette was published containing municipal cost containment regulations to be effected by all municipalities. The Umdoni Municipality Cost Containment has therefore now been amended to include all the regulations published in the attached Government Gazette.

Following much discussion and deliberation on the item, it was explained to members that these documents be consolidated to form one document. The alignment was of such is very important.

[ACTION: CFO] In response to questions of clarity, the Chief Financial Officer referred members of the Council to page 72 of the document and that it was where the strategy and policy is customized into the environment of Umdoni and what was going to be done by the management of Umdoni in trying to deal with the issues of Cost Containment and Revenue Enhancement within the institution. MM explained that the documents will be consolidated.

On the proposal of Cllr BC Mngadi seconded by Cllr Brijraj, it was

RESOLVED

That the updated Cost Containment and Revenue Enhancement Strategy be and is hereby ADOPTED.

Please Note: All DA Councillors requested to be recorded that they did not support the resolution.

[ACTION: CFO]

C.11.5/Jul-19 THE REVISED 2019/2020 COST

CONTAINMENT POLICY


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The Chief Financial Officer took members through the item, Item was presented in conjunction with C.11.4/Jul-19 and C.11.5 /Jul-19 as these items were interlinked.

The purpose of the report was to present to Council the revised 2019/2020 Cost Containment Policy.

On the proposal of Cllr BC Mngadi seconded by Cllr Brijraj, it was

RESOLVED

That the revised 2019/2020 Cost Containment Policy be and is hereby ADOPTED.

[ACTION : CFO]

Please Note: All DA Councillors requested to be recorded that they did not support the resolution.

C.11.6/Jul-19 WARD COMMITTEE FUNCTIONALITY

ASSESSMENT RESULTS

The Municipal Manager took members through the Ward Committee Functionality Assessment Results. Following which, It was unanimously RESOLVED That Council receives and note with concern the number of non-functional Ward Committees at Umdoni Local Municipality.

[ACTION : MM i.c.w Office of Speaker]

C.11.7/Jul-19 STANDING ITEM IN COUNCIL MEETINGS:

MONTHLY SALGA REPORT TO MEMBERS

AS OF 07 JUNE 2019

The Municipal Manager took members through the item.

Following which, It was unanimously


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RESOLVED

That the circular from SALGA dated 07 June 2019 be and is hereby NOTED.

C.11.8/Jul-19 MPAC REPORT

The MPAC Chairperson took members through the item. The Chairperson reported that most items have been noted as they are undergoing certain investigations at the moment. The report of such investigations will be submit to Council in the meeting [August 2019]. Cllr Bhoola noted the report and enquired as to what was the cause of the delay of the investigations. He was advised by the Chair of MPAC that the investigation was undertaken and it will be reported on at Council in August. The investigations are for two projects namely, Bhakajene Road and Mashanela Hall. Following which, It was unanimously RESOLVED That MPAC Report be and is hereby NOTED.

C.11.9/Jul-19 AUDIT COMMITTEE REPORT

REC (1) – 0:06:10 – 1:00:00(ends here)

The Manager: Internal Audit took members through the Audit Committee Report item. The purpose of the report was to recommend improvements on the municipality’s systems of internal control, risk management and governance processes. The report was for the second and third quarter of the 2018/2019 financial year. He then highlighted the following statutory duties relating to to the second and third quarter of 2018/2019 FY.


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Reviewed Draft Half Yearly Financial Statements and Section 71 Reports

Risk Management

The Mid Year – Budget, Performance Report and Supply Chain Management Policies

Performance Management

Effective Governance

Compliance with legislation

Key issues dealt with and recommendations. REC (2): 00:05:05 to: up to 55:53:9

Commenting, Cllr Singh raised concerns regarding the non – attendance of Audit Committee Members. The Audit Committee should have made recommendations to Council. Echoing the same sentiments, Cllr Baptie raised concerns regarding the report received from the Audit Committee. In his view what was received was not an audit report. There was no report for financial interrogations of the municipal performance and recommendations are non-substantial. It was disappointing to receive such a report. Cllr Brijraj moved for the adoption of the audit committee report and was seconded by Cllr Gwala, Following which, It was unanimously RESOLVED That the report of the Audit Committee be and is hereby ADOPTED.

[ACTION : M:IA]

C.11.10/Jul-19 AUDIT RESPONSE PLAN

The Manager: Internal Audit took members through the Audit Response Plan item. The purpose of the report was to appraise Council about the plan to address queries. Following which, It was RESOLVED


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That the audit action plan be and is hereby NOTED by Council. [ACTION : M:IA]

C.11.11/Jul-19 TOURISM ATTRACTION EVENTS

COMMITTEE

The General Manager: Planning and Development took members through the above item. He gave the background to the item. The report was interrogated by members of Council. Questions of clarity were sought in terms of establishing the Sub- Committee. It was pointed out that there were current structures that are meant to drive this function. Cllr Brijraj moved that Cllr’s ZT Hlongwa, P Thabethe and DP Gambushe be nominated to serve on the Tourism Attraction Events Sub – Committee and was seconded by Cllr SH Cele. Following which, It was RESOLVED (a) That the report on the establishment of Sub- Committee for the

tourism attraction events be and is hereby NOTED.

