oversight committee report 2007 08 - nelson …€¦ · · 2009-03-22... l j de villiers, d b...

________________________________________________________________________________ Nelson Mandela Bay Metropolitan Municipality : Oversight Committee Report

OVERSIGHT COMMITTEE REPORT ON

2007/08 ANNUAL REPORT


OVERSIGHT COMMITTEE MEMBERS:

Councillor B C Williams (Chairperson)

Councillor N R Captain

Councillor L J de Villiers

Councillor D B Haddon

Councillor E Johnson

Councillor P B Lonake

Councillor N S Magopeni

Councillor M Odayar

Councillor M D Seti

Councillor Z J Seale

Councillor R V Williams


TABLE OF CONTENTS

FOREWORD BY THE CHAIRPERSON ....................... .......................................... 1

1. BACKGROUND ....................................... ...................................................... 3

2. PROCESS FOLLOWED BY COUNCIL ......................... ................................ 4

3. CONCLUSIONS AND RECOMMENDATIONS .................... ......................... 5

4. COUNCIL RESOLUTIONS ............................... ............................................. 9

ANNEXURES

ANNEXURE “A” : MINUTES OF EACH OVERSIGHT COMMITTEE M EETING ............. 11

ANNEXURE “B” : NOTES ON PROCEEDINGS OF PUBLIC PARTICI PATION

PROCESS WITH STAKEHOLDERS AND SOCIAL PARTNERS IN

RESPECT OF 2007/08 ANNUAL REPORT .................. ..................... 58

ANNEXURE “C” : ADVERTISEMENTS OF OVERSIGHT COMMITTEE MEETINGS

AND INVITATIONS TO PUBLIC TO PARTICIPATE............. .............. 77


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FOREWORD BY THE CHAIRPERSON

The key to good local governance is a commitment to accountability, transparency and service delivery. At the end of each financial year, the Municipality is required to give account of its performance, in the form of an annual report. The mandate of the Council-appointed Oversight Committee is to analyse and review the Municipality’s performance for the previous year and make recommendations. The Oversight Process also promotes public participation and involvement in the analysis of the Municipality’s performance. To achieve this, five Oversight Committee meetings and ten public participation meetings were held. These meetings, as well as the availability of copies of the 2007/08 Annual Report at various municipal offices, were published in the press and on the municipal website, to ensure public participation and attendance. The Oversight Process was undertaken at a time when the Municipality was preparing for by-elections in eight wards and a two-week recess for Councillors. It is regrettable that some Councillors serving on the Oversight Committee decided to limit their participation during the last three meetings. Despite this, the work of the Oversight Committee continued and we were able to complete the Oversight Report in time. I am proud to present to you this third Oversight Report on the Annual Report for the 2007/08 financial year. I am encouraged by the marked improvement in the level of institutional performance, the quality of the Annual Report, and the quality of the Oversight Committee meetings and engagements. Notable achievements of the institution in the year under review include the following:

(a) Achieving an unqualified audit report from the Auditor-General (b) Improving capital expenditure from 87,60% (for 2006/07) to 98,67%

(for 2007/08) (c) Improving revenue collection to 99% (d) Acceleration of basic service delivery (e) Receiving the Vuna Award as first runner-up : Best Metropolitan

Municipality in South Africa (f) Ongoing improvement in municipal administration


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However, the Committee is mindful of and acknowledge the challenges that

still await, such as:

(a) Broadening access to basic services

(b) Need for continued improvement in housing delivery

(c) Need to eliminate illegal dumping

(d) Need to accelerate the implementation of the EPWP and other

poverty eradication and job creation initiatives

Finally, I would like to commend my fellow Oversight Committee members for

their hard work and commitment. They are Councillors M Odayar, M D Seti,

E Johnson, N R Captain, N S Magopeni, R V Williams, L J de Villiers,

D B Haddon, P B Lonake and Z J Seale. I would also like to thank the

municipal officials for their support in the Oversight Process. A special word

of thanks must go to the Office of the Auditor-General as well as the Audit

Committee for their valuable input.

On behalf of the Oversight Committee

COUNCILLOR B C WILLIAMS

CHAIRPERSON : OVERSIGHT COMMITTEE


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1. BACKGROUND

Local government legislation requires municipalities to prepare annual reports

on service delivery and financial performance. The requirement for an annual

report is contained in the Municipal Systems Act (MSA) Section 46 and the

Municipal Finance Management Act (MFMA) Section 121. In addition,

Circular 11 issued by National Treasury (NT) provides guidance to

municipalities on compliance with the above legislation.

A municipal annual report includes the following major elements:

• Annual performance report, comparing the year’s performance with the

performance objectives established in the IDP, Budget and SDBIPs;

• Annual financial statements (AFS), Auditor-General’s (AG) audit report

on the AFS and management’s responses to address the AG’s audit

findings;

• Other disclosures, as required by the MFMA in Sections 121, 123, 124

and 125 (e.g. Councillor and top management compensation, grants,

bank accounts and investment information).

The MFMA directs the annual report to be completed and tabled in Council by

31 January for the financial year ended the previous 30 June. Council must

then review the annual report and adopt an oversight report containing its

comments within 60 days, normally by the end of March.

MFMA Section 129 (1) and National Treasury’s (NT) Circular 32 direct and

guide the oversight process and the preparation of the oversight report.

Circular 32 recommends that Council establish an Oversight Committee to

prepare the oversight report, to provide all Councillors with a more detailed

and comprehensive analysis of the annual report than would have been

practical otherwise. This assists Council in providing better oversight over

municipal performance.

The 2007/08 Annual Report was tabled in Council on 22 January 2009, on

schedule.


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2. PROCESS FOLLOWED BY COUNCIL

On 22 January 2009, Council appointed a multi-party Oversight Committee to

review the 2007/08 Annual Report. The Committee consists of members from

the ANC, DA and minority parties. This is the NMBMM’s third Oversight

Committee. The Committee is made up as follows:

• African National Congress – 7 members

• Democratic Alliance – 3 members

• Minority parties – 1 member

The Committee based its work on the following documents:

• 2007/08 Annual Report

• 2008/09 Mid-term Report

• 2007/08 Service Delivery and Budget Implementation Plan (SDBIP)

• 2006/07 Oversight Committee Report

• MFMA

• NT’s Circular 32 – The Oversight Report

• NT’s Circular 11 – The Annual Report

The Committee values community participation in the oversight process and

the following initiatives were made:

• Advertised in printed media (The Herald and Die Burger) and on the

municipal website, on 30 January and 6 February 2009 : the formation

and schedule of Oversight Committee meetings and an invitation to the

public to make comments on the Annual Report.

• Advertised in printed media on 13 and 16 February 2009 (The Herald

and Die Burger); 18 February 2009 (Izimvu Zabantu and PE Express)

and 19 February 2009 (UD News); and on the municipal website the

following ten public meetings to present and obtain feedback on the

Annual Report:

DATE VENUE TIME Tuesday, 17 February 2009

Old Woolboard Exchange Conference Centre, Military Road

09h00


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DATE VENUE TIME Wednesday, 18 February 2009 Reception Room, City Hall 18h00 Thursday, 19 February 2009 Gelvandale Community Hall 18h00 Monday, 23 February 2009 Linton Grange Library 18h00 Tuesday, 24 February 2009 Daku Hall 18h00 Wednesday, 25 February 2009 Babs Madlekane Hall 18h00 Thursday, 26 February 2009 Uitenhage Town Hall 18h00 Monday, 2 March 2009 Chatty Community Hall 18h00 Monday, 2 March 2009 Raymond Mhlaba Sport

Centre 18h00

Tuesday, 3 March 2009 City Hall, Reception Room, Port Elizabeth

18h00

• The meetings of the Oversight Committee were open to the public and

Councillors.

• The Office of the Auditor-General as well as the Audit Committee were

invited to participate in all Oversight Committee meetings.

3. CONCLUSIONS AND RECOMMENDATIONS

The conclusions and recommendations of the Oversight Committee are in two

sections, as reflected below:

• Compliance issues – this section contains the Committee’s comments

on whether the 2007/08 Annual Report included the items required by

the MFMA and followed the guidance provided by NT’s Circular 32.

• Other Annual Report issues – this section contains the Committee’s

substantive comments on the Annual Report and other issues raised

by the Committee.

3.1 Compliance Issues

As documented below, the Annual Report complied with the MFMA

requirements and NT guidance on the content of an annual report.


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3.1.1 MFMA requirements included in the tabled Annu al Report

• Headings and content recommended by Circular 11.

• Annual Financial Statements.

• Auditor-General’s Audit Report – The Committee acknowledges the

unqualified audit report received for the 2007/08 financial year from the

Office of the Auditor-General.

• Performance report – Performance statistics and narratives are included,

as required.

• Report of the Audit Committee.

• Conditional grants and assessment of compliance.

• Allocations to other organisations.

• Total payments for audit fees, taxes, levies, duties, pension and medical

aid contributions, and if any amounts are outstanding at year-end.

• Each bank account (name, type, balances).

• Summary of all investments.

• Information on backlogs.

• Particulars of material irregular, fruitless or wasteful expenditures and

whether recoverable.

• Salaries, allowances and benefits for each political office-bearer and top

management official.

• Arrears owed by each NMBMM Councillor.

• Comparative performance information – Actual performance compared to

the 2007/08 performance objectives, as well as performance information of

the previous year.

• Analysis of arrears.

• Auditor-General’s report on Performance Management System.

• Entity reports, for each entity.


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3.2 Other issues

The Committee acknowledges the general improvement in the quality and

reliability of information in the Annual Report, as well as the receipt of an

unqualified audit opinion from the Office of the Auditor-General.

3.2.1 How did we perform?

3.2.1.1 Waste management

The Committee recommends that a strategy and programme to deal with

illegal dumping (both refuse and builders’ rubble) be developed and

implemented. This should be complemented by by-law enforcement and

partnerships with the community and the private sector.

3.2.1.2 Public health

The Committee recommends that the hours of the availability of medical

doctors at municipal clinics be reviewed and increased. An appropriate

recommendation should be submitted to the Public Health Standing

Committee in this regard.

3.2.1.3 Local economic development – co-operatives

The Committee recommends that an audit of performance of co-operatives

assisted by the Municipality be conducted with a view to check the adequacy

of the support provided and their survival rate, after which appropriate

remedial measures must be developed. These remedial measures must find

their expression in the IDP and Budget. A framework for supporting

co-operatives broadly must be developed.


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3.2.1.4 Local economic development – broad-based economic empowerment

The Committee noted with concern the unsatisfactory progress made with

regard to tenders (both in terms of number and value) awarded to the

previously disadvantaged and recommends that the Municipality develop

appropriate initiatives to promote broad-based economic empowerment.

These initiatives should include the amendment of the Supply Chain

Management Policy, entrepreneurship support and lobbing for legislative

amendments with regard to ringfencing.

3.2.1.5 Sports development

The Committee recommends that a clear strategy on the sports development

programme be developed and implemented.

The Committee has noted with dismay that some of our municipal sports

facilities, especially in low-income areas, are in a poor state of repair and

accordingly recommends that a strategy be developed to ensure the proper

maintenance of these assets.

3.2.1.6 Arts, culture and heritage

The Committee recommends that a policy and strategy be developed to

ensure the sustainable development of local artists.

3.2.1.7 Public participation during Oversight Process

The Committee recommends that the inputs of an operational manner

received from the public during the Oversight Process be submitted to the

municipal administration for attention and that those inputs that are of a

strategic nature be included in the IDP and Budget.


