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TRANSCRIPT
- 993 -
No. 29 MINUTES
OF
ETHEKWINI MUNICIPAL COUNCIL
Meeting held on Thursday, 2018-02-22T10:00,
City Hall Main Auditorium, Church Walk, Durban
PRESENT : Councillors WL Mapena (Speaker), ZRT Gumede (Mayor), F Peer
(Deputy Mayor), MA Ally, J Annipen, S Aslam, A Beetge, S Bhanprakash,
MPN Bhengu, MC Bhengu, NC Biyela, T Biyela, M Brauteseth, S Brijmohan,
WJD Burne, SS Butelezi, VP Caluza, H Cele, NT Cele, J Chetty, BA Chili,
TJT Cibane, R Cloete, TP Collins, M David, HU De Boer, SV De Boer,
GT De Lange, MAK Dladla, CB Dlamini, JA Dlamini, SB Dlamini,
SR Dlamini, MP Dlomo, BA Fortein, VE Gebashe, HD Goge, R Gokool,
G Govender, S Govender, Y Govender, NL Graham, PJC Graham,
BR Gumede, NC Gumede, NP Gumede, TR Gumede, ZD Gushu, MH Haniff,
GJ Hegter, NP Hlomuka, RC Hlophe, S Hoosen, NB Hoosman, NB Iyir,
JA Johnson, M Johnson, SA Kaunda, DM Khanyile, ES Khanyile,
KNN Khubone, PZ Khumalo, HL Khubisa, NL Khuzwayo, S Khuzwayo,
ZW Khuzwayo, SNC Khwela, CJ Laing, CB Langa, P Luthuli, TJ Luthuli,
TN Mabanga, MT Mabaso, NI Madlala, A Maharajh, ZP Makhanya,
NZ Maluleka, MW Manqele, SD Maphumulo, PM Mbambo, V Mbanjwa,
AM Mbele, RD Macpherson, SM Mdlalose, FW Mdletshe, LM Meyer,
P Mfeka, TP Mfusi, K Mhlaba, GN Mhlongo, SE Mhlongo, MB Mjadu,
AZ Mkhize, BA Mkhize, HGB Mkhize, KV Mkhize, MM Mkhize,
MP Mkhize, S Mkhize, SM Mkhize, SM Mkhwanazi, PS Mncube,
ZM Mncwango, E Mngadi, SB Mngadi, SV Mngadi, LC Mnguni,
BV Mngwengwe, LN Mngwengwe, SR Moodley, S Moonsamy, B Mpanza,
SB Mpanza, SNL Mshengu, B Msomi, LG Mthembu, M Mthembu,
MGF Mthembu, MM Mthembu, NE Mthembu, ON Mthembu, TM Mthethwa,
TT Mthiyane, N Munien, AB Mvubu, RM Mzobe, BD Naidoo, M Nair,
X Nala, PL Ncayiyana, BP Ndlela, AB Ndlovu, PB Ndlovu,
MK Ndzimbomvu, ZS Ndzoyiya, S Ngema, BS Ngiba, MM Ngiba,
TT Ngubane, SJM Nhlapho, MS Nkosi, M Nojiyeza, DR Nowbuth,
GM Noyce, B Ntshangase, PC Ntshangase, SC Ntshangase, PB Ntuli,
PH Nxumalo, NP Nxumalo, W Nyaba, MS Nyawose, CJ Pappas, BW Phewa,
JP Phewa, TK Phohlo, B Phungula, D Pillay, DR Pillay, KR Pillay, P Pillay,
JP Prinsloo, GDA Pullan, BR Qhantsi, MD Qwabe, A Ramkissoon,
A Rampersad, S Ryley, S Sewshankar, AN Shabalala, B Shabane, MG Shange,
SG Shange-Dlamini, MT Shelembe, MC Shezi, VH Shezi, BP Shozi,
DM Shozi, HP Shozi, M Sibisi, PN Sikhosana, B Singh, EL Singh, Sagar
Singh, Samier Singh, AD Snyman, ZR Sokhabase, M Tembe, JB Thabethe,
S Thango, WM Thring, JC Van den Berg, MC Xulu, TV Xulu, NY Young,
BM Zulu, GB Zulu, MBR Zuma, TG Zungu and MH Zwane.
ABSENT : Councillors RJ Crouch, AN Dlamini, MS Gwala (On leave), JS Khuboni
(On leave – Indisposed), B Majola, TG Makhanya (On leave), NE Mnguni
(On leave – Municipal business), J Naidoo (On leave _ Indisposed),
AS Ngcobo (On leave), BT Ntuli, NN Nyanisa (On leave - Municipal
business), TT Nzuza (On leave _ Indisposed), ES Shezi, N Sibiya,
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PS Sishange, NI Sithole (On leave – Municipal business), SM Windvogel
(On leave – Indisposed), C Xesibe and TM Zuma (On leave – Indisposed).
AMAKHOSI
PRESENT : Inkosi VR Cele and Inkosi DZ Mkhize.
AMAKHOSI
ABSENT : Inkosi BF Bhengu (On leave), Inkosi TF Gwala, Inkosi NM Hlengwa
(On leave), Inkosi PP Luthuli, Inkosi KS Makhanya, Inkosi NC Maphumulo
(On leave), Inkosi LD Mkhize (On leave), Inkosi KT Mkhize (On leave),
Inkosi TBE Mkhize, Inkosi S Mlaba (On leave), Inkosi RF Mthembu, Inkosi
MB Ngcobo, Inkosi JP Shangase and Inkosi EB Shozi (On leave).
OFFICIALS
PRESENT : Messrs/Mesdames SC Nzuza (City Manager), S Shezi (Acting Head: Legal
Services and Compliance), M Mthiyane (Deputy Head: Legal Support, Legal
Services and Compliance), BM Mhlongo (Deputy Head: Office of the
Speaker), KR Ramsunder (Chief Committee Officer) and S Ramgolam
(Principal Committee Officer).
(At the commencement of the meeting 197 Councillors were present, comprising ANC – 110,
DA - 58, IFP - 8, EFF - 8, INDEPENDENT - 4, AIC - 2, ACDP – 1, MF - 1, DLC - 1, TA- 1,
MOSA – 1, APC - 1 and AL JAMA-AH - 1).
_________________
1. NOTICE CONVENING THE MEETING
The City Manager read the Notice convening the meeting as per the statutory
requirement.
2. OPENING
The Speaker declared the meeting open and extended a warm welcome
to Her Worship the Mayor, the Deputy Mayor; Members of the Executive
Committee; Honourable Councillors and Traditional Leaders; City Manager; Deputy
City Managers and Heads present; Legal Services and Compliance officials; Media;
Members of the Public; Distinguished Guests and Members of the Administration.
3. AFRICAN UNION AND NATIONAL ANTHEM
At the request of the Speaker the meeting stood to sing the African Union Anthem
and the National Anthem of the Republic of South Africa.
4. OPPORTUNITY FOR PRAYER/MEDITATION
The Speaker requested Council to observe a moment’s silence for all those who had
passed on.
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5. OFFICIAL ANNOUNCEMENTS
The Speaker dealt with items 5 and 6 of the Order of Procedure, relative to official
announcements and his report, concurrently. In initiating his announcements he
advised that on 11 February 2018, the Nation marked the 28th Anniversary of the
release of the late President Nelson Mandela from Victor Vester Prison. This year the
Country would be commemorating a 100 years since his birth under the theme
“Be the Legacy” and these celebrations would be extended across the continent to
acknowledge the former President’s status as one of the world’s most respected
statesmen. The Speaker also paid tribute and on behalf of the Municipality expressed
gratitude to former President JG Zuma for his role in leading the Country. He also
welcomed the new President of South Africa, Mr Cyril Ramaphosa.
He thereafter expressed condolences to the family of the Speaker of the City of
uMhlathuze, Cllr Mfundo Wisdom Mthenjana who passed away on 19 February
2018 in Richards Bay after illness. He served as a South African Communist Party
Branch Deputy Secretary from 2009 to 2012 and at the time of his passing he was the
Chairperson of the ANC uMhlathuze Sub-Region.
Congratulations were extended to Messrs Hank McGregor and Andy Birkett who
won the men’s race at the 2018 Dusi Canoe Marathon and Jordan and Cana Peek
taking the women’s race. The race had been held over a period of three (3) days from
15 to 17 February 2018 between Pietermaritzburg and Durban.
The Speaker advised that during the month of February, municipal officials had held
engagements on the 2016/2017 Annual Report to source comments from Formal
Business, Civil Society, Amakhosi, Informal Business and Religious Leaders.
These engagements had been held successfully and the municipality would be
holding community engagements during the upcoming weeks in the four (4)
eThekwini Regions.
Councillors were notified that the March Council meeting would now be convened
on 28 March 2018. This is to allow all Committees to conclude their business before
the recess scheduled to begin on 29 March 2018.
The Speaker conveyed his best wishes to all Councillors celebrating their birthdays
in January.
Councillors were requested to switch their microphones off after speaking to avoid
interference with the sound system and talk slowly and clearly during the
proceedings for the interpreters.
The attention of Councillors was drawn to Rule of Order 16(1) (a)-(e) and
(4),(5),(6),(7) and (9). As per these rules, Councillors were requested to conduct
themselves in a respectful manner, to refrain from interrupting the proceedings and
encouraged to conduct business with the highest decorum and integrity that the
occasion and the residents of the Municipality deserved.
The Speaker advised that provision had been made in the Council’s 2018 Calendar of
meetings for Ward Councillors and Ward Committees to engage Community
Members on ward based service delivery/development matters. It was noted that
these meetings have been scheduled as part of the official Council calendar of
meetings as a mechanism to ensure that community members were kept abreast on
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community development and resolutions taken by Council towards improving their
lives. This was in line with the Back to Basics reporting, and enhancing public
participation.
In that regard the Speaker mentioned that over the weekend of 3rd and 4th of February
and 10th and 11th February 2018 a total of 65 Ward meetings had been held.
However only 41 Ward reports had been received from the said engagements.
Once again he urged Councillors that had not submitted such reports to do as a
matter of urgency, since evidence from the said meetings was required when
reporting to COGTA in line with Back to Basics pillars, particularly the
Good Governance Pillar.
In addition to the Ward Community meetings held, some Councillors had sectorial
meetings with different sectors within the wards. A total of 19 such sectorial
engagements had been held. Ongoing consultations had been held with Councillors,
and a total of 44 993 one-on-one public consultations had been reported as
undertaken by Councillors. These consultations included various issues, viz
assistance with SASSA applications, proof of residence letters, grants
applications, etc.
The Speaker emphasised that the next Ward Committee Community meetings would
be held on 4th March 2018. He requested Ward Councillors to prepare for these
engagements and where necessary request officials from Departments to be in
attendance to elaborate where necessary.
In respect of his report on Ward Committees he advised that such Committees were
operational in almost 110 Wards, and were meeting frequently as required. As at the
beginning of February 2018, quarterly meetings had been scheduled and held with
some of the following administration/operational related issues being addressed:
- Issuing of name tags
- Issuing of stationery, mainly exercise books
- Clarity on the submission of required documents, such as attendance
registers; minutes; etc
- Introduction of Ward Operational Plans process
- Stipend and suspension thereof
In the month of February 2018, 61 Ward Committee meetings had been held and the
remaining 49 would hopefully be held on the weekend of 24th and
25th February 2018.
The Speaker re-iterated that Ward Committees that do not hold meetings as
scheduled, and/or hold meetings but do not submit the necessary documents shall be
regarded as non-functional and would have their monthly stipend suspended.
There were currently 26 Wards that were due to have their stipends suspended.
Following a resolution adopted by Council on 31 January 2018 with regard to Upper
Limits in respect of Salaries and Allowances he advised that an application had been
made with MEC for COGTA on 06 February 2018 and the application had been
approved. Such increase would be implemented with retrospective effect from 1 July
2018 and would be processed in March 2018 pay.
In closing, the Speaker reminded Councillors of the importance of upholding the
Code of Conduct especially around the issues of municipal services arrears;
attendance of meetings; disclosure of interests and report back to constituencies.
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6. APPLICATIONS FOR LEAVE OF ABSENCE
RESOLVED:
The following Councillors and Amakhosi be granted leave of absence as indicated:-
COUNCILLORS
Councillor ZRT Gumede (Mayor) : Request to leave at 14:00
Councillor MS Gwala : 2018-02-22 (Personal Commitments)
Councillor NC Gumede : Request to leave at 12:00
Councillor JS Khuboni : 2018-02-20 to 28 (Indisposed)
Councillor TG Makhanya : 2018-02-21 to 23 (Personal Commitments)
Councillor SR Moodley : Request to leave at 14:00
Councillor NE Mnguni : 2018-02-22 (Municipal Business)
Councillor J Naidoo : 2018-02-22 (Indisposed)
Councillor AS Ngcobo : 2018-02-22 to 26 (Personal Commitments)
Councillor NN Nyanisa : 2018-02-21 to 23 (Municipal Business)
Councillor TT Nzuza : 2018-02-22 to 23 (Indisposed)
Councillor HP Shozi : Request to leave at 16:00
Councillor AN Shabalala : 2018-02-22 (Personal Commitments)
Councillor NI Sithole : 2018-02-22 (Municipal Business)
Councillor JB Thabethe : Request to leave at 14:00
Councillor WM Thring : Request to leave at 11:00
Councillor S Windvogel : 2018-02-22 (Indisposed)
Councillor TM Zuma : 2018-02-22 (Indisposed)
AMAKHOSI
Inkosi BF Bhengu : 2018-02-22 (Personal Commitments)
Inkosi N Hlengwa : 2018-02-22 (Personal Commitments)
Inkosi NC Maphumulo : 2018-02-22 (Personal Commitments)
Inkosi KT Mkhize : 2018-02-22 (Personal Commitments)
Inkosi LD Mkhize : 2018-02-22 (Personal Commitments)
Inkosi S Mlaba : 2018-02-22 (Personal Commitments)
Inkosi EB Shozi : 2018-02-22 (Personal Commitments)
(It is recorded that although Councillor AN Shabalala had submitted an
application for Leave of Absence, she was present at the meeting)
8. CONFIRMATION OF MINUTES: Meeting held on 2018-01-31 and In-Committee
Meeting held on 2018-01-31
RESOLVED:
That the minutes of the meeting of the eThekwini Municipal Council held on
2018-01-31 and In-Committee meeting held on 2018-01-31, as circulated and taken
as read, be and they are hereby confirmed.
__________
(Her Worship the Mayor, Councillor ZRT presented the First Report of the
Executive Committee).
__________
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FIRST REPORT OF THE EXECUTIVE COMMITTEE
(Meeting held 2018-02-13)
PRESENT : Executive Committee Members ZRT Gumede (Mayor and Chairperson),
F Peer (Deputy Mayor), HU De Boer, S Hoosen, SA Kaunda, ZM Mncwango,
MM Mthembu, MS Nkosi and ZR Sokhabase.
ABSENT : Executive Committee Member BA Fortein (On leave)
_____________
1. REPORT OF HUMAN SETTLEMENTS AND INFRASTRUCTURE
COMMITTEE: MEETING HELD ON 2018-02-06
(Page R1)
1.1 Request for Authority to Transfer Funds: WS 2017/118 (23/2/1/3/2):
(Page 59: Human Settlements and Infrastructure Committee - Agenda 2018-02-06)
With the Human Settlements & Infrastructure Committee having been advised that
the Unit was requesting authority to transfer funds to an existing project with a view
to cater for budget shortfall as a result of savings identified,
COMMITTEE RECOMMENDS:
That for the reasons stated in the report of the City Manager dated 2017-07-24
authority be granted to the Deputy City Manager: Finance to include in his
Adjustments Budget Report, the transfer of funds from project Y8099 (Refund to
THD for Cornubia Eastern Trunk Sewer) whereby savings have been identified in
the 2017/2018 financial year to project Y6645 (Underwater survey of the effluent sea
outfalls and associated repairs).
Cost Centre/ Project No.:Y6645 R8 118 000 (To be met by savings via an
adjustment budget from, Y8099 – Refund to THD
for Cornubia Eastern trunk sewer, in 2017/2018)
Funds transferred from the developers refund as
they were paid form the last financial year.
Thus, no councillor liaison required.
Project Nos: As listed FC No. 365/C44
ADOPTED.
1.2 Addition of Mini Hydropower to the Existing Western Aqueduct Hydropower
Project WS 2017/207 (27/1/2/1/1):
(Page 63: Human Settlements and Infrastructure Committee - Agenda 2018-02-06)
COMMITTEE RECOMMENDS:
That for the reasons stated in the report by the Head: eThekwini Water and
Sanitation dated 2017-11-21, the inclusion of the Mini Hydropower project in the
scope of work under the Western Aqueduct Hydropower project be approved,
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it being recorded that the Western Aqueduct Hydropower project is conducted at no
cost to Council as it remains under the South African Low Emissions Development
Programme signed on 2017-06-22.