(b) That Council establishes a Sub - Committee for the tourism attraction events.

(c) That Cllr’s ZT Hlongwa, P Thabethe and DP Gambushe serve on the Tourism Attraction Events Sub – Committee.

[ACTION: GMP&D]

As there was division on this matter, the Speaker ruled and put the

matter to the vote.

19 (ANC, AND IFP) Councillors were in favour of the Tourism Attraction Events Committee.

7 (DA) Councillors were not in favour; 4 Councillors (AM4C, AL JAMA, AIC AND EFF) abstained from

voting. [ACTION: GMP&D]

At this stage of proceedings, 11h25, Cllr Myende left the meeting.


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Please Note: At this juncture, Cllr Singh wanted the Speaker to announce the outcome of the voting on this matter. The Speaker directed Councillor Singh to be mindful of proceedings of Council, in respect of the rules of order. The Speaker requested Cllr Singh to respect the Council.

C.11.12/Jul-19 UMDONI BUSINESS CHAMBER

The General Manager: Planning and Development took members through the above item.

Following much discussion and deliberations It was unanimously

RESOLVED

(a) That recommendations No1 and No 2 which were as follows be

rejected. - That the Council notes the report on the Umdoni Busines

Chamber report

- That a business chamber for the Umdoni Municipal area of

jurisdiction is relaunched. (b) That Council will not be included with any Business Chambers

until further notice.

[ACTION:GMP&D]

C.11.13/Jul-19 2019/2020 SERVICE DELIVERY BUDGET

AND IMPLEMENTATION PLAN

The Municipal Manager took the meeting through the item. Following which, It was unanimously RESOLVED That the 2019/2020 Service delivery Budget and Implementation Plan be and is hereby NOTED by Umdoni Council.


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C.11.14/Jul-19 2020/2021 IDP, BUDGET, PMS PROCESS

PLAN

The Municipal Manager took the meeting through the item. Following which, It was unanimously RESOLVED (a) That Council notes the IDP/Budget and PMS Process Plan for

financial year 2020/2021 and; (b) That the process plan be advertised for public comments for

period of 21 days as per the Municipal Systems Act of 2000. [ACTION : OMM]

(c) That the schedule be placed in the EXCO agenda as standard

item to keep track on it. [ACTION : OMM]

C.11.15/Jul-19 REPLACEMENT OF MEMBER ON

CORPORATE GOVERNANCE PORTFOLIO

COMMITTEE

The Municipal Manager: took the meeting through the item. Following which, It was unanimously RESOLVED

(a) That Council hereby notes that Councillor Mpanza – Mngadi will no longer serve as a member of the Corporate Governance Portfolio Committee and

(b) That the vacated position/seat on the Corporate Governance

Portfolio will with immediate effect be occupied by Cllr JNE Gwala who is a member of the ANC Political Party.

[ACTION: GM: CpS]

C.11.16/Jul-19 FINANCIAL ASSESSEMENT OF UMDONI

MUNICIPALITY – Q4 2018/2019


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The CFO took the meeting through the item. Following which, It was unanimously RESOLVED

That the Financial Assessment Report for Umdoni Municipality for Q4 – 2018/2019 be received and NOTED.

[ACTION : CFO]

C.11.17/Jul-19 SALGA KZN DSR GAMES 2019

The Municipal Manager took the members through the above item.


That Umdoni Local Municipality will not be able to participate in the Salga KZN DSR Games 2019 due to withdrawal by the District Municipality. [ACTION : OMM]

C.11.18/Jul-19 IDC SANITARY TOWEL

The General Manager: Planning and Development took the members through the above item.

Following which, It was unanimously RESOLVED That the Council notes the IDC Sanitary towel project which will be implemented at Umdoni Municipality

[ACTION: GMP&D]

C.11.19/Jul-19 ESTABLISHMENT OF UMDONI AUDIT

COMMITTEE


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The Municipal Manager took the meeting through the item. Following which, It was unanimously RESOLVED That Council approves that Umdoni Municipality establish its

independent Audit Committee.

[ACTION: MM/M: IA]

C.12/Jul-19 IN – COMMITTEE MATTERS

PLEASE REFER TO SEPARATE SET OF

MINUTES FOR IN-COMMITTEE ITEMS.

C.13/Jul-19 DATE OF NEXT MEETING

It was noted that the date of the next meeting was scheduled for 28 August 2019.

C.14/Jul-19 CLOSURE

There being no further business for discussion, the Speaker

declared meeting closed at 12:25

CONFIRMED THIS ____ DAY OF______2019

----------------------------------------

CLLR NP MPANZA-MNGADI

SPEAKER

Unconfirmed Minutes checked by the Speaker Cllr Mpanza-Mngadi___________________

minutes: council meeting - umdoni

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