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The Committee further recommends that all Councillors, including Oversight

Committee members, be more visible and participate more actively in future

oversight and public participation processes. It should be made compulsory

for all Ward and PR Councillors to attend their Ward consultation sessions.

It is further recommended that officials from service delivery directorates also

attend these ward-based consultation sessions on the annual report to

complement the Office of the Chief Operating Officer.

3.2.1.8 Ward Committees and public participation

The Committee recommends that a review of performance of Ward

Committees and their functionality be undertaken and that an amended

model/framework as well as terms of reference be developed to improve their

functionality.

3.2.1.9 Uitenhage and Despatch

The Committee recommends that an audit be undertaken into service delivery

standards and customer care in Uitenhage and Despatch and that a

programme be developed, to be integrated into the IDP and Budget.

4. COUNCIL RESOLUTIONS

4.1 Council, having fully considered the NMBMM’s 2007/08 Annual Report,

resolves that:

• the Oversight Report be adopted;

• the Annual Report be approved without reservations;

• the recommendations of the Oversight Committee reflected in Section

3.2 (3.2.1.1 – 3.2.1.9) be adopted and reported on by the relevant

Portfolio Committees and be followed up and monitored in

subsequent Oversight Committee meetings.


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4.2 Council, having fully considered the various entities’ annual reports

included in the NMBMM’s 2007/08 Annual Report, resolves that:

• The MBDA Annual Report be approved without reservations;

• The Centenary Hall Promotions Annual Report be approved with

reservations;

• The Feathermarket Promotions Annual Report be approved with

reservations.


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ANNEXURES

ANNEXURE “A” : MINUTES OF EACH OVERSIGHT COMMITTEE MEETING

First Meeting of the 2007/08 Annual Report Oversigh t Committee

(Meeting held on 2 February 2009)

PRESENT: Speaker (Chairperson) Councillor N R Captain Councillor E Johnson Councillor N S Magopeni Councillor M Odayar Councillor Z J Seale Councillor M D Seti

ALSO PRESENT: Councillor D N Biddulph Councillor J S G Davis Councillor M J De Andrade

Councillor L J De Villiers Councillor D B Haddon

Councillor E C Trent Councillor A Terblanche Councillor P W Terblanche

Councillor R V Williams

Auditor-General’s representatives (Messrs C van Dyk and C Welch) Municipal Manager Acting Chief Operating Officer (Adv. J Malobola) Chief Financial Officer Acting Executive Director: Public Health (Mr A Tolom) Director: Budget and Financial Accounting (Mr S Thys) Director: Office of the Speaker (Mr N Mqulwana) Administration Officer (Mr J Wait)

Senior Committee Secretary (Mr T Ferreira) ABSENT: Councillor P B Lonake OPENING AND WELCOME The Chairperson welcomed all Councillors, officials, the representatives of the Auditor-General and the media to the Committee’s meeting.


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APPLICATIONS FOR LEAVE OF ABSENCE / APOLOGIES No applications for leave of absence have been received. Councillor L J De Villiers at this stage indicated that he, Councillor D B Haddon, Councillor R V Williams and the other Democratic Alliance Councillors were attending this meeting of the Oversight Committee in their capacity as members of the Council, and not as members of the Committee, as established by the Council on 22 January 2009. He explained that as the brief of the Oversight Committee established in respect of the 2006/07 Annual Report had been extended by the Council on 27 March 2008 and that the Committee had therefore never been officially disbanded, the Democratic Alliance’s members were prepared to serve on that Oversight Committee only. The Chairperson pointed out that the Council had on 22 January 2009 appointed an Oversight Committee that included representatives of the Democratic Alliance and indicated that she would further investigate the recent reconstitution of the Oversight Committee by the Council. The point was also made that the representation of political parties on the Oversight Committee remained unchanged. Councillor M D Seti remarked that the Oversight Committee should not debate the merits of the Council’s decision regarding the Committee’s membership, but that concerns in this regard should rather be raised at Council level. He also enquired as to the submission of representations to the Oversight Committee, and the Chairperson pointed out that the Council established the Committee on the basis of representation. Councillor E C Trent observed that each political party had in the past been allowed to select its own representatives to serve on the Oversight Committee, and that this principle should again have been applied this year. Councillor R V Williams referred to the provisions of Section 79 of the Local Government: Municipal Structures Act No. 117 of 1998, stating that a formal resolution by the Council to disband the Oversight Committee for 2006/07 was required. He re-iterated that the Council had not taken such a formal decision to disband the Oversight Committee established to consider the 2006/07 Annual Report. However, the Municipal Manager pointed out that the Council had, in terms of Section 79, established the aforementioned Committee for a specific purpose, and that its brief was subsequently extended for a specific purpose. The Municipal Manager explained that the Council had on 22 January 2009 again established an Oversight Committee in terms of the aforementioned Section 79 for a specific purpose, i.e. to consider the 2007/08 Annual Report and to develop a draft oversight report for the consideration of the Council by 31 March 2009.


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With reference to participation by Councillors and the public in the Oversight Committee’s proceedings, the Municipal Manager pointed out that the Council’s Rules of Order would be applied in such instances. Councillor E C Trent responded that the Municipal Manager was misleading the Committee, stating that the Council had resolved to extend the 2006/07 Oversight Committee’s brief to include the monitoring of the implementation of the latter’s decisions and that that Committee had therefore not been disbanded. She referred to the establishment of Committees by the Council in terms of Section 79, stating that other Councillors were entitled to participate in the proceedings of such Committees and that political parties had the legal right to select their own representatives to serve on these Committees. The Chairperson remarked that Councillor Trent’s statements were misleading, as the Municipal Manager’s explanation was mainly in relation to the public’s participation in the Committee’s proceedings. She referred to the Oversight Committee’s minutes dated 13 February 2008, pointing out that Councillors had the right to participate in the oversight process through their various caucuses. In response to an enquiry by Councillor D N Biddulph as to the reasons why the Democratic Alliance had not been given the opportunity to select its own representatives to serve on the Oversight Committee, Councillor E Johnson remarked that it was the Council’s prerogative to determine the membership of Committees. The Chairperson explained that the Council was the highest decision-making authority in the Municipality.

REPORT BY EXECUTIVE DIRECTOR: CORPORATE SERVICES

1. 2007/08 ANNUAL REPORT: MEETINGS OF OVERSIGHT

COMMITTEE NOTED 2. 2006/07 ANNUAL REPORT: VISIT BY PROVINCIAL LEGIS LATURE

ON 1 OCTOBER 2008 Attached as Annexure “A” to these minutes, is a copy of an additional report regarding the above that was tabled at the meeting. Councillor E C Trent enquired as to why none of the Democratic Alliance’s representatives had been invited to attend the meeting with the Provincial Legislature held on 1 October 2008, stating that the Democratic Alliance had not even been notified of the pending meeting. The Chairperson explained that she had received very short notice of the meeting from the Chief Operating Officer and that she had instructed the staff in her office to check with the members of the Oversight Committee as to their availability to attend the meeting. She undertook to investigate why representatives of the Democratic Alliance had not been invited.


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Councillor L J de Villiers pointed out that the Municipal Manager had on 19 September 2008 communicated with the Executive Mayor regarding the proposed meeting with the Provincial Legislature, suggesting that sufficient notification had been received. The Municipal Manager explained that he had merely expressed his view regarding the standing of the proposed meeting to the Executive Mayor in his correspondence dated 19 September 2008 with a view to obtaining a mandate from the Mayor. He pointed out that his office had received a number of requests from Bhisho for visits to the Municipality during that time of the year. He also indicated that the date for the meeting that was proposed, clashed with a meeting of the Executive Mayor, and that the final arrangements for the meeting were finally confirmed at short notice. Councillor L J De Villiers referred to the comments by the Chairperson of the Portfolio Committee on Local Government and Traditional Affairs, Mr L Nazo, regarding the composition of the Oversight Committee. The Chairperson pointed out that she, as Speaker of the Council, was not a member of the Mayoral Committee and explained that Councillor M Odayar had been elected in view of his extensive knowledge of local government finances, budgets and the Treasury. In response to an enquiry from Councillor M J De Andrade, it was reported that Councillors N R Captain, N S Magopeni and M D Seti had also attended the aforementioned meeting with the Provincial Legislature. Councillor Trent referred to the provisions of Section 21(4) of the Public Audit Act, enquiring why the Municipal Manager had reservations about the Provincial Legislature exercising an oversight role. The Municipal Manager explained that the reasons for his view were detailed in the attached report and that his main role was to advise the Council. He pointed out that National and Provincial Legislatures had a Constitutional responsibility to exercise oversight over their own Executive, but not over local government. The Municipal Manager also indicated that his office in fact enjoyed a friendly relationship with Bhisho. Councillor L J De Villiers expressed concern over the fact that a Portfolio Councillor with executive authority was a serving member of the Oversight Committee, as Portfolio Councillors were not appointed in an advisory capacity only. The Municipal Manager explained that although National Treasury had issued guidelines for the establishment of Oversight Committees to local authorities, the Council had the statutory authority to establish an Oversight Committee only. The Municipal Manager also pointed out that Portfolio Councillors did not have executive authority over the budgets of the Council, as this was the responsibility of the Accounting Officer. Councillor R V Williams stated that Portfolio Councillors were appointed by the Executive Mayor, and that the guidelines issued by National Treasury suggested that such Councillors should not serve on Oversight Committees, as the ordinary Councillors should hold decision-makers accountable for their


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actions; a ‘soft’ oversight approach could lead to irregularities being swept under the carpet. The Chairperson pointed out that the Oversight Committee’s recommendations in respect of the 2006/07 Annual Report had been endorsed by the members of the Committee and cautioned Councillors not to make statements that could tarnish the integrity of the Oversight Committee. In respect of the statement by Mr L Nazo regarding the Municipality’s failure to comply with Section 132(2) of the Local Government: Municipal Finance Management Act, No. 56 of 2003, Councillor Trent enquired as to the reasons for this non-compliance. The Municipal Manager explained that reports were usually submitted by the Chief Operating Officer to the Secretariat of the Provincial Legislature in accordance with statutory requirements, adding that the latter had never acknowledged receipt of these reports. The Municipal Manager indicated that the Oversight Committee’s Report would be submitted to the Provincial Legislature once adopted by the Council. Councillor Trent also referred to the opinion expressed that the Audit Committee and the Oversight Committee should interact on a more regular basis, pointing out that in terms of the guidelines issued by National Treasury, Council should also obtain the views of the Audit Committee on its annual reports. The Chairperson responded that the members of the Audit Committee had been invited to attend the Oversight Committee’s meetings and received the agendas. The Municipal Manager pointed out that the members of the Audit Committee may have other commitments and may not always be available to attend the Oversight Committee’s meetings. The Municipal Manager reported that meetings of the Audit Committee were held on a quarterly basis and that the minutes of these meetings were submitted to the Executive Mayor for information. Councillor D B Haddon enquired as to the arrangements regarding meetings between the Chairperson of the Audit Committee (Mr G Zamisa), the Executive Mayor and the Municipal Manager. The Municipal Manager stated that while such meetings had been scheduled in the past, they had had to be cancelled, due to the exigencies of Mr Zamisa’s programme, He indicated that the Executive Mayor and he would continue to engage Mr Zamisa with a view to meeting with the latter. It was pointed out that all Executive Directors had been instructed to attend the meetings of the Audit Committee, as this process was considered to be an important management tool. Councillor M D Seti stated that shortcomings in the previous oversight process would be addressed and improved as the current process unfolded, and suggested that the Provincial Legislature should be invited to address the Oversight Committee during this process. Referring to the report on the meeting with Mr Nazo, Councillor E Johnson pointed out that the latter had congratulated the Municipality on the oversight process followed. Councillor De Villiers enquired as to the number of Audit Committee minutes submitted to the Council during the previous year. The Municipal Manager


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explained that it was standard procedure for the minutes to be submitted to him and, thereafter, the Executive Mayor. The Chairperson requested that a report on the number of Audit Committee meetings held during 2008, including the dates on which these had been submitted to the Executive Mayor, be submitted to the Committee’s next meeting. Councillor Trent stated that no reports on the Audit Committee’s meetings had been submitted to the Council during 2008, pointing out that the Chairperson of the Audit Committee had expressed concern over the fact that risk management continued to be a problem area. At this stage, Councillor Seti raised the issue of representation by the Democratic Alliance on the Oversight Committee, and the Chairperson indicated that she would obtain clarity from the Council on 12 February 2009 in this regard. NOTED AND RESOLVED: (a) That the Chairperson investigates why representatives of the

Democratic Alliance had not been invited to the meeting with the Chairperson of the Portfolio Committee on Local Government and Traditional Affairs, Mr L Nazo, held on 1 October 2008.