No FC Required
ADOPTED.
1.3 Approval of Block Sum Reallocation and Block Sum Transfer to Construct Water
Projects: WS 2017/151 (7/1/2/2):
(Page 80: Human Settlements and Infrastructure Committee - Agenda 2018-02-06)
COMMITTEE RECOMMENDS:
1.3.1 That the Block Sum projects listed in the report by the Head: Water and Sanitation
dated 2017-09-07, be approved.
1.3.2 That subject to the adoption of .1 above, the Deputy City Manager: Finance be
authorised to include in his Adjustments Budget Report the transfer of funds from the
Capital Block Sums Projects to individual projects as reflected in the Report
No. WS 2017/151 dated 2017-09-07.
1.3.3 That subject to the adoption of .1 above, the Head: Real Estate be authorised to
negotiate for the acquisition of, or to expropriate if necessary, the servitudes and/or
land required for construction of the water infrastructure for the projects
listed below:
Reservoir
Refurbishments
R7 500 000.00 To be met by vote Transfer 2017/2018
(Project X5188)
Labour Based
Construction
R8 805 000.00 To be met by vote Transfer 2017/2018
(Project X4257)
Pumpstation Upgrades
R4 680 000.00
To be met by vote Transfer 2017/2018
(Project X4215)
Unicity Water
Dispensers
R90 000.00 To be met by vote Transfer 2017/2018
(Project X4247)
Standpipes and Water
R900 000.00
To be met by vote Transfer 2017/2018
(Project X7763)
Relays and Extensions
R32 000 000.00
To be met by vote Transfer 2017/2018
(Project X4217)
Rural Water
R21 425 000.00
To be met by vote Transfer 2017/2018
(Project X5259)
Install/Upgrade
reservoir and district
meters
R10 650 000.00
To be met by vote Transfer 2017/2018
(Project X5189)
Domestic Meters
Installation
R20 907 500.00 To be met by vote Transfer 2017/2018
(Project X4628)
Waterloss
R38 572 500.00
To be met by vote Transfer 2017/2018
(Project X3289)
Bulk Sales Meters
(ICI)
NIL
To be met by vote Transfer 2017/2018
(Project X4254)
Total R145 530 000.00
Cost Centre: 69100 and 69200 FC No. 364/C70
ADOPTED.
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1.4 Request for Authority to Transfer Funds for Project Y4199: Sewer Extension on Illex
Road, Nagina, Pinetown Ward 13 WS 2017/127 (23/2/1/3/3/1):
(Page 90: Human Settlements and Infrastructure Committee - Agenda 2018-02-06)
COMMITTEE RECOMMENDS:
1.4.1 That authority be granted to the Head: Water & Sanitation for the implementation of
Project Y4199, sewer extension: Illex Road, Nagina, Pinetown, for the 2017/2018
financial year for the sum of R716 900.00 (Seven Hundred and Sixteen Thousand
Nine Hundred Rand) excl. VAT.
1.4.2 That for the reasons stated in this report WS 2017/127, authority be granted to the
Deputy City Manager: Finance to include in his Adjustments Budgets Report, the
transfer of R716 900.00 (Seven Hundred and Sixteen Thousand Nine Hundred Rand)
from Block Sum project Y6237 to Project Y4199, Sewer Extension: Illex Road,
Nagina, Pinetown for the 2017/2018 financial year.
Cost Centre 65540 R716 900.00 (to be met by savings via an adjustment budget,
from project Y6237)
Project No. Y4199 FC No. 365/C46
ADOPTED.
1.5 Motivation for Relaying of 400mm Ø Pumping Main from Umlazi 4 Reservoir to
Umlazi 5: Ward 84, 85, 86 (23/1/1/3/1):
(Page 93: Human Settlements and Infrastructure Committee - Agenda 2018-02-06)
COMMITTEE RECOMMENDS:
1.5.1 That subject to the approval of the Capital Budget, authority be granted to the Head:
Water & Sanitation for the construction of a 400mm diameter steel inlet main to
Umlazi 5 Reservoir at an estimated cost of R10 500 000.00 (Ten Million Five
Hundred Thousand Rand) (excl. VAT).
1.5.2 That authority be granted to the Head: Real Estate to acquire by private treaty, or
expropriation if necessary of the land and servitudes for the construction of the inlet
water main and associated work.
1.5.3 That subject to the approval of .1 above, authority be granted to the Deputy City
Manager: Finance to include in his adjustments budget the transfer of R1 000 000.00
(One Million Rands) from X 4877 to X 7997 in 2017/2018.
Cost Centre 29100 R1 000 000.00 (2017/18 To be provided from X4877
R9 500 000.00 2018/19 To be provided from X7244)
R10 500 000.00
Project No: X7997 FC 364/C45
ADOPTED.
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1.6 2018 Student Water and Sanitation Conference (13/2/1/1/1):
(Page 98: Human Settlements and Infrastructure Committee - Agenda 2018-02-06)
COMMITTEE RECOMMENDS:
That authority be granted to the Head: Water and Sanitation to organise and host the
Student Water and Sanitation Conference on 2018-03-01 at Inkosi Albert Luthuli
Convention Centre at an estimated cost of R1 607 533.00 (One Million Six Hundred
and Seven Thousand Five Hundred and Thirty Three Rand).
Vote No.60510.16315.11500.0000.83650.0010 (Provided for in 2017/2018
operating budget)
FC. No. : 364/63
ADOPTED.
1.7 Capital Budget Adjustment: 2017-2018 (7/1/3/2):
(Page 146: Human Settlements and Infrastructure Committee - Agenda 2018-02-06)
With the Democratic Alliance abstaining at the Human Settlements & Infrastructure
Committee,
COMMITTEE RECOMMENDS:
1.7.1 That subject to the approval of the necessary adjustment budget, for the reasons
stated in the report of the Head: Cleansing and Solid Waste dated 2017-10-23,
authority be granted to the Head to transfer R37 350 000.00 (Thirty Seven Million
Three Hundred and Fifty Thousand Rand) to various internal projects.
1.7.2 Subject to the approval of .1 above, authority be granted to the Deputy City
Manager: Finance to include in his Adjustment Budget the transfer of funds
amounting to R37 350 000.00 (Thirty Seven Million Three Hundred and Fifty
Thousand Rand) to allow for a contingency option to overtly mitigate a looming
waste crises.
FC No. 66/C21
As some Councillors were not in support of the above-mentioned
recommendations of the Executive Committee, contending that poor planning
had led to the budget not being utilized within the financial year, and with
majority of the Councillors being in support of the recommendations after an
explanation was provided that due to unexpected delays it had not been possible
to complete projects within the financial year and therefore the funds needed to
be utilized for other projects, the matter was put to the vote.
With 195 Councillors present, 127 Councillors (ANC – 109, IFP – 8, IND – 4,
MF – 1, DLC – 1, TA – 1, MOSA – 1, APC - 1 and AL-JAMAH - 1) voted in
favour and 58 DA Councillors voted against. 10 Councillors (EFF – 8 and
AIC - 2) abstained from voting.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
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(At this stage of the proceedings the Speaker proposed that the Third Report of
the Executive Committee pertaining to the Adjustment Budget be considered.
As the Council was in agreement with the Speaker’s proposal, Her Worship the
Mayor, Councillor ZRT Gumede, presented the Third Report of the Executive
Committee. The Council thereafter considered the aforesaid Third Report and
the decision on the item is reflected sequentially in these Minutes. Following
consideration of the Third Report of the Executive Committee the Council
reverted to consideration of the remaining items on the First Report of the
Executive Committee).
1.8 Electrification Roll Out Proposal for Houses Already Inhabited within eThekwini
Municipality – Project 30K:
(Page L17: Human Settlements and Infrastructure Committee - Agenda 2018-02-06)
At the Human Settlements & Infrastructure Committee, the Head: Electricity was
commended for taking a pro-active stance in electrifying dwellings already occupied
as this would assist Council in avoiding further costs as a result of illegal
connections.
COMMITTEE RECOMMENDS:
1.8.1 That the Head: Electricity be authorised to proceed with the electrification of the
twelve thousand (12 000) RDP houses that are already inhabited but without an
electricity connection, it being recorded that this will be limited to RDP houses built
and occupied prior to 2016 only.
1.8.2 That in respect of houses that were built post 2016, the Head: Electricity be tasked to
ensure that the relevant application processes are followed and that the relevant
connection fees are paid by the Human Settlements Unit.
1.8.3 That the Head: Electricity be authorised to proceed with the electrification of the
estimated two thousand (2 000) disaster relief, four-roomed houses and R293 houses.
1.8.4 That for the instances as described in .1 and .3 above, R300.00 (Three Hundred
Rand) connection fee be waivered against the Human Settlement Unit and the cost be
borne by the Electricity Unit. This would result in a zero cost being paid by the
customer.
ADOPTED.
2. REPORT OF GOVERNANCE AND HUMAN RESOURCES COMMITTEE:
MEETING HELD ON 2018-02-07
(Page R5)
2.1 Community Consultation Programme for Draft Annual Report 2016/17 (11/1/1):
(Page 58: Governance and Human Resources Committee - Agenda 2018-02-07)
COMMITTEE RECOMMENDS:
2.1.1 That authority be granted to the Head : Communications to extend consultation with
communities on the Draft Annual Report for the 2016/2017 financial year and host
four (4) regional meetings to be held at Princess Magogo Stadium (North), King
Zwelithini Stadium (South), Mpumalanga Stadium (West) and City Hall (Central) at
a date to be scheduled by the Communications Unit.
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2.1.2 That subject to the approval of .1 above, authority be granted to the Head:
Communications to incur expenditure in the amount R1 610 000.00 (One Million Six
Hundred and Ten Thousand Rand) for the implementation of a community
consultation programme for the Draft Annual Report for the 2016/2017
financial year.
2.1.3 That subject to approval of .1 above, authority be granted to the Deputy City
Manager: Finance to allocate funds in his adjustment budget.
Financial Implications:
COMMUNITY ENGAGEMENTS
North Region
KwaMashu, Princess Magogo Stadium
(Logistics, catering, transport, sound and stage)
R300 000.00
South Region
King Zwelithini stadium
(Logistics, catering, transport, sound and stage)
R300 000 .00
West Region
Mpumalanga Stadium
(Logistics, catering, transport, sound and stage)
R300 000.00
Central Region
City hall
(Catering, Transport, sound and stage)
R120 000.00
MASS MEDIA CAMPAIGN
East Coast Radio R60 000.00
Ukhozi FM R80 000.00
Gagasi FM R60 000.00
Community Radio
• Izwi Lomzansi,
• Vibe FM,
• Inanda FM,
• Hindvani,
• Highway Radio,
• ITheku Radio
R100 000.00
Caxton Community Paper R40 000.00
Tabloid Newspaper R40 000.00
Community Media
• KZN Newspaper,
• Inkazimulo,
• Intuthuko,
• EzaKwaZulu,
• Taxi Inanda
R50 000.00
Independent Newspapers (Isolezwe, Sunday Tribune) R100 000.00
Ilanga R30 000.00
Branding R30 000.00
TOTAL R1 610 000.00
As some Councillors were not in support of the above-mentioned
recommendations of the Executive Committee on the basis that the costs to
undertake such community consultation was exorbitant and with majority of
the Councillors being in support of the recommendations given the statutory
requirement to enhance public participation, the matter was put to the vote.
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With 190 Councillors present, 124 Councillors (ANC – 106, IFP – 7, IND – 4,
AIC – 2, DLC – 1, TA – 1, MOSA – 1, APC - 1 and AL-JAMAH - 1) voted in
favour and 59 DA Councillors voted against. 7 EFF Councillors abstained
from voting.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
2.2 Establishment of Customer Service Page on Social Media (2/3/3):
(Page 62: Governance and Human Resources Committee - Agenda 2018-02-07)
At the Governance & Human Resources Committee, with 35 Councillors present,
25 Councillors (ANC - 20, TA - 1, IFP -2 and AIC - 2) voted in support of the
recommendations and 2 - EFF Councillors abstained and 8 - DA Councillors
abstained.
Thereafter,
COMMITTEE RECOMMENDS:
That authority be granted to the Head: Communications to implement the creation of
eThekwini Services U24/7 on Facebook and Twitter at no cost to Council and the
partnership with service units to ensure the effective facilitation of customer
enquiries on social media.
ADOPTED.
2.3 Welcome Boards at King Shaka International Airport (12/5/1/1):
(Page 80: Governance and Human Resources Committee - Agenda 2018-02-07)
At the Governance & Human Resources Committee the Democratic Alliance
abstained from voting on this item.
At the Executive Committee meeting the Democratic Alliance requested caution in
erecting such billboards without the availability of the necessary budget, further
expressing the view that budgets should be based on “needs” and not “wants.
However, it was clarified that like other cities, the intention of the billboard would be
for the first citizen of the City, namely; Her Worship the Mayor to welcome visitors
to Durban.
Thereafter,
COMMITTEE RECOMMENDS:
2.3.1 That authority be granted to the Head: Communications to install billboards at King
Shaka International Airport to welcome visitors and provide an opportunity for the
Municipality to reach visitors with focused and relevant information.
2.3.2 That subject to the approval of .1 above, authority be granted to the City Manager
and the Deputy City Manager: Finance to source funds via an Adjustments Budget to
cover the cost of the project and make provisions on an annual basis for continuity to
ensure the updated status of the welcome board as a permanent feature at the King
Shaka International Airport.
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As some Councillors were not in support of the above-mentioned
recommendations of the Executive Committee and with majority of the
Councillors being in support of the recommendations on the basis that the First
Citizen of the City should welcome tourists and also the need to have an identity
when dealing with the issue of branding, the matter was put to the vote.
With 191 Councillors present, 126 Councillors (ANC – 108, IFP – 7, IND – 4,
AIC – 2, MF – 1, DLC – 1, TA – 1, APC - 1 and AL-JAMAH - 1) voted in favour
and 65 Councillors (DA – 59 and EFF – 6) voted against. There were no
abstentions recorded.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
2.4 Audit Outcome Media and Stakeholder Engagement (2/10/2/1):
(Page 92: Governance and Human Resources Committee - Agenda 2018-02-07)
The Governance & Human Resources Committee noted the importance of the media
and business stakeholders in the promotion of transparency and good governance.
It was highlighted that the proposed engagements would provide them with an
opportunity to view the positive financial highlights achieved by the City.
COMMITTEE RECOMMENDS:
That authority be granted to the Head: Communications to incur expenditure in the
amount of R81 000.00 (Eighty One Thousand Rand) for the implementation of the
stakeholder engagement session to discuss the City Financial Statement for the
2016/2017 financial year.
Cost Implications:
ITEM ACTIVITY AMOUNT
Business breakfast (200 guests) ● Venue hire including breakfast and
sound system
R81 000.00
Total R81 000.00
ADOPTED.
2.5 Disposal of Laptops Issued to Councillors for 2011-2016 Council Term
(8/1/6/1 & 3/5/3):
(Page 171: Governance and Human Resources Committee - Agenda 2018-02-07)
At the Executive Committee, responding to a question by the Democratic Alliance
clarity was provided that the below mentioned recommendation had been taken upon
consultation with Party Whips via the Speaker’s office. The recommendation was
thereafter amended to indicate that the laptops would be disposed of at a book value
as at the end of the Councillors term of office in 2016.
COMMITTEE RECOMMENDS:
2.5.1 That authority be granted to the Deputy City Manager: Finance to raise charges on
monthly municipal service accounts for all erstwhile and current Council members
that failed to return laptops that had been issued to them.
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2.5.2 That subject to the approval of .1 above, the charges raised be in line with the latest
recorded book values (between R363.71 (Three Hundred and Sixty Three Rand and
Seventy One Cents) and R10 927.00 (Ten Thousand Nine Hundred and Twenty
Seven Rand) of the laptops that were issued to the respective Council members.
2.5.3 That the laptops be disposed at the book value as at the 2016 end of term of office,
it being recorded that this would be applicable to non-returning Councillors.
MOTION TO AMEND
In terms of Rule of Order Bylaw 20(4) Councillor ZM Mncwango, seconded by
Councillor S Hoosen, moved as a procedural motion that the above
recommendations of the Executive Committee be amended by the deletion of
recommendation 2.5.1 in its entirety.