(b) That a report on the number of Audit Committee meetings held during

2008, including the dates on which the minutes of these meetings had been submitted to the Executive Mayor, be submitted to the Committee’s next meeting.

(c) That the Chairperson obtains clarity from the Council regarding the

membership of the Democratic Alliance of the Oversight Committee. (The meeting adjourned at 10:25 for refreshments and resumed at 10:40.) 3. EVALUATION OF PROGRESS MADE WITH IMPLEMENTATION OF

OVERSIGHT COMMITTEE’S RECOMMENDATIONS IN RESPECT OF 2006/07 ANNUAL REPORT

The Chairperson pointed out that certain issues that appeared in the Oversight Committee’s Report for 2006/07 may have been repeated in the 2007/08 Annual Report, and that these would be addressed as the process unfolded. Councillor L De Villiers referred to the Foreword by the Chairperson and enquired as to the progress made with the enhancement of the Council’s oversight role. The Chairperson pointed out that the Audit Committee had been invited to attend the Oversight Committee’s meetings. Councillor R V Williams referred to paragraph 2 – Process Followed By Council, and the public meeting with the Uitenhage Residents’ Association


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held on 18 March 2008, pointing out that a response from the Municipality to the input received, was still outstanding. He queried the accuracy of the statement that a high priority had been placed on public participation during the 2006/07 oversight process. The Chairperson pointed out that the Council had already adopted the report on 27 March 2008, and that it would not be possible to amend the report at this stage. He remarked that although a high priority was placed on public participation, the desired outcome may not have been achieved at the time. Councillor E Trent, referring to paragraph 3.1.1 – MFMA requirements included in the tabled Annual Report, stated that not all instances of fruitless/irregular expenditure had been included in the 2006/07 Annual Report (e.g. ISODEF investigation and the actions taken against staff involved). She stated that the outcome of the disciplinary case had not yet been reported. The Municipal Manager pointed out that the Committee had not taken a specific resolution in this regard. It was explained that it was not the intention to include all details of issues in Annual Reports and that the Committee should request detailed information on matters as and when considered necessary when considering an Annual Report for a particular financial year. The point was also made that reports in relation to a number of issues raised during the 2006/07 oversight process had been included in various Standing Committee and Council agendas, and that a detailed report regarding the ISODEF case had been submitted to Council. Councillor E Trent expressed concern over the delays experienced in respect of disciplinary cases. The Municipal Manager explained that the Council (as the employer) was bound by processes and procedures that had to be followed and that the employee concerned, Mr Hani, had on several occasions submitted sick leave certificates from a psychiatrist indicating that the former was suffering from stress and was unfit to be subjected to a disciplinary hearing. He also pointed out that, as a next step, the employee would be required to be evaluated by a psychiatrist appointed by the Municipality and that all possible measures would be taken to get the accused to a disciplinary enquiry. In respect of paragraph 3.2.1.1 – Water and sanitation information, Councillor L De Villiers stated that detailed information regarding water quality monitoring and testing had not been included in reports to the Infrastructure, Engineering and Energy Committee or the Public Health Committee. He pointed out that Councillor A Lovemore had to obtain this information through the Access to Information Act. The Municipal Manager explained that a format for the reports had been established and that he had instructed the relevant directorates to include this information in the reports to the aforementioned Standing Committees. Councillor Trent stated that the information had not been included in the Agendas, but the Municipal Manager confirmed that the relevant officials had been informed of the information that should be included in these reports to the Standing Committees. Referring to the need for specific information by Councillors during the oversight process, the Municipal Manager requested that Councillors give notice in advance of any such specific detailed information that may be required.


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Regarding paragraph 3.2.1.5 – Annual Audit Plan, Councillor Trent pointed out that the Oversight Committee’s recommendation that the Audit Committee’s reports should be submitted to Council had not been implemented, and the Chairperson pointed out that a report in this regard would be submitted to the Oversight Committee’s next meeting. With regard to paragraph 3.2.1.6 – Housing, Councillor L De Villiers enquired whether an integrated housing list had been established. The Municipal Manager confirmed that this had been done. In respect of paragraph 3.2.1.7 – Entities, Councillor E Trent pointed out that the Municipality had one entity only, namely the Mandela Bay Development Agency, remarking that the Feather Market Promotions and Centenary Hall Promotions performed poorly. The Municipal Manager reported that both Feather Market Promotions and Centenary Hall Promotions had been incorporated under the Corporate Services Directorate. Referring to paragraph 3.2.1.9 – Capital Programme, Councillor L De Villiers enquired as to what had been done to address the shortage of professional and technical skills and the progress made with Province rgarding the delays in issuing environmental impact assessments. The Municipal Manager pointed out that a Recruitment Policy had been approved, that the Municipality was aggressively approaching skilled individuals with a view to employment, and that measures were being implemented to retain scarce skills. Regarding environmental impact assessments, it was also explained that additional consultants had been appointed to assist with this process and that the working relationship with the Provincial Department had improved. Although some progress had been made with the issuing of environmental impact assessments, the time-frames involved were still far from ideal. In respect of paragraph 3.2.1.11 – Bursaries and internships, Councillor R V Williams enquired as to the progress made with the implementation of the Committee’s recommendations. The Municipal Manager explained that measures had been implemented to ensure a transparent process, such as advertising in the media, and that bursaries had been used as a recruitment tool at universities. With regard to paragraph 3.2.1.12 – Ward Committee System, Councillor N R Captain enquired whether the deficiencies as identified by the Oversight Committee had been addressed. It was suggested that the Executive Director: Corporate Services submit a report in this regard to the Oversight Committee’s next meeting. Referring to paragraph 3.2.1.15 – Mendi Road Bottle Store Development, the Chairperson indicated that a report in this regard had been submitted to the Recreation and Cultural Services Committee and suggested that the Executive Director: Economic Development and Recreational Services submit a report on the progress made in this regard to the Committee’s next meeting.


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Regarding paragraphs 3.2.1.16 and 3.2.1.17 – Health and Refuse Collection, Councillor E Johnson enquired as to the progress made with the issue of unfunded mandates and stated that refuse was collected in certain areas on a fortnightly basis only. She enquired as to the progress made with the implementation of the Committee’s recommendations. The Municipal Manager reported that the process for the devolution of primary health care to local level had been suspended by the MEC at the time. It was explained that the construction of clinics was funded from MIG funds, although no additional operating funds had been made available by Province, that calculated the assistance required by local authorities after the commencement of the latter’s financial year. It was also reported that it had been agreed with Province to complete the audit of the service and service levels required, and that a set of standards for primary health care should be developed in order to determine a proper basis for the co-funding of primary health care services. With reference to the fortnightly collection of refuse in certain areas, it was suggested that Councillor Johnson submit a motion in this regard to the Public Health Committee. The Municipal Manager stated that illegal dumping continued to be a problem in certain areas and that a Task Team had been established to deal with this challenge. He indicated that mechanisms taken, included the establishment of “name and shame”, Cleansing Co-operatives, the waste exchange programme, and the involvement of the public. It was agreed that the Executive Director: Public Health should submit a report to the Oversight Committee’s next meeting on the measures implemented thus far to address the problem of illegal dumping. Referring to paragraph 3.2.2.3 – Councillor arrears on consumer accounts, it was reported that Councillors had been instructed to settle their arrear accounts and that the Budget and Treasury Directorate had advised that no Councillor accounts were in arrears more than 90 days at this stage. In respect of paragraph 3.2.2.5 – Supply Chain Management Policy, Councillor De Villiers stated that the outcome of the investigation regarding Note 38.2 (Supply Chain Management Policy not followed) to the 2006/07 Financial Statements had to date not been reported to the Oversight Committee. It was agreed that the report should be submitted to the Committee’s next meeting. With regard to paragraph 4.4, the point was made that meetings of the Oversight Committee to monitor and evaluate the implementation of its resolutions had not been held due to other priorities at the time. The Chairperson indicated that specific meeting dates would be identified by her at a later stage in order to ensure that the meetings would be held for the purposes of the 2007/08 Annual Report. Regarding paragraph 4.6, the Chairperson suggested that the issue of public participation workshops for Ward Councillors to educate them on the role of the Annual Report be included in the report on the Ward Committee System by the Executive Director: Corporate Services.


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Councillor J S G Davis enquired as to the reasons for the closure of the Brister House Clinic. The Chairperson stated that as the matter was not on the agenda, Councillor Davis should rather direct it to the relevant Standing Committee. RESOLVED: (a) That the Executive Director: Corporate Services submit a report on the

steps taken to address the deficiencies pertaining to the Ward Committee system as identified by the Oversight Committee during 2008 to the Oversight Committee’s next meeting, including the issue of public participation workshops for Ward Councillors to educate them on the role of the Annual Report.

(b) That the Executive Director: Economic Development and Recreational

Services submit a report on the progress made to resolve the financial and other issues required to transform the Mendi Road Bottle Store into an arts centre, to the Oversight Committee’s next meeting.

(c) That the Executive Director: Public Health submit a report to the

Oversight Committee’s next meeting on the measures implemented thus far to address the problem of illegal dumping.

(d) That a report regarding the outcome of the investigation pertaining to

Note 38.2 (Supply Chain Management Policy not followed) to the 2006/07 Financial Statements be submitted to the Oversight Committee’s next meeting.

4. AUDITOR-GENERAL’S REPORT FOR 2007/08 The Chairperson requested, and the Committee agreed, that consideration of the matter be deferred to the Oversight Committee’s next meeting in view of time constraints. 5. IDENTIFICATION OF ISSUES TO BE RAISED WITH AUDIT OR-

GENERAL The Chairperson requested, and the Committee agreed, that consideration of the matter be deferred to the Oversight Committee’s next meeting in view of time constraints. The Chairperson also requested that political parties in the meanwhile identify issues they wished to raise with the Auditor-General, and to forward same to her office prior to the next meeting.


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6. 2007/08 ANNUAL REPORT: PUBLIC PARTICIPATION PROC ESS Attached as Annexure “B” to these minutes is a copy of a draft public participation programme that was tabled at the meeting. The Chairperson pointed out that the programme would be developed further to accommodate the Committee’s input. The Chairperson stated that it was necessary for the Oversight Committee to have a briefing session with Ward Councillors on the oversight process, with the view to the latter having constituency meetings in their respective Wards on the 2007/08 Annual Report and that a programme in this regard be developed by the Chief Operating Officer in conjunction with the Director: Constituency Co-ordinator. It was also suggested that formal participation meetings should be held with external stakeholders, all the various sectors and organised labour. Furthermore, the point was made that Standing Committees should be requested to highlight issues contained in the 2007/08 Annual Report that were relevant to their respective portfolios, to the Oversight Committee, as well as the input from political caucuses. Councillor M J De Andrade stated that, in addition to The Herald and Die Burger, the public participation meetings should also be advertised in the free community newspapers such as the PE Express, Algoa Sun and UD News. She also re-iterated that feedback should be provided on the inputs received during this process. Councillor De Andrade also suggested that at least three participation meetings for the various Ward Committees be included in the programme, and that a strategic plan for the participation process should be developed. The point was also made that directorates should provide formal responses to those who made inputs during the public participation process. Councillor L J De Villiers stated that strategic venues for the public participation meetings should be evenly spread throughout the Metro, as this would result in better participation by the public, pointing out that no provision had been made for the western suburbs in the draft programme. Councillor M D Seti suggested that the Annual Report public participation process be held in conjunction with the Integrated Development Plan (IDP) review process, but it was pointed out that the Council had already approved the time-frames for the IDP, and that the statutory deadlines for the adoption of an Oversight Report did not correspond with those of the IDP processes. Councillor M D Seti also suggested that copies of the 2007/08 Annual Report be made available to all Ward Committee members. However, it was pointed out that this would not be cost effective in view of the bulk of the document and the large number of Ward Committee members. It was pointed out that the Annual Report was available on the Municipality’s website and at all municipal buildings throughout the Metro, including municipal libraries, and that the Annual Report had been circulated to all Councillors in electronic format (i.e. on disk). The Chairperson suggested that the Chief Operating Officer develop an abridged version of the Annual Report for circulation to Ward Committees.


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RESOLVED: (a) That the Oversight Committee meet with Ward Councillors with a view

to having a briefing session on the oversight process, and that the latter have constituency meetings in their respective Wards on the 2007/08 Annual Report, and that formal participation meetings be held with external stakeholders and the various sectors.

(b) That Standing Committees be requested to highlight issues contained

in the 2007/08 Annual Report that were relevant to their respective portfolios, to the Oversight Committee.

(c) That, in addition to The Herald and Die Burger, the public participation

meetings also be advertised in free community newspapers such as the PE Express, Algoa Sun and UD News.

(d) That the draft public participation programme, attached as Annexure

“B” to these minutes, be reviewed by the Chief Operating Officer with a view to accommodating the input made in the preamble above.

(e) That directorates provide formal responses to those who made inputs

during the public participation process. 7. 2007/08 ANNUAL REPORT The Chairperson requested, and the Committee agreed, that consideration of the matter be deferred to the Oversight Committee’s next meeting in view of time constraints. The meeting terminated at 12:15. CHAIRPERSON


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Second Meeting of the 2007/08 Annual Report Oversig ht Committee


PRESENT: Speaker (Chairperson) Councillor N R Captain Councillor L J de Villiers Councillor D B Haddon Councillor E Johnson Councillor P B Lonake Councillor M Odayar Councillor Z J Seale Councillor M D Seti Councillor R V Williams

ALSO PRESENT: Councillor M J De Andrade Councillor T Herbst Councillor N G Swartz Councillor E C Trent Chairperson: Audit Committee (Mr Z G Zamisa)

Auditor-General’s Representatives (Messrs C van Dyk and C Welch) Municipal Manager Chief Operating Officer Chief Financial Officer Executive Director: Corporate Services Acting Executive Director: Electricity (Mr R Harris) Executive Director: Housing and Land Acting Executive Director: Public Health (Ms N Zamxaka) Director: Budget and Financial Accounting Director: Office of the Speaker Director: Beaches and Resorts Director: Fire and Emergency Services Assistant Director: Management Services (Infrastructure and Engineering) Chief Accountant (Ms M Freeman) Administration Officer (Mr J Wait)

Senior Committee Secretary (Mr T Ferreira) ABSENT: Councillor N S Magopeni APPLICATIONS FOR LEAVE OF ABSENCE / APOLOGIES No applications for leave of absence have been received.


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It was reported that an apology had been received from the Executive Director: Infrastructure and Engineering, as he had to attend the meeting of the Infrastructure, Engineering Energy Committee, and that the Executive Director: Economic Development and Recreational Services was out of town. DISCLOSURE OF INTERESTS BY COUNCILLORS AND OFFICIAL S No disclosures were made. CONFIRMATION OF MINUTES The Chairperson referred to the attendance list as contained in the Committee’s minutes dated 2 February 2009, pointing out that the names of Councillors De Villiers, Haddon and R V Williams should be recorded with the names of the other Committee members present, irrespective of the views expressed at the Committee’s aforementioned meeting by the Democratic Alliance’s members, as the Committee had been established by the Council on 22 January 2009. Councillor De Villiers reiterated that the Democratic Alliance did not support this view and recorded his objection to the Chairperson’s statement. Councillor E Trent referred to her statement regarding the selection of representatives by political parties to serve on the Oversight Committee, as reflected on page 2 of the Committee’s minutes dated 2 February 2009, pointing out that the word “principle” should be replaced with “right”. She also referred to the third paragraph on page 8 of the Committee’s aforementioned minutes, stating that the names of those Councillors in arrears for more than 90 days had been reflected on the financial statements for 2006/07. However, the Chairperson pointed out that she had reported to the Committee on 2 February 2009 that she had received reports from the Budget and Treasury Directorate that indicated that no Councillors’ accounts were in arrears for more than 90 days as at January 2009. Councillor De Villiers, in respect of paragraph (b) of the Committee’s resolution regarding the minutes of the Audit Committee, as reflected on page 5 of the Committee’s minutes dated 2 February 2009, stated that the dates on which the Audit Committee’s minutes had been submitted to the Council during 2008, and not to the Executive Mayor, should be reflected in the report. At this stage the committee went through the resolutions page by page and enquired as to the progress made with the implementation of same (the proceedings of which are reflected hereunder). RESOLVED: That the Minutes of Proceedings of the Annual Report Oversight Committee of its meeting held on 2 February 2009, as circulated and amended in the preamble above, be hereby confirmed.


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8. 2006/07 ANNUAL REPORT: VISIT BY PROVINCIAL LEGIS LATURE

ON 1 OCTOBER 2008: MEETINGS OF AUDIT COMMITTEE FOR 2008

In respect of the Committee’s resolution regarding the investigation into why no representatives of the Democratic Alliance had been invited to attend the meeting with the Provincial Legislature held on 1 October 2008, the Director: Office of the Speaker reported that the matter was still under investigation, and the Chairperson indicated that a written report in this regard must be submitted to the Committee’s next meeting scheduled for 24 February 2009. It was pointed out that no reports regarding the Audit Committee’s meetings had been submitted to the Council during 2008. Councillor De Villiers stated that the report to the Council on 12 February 2009 did not contain the Audit Committee’s minutes dated 28 March 2008, remarking that it should be made available to Councillors, as it contained vital information. Councillor Trent remarked that the non-submission of the Audit Committee’s minutes to the Council should be regarded as a dereliction of duty on the part of the Municipal Manager. The Municipal Manager explained that the Executive Mayor’s reports to Council reflected her decisions only and that it was not the practice to include those matters that were submitted to the Executive Mayor for information purposes. He further explained that the Council had resolved on 20 February 2003 that the Audit Committee’s Charter be amended to provide that the Minutes of the Audit Committee’s meetings be submitted to the Executive Mayor only, and that the Audit Committee should report on its activities to the Council on an annual basis. He also pointed out that the officials therefore acted pursuant to Council’s decision. The Chairperson suggested that the merits of this resolution by the Council rather be raised at the Council meeting scheduled for 12 February 2009. Councillor Trent referred to Section 166 of the Local Government: Municipal Finance Management Act, No. 56 of 2003 (MFMA), suggesting that the Oversight Committee resolve to recommend to the Council that in future the minutes of the Audit Committee should be included in Council Agendas. The Chairperson indicated that the desirability of Council’s abovestated decision should be dealt with by the Council, requesting that the legality of this decision be investigated by the Municipal Manager in the first instance. The Municipal Manager explained that the Audit Committee had been established to advise the Council, pointing out that, in his view, Section 166 of the MFMA did not impose an obligation to submit the minutes of the Audit Committee’s meetings to the Council. Councillor De Villiers referred to the Oversight Committee’s recommendation in respect of the 2006/07 Annual Report to the effect that the Audit


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Committee’s minutes be submitted to the Council, pointing out this was not being implemented. He also referred to the visit by the Provincial Legislature on 1 October 2008, stating that the Chairperson of the Portfolio Committee on Local Government and Traditional Affairs, Mr L Nazo, had indicated at the time that the Oversight and Audit Committees should work closely together. In reply to a question from Councillor Trent as to the inclusion of the Audit Committee’s minutes in the Council’s Agenda dated 12 February 2009, the Municipal Manager, explained that he and the Speaker had met as per the Rules of Order to consider the draft agenda for the Council’s forthcoming meeting, and that it had been decided to include those minutes in the Agenda, given the views expressed at the Oversight Committee meeting held on 2 February 2009. The Municipal Manager pointed out that he had been informed of the Council’s decision of 2003 subsequent to the meeting with the Speaker, indicating that he would apologise to the Council for acting contrary to the latter’s decision, if required to do so by the Council. RESOLVED: (a) That the report regarding the outcome of the investigation into why

representatives of the Democratic Alliance had not been invited to the meeting with the Chairperson of the Portfolio Committee on Local Government and Traditional Affairs, Mr L Nazo, held on 1 October 2008, be submitted by the Director: Office of the Speaker to the Committee’s meeting scheduled for 24 February 2009.

(b) That the legality of Council’s decision dated 20 February 2003

regarding the submission of the Audit Committee’s minutes to the Executive Mayor only, be investigated by the Municipal Manager in the first instance.

9. EVALUATION OF PROGRESS MADE WITH IMPLEMENTATION OF

OVERSIGHT COMMITTEE’S RECOMMENDATIONS IN RESPECT OF 2006/07 ANNUAL REPORT (3/2/9/1)

With regard to paragraphs (a), (b) and (c) of the Oversight Committee’s resolutions calling for reports from the directorates of Corporate Services, Economic Development and Recreational Services and Public Health, it was reported that these reports were still in various stages of development and could not be finalised in time for the meeting. The Chairperson indicated that it was an unacceptable state of affairs and that the required reports must be submitted to the Committee’s next meeting. Councillor Trent stated that senior officials should take the decisions of the Oversight Committee seriously. In respect of the outcome of the investigation pertaining to Note 38.2 (Supply Chain Management Policy not followed) to the 2006/07 Financial Statements, a report from the Chief Financial Officer was tabled at the meeting (refer Annexure “A” hereto), the contents of which were noted.


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RESOLVED: (a) That the Executive Director: Corporate Services submits a report on

the steps taken to address the deficiencies pertaining to the Ward Committee System as identified by the Oversight Committee during 2008 to the Oversight Committee’s meeting scheduled for 24 February 2009, including the issue of public participation workshops for Ward Councillors to educate them on the role of the Annual Report.

(b) That the Executive Director: Economic Development and Recreational

Services submits a report on the progress made to resolve the financial and other issues required to transform the Mendi Road Bottle Store into an arts centre, to the Oversight Committee’s meeting scheduled for 24 February 2009.