However, prior to the above-mentioned Motion by Councillor ZM Mncwango
being debated and put to the vote, Councillor MM Mthembu, seconded by
Councillor BA Fortein moved, in terms of Rule of Order Bylaw 20(4), that the
above-recommendations be amended by the deletion of recommendations 2.5.1
and 2.5.2 in their entirety, with recommendation 2.5.3 being amended by the
insertion of the words “and current” between the words “non-returning” and
“Councillors” to read as follows:
“That the laptops be disposed at the book value as at the 2016 end of
term of office, it being recorded that this would be applicable to
non-returning and current Councillors.”
Thereafter, it was unanimously
RESOLVED:
That the laptops be disposed at the book value as at the 2016 end of term of
office, it being recorded that this would be applicable to non-returning and
current Councillors.
2.6 Creation of Catalytic Projects Office within Economic Development and Planning
Cluster (4/1/1/2/1):
(Page 251: Governance and Human Resources Committee - Agenda 2018-02-07)
COMMITTEE RECOMMENDS:
2.6.1 That on approval of the Recommended Structure depicted in Annexure “C”, the
Interim Approved Structure of Strategic Projects Units as reflected in Annexure “B”
of the report of the City Manager dated 2018-01-30, be deleted in its entirety.
2.6.2 That the Catalytic Project Office Structure as reflected in Annexure “C of the report
of the City Manager dated 2018-01-30, be approved.
2.6.3 That the funded post of Head: Strategic Projects (Post ID: 15000000) and
Programme Manager (Post ID: 15000026) be transferred to the newly created Office.
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2.6.4 That all newly created and changed posts be subjected to the grading process by
Compensation Management Branch to confirm the envisaged grades in the financial
implications’ table.
REFERENCE BACK
In terms of Rule of Order Bylaw 20(1)(c), Councillor WJD Burne, seconded by
Councillor NL Graham, moved as a procedural motion that the above
recommendations of the Executive Committee be referred back to the Economic
Development and Planning Committee and Governance and Human Resources
Committee for further consideration of the following:
- The adequacy or inadequacy of the proposed staff compliment, and the
structure thereof, and
- The reasonableness of the staffing of the Unit, having regard to the
staffing of other Units and Departments.
NOT CARRIED
As some Councillors were not in support of the reference back, the matter was
put to the vote. With 184 Councillors present, 57 DA Councillors voted in
favour and 127 Councillors (ANC – 103, IFP – 6, EFF – 7, IND – 4, AIC – 2,
DLC – 1, TA - 1, MOSA – 1, APC - 1 and AL JAMA-AH - 1) voted against.
There were no abstentions recorded.
The above-mentioned motion to refer back was, by the majority vote,
NOT CARRIED.
Discussion thereafter reverted to the substantive motion. Some Councillors were
not in support of the above-recommendations contending that the proposed
organogram was “vast’ with most of the posts being at managerial level.
However, majority of the Councillors welcomed the proposed organogram
indicating that this would assist immensely in hastening the completion of the
catalytic projects, thereby attracting investors.
The matter was thereafter put to the vote. With 182 Councillors present,
117 Councillors (ANC – 99, IFP – 7, IND – 4, AIC – 2, DLC – 1, TA - 1,
MOSA – 1, APC - 1 and AL JAMA-AH - 1) voted in favour and
58 DA Councillors voted against. 7 EFF Councillors abstained from voting.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
2.7 Organisation and Establishment of Organizational Development and Change
Management (4/1/1/2/5):
(Page 272: Governance and Human Resources Committee - Agenda 2018-02-07)
COMMITTEE RECOMMENDS:
2.7.1 That the recommended organisation and establishment as reflected on Annexure “B”
of the report by the Head: Organizational Development and Change Management
dated 2018-01-25, be approved.
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2.7.2 That authority be granted to the Head: Organizational Development and Change
Management to implement the organisation and establishment of Organizational
Development and Change Management to be carried out in phases over the period of
three (3) years and that the filling of posts on the recommended structure be
implemented in phases.
2.7.3 That it be noted that the cost implication for the organisation and establishment of
Organisational Development and Change Management have been provisionally
calculated, using the median of the salary scales of the envisaged TASK Grade of the
posts subject to the grading process by the Compensation Management Branch and
that all new and amended posts will be subjected to the grading process in order to be
given a correct T.A.S.K. Grade.
2.7.4 That it be noted that the implementation of the recommendations of the organisation
and establishment of eThekwini Municipal Academy will require an additional
expenditure of R5 657 771.00 (Five Million Six Hundred and Fifty Seven Thousand
Seven Hundred and Seventy One Rand).
ADOPTED.
3. REPORT OF COMMUNITY SERVICES COMMITTEE: MEETING HELD ON
2018-02-08
(Page R9)
3.1 Section 71 Finance Report: December 2017:
(Page 12: Community Services Committee - Agenda 2018-02-08)
COMMITTEE RECOMMENDS:
That the Section 71 Finance Report: December 2017 submitted in compliance with
Section 71 of the Municipal Finance Management Act and in terms of the of the
Government Notice 32141 dated 17 April 2009, relating to the “Local Government:
Municipal Finance Management Act 2003, the Municipal Budget and Reporting
Regulations”, with regard to the Community Services as at 31 December 2017,
be noted.
NOTED.
3.2 Final Capital Adjustment Budget 2017/2018:
(Page 50: Community Services Committee - Agenda 2018-02-08)
COMMITTEE RECOMMENDS:
That the report regarding the Final Capital Adjustment Budget 2017/2018 in respect
of the Community Services Projects, be noted.
NOTED.
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3.3 Request to Write Off/Donate an Immobile Council Asset Situated at Settlers School
98 Lakhimpur Road, Merebank (8/1/2)
(Page 69: Community Services Committee - Agenda 2018-02-08)
In view of the fact that the disused Shelter situated at Settlers School is no longer
serving its intended purpose,
COMMITTEE RECOMMENDS:
3.3.1 That in terms of Section 90 (2) (a) (b), (3) & (4) of the Municipal Finance
Management Act, the Acting Head : Health be granted authority to implement the
disposal of the Council asset which was previously utilised as an immobile Ambient
Monitoring Station is currently disused, it being noted that the disposal shall be in the
means of a donation to Settlers School where it is currently situated.
3.3.2 That it be noted that there would be no budget implication for the Municipality as a
result of the proposed disposal and that the asset would therefore be written-off from
the Council Asset Register as indicated in the City Manager’s report dated
2017-10-27.
ADOPTED.
3.4 Request for Authority to Conclude Lease Agreement with Phoenix Settlement Trust
(17/2/1/1/3):
(Page 96: Community Services Committee - Agenda 2018-02-08)
With the Democratic Alliance abstaining at the Community Services Committee,
COMMITTEE RECOMMENDS:
3.4.1 That the Head: Parks, Recreation and Culture be granted authority to conclude a
Lease Agreement with Phoenix Settlement Trust with respect to the Ghandi Complex
used as heritage interpretation centre for tourism infrastructure purposes.
3.4.2 That the following portion of the erstwhile Committee resolution dated 2012-10-10
which makes reference to the Phoenix Settlement Trust as reflected on below
be rescinded:
That the Head : Real Estate be authorised to conclude and sign lease agreements with the owners of the properties as indicated on the
schedule below:
Owner Description of
property
Premises Extent
require
Plan No. Proposed use Commencing
Rental
United
Congregational of
Southern Africa –
KwaZulu-Natal
Rem of Erf 699
Inanda Glebe
Inanda Seminary 191 sqm SJ46/08/8 Interpretation
Centre
R1000
p/annum
Nazareth
Ecclesiastical
Endowment Trust
Portion 121 (of
35) of the
Farm Piezang
River No. 805
Shembe
Ekuphakameni
3939 sqm Lease 1: Tourist bus
parking area, Lease
2: Interpretation
Centre
R1000
p/annum
The trustees of the
Phoenix Settlement
Trust
Rem of Portion
498 of the
Farm Piezang
River No. 805;
Portion 11 (of
1) of the Farm
Piezang River
No. 805
Phoenix Settlement 531 sqm SH9753 Lease 1: Tourists
Office; Lease 2:
Kitchen, Lease 3:
Visitor Ablutions;
Lease 4:Tea
Garden; Lease 5:
Ablution Lease 6:
Ghandi’s House;
Lease 7:
Interpretation
Centre
R1000
p/annum
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Department of
Human Settlement
Rem of Portion
398 of the
Farm Piezang
River No. 805
Ohlange Institute 7094 sqm SH9752 Lease 1: Dube
Museum; Lease 2
Mandela
Interpretation
Centre; Lease 3:
Visitor Ablutions
R1000
p/annum
That the lease shall be for a period three (3) years commencing on the commencement date at nominal rental as indicated in the
schedule in .1 above, and escalating at 9% per annum for the ensuing two (2) years, with rights of renewal.
3.4.3 That subject to .2 above the Head : Real Estate be authorized to conclude and sign
lease agreement with the owners of the properties as indicated on the schedule below
as per the value provided below:-
The trustees of the Phoenix
Settlement Trust
Rem of
Portion
495 of the
Farm
Piezang
River No
805:
Portion 11
(of 1) of
the Farm
Piezang
River No
805
Phoenix
Settlement
531 sqm SH9753 Lease 1 : tourist
office; Lease 2:
Kitchen; Lease
3 : Visitor
ablutions;
Leave 4 : Tea
Garden, Lease
5: Ablution,
Lease 6 :
Ghandi’s
House; Lease 7
: Interpretation
Centre.
R15 250
p/m
3.4.4 That subject to .2 and .3 above, the approval of the lease agreement be granted for a
period of three (3) years from the commencement date of the rental and escalating at
9% per annum for the ensuing two (2) years, with rights of renewal based on the
overall financial schedule listed below.
Financial Implications:
Budget Items Monthly Cost Total Cost
Rental R15 250.00 R183 000.00
Municipal Levies Municipality 0
General Maintenance R5 000.00 R60 000.00
Security Municipality 0
Administrative costs R1 000.00 R12 000.00
Cleaning and cleaning material R10 112.40 R121 350.00
TOTAL R31 362.40 R376 350.00
1st Year: R376, 350.00; 2nd Year: R410 220.19 and 3rd Year : R447 140.01
Vote: 15530.15200.12120.0000.MRC01.W028, FC: 34/ 306
ADOPTED.
3.5 Memorandum of Agreement with Partners and Sport Federations (33/2):
(Page 106: Community Services Committee - Agenda 2018-02-08)
COMMITTEE RECOMMENDS:
3.5.1 That the request for the Parks, Recreation and Culture Unit/Sports Development and
Recreation Development, to enter into a Memorandum of Agreement (MOA) with
Sports Federations, Associations and Partners, be approved to promote sports
development within the eThekwini Municipal Area.
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3.5.2 That subject to the adoption of .1 above, the relevant Memorandum of Agreements
with the federations be approved by the Head: Parks, Recreation and Culture prior to
implementation.
3.5.3 That subject to the adoption of .2 above, the sum of no more than R5 200 000.00
(Five Million Two Hundred Thousand Rand) in the 2017/2018 financial year, be set
aside specifically to pay for the services which would be provided by the
Federations, Associations and Partners.
3.5.4 That a workshop of the Community Services Committee be convened to unpack the
Sports Development Five Year Plan and further engage on sports development
matters prior to the approval of the 2018/2019 and the 2019/2020 budget.
Financial Implications:
Name of Federation 17/18 18/19 19/20
1 Athletics 278 250 292 162 306 770
2 Aquatics (incl. swimming) 800 000 840 000 882 000
3 Badminton 55 650 58 432 61 354
4 Basketball 333 9000 350 595 368 125
5 Baseball 89 040 93 492 98 166
6 Boxing 219 450 175 297 184 062
7 Cricket 219 450 230 422 241 943
8 Dance 111 300 116 865 122 708
9 Football 1,001.700 1,051.785 1.104 374
10 Golf 166 950 176 297 184 062
11 Handball 77 910 81 805 85 895
12 Hockey 166 950 175 297 184 062
13 Indigenous Games 163 800 171 990 180 589
14 Karate 111 300 116 865 122 708
15 Netball 333 900 350 595 368 125
16 Rugby 219 450 230 422 241 943
17 Softball 111 300 111 300 122 708
18 Tennis 163 800 171 990 180 589
19 Table Tennis 111 300 116 865 122 708
20 Volleyball 166 950 175 297 184 062
21 Chess 55 650 58 432 61 354
22 Gymnastics 105 000 110 250 115 762
TOTAL 5 200 000.00 6 261 025.00 5 524 076.00
R5 200 000 Provided in 2017/2018
R5 261 030 and R5 524 080 Provided for on draft budget 2018/2019 and
2019/2020 respectively
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MOTION TO AMEND
In terms of Rule of Order Bylaw 20(4) Councillor ZR Sokhabase, seconded by
Councillor BA Fortein, moved as a procedural motion that the above
recommendations of the Executive Committee be amended in 3.5.1 and 3.5.2 as
follows:
- In 3.5.1, by the insertion of the words and year “for 2017/18 financial
year only” between the words “and Partners” and “be approved”.
- In 3.5.2, by the insertion of the words and year “for 2017/18 financial
year only” between the words “the federations” and “be approved”
- By the deletion of the columns relating to 18/19 and 19/20
financial years.
to read as follows:
“3.5.1 That the request for the Parks, Recreation and Culture Unit/Sports
Development and Recreation Development, to enter into a
Memorandum of Agreement (MOA) with Sports Federations,
Associations and Partners for 2017/18 financial year only, be approved
to promote sports development within the eThekwini Municipal Area.
3.5.2 That subject to the adoption of .1 above, the relevant Memorandum of
Agreements with the federations for 2017/18 financial year only, be
approved by the Head: Parks, Recreation and Culture prior to
implementation”
Thereafter, with 7 EFF Councillors abstaining from voting, it was
RESOLVED:
3.5.1 That the request for the Parks, Recreation and Culture Unit/Sports
Development and Recreation Development, to enter into a Memorandum of
Agreement (MOA) with Sports Federations, Associations and Partners for
2017/18 financial year only, be approved to promote sports development within
the eThekwini Municipal Area.
3.5.2 That subject to the adoption of .1 above, the relevant Memorandum of
Agreements with the federations for 2017/18 financial year only, be approved by
the Head: Parks, Recreation and Culture prior to implementation.
3.5.3 That subject to the adoption of .2 above, the sum of no more than R5 200 000.00
(Five Million Two Hundred Thousand Rand) in the 2017/2018 financial year,
be set aside specifically to pay for the services which would be provided by the
Federations, Associations and Partners.
3.5.4 That a workshop of the Community Services Committee be convened to unpack
the Sports Development Five Year Plan and further engage on sports
development matters prior to the approval of the 2018/2019 and the 2019/2020
budget.
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Financial Implications:
Name of Federation 17/18
1 Athletics 278 250
2 Aquatics (incl. swimming) 800 000
3 Badminton 55 650
4 Basketball 333 9000
5 Baseball 89 040
6 Boxing 219 450
7 Cricket 219 450
8 Dance 111 300
9 Football 1,001.700
10 Golf 166 950
11 Handball 77 910
12 Hockey 166 950
13 Indigenous Games 163 800
14 Karate 111 300
15 Netball 333 900
16 Rugby 219 450
17 Softball 111 300
18 Tennis 163 800
19 Table Tennis 111 300
20 Volleyball 166 950
21 Chess 55 650
22 Gymnastics 105 000
TOTAL 5 200 000.00
R5 200 000 Provided in 2017/2018.
3.6 2016/2017 eThekwini Games Close-Out Report (13/7):
(Page 112: Community Services Committee - Agenda 2018-02-08)
COMMITTEE RECOMMENDS:
That the Close-Out Report regarding 2016/2017 eThekwini Games from the City
Manager, dated 2017-09-04, as well as the 2017/2018 operational plan be noted.
REFERENCE BACK
In terms of Rule of Order Bylaw 20(1)(c), Councillor SS Buthelezi, seconded by
Councillor MN Bhengu, moved as a procedural motion that the above
recommendations of the Executive Committee be referred back to the
Community Services Committee for further consideration of the following:
CARRIED
The above-mentioned motion to Refer Back was unanimously CARRIED.
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Thereafter, it was
RESOLVED:
That the recommendations in respect of the item entitled 2016/2017 eThekwini
Games Close Out Report be referred back to the Community Services
Committee for further consideration.
3.7 Report on Participation in the 2017 Witness Garden Show in Chelsea and Nantes
Production & Display (12/6/1):
(Page 119: Community Services Committee - Agenda 2018-02-08)
COMMITTEE RECOMMENDS:
That subject to the feasibility report being provided to the Community Services
Committee, the request of the Parks, Recreation and Culture Unit to participate in the
Witness Garden Shows Production and Display in Chelsea and Nantes in the
2019/2020 financial year, be approved.
ADOPTED.