(c) That the Executive Director: Public Health submits a report to the

Oversight Committee’s meeting scheduled for 24 February 2009 on the measures implemented thus far to address the problem of illegal dumping.

10. 2007/08 ANNUAL REPORT: PUBLIC PARTICIPATION PRO CESS Attached as Annexure “B” to these minutes, is a copy of a revised draft public participation programme that was tabled at the meeting. The point was made that all meetings involving the public should rather commence at 18:00, as most residents would still be at work prior to that time. In respect of Wards 1 – 5, the Chairperson stated that a separate meeting for these stakeholders should be held at City Hall, as the Linton Grange Library was too far away from these Wards. Referring to the proposed meeting scheduled for 17 February 2009, Councillor De Villiers stated that this meeting should be for all Councillors, and not Ward Councillors only, and that all stakeholders should be allowed to attend any session of their choice, as this would enhance public participation. With reference to the meeting proposed for 19 February 2009, Councillor Johnson suggested that at least three additional venues/sessions be arranged for the relevant Wards, as they covered a large area. Regarding the meeting proposed for the Uitenhage area, the point was made that a separate meeting also be arranged for the residents of KwaNobuhle. Councillor Odayar pointed out that it may be necessary to conduct more than one session at a time. The Chairperson stated that the Ward Cluster system should be used to determine the meetings for the various areas, requesting that the revised


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schedule incorporating the above amendments be circulated to the members after the meeting. RESOLVED: That the draft public participation programme attached as Annexure “B” to these minutes, be reviewed by the Chief Operating Officer with a view to accommodating the input made as set out in the preamble above, and that the revised schedule be circulated to members after the meeting. (The meeting adjourned at 10:00 and resumed at 10:25.) 11. AUDITOR-GENERAL’S REPORT FOR 2007/08 / IDENTIFI CATION

OF ISSUES TO BE RAISED WITH AUDITOR-GENERAL The Auditor-General’s representative, Mr C van Dyk, elaborated on the Auditor-General’s Report on the Municipality’s financial statements and performance information for the year ended 30 June 2008, explaining the format of the report and highlighting various aspects of the report. It was reported that Councillor Trent had submitted various questions in respect of the Auditor-General’s Report to the Chairperson (refer Annexure “C” hereto). With regard to Councillor Trent’s question 1, it was explained that full details of the audit were contained in the Management Report submitted to the Municipal Manager. Councillor Trent requested that the Management Report be submitted to the Oversight Committee. In respect of the practice to amend financial statements during audits, Mr Van Dyk pointed out that this practice was in accordance with the promulgated audit standards. The Municipal Manager explained that the financial statements were drawn up in accordance with how the officials interpreted the promulgated accounting standards and that in some instances this interpretation differed from that of the Auditor-General, necessitating the amendment of the financial statements during the audit process. The Chairperson indicated that a copy of the Management Report should be submitted to the political parties and the members of the Oversight Committee, in view of the bulk of the document. In respect of Councillor Trent’s question 2, Mr Van Dyk explained that the Management Report was silent on those recommendations implemented since the prior year’s audit. The Municipal Manager pointed out that the statement by Auditor-General related to the audit conducted by external auditors on behalf of the Auditor-General. Councillor M Odayar pointed out that, notwithstanding the Auditor-General’s comments, the Municipality had received an unqualified report. The Municipal Manager pointed out that the internal audit processes drew Management’s attention to various controls, processes and procedures that may require


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further attention. The point was also made that an action plan had been implemented to address areas that may require attention, that the Auditor-General had recognised this process, and that there was ongoing engagement between the Municipality and the Auditor-General in that regard. Referring to Councillor Trent’s question 3, the Municipal Manager explained that the Auditor-General conducted the audit against a set of accounting standards as promulgated by the Accounting Standards Board, but that standards for performance auditing had not been promulgated as yet and that the Auditor-General could therefore not express an opinion in this regard. It was also pointed out that the Internal Audit Division did not provide for a performance audit during the period under review. However, that had now been included in the three-year audit plan. Councillor De Villiers stated that a performance management system served as an early warning system to the Council against incidents that could lead to costly remedial measures, such as illegal dumping (e.g. in Sidwell adjacent to the Traffic Department) and forward cover on the Nelson Mandela Bay Multipurpose Stadium. With regard to Councillor Trent’s question 4, it was explained that the Auditor-General referred instances where insufficient information was provided, back to Management for correction. Regarding Councillor Trent’s question 5, Mr Van Dyk indicated that no additional cases of fraud or irregular and/or fruitless expenditure had been reported to the Auditor-General in respect of the period under review. Councillors Trent and Herbst referred to cases such as the Red Location Mausoleum, the KwaZakhele Co-operative, the AIDS Concert held during December 2006 and the Eduardo Villa sculpture in City Hall and enquired as to why these cases had not been reported to the Auditor-General. Mr Van Dyk explained that an audit was conducted for a specific period (i.e. 1 July 2007 to 30 June 2008), and on a sample basis. The Municipal Manager referred to Section 32(4) of the Local Government: Municipal Finance Management Act, No. 56 of 2003, pointing out that the cases of the Eduardo Villa sculpture and the Red Location Mausoleum were being investigated and that a report in terms of the aforementioned legislation would be submitted to the Auditor-General. Councillor Trent indicated that the Oversight Committee should express its concern to the Council over the length of time it was taking to finalise these investigations. The issue of the capacity of the Internal Audit Division to assist with forensic investigations was raised. Councillor Herbst stated that the Division should be assisted to operate effectively, while Councillor De Villiers suggested that the Oversight Committee should make a recommendation to the Council that the Internal Audit Division’s staffing levels be addressed as a matter of priority, to ensure that sufficient steps were taken to address cases of fraud and irregular/wasteful expenditure. The Chairperson stated that measures had been implemented to improve the Internal Audit Division’s capacity, and that the effectiveness of these measures should be evaluated against the Annual Report for 2008/09.


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Councillor R V Williams also stated that the Oversight Committee should be allowed to interview staff from the Internal Audit Division. The Municipal Manager responded that the Oversight Committee had a right to interview staff from the Internal Audit Division, but cautioned against increasing staffing levels, as this would lead to increased personnel cost levels, pointing out that a balance had to be found between the need for service delivery against staffing requirements and costs. He advised that the former National Treasury Advisor, Mr P Bender, had indicated that the Municipality’s internal audit capacity was better than most other local authorities, and that a three-year Audit Plan had been developed and a panel of forensic experts appointed to assist in forensic investigations. Councillor Trent referred to Note 43 in the 2007/08 financial statements, enquiring why certain matters had been disclosed in the financial statements, whilst other on-going investigations were not reflected. Mr Van Dyk explained that issues disclosed in the financial statements would not be repeated in the Auditor-General’s report, unless the latter disagreed with a disclosure. It was pointed out that a number of cases had been handed over to the SAPS and that the investigations of these cases by the latter could take a long time. With regard to Councillor Trent’s questions about the Auditor-General’s Reports in respect of the Feather Market Centre and Centenary Hall Promotions, Mr Van Dyk explained that the Auditor-General would not speculate on the possibility of fraud or theft, pointing out that the opinion expressed was based on the information received - that did not comprise all the information requested. Councillor Trent enquired as to how losses in respect of these entities would be treated, given the fact that they had now been placed under the control of the Corporate Services Directorate. The Municipal Manager explained that these facilities would be operated as any other municipal facility and that instructions had been given to wind up the former Section 21 companies. The issue of the implementation of a performance management system for all levels of staff was raised, and it was explained that this had to be carefully negotiated in order to achieve a productive system, as the Municipality operated in a highly unionised environment. It was stated that the targets for the implementation of a performance management system to all levels were reflected in the Service Delivery and Budget Implementation Plan (SDBIP). It was also pointed out that the Budget and Treasury Directorate had already implemented a performance management system for all staff levels and that the performance reports were submitted to the Council in the form of the Annual Report and Mid-term Report. Councillor Haddon insisted that the statutory requirements pertaining to the implementation of a performance management system should be complied with, notwithstanding the views of the unions. The Municipal Manager pointed out that the Municipality’s performance management system, together with its components, was fully compliant with the provisions of the Local Government:


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Municipal Systems Act, as well as the mechanisms to measure the performance of the institution was developed. Councillor N R Captain referred to paragraph 21 of the Auditor-General’s report and enquired as to the reasons for enforcing the penalty clause contained in housing contracts. The Municipal Manager pointed out that the Mid-term Report indicated that the penalty cause was now being implemented. In respect of the progress made with the Housing Turnaround Strategy, the Executive Director: Housing and Land explained that the Provincial Government had been approached to unblock housing projects during 2007/08 and that agreements had been entered into with contractors after funds had been made available by the Province and that systems for the management of these contracts had been implemented. It was pointed out that 1980 houses were being constructed and that a programme was being implemented to unblock the SCCCA project. Councillor L De Villiers referred to paragraph 10 of the Auditor-General’s Report, enquiring as to why this had not been stated as an area of qualification, given the fact that the extent of the problem could not be quantified at the time. Mr Van Dyk explained that a qualification would have been made if creditors were misstated in the financial statements, pointing out that the Auditor-General’s Report referred to the payment of creditors in paragraphs 10 and 24. Referring to Section 38(b) of the Systems Act and to the performance of Councillors, the Chairperson explained that there was no legal obligation to evaluate and measure the performance of individual Councillors and that measures such as training programmes and a penalty system for the non-attendance of meetings had been developed to assist Councillors in improving their performance. Furthermore, the point was made that Councillors should constantly evaluate their own performance and that it was expected that political parties would assess the performance of their representatives in Council. Councillor Trent enquired as to the outcome of the environmental audit. Mr Van Dyk explained that no separate audit in this regard had been conducted and that the audit had been included as part of the Management Report. The Chairperson requested that Councillors identify and forward issues pertaining to the Report of the Audit Committee and the Report on the financial statements for the 2007/08 financial year as contained in Annexures “A3” and “A4” respectively to the Annual Report that they wish to raise at the Committee’s next meeting to the Chief Operating Officer by not later than 16 February 2009. It was also requested that all questions be submitted in advance to the Chief Operating Officer.