3.8 Support for Sponsorship for Nature, Environment and Wildlife Film Makers
Congress (WEWF) (20/2/3 & 13/2/1/1/1):
(Page 122: Community Services Committee - Agenda 2018-02-08)
With the Democratic Alliance being against at the Community Services Committee,
COMMITTEE RECOMMENDS:
3.8.1 That the sponsorship and hosting of the Nature, Environment and Wildlife Congress
in Durban for a period of two (2) years (2018/2019 and 2019/2020) financial years,
be supported.
3.8.2 That the Head : Parks, Recreation and Culture be authorised to negotiate the
possibility as well as terms and condition for hosting Nature, Environment and
Wildlife Congress for the next two (2) financial years (2018/2019 and 2019/2020) in
order to ensure the sustained partnership and promotion of Council Assets to the
international community.
3.8.3 That upon the finalization of the negotiations the Head: Parks, Recreation and
Culture be mandated to sign the Memorandum of Agreement with the event’s
Organizers.
3.8.4 That upon the approval of .2 above, the expenditure of R500 000.00 (Five Hundred
Thousand Rand) towards sponsorship of the Congress, conference venue costs,
exhibition spaces and the associated staff costs to be funded by the Parks, Recreation
and Culture Unit on its adjustment budget, be supported.
As some Councillors were not in support of the above-mentioned
recommendations of the Executive Committee and with majority of the
Councillors being in support, the matter was put to the vote.
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With 178 Councillors present, 111 Councillors (ANC – 95, IFP – 7, IND – 3,
AIC –2, MF – 1, DLC – 1, TA – 1 and APC - 1) voted in favour and
58 DA Councillors voted against. 9 Councillors (EFF – 8 and AL JAMA-AH – 1)
abstained from voting.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
3.9 Request for Approval to Exchange Birds between Umngeni River Bird Park and
Martinus Stolk (31/1/1/1):
(Page 127: Community Services Committee - Agenda 2018-02-08)
At the Community Services Committee it was noted that no funding would be
required or incurred in terms of the exchange and that the costs were on an equal
market value basis,
COMMITTEE RECOMMENDS:
3.9.1 That the Head : Parks, Recreation and Culture be granted approval to arrange for the
exchange of Birds of equal value between Council’s uMngeni River Bird Park and
Martinus Stolk to the value of R133 200.00 (One Hundred and Thirty Three
Thousand Rand).
3.9.2 That subject to the approval of .1 above, the asset register or list of Birds in terms of
Zoological Information Management System (ZIMS) be updated to reflect the Birds
received from Martinus Stolk by uMngeni River Bird Park and vice versa.
3.9.3 That subject to the approval of .1 and .2 above, the Head: Parks, Recreation and
Culture be authorised to obtain the necessary transportation and keeping of live birds
in cages permits.
ADOPTED.
3.10 Bird Flu Preventative Measures for Mitchell Park Zoo and Umngeni Bird Park
(31/1/1/1):
(Page 132: Community Services Committee - Agenda 2018-02-08)
COMMITTEE RECOMMENDS:
That the preventative measures to be put in place within the Mitchell Park Zoo and
uMngeni River Bird Park to prevent possible Avian (Bird Flu) outbreak as depicted
in the City Manager’s report dated 2017-10-03, be noted.
NOTED.
3.11 Authority for National Department of Arts and Culture to Erect Archie Gumede
Statue in Durban (21/11/R):
(Page 139: Community Services Committee - Agenda 2018-02-08)
COMMITTEE RECOMMENDS:
3.11.1 That Council rescind the previous decision it took on 2016-02-24 regarding the
allocated site of the Archie Gumede Statue next to the Inkosi Albert Luthuli ICC.
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3.11.2 That Council approve one of the sites listed below, as per the request and
recommendation from the Department of Arts and Culture, for the erection of the
Archie Gumede Statue :-
i) Francis Farewell Square on Dr Pixley Ka Isaka Seme Street across the City
Hall. The site being considered as popular for hosting passer-by,
pedestrians, and tourists who frequently use the space to rest or
take pictures.
ii) The old swimming pool site between St Paul’s Anglican Church and the
City Hall which is being considered as central and was once a highly
patronized spot for vibrant take away and bar outlets.
iii) The Fountain site at Medwood Gardens as a picturesque setting of peace
and beauty near the City Hall, this location was previously utilised as a
military depot by the Royal Navy and British Army during the South
African War.
3.11.3 That subject to .1 and .2 above, the City Manager be granted authority to sign a
Memorandum of Understanding (MOU) with the National Department of Arts and
Culture in order to address issues of custodianship of such plaques.
ADOPTED.
3.12 Report on Creation of Heroes Acre Open Air Museum and Reburial of UDF
Stalwarts Hanged in Pretoria in the 1960s and those Buried at Red Hill (35/2/1/1/1):
(Page 174: Community Services Committee - Agenda 2018-02-08)
With the Democratic Alliance abstaining at the Community Services Committee.
COMMITTEE RECOMMENDS:
3.12.1 That authority be granted to the Head: Parks, Recreation and Culture to establish a
Heroes Acre Open Air Museum at Heroes Acre Cemetery and for the re-burial of
identified UDF struggle Heroes in partnership with the NPA Missing
Persons Task Team.
3.12.2 That subject to the approval of .1 above, the Head: Parks, Recreation and Culture be
tasked to commission a study on the feasibility of the Open Air Museum.
3.12.3 That subject to .1 and .2 above, the Head: Parks, Recreation and Culture be tasked to
initiate the creation of an Open Museum Website that would contain information on
all stalwarts from other cemeteries within Durban.
3.12.4 That subject to .1, .2 and .3 above, the Head: Parks, Recreation and Culture be tasked
to commission a mapping study and record all stalwarts from different cemeteries in
Durban including family cemeteries.
3.12.5 That subject to adoption of .1, .2, .3 and .4 above, authority be granted to the Head:
Parks, Recreation and Culture to incur expenditure in the amount of R800 000.00
(Eight Hundred Thousand Rand) towards the reburial of UDF Stalwarts, the
commissioning of a feasibility study for the Open Air Museum, the creation of the
Open museum Website and the mapping of all heroes buried in Durban cemeteries.
Vote No. 15501.45355.54124.0000.N2314.W029 FC NO. : 34 / 323
As some Councillors were not in support of the above-mentioned
recommendations of the Executive Committee and with majority of the
Councillors being in support, the matter was put to the vote.
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With 177 Councillors present, 162 Councillors (ANC – 95, DA – 57, IND – 3,
AIC –2, MF – 1, DLC – 1, TA – 1, APC – 1 and AL JAMA-AH - 1) voted in
favour and 15 Councillors (IFP – 7 and EFF – 8) voted against. There were no
abstentions recorded.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
3.13 Establishment of In-House Broadcasting Facility – EMTV (12/3/1/5):
(Page 181: Community Services Committee - Agenda 2018-02-08)
Having noted that the service would be established at no cost to the Council,
COMMITTEE RECOMMENDS:
That the Head: Sizakala Customer Services, be authorised to implement an in-house
Broadcasting Facility (EMTV) and secure a service provider for it through
expression of interests.
ADOPTED.
3.14 Request to Reprioritise Capital Funds to Meet Urgent Needs: Relocation of Funds
from Umnini Thusong Centre Library Shelving to Replace One Lift at Pinetown
Civic Centre (17/2/2/2/1):
(Page 186: Community Services Committee - Agenda 2018-02-08)
COMMITTEE RECOMMENDS:
That the re-allocation of capital funds as outlined in the report of the City Manager
dated 2017-11-02, regarding Reprioritizing of Capital Funds to meet urgent needs:
Relocation of Funds from uMnini Thusong Centre Library Shelving for the
Replacement of One Lift at Pinetown Civic Centre, be approved.
Financial Implications:
PROJECT AMOUNT
Pinetown Lift Replacement R 286 000.00
TOTAL R 286 000.00
FC No. : 06 / CA37
ADOPTED.
3.15 Request to Re-Prioritisation of Capital Budget 2017/2018 Office Furniture and
Computer Equipment (8/1/5/1 & 8/1/7/1):
(Page 188: Community Services Committee - Agenda 2018-02-08)
With the Democratic Alliance recording their dissension at the Community Services
Committee,
COMMITTEE RECOMMENDS:
3.15.1 That the project authority for the re-prioritization of Capital Budget 2017/2018
Office Furniture and Computer Equipment as detailed in the report of the City
Manager dated 2017-12-12 be adopted.
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3.15.2 That subject to .1 above, the Head: Community Participation & Action Support be
authorised to incur expenditure in the amount of R592 500.00 (Five Hundred and
Ninety Two Thousand Five Hundred Rand) from the available budget in order to
procure essential resources as detailed in the City Manager’s report dated
2017-12-12.
Financial Implications:
The approval capital budget for 2017/2018 includes an amount of R36 900.00 for
Furniture and Fittings (Vote No. 32302.44520.12120.0000.PC84000.0010) which is
grossly insufficient to cater for the Unit’s needs. Furthermore an amount of
R592 500.00 is available for Transport Assets for the Unit (Vote No
32302.42760.12120.0000.CPAS05.0010). However, due to our changing needs and
priority, the Unit intend utilizing the R592 500.00 from this budget allocation to fund
the procurement of the essential resources required as detailed above.
As some Councillors were not in support of the above-mentioned
recommendations of the Executive Committee and with majority of the
Councillors being in support on the basis that the Community Participation and
Action Support Unit disseminates programmes and information to
Communities, the matter was put to the vote.
With 178 Councillors present, 111 Councillors (ANC – 95, IFP – 7, IND – 3,
AIC –2, MF – 1, DLC – 1, TA – 1 and APC - 1) voted in favour and
58 DA Councillors voted against. 9 Councillors (EFF – 8 and AL JAMA-AH – 1)
abstained from voting.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
3.16 Grant-In-Aid: Early Childhood Development Centres Ward 1 – KwaXimba and
Ward 2 Emaphephetheni (7/14/1 & 19/1/1/2/1):
(Page 190: Community Services Committee - Agenda 2018-02-08)
With the Democratic Alliance abstaining at the Community Services Committee,
COMMITTEE RECOMMENDS:
3.16.1 That the Grant-In-Aid of R1 600 000.00 (One Million Six Hundred Thousand Rand)
to be utilised for the construction of the Early Development Centres at Ward 1
KwaXimba and at Ward 2 eMaphephetheni, be approved.
3.16.2 That the Head : Community Participation and Action Support be authorised to incur
expenditure not exceeding R1 600 000.00 (One Million Six Hundred Thousand
Rand) for the construction of the two (2) crèches utilising the option of refurbishing
and converting steel shipping containers.
3.16.3 That a meeting between the Chairpersons of the Community Services Committee and
Human Settlement & Infrastructure Committee be convened to consider other
upcoming programmes from the USDG Grant in order to produce a plan and
thereafter report to the respective Committees.
Vote No. 32301.25030-17.12120.0000.3887.0010 R1 600 000.00
FC No.: 06/10
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REFERENCE BACK
In terms of Rule of Order Bylaw 20(1)(c), Councillor SV De Boer, seconded by
Councillor M Meyer, moved as a procedural motion that the above
recommendations of the Executive Committee be referred back to the
Community Services Committee for further consideration.
NOT CARRIED
As some Councillors were not in support of the reference back, the matter was
put to the vote. With 180 Councillors present, 58 DA Councillors voted in
favour and 114 Councillors (ANC – 96, IFP – 7, IND – 4, AIC – 2, MF – 1,
DLC – 1, TA - 1, APC - 1 and AL JAMA-AH - 1) voted against.
7 EFF Councillors abstained from voting.
The above-mentioned motion to refer back was, by the majority vote,
NOT CARRIED.
Thereafter the Council reverted to consideration of the substantive motion and
with 180 Councillors present the above recommendations of the Executive
Committee were unanimously ADOPTED.
3.17 Implementation of Programmes from November 2017 to June 2018 (2/1/5/1):
(Page 207: Community Services Committee - Agenda 2018-02-08)
With the Democratic Alliance abstaining at the Community Services Committee and,
following minor adjustments on the listed projects undertaken thereat,
COMMITTEE RECOMMENDS:
3.17.1 That the Project Authority be granted to the Head: Community Participation and
Action Support to co-ordinate and implement the programmes as detailed below and
outlined in the report of the City Manager dated 2017-10-31.
3.17.2 That the Head: Community Participation be requested to obtain a Financial
Certificate Number from Treasury Department in order to ensure that funding is
available for programmes earmarked for implementation.
3.17.3 That a close out report be provided for each implemented programme and that it be
submitted to the Committee to undertake its oversight role.
3.17.4 That all procurement of goods and services be undertaken strictly in accordance with
the Supply Chain Management Policy and further cognizance be taken of Circular
No. 83 to control and reduce expenditure.
3.17.5 That an amount of R1 130 000-00 (One Million One Hundred and Thirty Thousand
Rand) be transferred from Vote number: 32302.18655-30.12120.0000.37610.0010
via budget virement to fund the expenditure as detailed below.
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Financial Implications:
Programme Target
Group
Region Responsible
Person
Budget (R) Timeline
Know Your
City
Campaign
(National)
250 children North
Region
M. Shangase 60 000 Nov 2017 to June 2018
Sanitary
Dignity
Campaign
670 children All 6
Regions
M Shangase 100 000 Nov 2017 to June 2018
Vulnerable
Groups
Parliaments
300 people All 6
Regions
M Shangase 200 000 Nov 2017 to June 2018
Senior
Citizens
Golden
Games (Mini
Selection
3 000 Senior
Citizens
All 6
Regions
P Gumede 500 000 April 2018 to June
2018
Abuse
Month
1 000
Senior
Citizens
All 6
Regions
P Gumede 180 000 June 2018
Vulnerable
Groups
Forum
Meetings
600 People All 6
Regions
B Mchunu 90 000 February 2018 to May
2018
All 6
Regions
Sub Total R1 130 000-00
ADOPTED.
3.18 Service Delivery and Budget Implementation Plan (SDBIP) & Organisational
Scorecard – Mid-Year Reporting: July to December 2017 (2/10/1/19):
(Page 211: Community Services Committee - Agenda 2018-02-08)
With the Democratic Alliance abstaining at the Community Services Committee,
COMMITTEE RECOMMENDS:
That the Organisational Scorecard and the Service Delivery and Budget
Implementation plans for the quarter ended 31 December 2017, be noted.
NOTED.
3.19 Annual Report 2016/2017 (11/1/1)
(Page 248: Community Services Committee - Agenda 2018-02-08)
COMMITTEE RECOMMENDS:
That the Annual Report 2016/2017 with respect to the Community Services,
be noted.
NOTED.
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3.20 Expansion of Soup Kitchen Programme (19/1/1/1/2):
(Page 207: Community Services Committee - Agenda 2018-02-08)
COMMITTEE RECOMMENDS:
3.20.1 That the Head: Community Participation and Action Support be granted authority to
expand the Soup Kitchen Project by adding eighteen (18) sites at an estimated cost of
R1 300 000.00 (One Million Three Hundred Thousand Rand) as well as
implementing operational plan as detailed in the City Manager’s Report dated
2017-10-28.
3.20.2 That subject to .1 above, the Head: Community Participation and Action Support be
authorised to incur the capital and operating expenditure to implement the expansion
of the project.
Financial Implications:
Capital Expenditure to fund the following infrastructure and equipment essential to
in order for the sites to be operational is estimated at R1 300 000.00 (One Million
Three Hundred Thousand Rand).
Containers 6m x 3m x 16 Fridges 1 x 18
Freezers 1 x 18 Upright Cabinets 1 x 18
Gas Cages 1 x 18 Steel Tables
Plastic Chairs 200 x 18 2 plate gas stoves 2 x 18
A blocksum of R1 300 000.00 (One Million Three Hundred Thousand Rand) has
been provided in the Capital Budget to cater for the equipment
Operating Expenditure of R19 000 000.00 is required for the following:
Bread Supply Grocery Supply
Gas Supply Volunteers Stipend
Large Pots Dicing knives
Chopping boards 20lt Buckets
Sundry Items
FC No. 06/CA17
The Operating Budget of R72 760 000.00 for 2017/2018 provided on vote
32309.14105.19 is sufficient to cover the existing fifty five (55) plus the eighteen
(18) additional Soup Kitchen sites.
ADOPTED.
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4. NATAL JOINT MUNICIPAL PENSION FUND: PAYMENT OF BONUS FOR
AFFECTED EMPLOYEES (4/5/1/4)
(Page 24)
COMMITTEE RECOMMENDS:
4.1 That Council agrees to further augment the pension paid to all affected employees
who retired, or who were medically boarded or who were retrenched in respect of
bonus years benefits in terms of Clause 24B of the Rules of the Natal Joint Municipal
Pension Fund at a total cost of R4 786 632.00 (Four Million Seven Hundred and
Eighty Six Thousand Six Hundred and Thirty Two Rand).