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NOTED AND RESOLVED: That a copy of the Auditor-General’s Management Report be submitted to the Whips of each political party and the members of the Oversight Committee only, in view of the bulk of the document. 12. 2007/08 ANNUAL REPORT It was agreed that the matter be deferred to the Committee’s next meeting. The meeting terminated at 12:25. CHAIRPERSON


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Third Meeting of the 2007/08 Annual Report Oversigh t Committee


PRESENT: Speaker (Chairperson) Councillor N R Captain Councillor E Johnson Councillor P B Lonake Councillor N S Magopeni Councillor M Odayar Councillor Z J Seale Councillor M D Seti

ALSO PRESENT: Auditor-General’s Representatives (Mr C van Dyk and Ms S Galway) Chief Operating Officer (Dr I Tsatsire) Executive Director: Corporate Services Executive Director: Economic Development and Recreational Services Executive Director: Infrastructure and Engineering Executive Director: Safety and Security Services Acting Executive Director: Electricity (Mr R Harris) Executive Director: Housing and Land Executive Director: Public Health Director: Budget and Financial Accounting Director: Office of the Speaker Director: Legal Services Director: Fire and Emergency Services Chief Accountant (Ms M Freeman) Administration Officer (Mr J Wait) Financial Officer (Ms R Smit)

Senior Committee Secretary (Mr T Ferreira) ABSENT: Councillor D B Haddon (Apology) Councillor R V Williams (Apology) APPLICATIONS FOR LEAVE OF ABSENCE / APOLOGIES It was reported that apologies for the non-attendance of this meeting of the Committee had been received from Councillors D B Haddon and R V Williams, and that an application for leave of absence had been received from Councillor L J de Villiers. The Chairperson at this stage reported that an apology had been received from the Municipal Manager, as he had to attend an urgent meeting in Bhisho,


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and the Committee agreed that the meeting should proceed notwithstanding the fact that the Municipal Manager was not present. DISCLOSURE OF INTERESTS BY COUNCILLORS AND OFFICIAL S No disclosures were made. CONFIRMATION OF MINUTES With regard to the proceedings relating to the submission of the Audit Committee’s Report to the Council on an annual basis, it was pointed out that the Council on 12 February 2009 re-affirmed its earlier decision dated 20 February 2003, i.e. that the Audit Committee’s minutes be submitted to the Executive Mayor only and that the Audit Committee reports on its activities to the Council on an annual basis. Councillor E Johnson suggested that the Audit Committee should rather submit its report to the Council on a bi-annual basis to coincide with the Mid-Term and Annual Reports. It was agreed that the Oversight Committee should recommend to the Council to revise its decisions of 20 February 2003 and 12 February 2009 with a view to amending the Audit Committee’s Charter to provide that the Audit Committee instead report on its activities to Council on a bi-annual basis. At this stage, the Committee went through the resolutions page by page and enquired as to the progress made with the implementation thereof (the proceedings of which are reflected hereunder). RESOLVED: That the Minutes of the Proceedings of the Annual Report Oversight Committee of its meeting held on 10 February 2009, as circulated, be hereby confirmed. FURTHER RESOLVED: That it be a recommendation to the Council to revise its decisions of 20 February 2003 and 12 February 2009 with a view to amending the Audit Committee’s Charter to provide that the Audit Committee submits reports to the Council on its activities on a bi-annual basis, to coincide with the submission of the Mid-Term and Annual Reports to the latter. REPORT BY EXECUTIVE DIRECTOR: CORPORATE SERVICES

13. 2006/07 ANNUAL REPORT: VISIT BY PROVINCIAL LEGI SLATURE

ON 1 OCTOBER 2008: MEETINGS OF AUDIT COMMITTEE FOR 2008


35

The following report regarding the outcome of the investigation into why no representatives of the Democratic Alliance had been invited to attend the meeting with the Provincial Legislature held on 1 October 2008, was tabled at the meeting by the Director: Office of the Speaker:

“The notice for the meeting with the Chairperson of the Portfolio Committee on Local Government and Traditional Affairs, Mr H. Nazo, held on 1 October 2008 was received extremely late by the Office of the Speaker, and all members were contacted on the morning of the meeting. Whenever meetings are convened at extremely short notice as in this case, it is very difficult in practice to get Councillors to attend. DA Councillors always refer to the Rules of Order of Council relating to the convening of meetings. In this case, the Executive Secretary of the Speaker contacted members of the Oversight Committee by telephone and relayed appropriate invitations to those members she could get hold of. The Councillors who attended the meeting were those to whom she could relay the message. There was no deliberate effort to exclude any particular Councillor from this meeting. The Office of the Speaker will ensure that, in future, invitations to attend visits of this nature will be communicated timeously to members of the Oversight Committee.”

Councillor M D Seti suggested that the report was an accurate reflection of the circumstances of the meeting in question, but stated that delays to inform Councillors of pending meetings should be avoided by the officials. NOTED 14. EVALUATION OF PROGRESS MADE WITH IMPLEMENTATION OF

OVERSIGHT COMMITTEE’S RECOMMENDATIONS IN RESPECT OF 2006/07 ANNUAL REPORT

Councillor E Johnson referred to the report by the Executive Director: Corporate Services regarding the challenges faced by Ward Committees and the proposed institutionalisation of Ward Committees in the decision-making processes of the Council, as reflected in Annexure “A” to the Agenda, suggesting that the statutory requirements in this regard should be investigated in the first instance. She stated that it had become necessary to evaluate and report on the performance of Ward Committees in order to be able to determine the staffing requirements of these Ward Committees. The point was made that guidelines in this regard should be developed in the first instance, and it should be investigated whether the Ward Committees should


36

resort under the Office of the Constituency Co-ordinator or that of the Speaker. The Chairperson indicated that the issue of the proper role of Ward Committees had been raised during the recent public meetings and that the various sector representatives were of the view that the issues raised at Ward Committee level were not adequately addressed by the Municipality and that there was an urgent need to develop a model for the functioning of Ward Committees. The Chief Operating Officer stated that both the political and administrative challenges facing Ward Committees should be considered, and that the model/framework/terms of reference for the functioning of Ward Committees should be revised to address, inter alia, the issue of Ward Committee meeting intervals. The Executive Director: Corporate Services pointed out that the various Ward Committees had different profiles and characteristics, that resulted in different needs/challenges for each and that an administrative model for these Committees had already been developed. Councillor P B Lonake suggested that an audit of the performance of the Ward Committees be undertaken, and the Chairperson indicated that such audit should include both political and administrative performances. Councillor Seti stated that the model/framework/terms of reference for Ward Committees should also include the issue of ward-based planning. The suggestion that the development of the model/framework/terms of reference be finalised by the end of April 2009 in order to accommodate the financial implications in Council’s budgets for 2009/10 was supported. The point was made that the model/framework/terms of reference for Ward Committees should be submitted to the Governance Cluster in the first instance, and thereafter to the Oversight Committee and the Council. With regard to the redevelopment of the Mendi Road Bottle Store into an arts centre, Councillor Captain referred to the report by the Executive Director: Economic Development and Recreational Services, circulated under cover of Circular No. 6/2009, dated 20 February 2009, stating that the report did not reflect the steps taken by the Directorate to address the causes of the delays and ensure the progress of the project. The Chairperson expressed concern over the time it took to resolve the delays, pointing out that the project had been initiated following requests from the community for such a development. Councillor Lonake indicated that the role of the surrounding community should also be addressed and that the other projects planned for the area, such as the clearing of the dumping site next to the Bottle Store, should have been reflected in the report. The Executive Director: Economic Development and Recreational Services reported that the Provincial Department had agreed that an agreement should be developed in accordance with statutory requirements and that a business plan should also be developed. The point was made that the signing of the Agreement would accelerate the planning of the development, but the Executive Director: Economic Development and Recreational Services indicated that he had experienced difficulty to find a Council resolution


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approving the development. He also pointed out that the requirements and expectations of the community had changed over time, and that indications were that a multi-purpose centre should rather be developed. The Director: Budget and Financial Accounting pointed out that there was no formal resolution by the Council regarding the development of the Mendi Road Bottle Store, as no reports on the financial implications (both capital and operating) had been submitted. The Chief Operating Officer indicated that the development of the business plan and the public participation processes should in the interim be carried out from internal resources. Councillor Captain stated that the development of a business plan should be expedited and that the various options for the development available to the Municipality should be evaluated by the Directorate. Councillor Seti stated that legal and administrative stumbling blocks should be addressed as a matter of priority in order to ensure service delivery to the community, pointing out that although provision had been made on previous budgets for the Mendi Road Bottle Store, the project had been taken off the Capital Budget in view of financial constraints. The Chairperson stated that business plans and building plans had been developed during the Council’s previous term, remarking that the scope of the proposed development should be clear. The Director: Budget and Financial Accounting pointed out that the Provincial Government’s contribution towards the cost of construction was ring-fenced, emphasising that the business plan to be developed by the Economic Development and Recreational Services Directorate should form the basis for negotiations with the Provincial Government. He added that the Council would be expected to provide a commitment towards its share of the capital and operating costs. In respect of the report by the Executive Director: Public Health regarding the measures implemented to address illegal dumping circulated under cover of Circular No. 6/2009, dated 20 February 2009, Councillor Captain stated that a break-down of the measures implemented in the various wards, the outcome of inter-Directorate meetings regarding illegal dumping and details regarding the training of volunteers should have been reflected therein. The Chairperson stated that it was evident from the public meetings held thus far that communities were frustrated with the maintenance and management of refuse skips and that the fortnightly refuse removal service in disadvantaged areas was insufficient. She indicated that an analysis of the refuse removal requirements of the various areas should be undertaken and that the refuse collection process and the enforcement of the Municipality’s by-laws should be revised, with a view to improved interaction between the various directorates to address illegal dumping. The Chief Operating Officer stated that a report on the remedial measures to be implemented should be submitted to the Management Team in the first instance and that a Task Team should be established to review the refuse collection processes and the enforcement of by-laws.


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RESOLVED: (a) That a model/framework/terms of reference for the functioning of Ward

Committees be developed to address, inter alia, issues such as meeting intervals for Ward Committees and Ward-based planning, to be finalised by the end of April 2009 in order for the financial implications to be accommodated in Council’s budgets for 2009/10, the model/framework/terms of reference to be submitted to the Governance Cluster in the first instance, and thereafter to the Oversight Committee and the Council.

(b) That it be a recommendation to the Council that the development of the

business plan in respect of the redevelopment of the Mendi Road Bottle Store and the public participation processes in the meantime be carried out by internal resources, and that the various options for the development available to the Municipality be evaluated by the Economic Development and Recreational Services directorate.

(c) That it be a recommendation to the Council that an analysis of the

refuse removal requirements of the various areas be undertaken and that the refuse collection process and the enforcement of the Municipality’s by-laws be revised with a view to improved interaction between the various directorates to address illegal dumping.

____________________ At this stage, the Chairperson thanked the officials for their assistance during the public participation process thus far, emphasising that more officials from the Municipality should attend these meetings in order to respond to questions from the public related to, inter alia, Infrastructure and Engineering and Housing and Land related issues. She also expressed concern over the fact that the public participation process was poorly supported by Ward Councillors. (The meeting adjourned at 10:15 for refreshments and resumed at 10:35.) 15. REPORT OF AUDIT COMMITTEE AND REPORT ON FINANCI AL

STATEMENTS FOR 2007/08 FINANCIAL YEAR NOTED 16. 2007/08 ANNUAL REPORT (3/2/9/1) The Committee proceeded to consider the Annual Report as contained in the Council’s Agenda dated 22 January 2009 page by page and gave input as reflected below. In respect of paragraph 1.4.3.1 – Free Basic Services, the Chairperson queried the accuracy of the statement that 100% of all qualifying households


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were receiving free basic services, explaining that people were constantly becoming unemployed and were in some instances advised by the Municipality that they did not qualify for free basic services, due to the building improvements they had made or improvements to the quality of their household contents when they were still employed. Councillor Johnson enquired as to the benchmark used to determine this statistic, and Councillor Odayar pointed out that the statement should not have been included in the report, as qualifying consumers were being registered with the Municipality on a daily basis. The Chief Operating Officer pointed out that the statement was qualified under Chapter 2 of the Annual Report, and the Chairperson indicated that this qualifying explanation should rather have been reflected as a statement in the report. With regard to paragraph 1.4.3.4 – Refuse removal, the Chairperson explained that, often, more than one family occupied a site and that the service should also be extended to accommodate the additional family in order to address the problem of illegal dumping. It was agreed that it be a recommendation to the Council that a strategy to accommodate back-yard dwellers in respect of refuse removal services be investigated in the first instance. Referring to paragraph 2.1.2 – Provision of electricity, Councillor Seti queried the underperformance in respect of the installation of high-mast lights. It was pointed out that the reason for this performance was reflected under the comments pertaining to the installation of street lights. The Chairperson stated that safety issues should be part of housing development projects, and that certain areas would still require high-mast lighting to ensure the safety of communities. The Acting Executive Director: Electricity and Energy explained that communities were always consulted in the first instance and confirmed that high-mast lighting would continue to be installed in certain areas, adding that the cost of installing high-mast lighting was similar to that of post top lighting. The issue of the formation of REDS was raised. It was explained that this was continuing and that the Council still needed to approve the process. Regarding paragraph 2.1.4 – Provision of basic water, it was pointed out that the target and actual in respect of the percentage of houses built and occupied but yet to be connected to basic services should be amended to read 0%, and not 100%, as reflected in the Annual Report. In respect of paragraph 2.1.5 – Water demand management, the low number of water meters installed in unmetered areas was discussed, and the Executive Director: Infrastructure and Engineering explained that a business plan for MIG funding for the installation of water meters had been submitted during December 2007, but that there had been a delay in obtaining approval for these funds. In the interim, the Municipality used its own resources as bridging finance to install the water meters. He pointed out that funds had finally been approved for formal areas only, and explained the criteria for the utilisation of MIG funds.