4.2 That as current serving employees achieve their bonus years milestone, the Council
further agrees to augment their pension payouts.
Vote No.: 3107713370; R4 786 632; FC No.: 03/27
ADOPTED.
5. REVIEW OF TARIFF: REVENUE CLEARANCE CERTIFICATE 2018/2019
(7/6/1/5)
(Page 70)
COMMITTEE RECOMMENDS:
5.1 That the Council of eThekwini Municipality resolves in terms of Section 75A of the
Local Government Municipal Systems Act of 2000 (Act 32 of 2000) and with effect
from 2018-07-01 the tariffs set out in Annexure "A" of the report of the City
Manager dated 2017-11-28, will be levied in respect of the Revenue Clearance
certificate.
5.2 That the City Manager be instructed without delay:-
(i) To display a copy of this resolution and the said tariff of charges
conspicuously:-
(a) On the City Hall Notice Board, and
(b) At such other places within the Municipality as the City Manager may
determine
(ii) To seek to convey the information referred to in the said notice to the public
through the relevant Radio Stations.
(iii) To send a copy of the notice to the KwaZulu-Natal Member of the
Executive Council (MEC) responsible for Co-operative Governance and
Traditional Affairs.
(iv) To publish in the Ezasegagasini Metro a notice in the following format:-
ETHEKWINI MUNICIPALITY
Notice is hereby given that:-
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(a) A resolution of the kind contemplated in Section 75A (2) of the Local
Government: Municipal Systems Act 2000 (Act 32 of 2000) was passed by
the Municipal Council on.....................
(b) A copy of the said resolution and annexed tariff of charges is available for
inspection at:-
(i) City Hall, Dr Pixley kaIsaka Seme Street, Durban
(ii) .............................................. etc
(c) The effective date for the implementation of the said tariff of charges is
2018-07-01.
…………………………………
CITY MANAGER
ETHEKWINI MUNICIPALITY
Date…………………………….
ADOPTED.
6. REVIEW OF VALUATION ROLL TARIFFS: 2018/2019 (7/6/1/5)
(Page 75)
COMMITTEE RECOMMENDS:
6.1 That the Council of eThekwini Municipality resolves in terms of Section 75A of the
Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that with effect
from 2018-07-01 the tariffs set out in Annexure A of the report by the City Manager
dated 2018-01-25, be levied.
6.2 That subject to the adoption of .1 above, the City Manager be directed to comply
with the provisions of Section 75A (3) and (4) of the said Act.
ADOPTED.
7. AUDIT COMMITTEE CHARTER: 7 JULY 2017 (2/10/1/1)
(Page 77)
COMMITTEE RECOMMENDS:
That, in line with the requirement to review the Audit Committee Charter on an
annual basis, the revised Audit Committee Charter which, amongst other things, sets
out the status, authority, role and responsibility of the Audit Committee of the
eThekwini Municipality, as annexed in the joint report by the City Manager and
Audit Committee Chairperson dated 2018-01-29 and 2018-01-30 respectively,
be approved.
ADOPTED.
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8. INTERNAL AUDIT CHARTER: 7 JULY 2017 (2/10/1/1)
(Page 105)
COMMITTEE RECOMMENDS:
That in terms of Section 165 of the Municipal Finance Management Act No 56 of
2003 and in line with the requirement to review the Internal Audit Charter on an
annual basis, which, amongst other things, sets out the Internal Audit functions of the
eThekwini Municipality, as annexed in the joint report by the City Manager and
Audit Committee Chairperson dated 2018-01-29 and 2018-01-30 respectively,
be approved.
ADOPTED.
9. REVIEW OF TENDERS ISSUED TARIFFS: 2018/2019 (7/6/1/2)
(Page 122)
COMMITTEE RECOMMENDS:
9.1 That Council of the eThekwini Municipality resolves in terms of Section 75A of the
Local Government Municipal Systems Act of 2000 (Act 32 of 2000) that, with effect
from 2018-07-01, the tariffs as set out in Annexure A of the report by the City
Manager dated 2018-02-07, be levied.
9.2 That subject to the adoption of .1 above, the City Manager be directed to comply
with the provisions of Section 75A (3) and (4) of the said Act.
ADOPTED.
10. POLICY ON USAGE OF MUNICIPAL VEHICLES BY COUNCILLORS
(8/3/1/8/P)
(Page 124)
Some Members of the Executive Committee questioned whether the policy on usage
of Municipal Vehicles by Councillors had been to a public participation and
contended that the policy was poorly crafted and lacked transparency.
Clarity was provided that Council was bound in terms of the relevant Act to have a
policy that would give administrative effect in dealing with the issue of availability
of Council owned vehicles for use by Councillors. Furthermore the policy could be
reviewed on an annual basis should any challenges arise through its implementation.
With the Executive Committee Members Mncwango, De Boer and Hoosen
dissenting,
COMMITTEE RECOMMENDS:
That the policy for use of Municipal Vehicles by Councillors in line with
Government Notice No. 313, Determination of Upper Limits of Salaries, Allowances
and Benefits of different members of Municipal Councils, be approved.
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As some Councillors were not in support of the above-mentioned
recommendations of the Executive Committee, and with majority of the
Councillors being in support of the recommendations, the matter was
put to the vote.
With 174 Councillors present, 110 Councillors (ANC – 91, EFF - 8, IND – 4,
AIC – 2, MF – 1, DLC – 1, TA – 1, APC - 1 and AL JAMAH - 1) voted in favour
and 58 DA Councillors voted against. 6 IFP Councillors abstained from voting.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
_______________
(Her Worship the Mayor, Councillor ZRT Gumede, presented the Second
Report of the Executive Committee)
_______________
SECOND REPORT OF THE EXECUTIVE COMMITTEE (Meeting held 2018-02-20)
PRESENT : Executive Committee Members ZRT Gumede (Mayor and Chairperson),
F Peer (Deputy Mayor), HU De Boer, BA Fortein, S Hoosen, SA Kaunda,
ZM Mncwango, MM Mthembu, MS Nkosi and ZR Sokhabase
_____________
1. ADDENDUM REPORT OF GOVERNANCE AND HUMAN RESOURCES
COMMITTEE: MEETING HELD ON 2018-02-07
(Page R1)
1.1 Progress Report on Ward Committee Functionality (3/6/5):
(Page 110: Governance and Human Resources Committee - Agenda 2018-02-07)
Progress report was received on the functioning of Ward Committees since their
establishment. The Committee was informed of trainings being provided to Ward
Committees’ Secretaries on Meetings procedures for them to become effective
Secretaries. The Chairpersons of Portfolio Committees were also trained on the role
of their respective Portfolio Committees and issued with Terms of Reference to
provide for a clear scope of their operation. The report also shared the functionality
tool used by the Department of Co-operative Governance and Traditional Affairs
(COGTA) to assess the functionality of Ward Committees. It is important to note that
Community meetings as well as Portfolio Committee meetings form part of a key
requirement by COGTA to measure the functionality. The score in this regard is only
allocated when there is portfolio of evidence in the form of minutes and
attendance registers.
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Whilst there is still more work to be done for Ward Committees to reach the
satisfactory standard when it comes to COGTA functionality, it is pleasing to note
that positive progress has been made in that a number of fifty (50) Ward Committees
have been declared functional as at September 2017. The Unit is also in the process
of assisting Ward Committees to develop their Operational Plans and the intention is
to achieve a synergist approach by involving other stakeholders to ensure effective
integration of service delivery plans. A need exists to fully incorporate Ward
Committees across the Municipality for officials to understand that they are the
legislative body which forms part of the Municipality’s Collective Executive System.
This will prompt Units to prioritise service delivery issues raised by the Ward
Committees to achieve good turnaround time in providing feedback report for the
interface role to materialise in its true sense.
The Governance and Human Resources Committee noted update on Ward
Committees as well as recommended interventions to address issues such as payment
of stipend, receipt of meeting documents, amongst others. The recommendations
contained in the report were erroneously omitted from the report of the Governance
and Human Resources Committee considered by the Executive Committee on
2018-02-13.
In the circumstances, it is now necessary to submit the recommendations for the
Executive Committee and Council to be kept abreast of the functioning of the Ward
Committees in their capacity as the legislated advisory body of Council.
At the Executive Committee meeting, in response to clarity being sought on the
challenges relating to Ward Committee members liaising directly with City Officials
and bypassing Ward Councillors, Her Worship the Mayor requested that any
challenges identified be investigated by the Speaker. She made a further request for
the Chairperson of the Economic Development & Planning Committee and the
Deputy City Manager: Economic Development & Planning to formulate a clearly
defined plan in the appointment of Developers to projects.
Thereafter being in agreement,
COMMITTEE RECOMMENDS:
1.1.1 That the Executive Committee notes progress report on the functionality of Ward
Committees since their establishment in 2016, which process was finalised in 2017
and, through Council, encourages Ward Councillors to maintain regular contact with
the Deputy City Manager: Governance and International Relations to obtain
guidance which might be required on the functioning of Ward Committees to achieve
improved operations in this regard.
1.1.2 That the Executive Committee, through Council, encourages the participation of
Ward Councillors in the process of developing Ward Committee Operational Plans
and the involvement of all relevant Units in a bid to achieve a synergistic approach in
terms of different processes being run by the Municipality thereby achieving
effective and efficient utilisation of Municipal resources.
1.1.3 That the Speaker continues to encourage some of the Ward Councillors to improve
relationships with their Ward Committees to ensure meetings are convened as
scheduled and that community meetings are convened as per the compliance
requirements to ensure local communities are informed of the local
government affairs.
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1.1.4 That the Deputy City Manager: Governance and International Relations devise
mechanisms to empower line departments to understand the role of Ward
Committees and the manner in which they should be handled to fulfil their advisory
role within Council.
1.1.5 That the Deputy City Manager: Governance and International Relations strengthens
processes relating to the functioning of Ward Committees including improved ways
to manage receipt of meeting documents from Ward Committee Secretariat and
effectively manage payment and/or suspension of stipend.
1.1.6 That the Executive Committee supports the referral of service delivery matters
coming from the Ward Committees for consideration by the Human Settlements and
Infrastructure Committee or any other relevant Portfolio Committee in a bid to
provide constructive feedback to the Ward Committees on developmental
issues submitted.
ADOPTED.
2. REPORT OF SECURITY AND EMERGENCY SERVICES COMMITTEE:
MEETING HELD ON 2018-02-14
(Page R3)
2.1 2016/2017 Annual Report:
(Page 20: Security and Emergency Services Committee - Agenda 2018-02-14)
COMMITTEE RECOMMENDS:
That the Annual Report 2016/2017 with respect to the Community & Emergency
Services Cluster, be noted.
NOTED.
2.2 Service Delivery and Budget Implementation Plan & Organisational
Scorecard - Mid Year Reporting from July to December 2017 (2/10/1/1/9):
(Page 124: Security and Emergency Services Committee - Agenda 2018-02-14)
COMMITTEE RECOMMENDS:
That the Organisational Scorecard and the Service Delivery and Budget
Implementation plans for mid-year reporting from July to December 2017 with
respect to the targets of the Security and Emergency Services Committee, be noted.
NOTED.
2.3 Security and Emergency Services Committee Finance Report as at December 2017:
(Page 143: Security and Emergency Services Committee - Agenda 2018-02-14)
COMMITTEE RECOMMENDS:
That the Section 71 Finance Report: December 2017 submitted in compliance with
Section 71 of the Municipal Finance Management Act and in terms of the of the
Government Notice 32141 dated 17 April 2009, relating to the “Local Government:
Municipal Finance Management Act 2003, the Municipal Budget and Reporting
Regulations”, with regard to the Security and Emergency Services as at
31 December 2017, be noted.
NOTED.
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2.4 Adjustment Budget - February 2018 (Metro Police):
(Page 167: Security and Emergency Services Committee - Agenda 2018-02-14)
COMMITTEE RECOMMENDS:
That the report regarding the Final Capital Adjustment Budget 2017/2018 in respect
of the Security and Emergency Services Cluster, be noted.
NOTED.
2.5 Presentation on Let’s Talk About Harm Drugs and Stop the Harm by TBHIV CARE:
(Item on agenda: Security and Emergency Services Committee - Agenda
2018-02-14)
A presentation was made by the company TBHIV CARE to the Security &
Emergency Services Committee in respect of concerns on the issue of needles and
syringes that were dumped on the beach. This was considered to be a serious health
concern.
At the Executive Committee meeting clarity was provided that certain areas of the
North and South beach had been cordoned off due to a large quantity of used
syringes and needles being found. It was subsequently discovered that many of the
syringes had contained drugs and emerging from a presentation by the Durban based
company called TBHIV it was advised that the company had no control of the its
disposal thereof. The Security & Emergency Services Committee had concluded that
the issue of needles were not being properly monitored and controlled. It was further
clarified that the company had entered into a Memorandum of Agreement with both
Provincial and National Governments on the basis that it was currently being
practiced in first world countries and was successful. Being mindful of serious
health concerns,
COMMITTEE RECOMMENDS:
2.5.1 That the Chairperson of the Security and Emergency Services Committee in liaison
with Chairperson of the Community Services Committee convene a meeting with the
relevant National and Provincial Departments of Health in order to discuss the
memorandum of agreement between the KwaZulu-Natal Provincial Department of
Health and TBHIV CARE in an effort to address the supply of syringes with needles
to members of the public without a properly restricted disposal process by
TBHIV CARE.
2.5.2 That the Head: Legal and Compliance be requested to provide an opinion on the
legality of supplying syringes with needles to communities without ensuring a proper
restricted disposal process by the project owner.
2.5.3 That following the consultation with Province as alluded to .1 above, a
comprehensive presentation on the matter be made to a future meeting of the
Executive Committee.
ADOPTED.
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3. REPORT OF ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE:
MEETING HELD ON 2018-02-15
(Page R5)
3.1 Draft 2018/2019 Municipal Spatial Development Framework to be advertised for
Public Comment (21/5/1):
(Page 1: Economic Development and Planning Committee - Agenda 2018-02-15)
COMMITTEE RECOMMENDS:
3.1.1 That the Municipal Spatial Development Framework 2018/2019 be advertised for
public comment
3.1.2 That the comments received during the Public Process be considered and an
amended Final Draft Municipal Spatial Development Framework (MSDF) review
2018/2019 be prepared.
3.1.3 That the Draft MSDF Review 2018/2019 be referred to the respective Portfolio
Committees for presentation to understand all implications associated therewith prior
to approving the SDF in May 2018
3.1.4 That the Final Draft MSDF Review 2018/2019 be tabled at the Council meeting in
May 2018 for final adoption.
ADOPTED.
3.2 Inner City Regeneration Implementation Strategy: International Society of City and
Regional Planners (ISOCARP): the Urban Planning Advisory Team (20/1/7/1):
(Page 34 : Economic Development and Planning Committee - Agenda 2018-02-15)
COMMITTEE RECOMMENDS:
3.2.1 That authority be granted for the Deputy City Manager: Economic Development to
host Urban Planning Advisory Team workshops and activate local team and
associated resources to work with the Urban Planning Advisory Team for 2-3 weeks
in March and August 2018 to unlock key Inner City projects.
3.2.2 That the Deputy City Manager: Economic Development and Planning be mandated
to approve resources and institutional requirements.
3.2.3 That the Deputy City Manager: Finance be mandated to determine and advise on the
requirements of the Municipal Finance Management Act for the payment to host the
Urban Planning Advisory Team Workshops.
3.2.4 That the Deputy City Manager: Economic Development and Planning be mandated
to facilitate a Memorandum of Agreement between the City and Urban Planning
Advisory Team.
3.2.5 That the City Manager be mandated to sign a Memorandum of Agreement (MOA)
with the International Society of City and Regional Planners: Urban Planning
Advisory Team.
Vote: 26810.10975.12120.0000.MRC01.R001
ADOPTED.
- 1030 - (eThekwini Municipality
Council Minutes - 2018-02-22)
3.3 The 2017 D’MOSS Layer Relating to the D’MOSS Policy Applicable to the
eThekwini Municipality (21//8/P):
(Page 41 : Economic Development and Planning Committee - Agenda 2018-02-15)
COMMITTEE RECOMMENDS:
That approval be granted in terms of Section 28(4) of the Spatial Planning and Land
Use Management Act, 2013 (Act No. 16 of 2013) to the amendment of the D’MOSS
Layer in those areas of the eThekwini Municipality which fall outside the boundaries
of the land use schemes.
REASONS FOR APPROVAL.
3.3.1 In preparing the D’MOSS Layer, cognisance has been taken of the Development
Principles contained under Section 7 of the Spatial Planning and Land Use
Management Act of 2013 (Act No. 16 of 2013).