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The problem of unaccounted for water was discussed, and the Executive Director: Infrastructure and Engineering explained that unmetered households and faulty water meters had contributed to the problem, remarking that the actual figure of 32% was within the national norm. Referring to paragraph 22 of the Auditor-General’s Report, Councillor Odayar stated that the statement that unaccounted for water amounted to 21 770 kilolitres could not be correct. The Chairperson requested that a report to verify the unaccounted for water statistics be submitted to the Committee’s next meeting. With regard to the elimination of the bucket system, the Executive Director: Infrastructure and Engineering stated that the system had been eliminated in formal areas. Councillor Captain queried this claim, stating that there were still houses that received this service. The Executive Director: Infrastructure and Engineering requested that details of formal areas in which buckets were still being used be forwarded to his office. Councillor Seti referred to paragraph 2.1.6 – Number of transfer recycling sites established or upgraded, and enquired as to the reasons for establishing two centres only. The Executive Director: Public Health explained that this was a new initiative at the time and that these centres had been established as pilot projects. In respect of paragraph 2.1.7 – Provision of primary health care services, it was explained that the per quarter average community health nurse-to-patient ratio was 1:40, and that the Municipality was currently operating at a ratio of 1:43. Councillor Seti expressed concern over the absence of doctors at clinics, emphasising that the number of hours spend by the latter at clinics should be extended, suggesting that targets and strategies to achieve the increased attendance by doctors at clinics should be included in future Annual Reports. It was reported that donor funding was used for doctors to visit clinics twice a week, and that, currently, general practitioners visited municipal clinics 27 hours per month, in accordance with Council policy, whilst Province allowed for 40 hours per month. Councillor Seti suggested that it should be recommended to Council that the number of hours during which doctors visit clinics should be increased in order to address the urgent need for their services, and it was agreed that a report on the feasibility to increase the hours of sessional doctors be submitted to the Public Health Committee in the first instance. With regard to paragraph 2.1.11 – Integrated human settlement development – housing provision, the reasons for the underperformance in respect of the number of blocked projects unblocked and the number of storm-damaged houses repaired were queried. It was pointed out that the Mid-Term Report submitted to Council on 22 January 2009 indicated a significant improvement in respect of the unblocking of projects. The Chief Operating Officer undertook to investigate the reasons for the revision of the target in respect of the repair of storm-damaged houses.


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The Chairperson expressed concern firstly over the slow progress made with repairs to ‘wet and defective’ houses, stating that houses in areas such as KwaNoxolo were in urgent need of repair, and secondly, over the fact that the Municipality’s Level 3 accreditation process had not started. The Chief Operating Officer reported that Level 2 accreditation programmes had been developed to improve institutional capacity, and that other processes were under way that would impact on Level 3 accreditation. Councillor Captain queried the statement that a land audit had been approved by Council. The Chief Operating Officer undertook to verify if a land audit had in fact been approved by Council. The Chairperson referred to the development of a Land Use Management System (LUMS), stating that it was not clear how this system and/or the Council’s land disposal strategy would benefit the disadvantaged. The Chief Operating Officer pointed out that new legislation in respect of the disposal of land had been promulgated and that a strategy for the disposal of land had been developed, suggesting that a progress report in this regard should be submitted to the Housing and Land Committee. With reference to paragraph 2.1.13 – Crime prevention, the point was made that areas such as Njoli Square should also be considered for the installation of CCTV cameras. It was responded that the installation of CCTV cameras in other areas was in fact already being investigated. Referring to paragraph 2.1.16 – Roads, Councillor Seti commended the Infrastructure and Engineering Directorate on the progress made with the tarring of roads, pointing out, however, that there was still an urgent need for the tarring of roads in certain areas. The Chairperson indicated that the reasons for the revised target in respect of the resurfacing of roads should have been reflected in the report. Referring to the road accident report, as reflected under the heading “Service delivery performance highlights, challenges and remedial action”, the Chairperson pointed out that the accuracy of the statistics contained in the abridged report had been queried at public meetings. In respect of paragraph 2.2.2 – Sustained revenue collection, the Chairperson stated that the Mid-Term Report reflected a collection rate of 102% and enquired why the target of 98% should not be adjusted. Councillor Odayar explained that the collection rate could easily be affected by, for instance, the non-payment of accounts by government departments or large account holders, and that a consistent target should be set to ensure a sustained performance. It was pointed out that the KPI of “Debt to income ratio” related to loan debt, and that these ratios would change significantly because of loans in respect of 2010 FIFA World Cup projects and the refurbishment of electricity infrastructure. With reference to KPI “Creditors’ days”, the point was made that some creditors still complained about the time it took for the Municipality to process


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their payments. It was confirmed that the backlog in this regard had been reduced from approximately R120 million to R4 million, and that suppliers were engaged on an ongoing basis. The Chief Operating Officer pointed out that detailed reports regarding the payment of creditors were being submitted to the Budget and Treasury Committee, and that it had been advertised that service providers to the Municipality should report the non-payment of their accounts. The impact of the 2010 FIFA World Cup related projects on the Municipality’s financial viability and sustainability was raised. It was explained that a detailed report in this regard would be submitted during the budget process and that these projects would have a significant impact on the Operating Budget. With reference to the main financial challenges that confronted the Municipality, as reflected under the section “Municipal financial viability and sustainability performance highlights, challenges and remedial action”, Councillor Odayar stated that sustaining the improvements in respect of the collection of municipal debt should be included under this paragraph. With regard to paragraph 2.3.1 – Strategic planning and integration, the point was made that the cluster system had been established to enhance service delivery. Referring to paragraph 2.3.2 – Organisational rationalisation, it was stated that although the organisational review had been completed, this was an on-going process. Referring to the administrative structure for Uitenhage and Despatch, the Chairperson expressed concern over the fact that the meeting facilities there were inadequate and that not even the basic requirements and administrative support were available whenever Committee meetings were held at these venues. The Chairperson also explained that complaints had been received from the community regarding the service received from the Economic Development and Recreational Services Directorate’s Art and Culture and Sports Sections. In respect of paragraph 2.3.3 – Human resources development, the point was made that the targets in respect of the five-year Employment Equity Plan had not been met, due to capacity-related challenges faced by the Human Resources Sub-Directorate. It was stated that the Municipality submitted its Workplace Skills Plan to the Department of Labour on an annual basis. The completion of the TASK Job evaluation processes was discussed, and the point was made that it had not been completed, as it was a complicated process, and that consultants had now been appointed to assist in its finalisation. The point was made that the Integrated HR Information System should be finalised as a matter of priority, as the shortcomings in the keeping of staff records was cause for concern. The Chairperson stated that the employment equity reports submitted to the Human Resources and Corporate Administration Committee indicated poor


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performance in achieving the set targets and that it would be appropriate for this Committee to formulate a recommendation in this regard to the Council. RESOLVED: (a) That it be a recommendation to the Council that a strategy to

accommodate back-yard dwellers in respect of refuse removal services be investigated in the first instance, and that a report in this regard be submitted to the Public Health Committee.

(b) That a report to verify the unaccounted for water statistics be submitted

to the Oversight Committee’s next meeting. (c) That it be a recommendation to the Council that the feasibility to

increase the hours of sessional doctors at clinics be submitted to the Public Health Committee in the first instance.

(d) That a progress report regarding the development of strategy for the

disposal of land be submitted to the Housing and Land Committee. The meeting terminated at 12:50. CHAIRPERSON


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Fourth Meeting of the 2007/08 Annual Report Oversig ht Committee

(Meeting held on 5 March 2009)

PRESENT: Speaker (Chairperson) Councillor N R Captain Councillor E Johnson Councillor N S Magopeni Councillor M Odayar Councillor Z J Seale Councillor M D Seti

ALSO PRESENT: Auditor-General’s Representatives (Mr C van Dyk and Mr C Welch)

Municipal Manager Chief Operating Officer Executive Director: Corporate Services Executive Director: Economic Development and Recreational Services Executive Director: Safety and Security Services Executive Director: Housing and Land Executive Director: Public Health Director: Budget and Financial Accounting Director: Electricity Distribution Director: Water and Sanitation Chief Accountant (Ms M Freeman)

Senior Committee Secretary (Mr T Ferreira) ABSENT: Councillor P B Lonake APPLICATIONS FOR LEAVE OF ABSENCE / APOLOGIES It was reported that applications for leave of absence for this meeting of the Committee had been received from Councillors L J de Villiers, D B Haddon and R V Williams. DISCLOSURE OF INTERESTS BY COUNCILLORS AND OFFICIAL S No disclosures were made.


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CONFIRMATION OF MINUTES With regard to the proceedings under Minute Numbers 14 and 16 regarding illegal dumping and primary health care services respectively, the Chairperson pointed out that additional reports by the Executive Director: Public Health had been circulated to all Councillors under cover of Circular No. 9/2009, dated 4 March 2009. The Municipal Manager confirmed that the issue of illegal dumping was also being addressed by the Management Team and that the strategies of other municipalities in this regard would be evaluated. He stated that communities should be encouraged to adopt a social responsibility approach and report instances of illegal dumping. It was also suggested that a strategy be developed to enter into strategic partnerships with co-operatives, private security companies and community structures to address the problem of illegal dumping. With regard to the public participation process, the Chairperson requested that the Chief Operating Officer develop a recommendation on this process, for inclusion in the Oversight Committee’s report. Councillor Seti referred to the proceedings under Min. No. 16 relating to the number of hours of doctors’ visits to clinics and suggested that the Oversight Committee submit a firm recommendation to Council that the number of hours be increased. In respect of the query pertaining to the Municipality’s land audit, the Municipal Manager pointed out that this aspect had been an area of qualification by the Auditor-General until the 2006/07 financial year, but that the Municipality had received an unqualified report from the Auditor-General in respect of the 2007/08 financial year. The suggestion that a presentation be made to the Housing and Land Committee regarding the outcome of the Lamax audit of municipal land, was supported. Regarding the unaccounted for water statistics, as reflected in paragraph 22 of the Auditor-General’s report, it was pointed out that the word “kilolitres” should be amended to read “megalitres”. RESOLVED: That the Minutes of Proceedings of the meeting of the Annual Report Oversight Committee held on 24 February 2009, as circulated, be hereby confirmed. FURTHER RESOLVED: (a) That a strategy be developed to enter into strategic partnerships with

co-operatives, private security companies and other community structures to address the problem of illegal dumping.


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(b) That the Chief Operating Officer develop a recommendation with a view to enhancing public participation during the oversight process, for inclusion in the Oversight Committee’s report.