3.3.2 The proposal is in the public interest, having undergone a rigorous process
which has:
3.3.2.1 Included critical biodiversity areas identified in terms of a systematic
conservation assessment,
3.3.2.2 Removed areas which have been transformed since the adoption of the
2016 Layer,
3.3.2.3 included areas based on Biodiversity Impact Assessment and Environmental
Authorisation outcomes, and
3.3.2.4 Considered the area of inclusion within Ward 105 (Vulamehlo) which was
incorporated into the Municipal area after the 2016 Municipal Elections.
3.3.3 The proposal furthers the vision and development goals of the Municipality by
creating a more effective tool to ensure an environmentally sustainable City whilst
recognising areas where economic development has occurred.
3.3.4 The proposal has undertaken a rigorous participation process which has considered:
3.3.4.1 Internal Departmental requirements;
3.3.4.2 An appropriate method of public participation through the combination of
public advertisements, media releases, individual property owners
notification, notification of Ward Councillors, web site access to
information, City-wide public meetings, and consultation with the
eThekwini Amakosi Forum; and
3.3.4.3 The requests of the public to amend proposals where it has been deemed
appropriate.
3.3.4.5 The proposal is in keeping with best practices through the application of the
Systematic Conservation Assessment process. Further, the proposed 2017 D’MOSS
Layer complies with national environmental requirements for the protection of the
environment. The proposal also complies with the provisions of the Spatial Planning
and Land Use Management Act of 2013 (Act No. 16 of 2013) requirements to
provide sustainable environmental tools.
3.3.4.6 After full consideration of the objections submitted, it is considered that these have
been fully assessed and it has been determined that the extent of the D’MOSS Layer
derived through both scientific and ground truth assessment reflects the best fit for
these properties.
ADOPTED.
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3.4 Amendment of the South Scheme by the Amendment of the Development
Facilitation Table of Special Zone 18 to Include Under Additional Control: Point 6:
Erf 1652 Amanzimtoti Shall Be Restricted To a Minimum F.A.R of 3 and a Height
Restriction of 3 Storeys (21/7/8):
(Page 72 : Economic Development and Planning Committee - Agenda 2018-02-15)
COMMITTEE RECOMMENDS:
That in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning &
Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 28(4) of
the Spatial Planning and Land Use Management Act 16 of 2013, the amendment to
the South Scheme by amending the Development Facilitation Table for a Special
Zone 18 of Erf 1652 Amanzimtoti situated at 1 Rosslyn Road to include under
additional controls: “Point 6”: In the case of Erf 1652 Amanzimtoti, the maximum
permitted FAR shall be 3.0 and the maximum permitted height shall be 6 storeys, be
approved for the following reasons:
● Planning merits for the proposed private hospital has been adequately
demonstrated as the proposed Special Zone 18 which exists in the South
Scheme and the intended changes are in compliance with the existing area.
● Strategic Spatial Planning Branch have supported this application in terms
of the Amanzimtoti CBD Node Plan (2011) which identifies this site as an
opportunity area for Community Services, which includes the following
land uses; Health, Education and Religion.
ADOPTED.
3.5 Amendment of the North Scheme by the Amendment of the Development
Facilitation Table Scheme Controls as they Apply to “Special Zone 10” (a part of the
Dube Tradeport and King Shaka International Airport site) as Contained in the North
Scheme and for the Amendment of the Definition of Airport as it is Currently
Reflected in the North Scheme (21/5/2/1):
(Page 87 : Economic Development and Planning Committee - Agenda 2018-02-15)
COMMITTEE RECOMMENDS:
That in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning &
Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 28(4) of
the Spatial Planning and Land Use Management Act, (Act 16 of 2013) the
application for amendment of the definition of “Airport” as it is currently reflected in
the North Scheme and the amendment of the Development Facilitation Table Scheme
Controls as contained in Special Zone 10 ( part of the Dube Tradeport and King
Shaka international Airport site) of The Farm La Mercy Airport No. 15124 be
Approved for the following reasons:
3.5.1 The amendment to the zone will bring it in line with the latest airport development
practices. The proposed amendment to the current zone will allow all uses related to
and ancillary to the running/operation of an International Airport and
Tradeport facility.
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Council Minutes - 2018-02-22)
3.5.2 The proposed amendment to definition of the land use “Airport “is required to
proactively address the regional development imperatives and ensure that
development is facilitated, in accordance with the national and provincial growth
strategies and to ensure the flexibility and ease of use for the developers.
3.5.3 The amendment to the Special Zone 10 will bring the scheme in line with the latest
airport development practices.
This approval is subject to the amendment of definition of Airport and Special Zone
10: Section 7: Development Facilitation Table to now read as follows:
“Airport: means any defined area of land or water intended to be used either wholly
or in part for the arrival, departure, parking or surface movement of aircraft and
includes any buildings, structures and equipment in any such area used ancillary to
in connection with the airport or its administration and includes air rights”.
Furthermore the following amended Development Facilitation Table is to be inserted
into the North Scheme
SPECIAL ZONE 10
Page 1 of 3
SCHEME INTENTION:
• The primary intention of Special Zone 10 is to facilitate the effective development and operation of Dube Tradeport
and King Shaka Airport, as the catalyst contributing to the sustained growth of the Tradeport, the Aerotropolis, the
Special Economic Zone and KwaZulu-Natal Region, and regulate development thereof in the public interest.
• Special Zone 10 will accommodate all activities related to, and ancillary to, the running of an international airport and
Tradeport facility, including provision for passengers, airfreight, logistics, industrial and commercial development
such as passenger movement, airfreight handling and movement, aircraft maintenance, retail, offices, entertainment,
accommodation, hospitality, industry, warehousing, logistics, car hire, parking, agricultural activity, open space,
conservation, infrastructure and the like.
• The zone will provide the necessary flexibility to ensure that the aviation, logistics, economic development and job
creation functions of King Shaka International Airport and Dube Tradeport are met through the appropriate
development of new and enhanced facilities and infrastructure.
MAP REFERENCE: NS / 05 / 2012 COLOUR NOTATION: Black
cross-hatch with ‘SZ 10’ inserted
PRIMARY SPECIAL CONSENT PRECLUDED
• Action Sports Bar
• Agricultural Land
• Airport
• Arts and Crafts Workshop
• Car Wash
• Conservation Area
• Convention Centre
• Crèche
• Display Area
• Dwelling House
• Educational Establishment
• Flat
• Flea Market
• Fuelling and Service Station
• Garden Nursery
• Government / Municipal
• Health & Beauty Clinic
• Health Studio
• Adult Premises
• Agricultural Activity
• BTTS*
• Betting Depot
• Car Rental Motor Workshop*
• Container Depot
• Direct Access Service Centre
• Motor Garage
• Motor Vehicle Test Centre
• Motor Workshop
• Special Building
• Transport Depot
• Truck Stop
• Veterinary Clinic
• Zoological Garden
• Boarding House
• Builder’s Yard
• Cemetery / Crematorium
• Chalet Development
• Correctional Facility
• Escort Agency
• Funeral Parlour
• Industry - Extractive
• Industry – Noxious
• Landfill
• Mobile Home Park & Camping Ground
• Mortuary
• Pet Grooming Parlour
• Reform School
• Restricted Building
• Retirement Centre
• Riding Stables
• Scrap Yard
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Council Minutes - 2018-02-22)
• Hotel
• Industry – Light
• Industry- General
• Institution
• Laundry
• Museum
• Motor Display Area
• Multiple Unit Development
• Nature Reserve
• Night Club
• Office
• Office – Medical
• Parkade
• Place of Public Entertainment
• Place of Public of Worship
• Private Open Space
• Public Open Space
• Recycling Centre
• Refuse Disposal
• Restaurant / Fast Food Outlet
• Shop
• Warehouse
• Transport Use
SPECIAL ZONE 10
Page 2 of 3
ADDITIONAL CONTROLS
1. Development within Special Zone 10 will be managed through a package of plans consisting of:
a. An approved Development Framework Plan (including a spatial development framework), infrastructure plan,
traffic plan, rehabilitation plan, and overall landscaping plan);
b. Approved Precinct Plans for each of the precincts as identified in the Development Framework Plan;
c. Approved Development Manual and / or Urban Design Guidelines for each Precinct as identified in the
Development Framework Plan.
2. A Dube Tradeport Design and Review Panel comprising of Dube TradePort Corporation (DPTC), Airports
Company South Africa (ACSA), the eThekwini Municipality and any other relevant role players as determined by
these three parties, shall be established to review and make recommendations to the relevant approving authority on
all plans and development within the Zone as per the provisions of the approved Development Framework Plan.
This Panel shall operate within an agreed Terms of Reference.
3. Approval of the Package of Plans will be by the Municipality, only with the positive recommendation of the Dube
TradePort Design and Review Panel.
4. All development rights within Special Zone 10 shall be held in a Development Rights Bank with the total
development rights being as follows:
(a). The maximum Floor Ratio shall be 1.0;
(b). The maximum permissible Coverage shall be 50 % over the Zone;
(c). Development Rights shall be managed / allocated / distributed / transferred in terms of the approved Package of
Plans as amended from time to time.
(d). The Dube TradePort Design and Review Panel shall maintain an accurate and up-to-date record of the use of
Development Rights in a proper and accessible manner, a copy of which shall be supplied to the Head:
Development Planning and Management on an annual basis.
(e). Parking areas (covered and uncovered) shall not be included in Floor Area Ratio.
(d). Awnings, canopies, arbors, colonnades, balconies, or any other similar structure within the sidewalk area and on
individual sites shall not be included in Floor Area Ratio calculations.
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Council Minutes - 2018-02-22)
(e). Accommodation of motor vehicles and loading areas shall be provided on site as per the approved Package of
Plans or, if no standards have been supplied in the relevant Precinct Plan, to the Municipality’s satisfaction.
(f). Residential usage other than a Hotel shall be limited to staff accommodation.
(g). Space About Buildings: No Building Lines, Side Space, Rear Space or minimum Erf size shall apply unless
specified in the relevant Precinct Plan.
(h). All development within the Zone, including Height is subject to aviation safety requirements as determined by
the Civil Aviation Authority (CAA) Regulations of 1997, prepared in terms of the Aviation Act No 74 of 1962 as
amended and the recommendation of the Dube Tradeport Design and Review Panel.
i. BTTS shall mean Base Telecommunications Transmission Station.
j. For purposes of this Zone: ‘Car Rental Motor Workshop”: means buildings or part thereof used for minor motor
repairs to light motor vehicles that are specifically used for car rental purposes, which may include spray painting,
panel beating and minor motor repairs.
SPECIAL ZONE 10
Page 3 of 3
DEVELOPMENT PARAMETERS
HEIGHT COVERAGE
FLOOR AREA RATIO
A maximum of 6 storeys with the exception of:
• 70 m for air traffic control tower.
• 13 storeys for sites within Support Precinct 1:
Northern Sub-Precinct (Dube City) area.
• As prescribed in the relevant approved
Precinct Plan.
• Height of Communication, Navigation and
Surveillance to be identified and approved by
the Air Traffic and Navigation Services and
Civil Aviation Authority and submitted to the
Dube TradePort Design and Review Panel for
comment and the Municipality for approval.
• The Height of each building is subject to the
approval of Air Traffic and Navigation
Services and Civil Aviation Authority.
• Total Coverage: A maximum permitted
Coverage of 50 % over Zone.
• And as prescribed in the relevant
approved Precinct Plan.
Note: the maximum Coverage of 50 %
does not apply to individual sub-divisions
but to the overall Zone.
• A maximum permitted
Floor Area Ratio of 1.0
over the Zone.
• And as prescribed in the
relevant approved
Precinct Plan.
Note: The maximum
Floor Area Ratio of 1.0
does not apply to
individual sub-divisions
but to the overall Zone.
ADOPTED.
3.6 Amendment of the Outer West Scheme by the Introduction of a New Zone: General
Residential 4 into the Outer West Scheme (21/7/3):
(Page 106 : Economic Development and Planning Committee - Agenda 2018-02-15)
COMMITTEE RECOMMENDS:
3.6.1 That in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning &
Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 28(4) of
the Spatial Planning and Land use Management Act 16 of 2013 the application to
amend Section 7: Development Facilitation Table of the Outer West Scheme by
introducing a new zone termed General Residential 4 be approved for the
following reasons:
- 1035 - (eThekwini Municipality
Council Minutes - 2018-02-22)
3.6.1.1 That the Outer West spatial Development Plan (2014/2015) indicates that there is an
infill opportunity for more affordable cluster/residential building type housing along
Old Main Road in the short to medium term.
3.6.1.2 That the subject site falls within the Hillcrest Gillits Kloof Conceptual Land Use
Management Plan (HGK LUMP), where a range of mixed uses including affordable
housing is encouraged and the introduction of an appropriate residential zone which
promotes sustainable, well located and diverse housing typology is to be supported.
3.6.1.3 That the proposed new land use zone of General Residential 4 has development
controls that are different to the current zones in the Outer West Scheme and is line
with the Municipality’s goal to curb urban sprawl through appropriate well located
densification.
Furthermore, the following Development Facilitation Table for the proposed General
Residential 4 zone is to be inserted into the Outer West Scheme as follows:
GENERAL RESIDENTIAL 4
Scheme Intention To provide for all types of residential accommodation aimed at
the higher density housing market with a range of ancillary uses
which service the day to day needs of a residential community
Zoning General Residential 4
F.A.R 1.00
Coverage (%) 40%
Height (Storeys) 4
Unit per Hectare N/A
Minimum Erf Area 1800 m²
Primary Uses Conservation Area
Dwelling House
Extended Residential Building
Flat
Laundry
Multiple Unit Development
Residential Building (excludes Hotel)
Consent Uses Boarding House
BTTS
Crèche
Crematorium
Educational Establishment
Garden Nursery
Government/Municipal
Health & Beauty Clinic/Health Studio
Hotel
Institution
Office
Place of public Assembly
Place of Public Worship
Private Recreation Area
Retirement Centre
Special Building
Veterinary Clinic
Prohibited Land Uses All other uses
Building Line 7.5m
Side Space 3.0m
- 1036 - (eThekwini Municipality
Council Minutes - 2018-02-22)
Rear Space 3.0m
Parking As per applicable land uses
ADOPTED.
3.7 Amendment of the Durban Scheme by the Amendment of Special Zone 64:
Effingham – Avoca Regulation Contained in Appendix 2 of the Durban Scheme by
Amending the Final Development Concept Plan Being Referred to Therein (21/7/3):
(Page 122 : Economic Development and Planning Committee – Agenda 2018-02-15)
COMMITTEE RECOMMENDS:
3.7.1 That in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning &
Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 28(4) of
the Spatial Planning and Land use Management (Act 16 of 2013) the application for
the amendment of Appendix 2 of the Durban Scheme by the amendment of the
Special Zone 64: Effingham-Avoca be approved for the following reasons:
(a) that proposed rezoning and consolidation are fully supported from a planning
perspective; and
(b) the amendments to the Scheme Regulations are necessary in order to give
effect to the recommendation by the Land Use Management Branch to
approve an application for the rezoning of the Remainder of Erf 10 Duiker
Fontein situated at 309 Rosary Road from Special Residential 650 and New
Street (with a Metropolitan Open Space System overlay) to Special Zone
64: Effingham-Avoca (with a Metropolitan Open Space System overlay)
and the consolidation of the said property with Portion 83 of Erf 1
Riverhorse Valley situated at 5 Imvubupark Place so as to form Erf 44
Riverhorse Valley.
3.7.2 That the following changes are to be effected in respect of the Special Zone 64:
Effingham Avoca Scheme Regulations:
(a) Amend the boundary of the Final development Concept Plan for Special
Zone 64 to include the Remainder of Erf 10 Duiker Fontein into the
Industrial and Commercial Land Use Component.
(b) Amend the plan number on the Final Development Concept Plan from
RHVBE08/FDCP/04-2014 to RHVBE 09/FDCP/03-2017 and change the
date on the plan from 2014-04-14 to March 2017.
(c) In Clause 1 of the Scheme Regulations: Change the Final Development
Concept Plan reference number from RVBE 08/FDCP/04-2014 to RHVBE
09/FDCP/03-2017;
(d) In Clause 2 (n) of the Scheme Regulations: Change the Final Development
Concept Plan reference number from RHVBE 04/FDCP/01-2004 to
RHVBE 09/FDCP/03-2017;
ADOPTED.
- 1037 - (eThekwini Municipality
Council Minutes - 2018-02-22)
3.8 Amendment of the Durban Scheme by the Amendment of Appendix 9: Introduction
of a New Special Zone: Umlazi Station Zone On Portion 106 of the Farm Umlazi
Mission Reserve No.8309, 75 Sokesimbone Road (21/7/3):
(Page 136 : Economic Development and Planning Committee - Agenda 2018-02-15)
COMMITTEE RECOMMENDS:
3.8.1 That in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning &
Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 28(4) of
the Spatial Planning and Land Use Management Act 16 of 2013 the application for
the amendment to the Durban Scheme by the introduction of the new Special Zone:
Umlazi Station be approved for the following reasons:
● Planning merits for the amendment of the Durban Scheme has been
adequately demonstrated. The site has remained underutilized because the
zone does not allow for the full utilization of the potential of the site.
The development is also expected to have a catalytic effect on development
in the surrounding area in Umlazi. The proposed development would enable
the site to be used to its full potential.
● The application is in keeping with the strategic intentions of eThekwini and,
addresses the requirements of the Southern Public Transport Corridor Plan,
the South Spatial Development Plan (SSDP 2014/2015) as it promotes the
development based on an integrated transit oriented approach to
densification within the Umlazi Station area. Furthermore the Umlazi
Station is earmarked for the feeder facility (taxi rank) as part of the
eThekwini Municipality’s Integrated Rapid Public Transport network
(IRPTN).
The following table in relation to Special Zone: Umlazi Station is to be inserted into
the Durban Scheme in Appendix 9:
SPECIAL ZONE: UMLAZI STATION
PRIMARY CONSENT PRECLUDED
Arts and Crafts
Workshop
Ancillary Unit
Bed and Breakfast
Establishment
Boarding House
Bottle Store
Car Wash
Clinic
Commercial Workshop
Dwelling Unit
Dwelling House
Fast Food Outlet
Guest House
Establishment
Hotel
Informal Trading Area
Market
Mixed Use Development
Multi Use Development
Office – Medical
Office- General
Office- Public
Place of Entertainment
BTTS•
Child Minder Service
Crèche
Educational
Establishment
Fuelling and Service
Station
Hospital
Place of Public
Assembly
Place of Worship
Special Building
Agricultural
Activity
Agricultural Land
Animal Facility
Builders’ Yard
Cemetery
Children’s Home
Conservation
Reserve
Correctional
Facility
Crematorium
Funeral Parlour
Haven
Home Business
Industry- Service
Industry-Light
Institutional Building
Mortuary
Motor Display Area
Motor Garage
Motor Workshop
Museum
Night Club
Recreation Ground
Recycling Centre
Reform School
Refuse Disposal
Restricted Building
Retirement Centre
Sand mining
Scrap Yard
Shelter
Small Scale
Agriculture
Sports Grounds
Tavern
Warehouse
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Private Open Space
Public Open Space
Railway Facilities
Restaurant
Shop
Spaza Shop
Student Accommodation
Totalisator
Traditional Lifestyle Use
Transport Depot
Utilities Facility
Veterinary Clinic
• BTTS: Base Telecommunications Transmission Station
ADOPTED.
3.9 Proposed Amendment of the Outer West Scheme by the Amendment of Section 7:
Development Facilitation Table Transition Zone 1 by Including Additional Control 7
Under Clause 7 to Allow Office-Medical and Crèche Only by Special Consent in
Respect of the Following Properties: Erf 472, Portion 1 of Erf 476, the Remainder of
Erf 477, Erf 479, Potion 1 of Erf 479 and Erf 459 All of Gillitts (for Refusal)
(21/7/11):
(Page 150 : Economic Development and Planning Committee - Agenda 2018-02-15)
COMMITTEE RECOMMENDS:
3.9.1 That in terms of Chapter 2, Section 13(1)(b) of the KwaZulu-Natal Planning &
Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 42(3) of
the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) the
proposed amendment of the Outer West Scheme by the amendment of Section 7,
Development Facilitation Table, Transition Zone 1 by including additional control 7
under Clause 7 to allow Office-Medical and Creche only by special consent in
respect of the following properties; Erf 472, Portion 1 Of Erf 476, The Remainder Of
Erf 476, Portion 1 Of Erf 477, The Remainder Of Erf 477, Erf 479, Portion 1 Of Erf
479 And Erf 459 all of Gillitts , be REFUSED for the following reason:
(a) The primary component of the overall application (the rezoning of the
application sites from Special Residential 1800 to Transition Zone 1) is
contrary to the provisions of section 22 (1) of the Spatial Planning and Land
Use Management Act (Act no. 16 of 2013) as the proposal is not consistent
with the recommendations of the Spatial Development Framework
(2015/16) in that this area is to be retained as residential. The proposed zone
is therefore recommended for refusal which therefore means that the
amendment of the provisions of the proposed zone, in respect of the
application sites, is a moot point.
ADOPTED.
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Council Minutes - 2018-02-22)
3.10 Amendment of the North Scheme Section 7: Amendment of the Development
Facilitation Table for the Business Centre 1 Zone in the Scheme by the Inclusion of a
Fueling and Service Station as a Primary Land Use Right Applicable to Portion 821
of the Farm Lot 31 No. 1560 Umhlanga Rocks (21/5/2/1):
(Page 164 : Economic Development and Planning Committee - Agenda 2018-02-15)
With the Democratic Alliance dissenting at the Economic Development Committee,
COMMITTEE RECOMMENDS:
3.10.1 That in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning &
Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 28(4) of
the Spatial Planning and Land Use Management Act 16 of 2013 the application for
the amendment to the North Scheme by Section 8, Development Facilitation Table
for the Business Centre 1 Zone in the North Scheme by the inclusion of a Fueling
and Service station as a primary land use right, be approved for the following
reasons:
● The proposed use will have no implications for any other property as
Portion 821 of Farm Lot 31 No.1560 is the only site in the North region that
is presently zoned Business Centre 1
● The application is supported based on the rapid growth in development of
the gateway precinct and new Town centre which is directly associated with
increased traffic volumes, thus creating a demand for fuelling and service
stations. The fuel and demand assessment provided by the applicant
confirms that there is sufficient demand for another fuelling and service
station without detracting from the operational viability of the existing
fuelling and service stations within the Umhlanga New Town Centre.
● The amendment to the scheme will be desirable as the purpose of the
business Centre 1 zone is to accommodate a wide range of recreational,
entertainment, shopping and creation of a harmonious well balanced
Business Centre of the highest aesthetic, landscaping and urban
design quality.
ZONE: BUSINESS
CENTRE 1
SCHEME INTENTION: The purpose of the Zone will be to accommodate a wide range of recreational, residential,
entertainment, shopping and business or economically related activities in such a way that the site contributes the
creation of a harmonious well balanced Business Centre of the highest aesthetic, landscaping and urban design quality.
MAP REFERENCE: NS / 05 / 2012 COLOUR
NOTATION: Blue with ‘BC1’ inserted
PRIMARY SPECIAL CONSENT
PRECLUDED
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• Action Sports Bar
• Arts and Crafts
Workshop
•Conservation Area
• Convention Centre
• Crèche
• Display Area
• Educational
Establishment
• Flea Market
• Fuelling and
Service Station
• Garden Nursery
• Government /
Municipal
• Health & Beauty
Clinic
• Health Studio
• Hotel
• Laundry
• Office
• Office – Medical
• Parkade
• Place of Public
Entertainment
• Private Open
Space
• Public Open Space
• Restaurant / Fast
Food Outlet
• Shop
• BTTS*
• Adult Premises
• Betting Depot
• Car Wash
• Night Club
• Pet Grooming Parlour
• Special Building
• Agricultural Activity
• Agricultural Land
• Airport
• Boarding House
• Builder’s Yard
• Cemetery / Crematorium
• Chalet Development
• Container Depot
• Correctional Facility
• Direct Access Service
Centre
• Dwelling House
• Escort Agency
• Flat
• Fuelling and Service
Station
• Funeral Parlour
• Industry - Extractive
• Industry – General
• Industry – Light
• Industry – Noxious
• Institution
• Landfill
• Mobile Home Park &
Camping Ground
• Mortuary
• Motor Garage
• Motor Display Area
• Motor Vehicle Test Centre
• Motor Workshop
• Multiple Unit Development
• Museum
• Nature Reserve
• Place of Public of Worship
• Recycling Centre
• Reform School
• Refuse Disposal
• Retirement Centre
• Restricted Building
• Riding Stables
• Scrap Yard
• Transport Depot
• Truck Stop
• Veterinary Clinic
• Warehouse
• Zoological Garden
ADDITIONAL CONTROLS
1. All landscaping to the satisfaction of the Municipality.
2. BTTS shall mean Base Telecommunications Transmission Station.
DEVELOPMENT PARAMETERS
SPACE ABOUT
BUILDINGS
DWELLING
UNITS PER
HECTARE
MINIMUM
ERF SIZE
HEIGHT
IN
STOREYS
COVERAGE FLOOR AREA
RATIO
BUILDING
LINE
SIDE &
REAR
SPACE
5.0 m 5.0 m Not Applicable One
Hectare
5 35 % 0.75
As some Councillors were not in support of the above-mentioned
recommendations of the Executive Committee, and with majority of the
Councillors being in support of the recommendations, the matter was put
to the vote.
With 172 Councillors present, 109 Councillors (ANC – 93, IFP – 7, IND – 3,
AIC – 2, MF – 1, TA – 1, APC – 1 and AL-JAMAH - 1) voted in favour and 6
EFF Councillors voted against. 57 DA Councillors abstained from voting.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
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3.11 Motivation for eThekwini Municipality to Enter into a Memorandum of
Understanding with the C40 Cities Finance Facility (32/1/4/1):
(Page 177: Economic Development and Planning Committee - Agenda 2018-02-15)
At the Executive Committee it was requested that further information is required to
obtain details of the Sihlanzimvelo Programme, its role in the greater scheme of
things and successes achieved to date. Committee was also requested to be mindful
that the Memorandum of Understanding would be signed with the C40 Cities
Finance Facility, hence a presentation was imperative, prior to signing of the
memorandum.
Accordingly,
COMMITTEE RECOMMENDS:
3.11.1 That authority be granted to eThekwini Municipality to enter into a Memorandum of
Understanding (MOU) with the C40 Cities Finance Facility in order to facilitate
support for the development of a business case, and identification of financing
options, for the Sihlanzimvelo Programme.
3.11.2 That authority be granted to the City Manager to sign MOU, alluded to in .1 above,
on behalf of eThekwini Municipality.
3.11.3 That prior to signing the MOU referred to in .1 above, a presentation be made to the
Executive Committee outlining details in respect of the Sihlanzimvelo Programme,
its role in the greater scheme of things and successes achieved to date.
MOTION TO AMEND
In terms of Rule of Order Bylaw 20(4) Councillor NI Madlala, seconded by
Councillor R Hlophe, moved as a procedural motion that the above
recommendations of the Executive Committee be amended in 3.11.3 thereof by
the deletion of the words “Executive Committee” and by the substitution
therefor of the words “Economic Development and Planning Committee” to
read as follows:
“3.11.3 That prior to signing the MOU referred to in .1 above, a presentation
be made to the Economic Development and Planning Committee
outlining details in respect of the Sihlanzimvelo Programme, its role in
the greater scheme of things and successes achieved to date.”
CARRIED
The above-mentioned motion to amend was unanimously CARRIED.
Thereafter, it was
RESOLVED:
3.11.1 That authority be granted to eThekwini Municipality to enter into a
Memorandum of Understanding (MOU) with the C40 Cities Finance Facility in
order to facilitate support for the development of a business case, and
identification of financing options, for the Sihlanzimvelo Programme.
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3.11.2 That authority be granted to the City Manager to sign MOU, alluded to
in .1 above, on behalf of eThekwini Municipality.
3.11.3 That prior to signing the MOU referred to in .1 above, a presentation be made
to the Economic Development and Planning Committee outlining details in
respect of the Sihlanzimvelo Programme, its role in the greater scheme of things
and successes achieved to date.
3.12 KwaMashu Town Centre: Skills Development Facility (17/2/2/1/2):
(Page 247 : Economic Development and Planning Committee – Supplementary
Agenda 2018-02-15)
COMMITTEE RECOMMENDS:
3.12.1 That the earlier Council resolutions of 2009-12-03, as reflected in Appendix 1,
be rescinded in total;
3.12.2 That subject to the adoption of .1 above, the Head: Real Estate be authorised to
allocate the property descripted as Erf 2 of KwaMashu P and as depicted in the
Survey Hand Plan SJ4510/5 in Appendix 2 to the eThekwini Municipality Academy
formerly known as the Skills Development Unit.
3.12.3 That subject to the adoption of .1 and .2 above authority be granted to the City
Manager to enter into a Memorandum of Agreement with Samsung Electronics
South Africa (Proprietary) Limited and Coastal KZN TVET College: and
3.12.4 That subject to the adoption of .1, .2 and .3 above, the Head: eThekwini Municipal
Academy be mandated to take a proposal for a public-private partnership, required
for the delivery of the envisaged skills development programme, to the Bid
Adjudication Committee for its consideration.
Financial details: no FC required
ADOPTED.
3.13 Planning Sector Tariffs – 2018/2019 Financial Year (7/6/1/6):
(Page 254 : Economic Development and Planning Committee – Supplementary
Agenda 2018-02-15)
COMMITTEE RECOMMENDS:
3.13.1 That the Council of eThekwini Municipality resolve in terms of section 75A of Local
Government Municipal System Act of 2000 (ACT 32 of 2000) that with effect from
2018-07-01 the tariffs set out in annexure “A” of the report of the Head:
Development Planning, Environment and Management be levied in respect of the
Planning sector.
3.13.2 That the City Manager be instructed without delay:
(i) To display a copy of this resolution and the said tariff of charges
conspicuously:-
(a) on the City Hall Notice Board, and
(b) at such other places within the Municipality as the City Manager may
determine,
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(ii) To seek to convey the information referred to in the said notice to the public
through the relevant media platforms,
(iii) To send a copy of the KZN Member of the Executive Council (MEC)
responsible for Co-operative Governance & Traditional affairs,
(iv) To publish in the Ezasegagasini Metro a notice in the following:
ETHEKWINI MUNICIPALITY
(a) A resolution of the kind contemplated in section 75A (2) of the Local
Government: Municipal Act 2000 (Act 32 of 2000) was passed by the
Municipal Council on……………….
(b) A copy of the said resolution and annexed tariff of charges is available for
inspection at:
(i) City Hall, West Street, Durban
(ii) …………………………...etc.
(c) The effective date for the implementation of the said tariff of charges is
2017-07-01.
…………………………
CITY MANAGER
ETHEKWINI MUNICIPALITY
Date………………………….....
As some Councillors were not in support of the above-mentioned
recommendations of the Executive Committee, and with majority of the
Councillors being in support of the recommendations, the matter was
put to the vote.
With 175 Councillors present, 119 Councillors (ANC – 96, IFP – 7, EFF – 7,
IND – 3, AIC – 2, MF – 1, TA – 1, APC – 1 and AL-JAMAH - 1) voted in favour
and 56 DA Councillors voted against. There were no abstentions recorded.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
3.14 Business Licensing Tariffs: 2018/2019 (7/6/1/6):
(Page 360 : Economic Development and Planning Committee – Supplementary
Agenda 2018-02-15)
COMMITTEE RECOMMENDS:
3.14.1 That all “present tariffs” as reflected in Annexure A (Tariffs 2017/2018) attached to
the report, as imposed by the municipality, be hereby rescinded with effect from
2018-06-30.
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3.14.2 That subject to the adoption of 1above the proposed tariffs including vat as set out in
Annexure A (tariffs 2018/2019), attached to the report dated 2018-01-18 be adopted
with effect from 2018-07-01.
3.14.3 That the City Manager be required:-
(i) To display a copy of this resolution and the said tariff of charges
conspicuously:-
(a) on the City Hall Notice Board, and
(b) at such other places within the Municipality as the City Manager may
determine,
(ii) To publish in the Ezasegagasini Metro a notice in the following form:
ETHEKWINI MUNICIPALITY
(a) A resolution of the kind contemplated in section 75A (2) of the Local
Government: Municipal Act 2000 (Act 32 of 2000) was passed by the
Municipal Council on……………….
(b) A copy of the said resolution and annexed tariff of charges is available for
inspection at:
(i) City Hall, West Street, Durban
(ii) …………………………...etc.
(c) The effective date for the implementation of the said tariff of charges is
2018-07-01.
(d) To seek to convey the information referred to in the said notice to the public
on East Coast Radio and Ukhozi Radio; and
(e) To send a copy of the said notice to the Provincial Minister of local
Government.
As some Councillors were not in support of the above-mentioned
recommendations of the Executive Committee, and with majority of the
Councillors being in support of the recommendations, the matter was put
to the vote.
With 175 Councillors present, 119 Councillors (ANC – 96, IFP – 7, EFF – 7,
IND – 3, AIC – 2, MF – 1, TA – 1, APC – 1 and AL-JAMAH - 1) voted in favour
and 56 DA Councillors voted against. There were no abstentions recorded.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
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3.15 Review of Tariffs: 2018/2019: Bulk Fresh Produce Market (7/6/1/6):
(Page 364 : Economic Development and Planning Committee – Supplementary
Agenda 2018-02-15)
COMMITTEE RECOMMENDS:
3.15.1 That the Council of eThekwini Municipality resolve in term of section 75A of Local
Government Municipal System Act of 2000 (ACT 32 of 2000) that with effect from
2018-07-01 the tariffs set out in annexure “A” of the report of the Head: Business
Support, Tourism and Markets dated 2018-01-02 will be levied in respect of the
Fresh produce Market.
3.15.2 That the City Manager be instructed without delay:-
(i) To display a copy of this resolution and the said tariff of charges
conspicuously:-
(a) On the City Hall Notice Board, and
(b) At such other places within the Municipality as the City Manager may
determine,
(ii) To seek to convey the information referred to in the said notice to the public
through the relevant Radio Stations,
(iii) To send a copy of the KZN Member of the Executive Council (MEC)
responsible for Co-operative Governance & Traditional affairs,
(iv) To publish in the Ezasegagasini Metro a notice in the following format:
ETHEKWINI MUNICIPALITY
(a) A resolution of the kind contemplated in section 75A (2) of the Local
Government: Municipal Act 2000 (Act 32 of 2000) was passed by the
Municipal Council on……………….
(b) A copy of the said resolution and annexed tariff of charges is available for
inspection at:
(i) City Hall, West Street, Durban
(ii) …………………………...etc.
(c) The effective date for the implementation of the said tariff of charges is
2018-07-01.
…………………………
CITY MANAGER
ETHEKWINI MUNICIPALITY
Date…………………………….
ADOPTED.
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3.16 Review of Tariffs: 2018/2019: Itinerant Traders, Street Traders, Hive Sites &
Containers (7/6/1/6):
(Page 370 : Economic Development and Planning Committee – Supplementary
Agenda 2018-02-15)
COMMITTEE RECOMMENDS:
3.16.1 That with effect from 2018-07-01 a 5% increase in tariffs be applicable as set out in
Annexure A.
3.16.2 That subject to the adoption of .1 above, the Head: Business Support Unit proceed
with negotiations of 2019/20 and 2020/21.
3.16.3 That subject to adoption of .1 above, the City Manager be directed to comply with
provision of Section 75A (3) and (4) of the said Act.
As some Councillors were not in support of the above-mentioned
recommendations of the Executive Committee, and with majority of the
Councillors being in support of the recommendations, the matter was put
to the vote.
With 174 Councillors present, 117 Councillors (ANC – 94, IFP – 7, EFF – 7,
IND – 3, AIC – 2, MF – 1, TA – 1, APC – 1 and AL-JAMAH - 1) voted in favour
and 57 DA Councillors voted against. There were no abstentions recorded.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
3.17 Review of Tariffs: 2018/2019: Retail Markets (7/6/1/6):
(Page 376 : Economic Development and Planning Committee – Supplementary
Agenda 2018-02-15)
With Executive Committee Members Mncwango and De Boer abstaining and with
Executive Committee Member Hoosen having left the meeting,
COMMITTEE RECOMMENDS:
3.17.1 That with effect from 2018-07-01 a 5% increase in tariffs be applicable as set out in
Annexure A
3.17.2 That subject to the adoption of 1 above, the Head: Business Support Tourism &
Markets Unit proceed with negotiations of 2019/20 and 2020/21.
3.17.3 That subject to adoption of .1 above, the City Manager be directed to comply with
provision of Section 75A (3) and (4) of the said Act.
As some Councillors were not in support of the above-mentioned
recommendations of the Executive Committee, and with majority of the
Councillors being in support of the recommendations, the matter was put
to the vote.
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With 171 Councillors present, 114 Councillors (ANC – 91, IFP – 7, EFF – 8,
IND – 3, AIC – 1, MF – 1, TA – 1, APC – 1 and AL-JAMAH - 1) voted in favour
and 57 DA Councillors voted against. There were no abstentions recorded.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
3.18 2017/2018 Adjustment Budget Statement for the Period Ending 2017-12-31
(7/1/2/2):
(Page 397 : Economic Development and Planning Committee – Supplementary
Agenda 2018-02-15)
With the Democratic Alliance abstaining,
COMMITTEE RECOMMENDS:
That in accordance with the provisions of Section 28 of the Municipal Finance
Management Act, and in compliance with Municipal Budget and reporting
Regulations, the adjustment request to the 2017/2018 budget for the Economic
Development and Planning cluster as reflected in Annexure “A” of the report by the
City Manager for the period ending 2017-12-31, be approved.
NOTED.
3.19 Durban’s Destination Promotion Campaign Including Event Partnerships Leveraging
for the Financial Years of 2017/2018, 2018/2019 and 2019/2020 (20/1/4/3):
(Page 425 : Economic Development and Planning Committee – Supplementary
Agenda 2018-02-15)
The Committee looked into factors impacting on tourism visitor numbers which is
also dependent on tourism by competing cities. Meanwhile the city was commended
for their initiative in supporting events thereby attracting visitors to the City.
With Executive Committee Members Mncwango and De Boer of the Democratic
Alliance abstaining on the basis that there was a downward trend in tourism figures,
COMMITTEE RECOMMENDS:
3.19.1 That Durban’s Destination Tourism Promotion Campaign for the period of February
to July 2018 as an intervention to the declined visitor numbers be approved.
3.19.2 That the annual City’s Event Partnership with various events listed events for the
financial years of 2017/2018, 2018/2019 and 2019/2020 against various City’s rights
and benefits, be approved.
3.19.3 That authority be granted to the Deputy City Manager (Economic Development and
Planning) as well as the Acting Head: Business Support Tourism and Markets Unit to
engage with the event organisers for the City’s benefits and rights to leverage and
profile the Durban destination promotion campaign.
3.19.4 That authority be granted to the City Manager to conclude contracts with the various
event partners against the partnership investment framework as outlined in the report
by the City Manager dated 2018-02-09, in compliance with the Municipal Finance
Management Act.
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Financial Implications
The budget implications for the Durban Tourism’s destination promotion campaign
event leveraging is R2 900 000.00 (Two Million Nine Hundred Thousand Rand)
excluding VAT, which has been provided for in the financial years of 2017/2018,
2018/2019 and 2019/2020.
Year No. of Events Partnership Investment
(excl.
VAT)
VAT Partnership Investment
(incl.
VAT)
2017/2018 3 R2 900 000.00 R406 000.00 R3 306 000.00
2018/2019 3 R2 900 000.00 R406 000.00 R3 306 000.00
2019/2020 3 R2 900 000.00 R406 000.00 R3 306 000.00
Vote No.: 26003.22710.30.12120.0000.53500-44.0010 R 700 000.00
26003.22710.24.12120.0000.53500-44.0010 R 2 200 000.00
F.C No. 13/12
As some Councillors were not in support of the above-mentioned
recommendations of the Executive Committee on the basis of there being a
downward trend in tourism figures, and with majority of the Councillors being
in support of the recommendations, the matter was put to the vote.
With 169 Councillors present, 105 Councillors (ANC – 90, IFP – 6, IND – 3,
AIC – 2, MF – 1, TA – 1, APC – 1 and AL-JAMAH - 1) voted in favour and 57
DA Councillors voted against. 7 EFF Councillors abstained from voting.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
4. REQUEST TO BORROW R1.0 BILLION FOR CAPITAL PROJECTS (7/3/1/1/2)
(Page 26)
The importance for the City to endeavor to collect amounts owed by other
government departments prior to considering borrowing was stressed.
Clarity was then provided that the borrowing was in respect of Capital projects with
all the necessary National Treasury compliance having been met and further that
cognizance is taken of the intention to increase debt collection.
Thereafter,
COMMITTEE RECOMMENDS:
4.1 That Council grants approval, in principle, for the raising of long term debt finance
for capital projects of R1 Billion (One Billion Rand), at a fixed interest rate for a
tenor of fifteen (15) years, as approved in the medium term budget from the preferred
lender - Nedbank Limited, subject to Section 46 of the Local Government: Municipal
Finance Management Act No. 56 of 2003 read with the Municipal Regulations of
Debts Disclosure issued under Notice GNR dated 05 June 2017.
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4.2 That authority be granted to the Deputy City Manager: Finance in consultation with
the Acting Head: Legal and Compliance to engage in discussions with
Nedbank Limited to agree, in principle, upon the final terms of the loan agreement,
for approval by the Council in accordance with Section 46(2) of the Local
Government: Municipal Finance Management Act No. 56 of 2003.
Councillor MM Mthembu, seconded by Councillor BA Fortein, proposed that in
view of further discussions which needed to take place in respect of the above
matter, consideration of the above recommendations of the Executive
Committee be DEFERRED to a special meeting of the Council.
As the above-mentioned proposal was unanimously agreed by Councillors,
it was,
RESOLVED:
That in view of further discussions which need to take place, consideration of
the item entitled Request to Borrow R1.0 Billion for Capital Projects, be
deferred to a special meeting of the Council to be held on or before
28 February 2018.
5. TOOLS OF TRADE: IN TERMS OF GOVERNMENT GAZETTE NOTICE NO
41335 DATED 15 DECEMBER 2017 (3/5/4)
(Page 124)
COMMITTEE RECOMMENDS:
That the contents of the Kwazulu-Natal Department of Co-operative Governance &
Traditional Affairs’ circular No 1 of 2018 dated 22 January 2018 entitled Tools of
Trade: In terms of Government Notice No 41335 dated 15 December 2017 be noted,
as it relates to the requirement to obtain concurrence of the MEC of COGTA should
the Municipality opt to grant official accommodation and furniture for Mayors, and
also outlines the process as well as compliance requirements in relation to the
provision of personal security to Councillors.
NOTED.
6. PROGRESS REPORT ON ETHEKWINI GROUNDWATER FEASIBILITY
STUDY (23/1/4)
(Page 126)
It was considered important to obtain funding from the Integrated City Development
Grant (ICDG) for the eThekwini Groundwater Feasibility Study, it being noted that a
comprehensive report would be submitted to a future meeting of the
Executive Committee.
COMMITTEE RECOMMENDS:
6.1 That the progress report on the Groundwater Feasibility Study which is a research
and development initiative and entails the investigation of the feasibility of utilizing
groundwater as a resource within the eThekwini Municipality, be noted, it being
recorded that the study will be over a period of 30 months and will directly address
numerous issues, namely; status quo, baseline groundwater conditions, water supply
and availability of the water aquifers.
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6.2 That whilst provision has been made in the 2018/2019 and 2019/2020 financial years
to undertake the project at a cost of R20 000 000,00 (Twenty Million Rand) and in
order not to over-burden the ratepayers, the budget for the study be obtained from the
Integrated City Development Grant and that a comprehensive report be submitted to
a future meeting of the Executive Committee.
ADOPTED.
7. REPORT ON INVESTMENTS FOR THE PERIOD 31 DECEMBER 2017 TO
31 JANUARY 2018 (7/11/4)
(Page 131)
COMMITTEE RECOMMENDS:
That the report on investments for the eThekwini Municipality as at 2018-01-31,
which records the total funds invested at financial institutions as R6 352 000.00
(Six Million, Three Hundred and Fifty Two Thousand Rand) at an average rate of
return on investments of 8.01%, as submitted by the City Manager and detailed in his
report dated 2018-02-16, in line with the requirements of the Municipal Cash
Management and Investment Regulations of the Municipal Finance Management
Act, 2003, be noted.
NOTED.
8. REPORT ON AWARDS MADE BY THE CITY FOR THE MONTH OF
JANUARY 2018 (9/1/3)
(Page 137)
The Committee interrogated the awards made by the City during the month of
January where certain issues had been raised about continued utilization of Section
36 to award tenders, ensuring companies submit tax numbers and clarity being
provided on the acquisition of the land in respect of Rainbow Chicken farm.
In the circumstances
COMMITTEE RECOMMENDS:
8.1 That the report of the City Manager dated 2018-02-12 relative to awards made by the
City for the month of January, as presented, be noted.
8.2 That it be noted that where the information is available for wards and registration
numbers, it is included in the report, as information used to compile the report is
taken from submissions made by the Units.
8.3 That the City Manager reserves the right to investigate the awards with a view to
taking disciplinary, criminal and recovery actions where willful and negligent
violation of Supply Chain Management Policies and Municipal Finance Management
Act provisions are observed.
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8.4 That the City Manager shall table a report to the Committee relative to the
disciplinary, criminal and recovery actions taken, it being recorded that the
City Manager can only respond when the reports are available.
Recommendations 8.1 and 8.2 NOTED and Recommendations 8.3 and 8.4
ADOPTED.
_______________
(The undermentioned Third Report of the Executive Committee was presented
by Her Worship the Mayor, Councillor ZRT Gumede earlier on in the
proceedings)
_______________
THIRD REPORT OF THE EXECUTIVE COMMITTEE (Special meeting held 2018-02-22)
PRESENT : Executive Committee Members ZRT Gumede (Mayor and Chairperson),
F Peer (Deputy Mayor), HU De Boer, BA Fortein, S Hoosen, SA Kaunda,
ZM Mncwango, MM Mthembu, MS Nkosi and ZR Sokhabase.
______________
1. ETHEKWINI MUNICIPALITY ADJUSTMENTS BUDGET 2017/2018 (7/1/3/2)
(Page 1)
The adjustments budget 2017/18 has been scrutinized by the relevant Council
Portfolio Committees to critically analyze aspects relating to the Municipal Clusters
falling within their jurisdiction. There is no additional funding required but the
adjustments budget entails the reallocation of budgets between votes to ensure
operational efficiencies as well as reprioritization of projects. Other elements of the
adjustments budget involve the adjustments in respect of grant funding allocation to
the Municipality as well as repairs and maintenance to infrastructure as a result of
storm damage. The Municipality has satisfied the requirements by the National
Treasury in undertaking the adjustments budget and is also in compliance with the
requirements of Section 28 of the Municipal Finance Management Act.
The Executive Committee Members of the Democratic Alliance and the Inkatha
Freedom Party recorded their abstention at this stage until the adjustments budget is
discussed at their respective Caucuses.
With the majority Executive Committee Members of the African National Congress
supporting the adjustments budget in view of necessary compliance requirements
having been achieved,
COMMITTEE RECOMMENDS:
1.1 That in accordance with the provisions of Section 28 of the Municipal Finance
Management Act and in compliance with the Municipal Budget and Reporting
Regulations, the adjustments to the 2017/2018 Budget of eThekwini Municipality
(Parent Municipality) as reflected in Annexure ‘A’ of the report of the City Manager
dated 2018-02-20, be approved, it being recorded that the approval of the capital
adjustments budget constitutes project approval of the specific projects.
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1.2 That the adjustment budgets of the eThekwini Municipal Entities as approved by the
respective Board of Directors and reflected in Annexure ‘B’ of the report of the
City Manager dated 2018-02-20, be noted, in compliance with Section 87 of the
Municipal Finance Management Act.
During discussion some Councillors indicated that they were not in support of
the above-mentioned recommendations of the Executive Committee, contending
that poor planning had led to the budget not being utilized within the financial
year. The point was also made that there had been insufficient time to peruse
the adjustments budget in view of the documents not being circulated timeously.
However, majority of the Councillors indicated their support for the
adjustment in the budget, citing that due to unexpected delays it had not been
possible to complete projects within the financial year and therefore the funds
needed to be utilized for other projects in an endeavor for service delivery to
progress. Further it was also explained that the Adjustments Budget had been
submitted to all Support Committees for consideration in the first instance.
The matter was thereafter put to the vote. With 194 Councillors present,
120 Councillors (ANC – 111, IND – 3, AIC – 2, MF – 1, TA – 1, MOSA – 1 and
APC – 1) voted in favour and 58 DA Councillors voted against. 16 Councillors
(IFP – 7, EFF – 8 and AL JAMA-AH – 1) abstained from voting.
The above recommendations of the Executive Committee were, by the
majority vote, ADOPTED.
________________
REPORT OF COMMITTEE DECISIONS
1. COMMUNITY SERVICES COMMITTEE
Meeting held on : 2017-11-23
2. EXECUTIVE COMMITTEE
Meetings held on : 2018-01-23
: 2018-01-30
3. SPEAKER’S COMMITTEE
Meeting held on : 2018-01-29
NOTED.
_______________
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ITEMS FOR NOTING
The Items for Noting, reflected on Page 28 of the Agenda were NOTED.
__________________
The meeting terminated at 16:00
CONFIRMED AT THE MEETING OF THE ETHEKWINI COUNCIL ON 2018-03-28
SPEAKER