(c) That the Oversight Committee submits a firm recommendation to the

Council to increase the number of hours of doctors’ visits to clinics. (d) That a presentation be made to the Housing and Land Committee

regarding the outcome of the Lamax audit of municipal land. REPORT BY EXECUTIVE DIRECTOR: CORPORATE SERVICES

17. 2007/08 ANNUAL REPORT In respect of paragraph 2.4.1 – Poverty alleviation and job creation, the point was made that an explanation of the type of co-operatives assisted by the Municipality should be included in future Annual Reports. Councillor Seti stated that although financial assistance was provided to a number of co-operatives, the Municipality’s capacity to provide sustained institutional support was inadequate. He suggested that the Municipality’s targets in this regard should be revised to bring them in line with National Government targets. The point was also made that a communications strategy to encourage the establishment of co-operatives in Wards 5 to 41 should be developed and implemented. The Municipal Manager explained that the Management Team was considering the establishment of partnerships with Non-Governmental Organisations to provide institutional support to co-operatives. It was agreed that the Executive Director: Economic Development and Recreational Services should submit a report on the strategies implemented thus far to provide institutional support to co-operatives to the Economic Development, Tourism and Agriculture Committee in the first instance. The point was made that the reasons for the failure of co-operatives should be analysed in order to formulate remedial strategies, and that an audit of the performance of all the co-operatives that were assisted by the Municipality’s local economic development programmes should be undertaken. Councillor Odayar queried the accuracy of the statement that unemployment had been reduced by 6%, requesting that a report verifying the accuracy of this statistic be submitted to the Committee’s next meeting. The Executive Director: Economic Development and Recreational Services explained that the statistic had been obtained from Stats SA, and that jobs had been created in the area despite the adverse current economic conditions. With regard to paragraph 2.4.2 – EPWP, the point was made that the EPWP strategies were not being fully implemented by the Municipality. It was suggested that the demographical break-down of the number of jobs that


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were created by municipal capital projects be reflected in future Annual Reports. It was also suggested that statistics pertaining to persons with disabilities that benefited from EPWP projects and other local economic development programmes, including the demographical breakdown of this sector, be reflected in future Annual Reports. The Municipal Manager explained that the EPWP Unit would be relocated to the Infrastructure and Engineering Directorate. He added that National Treasury had advised that the Municipality qualified to participate in the MIG Cities programme, in terms of which a three-year allocation would be made for infrastructural projects, to be utilised at the Municipality’s discretion. He suggested that a report in this regard be submitted to all Standing Committees by the Executive Director: Infrastructure and Engineering. Referring to the Mayoral Economic Advisory Panel and the LED Forum, the Executive Director: Economic Development and Recreational Services reported that these structures met on a regular basis and that a number of recommendations that emanated from these structures had been submitted to the Council. With regard to the development of a new funding model for Nelson Mandela Bay Tourism, it was pointed out that the conditions applicable to grants to entities such as Nelson Mandela Bay Tourism were strictly enforced before any payments were made. In respect of paragraph 2.4.6 – Broad-based economic empowerment, it was stated that the Rand value of the tenders awarded to the various sectors should be reflected in future Annual Reports. However, concern was expressed over the fact that the target in respect of the youth had not been met, and it was emphasised that more effort should be made to empower this sector. The Municipal Manager explained that the Municipality’s policy of ring-fencing certain projects for specific categories had been challenged in court by other tenderers and that as a result, the ring-fencing of projects had to be removed from the policy. He indicated that steps were under way to amend the Promotion of Preferential Procurement Facilitation Act to allow for mechanisms such as ring-fencing, and that the Council had mandated officials to revise Municipal Supply Chain Management Policy, with a view to achieving broad-based economic empowerment targets. It was also explained that the Construction Industry Development Board was responsible for the grading of contractors, and that tenders would in future stipulate the employment of Grade 2 contractors. It was stated that the Local Economic Development Strategy would include the creation of strategies to allocate certain contracts to specific sectors, and that the composition of co-operatives should be influenced in order to ensure that targets in respect of the various categories were achieved. It was stated that the revision of the Municipal Supply Chain Management Policy should be finalised by Council as matter of priority, and it was suggested that it should be this Committee’s recommendation to the Council


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that the legal obstacles pertaining to the achievement of broad-based economic empowerment targets should be taken at the level of SALGA and that extensive political interaction at various levels be initiated, with a view to achieving broad-based economic empowerment. With reference to paragraph 2.4.10 – Sports development, it was emphasised that sports facilities in certain areas were in urgent need of maintenance and upgrading, and that maintenance plans for these facilities should be developed as a matter of priority. It was also mentioned that this concern had been raised during the public participation process, and that budget constraints could not be used as an excuse for the neglect of these facilities. It was agreed that a clear strategy for the implementation of sports development programmes should be developed and that uniform standards and norms for the maintenance of all sports facilities should be implemented. Regarding paragraph 2.4.11 – Recreation, it was enquired as to why no explanation had been given for the underperformance in respect of the building and upgrading of recreational facilities. It was agreed that the Executive Director: Economic Development and Recreational Services should report to the Committee’s next meeting on the number of people who benefited from recreational development programmes. Referring to paragraph 2.4.12 – Arts, culture and heritage, the point was made that once-off assistance was being provided to artists during events only, and that no sustainable development programme existed in this regard. It was agreed that a policy for sustainable artist development, reflecting the targets to be achieved, should be developed. With regard to paragraph 2.4.13 – Library services, the point was made that the quality and standard of books at libraries in certain areas needed to be improved. The Chairperson commended the Sub-Directorate for its initiatives and programmes in that regard. The issue of funding for library services was raised, and the response was that the Municipality should ensure that adequate funding for this service was received from Province. In respect of Key Performance Area 2.5 – Good Governance and Public Participation, it was agreed that the Committee had already addressed the issues under this chapter during the oversight and public participation processes. The Chairperson indicated that the inputs received during the public participation process should be included in the Oversight Report and that Directorates should provide responses to the input received. She also remarked that the participation by Councillors in this process needed to be improved. In conclusion, the Auditor-General’s representative, Mr C van Dyk, referring to the process followed by the Oversight Committee, stated that it was his observation that the Committee had dealt comprehensively with the Annual Report.


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RESOLVED: (a) That the Executive Director: Economic Development and Recreational

Services submits a report on the strategies implemented thus far to provide institutional support to co-operatives to the Economic Development, Tourism and Agriculture Committee in the first instance.

(b) That the reasons for the failure of co-operatives be analysed and that

an audit of the performance of all the co-operatives, assisted by the Municipality’s local economic development programmes, be undertaken in order to formulate remedial strategies.

(c) That the accuracy of the statement that unemployment had been

reduced by 6% be verified at the Committee’s next meeting by the Executive Director: Economic Development and Recreational Services.

(d) That the demographical breakdown of the number of jobs created by

municipal capital projects be reflected in future Annual Reports. (e) That statistics pertaining to persons with disabilities, including the

demographical breakdown of this sector, that benefited from EPWP projects and other local economic development programmes, be reflected in future Annual Reports.

(f) That a report in respect of the MIG Cities Programme be submitted to

all Standing Committees by the Executive Director: Infrastructure and Engineering.

(g) That the Rand value of the tenders awarded to the various sectors with

a view to broad-based economic empowerment be reflected in future Annual Reports.

(h) That it be a recommendation to the Council that the legal obstacles

pertaining to the achievement of broad-based economic empowerment targets be taken up at the level of SALGA, and that extensive political interaction at various levels takes place, with a view to achieving broad-based economic empowerment.

(i) That a clear strategy for the implementation of sports development

programmes be developed, and that uniform standards and norms for the maintenance of all sports facilities be implemented.

(j) That the Executive Director: Economic Development and Recreational

Services reports to the Committee’s next meeting on the number of people who benefited from recreational development programmes.

(k) That a policy for sustainable artist development be developed by the

Executive Director: Economic Development and Recreational Services, the policy to reflect the targets to be achieved.


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(l) That the inputs received during the public participation process be included in the Oversight Report, and that directorates provide responses to these inputs.

The meeting terminated at 11:35. CHAIRPERSON


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Fifth Meeting of the 2007/08 Annual Report Oversigh t Committee

(Meeting held on 12 March 2009)

PRESENT: Speaker (Chairperson) Councillor N R Captain Councillor E Johnson Councillor P B Lonake Councillor N S Magopeni Councillor M Odayar Councillor Z J Seale Councillor M D Seti

ALSO PRESENT: Councillor V Mzaza

Auditor-General’s Representatives (Mr C van Dyk & Mr C Welch)

Municipal Manager Chief Operating Officer Chief Financial Officer Executive Director: Corporate Services Executive Director: Safety and Security Services Executive Director: Housing and Land Executive Director: Public Health Acting Executive Director: Electricity and Energy (Mr R Harris) Director: Primary Health Care Services Director: Strategic Co-ordination and Programme Management

Senior Committee Secretary (Mr T Ferreira) ABSENT: Councillor D B Haddon (Apology) Councillor R V Williams (Apology) APPLICATIONS FOR LEAVE OF ABSENCE / APOLOGIES It was reported that an application for leave of absence for this meeting of the Committee has been received from Councillors L J de Villiers, and that apologies for the non-attendance of this meeting have been received from Councillors D B Haddon and R V Williams. It was also reported that apologies for late arrival at the meeting was received from the Executive Director: Corporate Services and the Executive Director: Public Health. DISCLOSURE OF INTERESTS BY COUNCILLORS AND OFFICIALS No disclosures were made.


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CONFIRMATION OF MINUTES Councillor M Odayar referred to the proceedings relating to the reduction of unemployment by 6% as reflected under Min. No. 17 (Minutes page 3), and explained that the extent to which the Municipality had contributed to economic development and reducing unemployment should rather be reflected in future Annual Reports. The Municipal Manager pointed out that the structure of certain Key Performance Indicators (KPIs) should be revised as the Municipality did not have control over some of these KPIs that were included in the Annual Report, Integrated Development Plan (IDP) and SDBIP, and that KPIs should be structured to the extent that they could be verified. The Chairperson requested that the Municipal Manager and the Chief Operating Officer formulate an appropriate recommendation in this regard to be included in the Oversight Report. Councillor Seti referred to the proceedings pertaining to sports development (Minutes page 4), and pointed out that the views expressed by the Committee at the time related specifically to sports facilities in previously disadvantaged areas, and it was agreed that the Minutes should be amended to reflect the Committee’s views. With regard to the Committee’s resolution pertaining to a recommendation to Council to increase the number of hours for doctors to visit clinics, the Chairperson pointed out that an additional report by the Executive Director: Public Health was tabled at the meeting (refer Annexure “A” hereto.). The Chairperson enquired whether the report should not have been submitted to the Public Health Committee in the first instance, and the Municipal Manager explained that the Committee should now formulate a recommendation based on the information provided. In respect of the resolution re the Lamax audit of municipal land, the Municipal Manager confirmed that a presentation had already been made to the Housing and Land Committee and that the outcome of the Lamax audit had been circulated to all Councillors. He pointed out that the Lamax system would be implemented shortly, and that a demonstration of the Lamax system could be given to the Housing and Land Committee if considered necessary. With regard to the disposal of land, the Chairperson stated that a land disposal strategy needed to be developed with a view to addressing the needs of previously disadvantaged individuals in this regard. The Chairperson, referring to the Committee’s resolutions pertaining to further reports to be submitted to Standing Committees, pointed out that the Committee needed to indicate time-frames for the submission of such reports, and Councillor Johnson indicated that these reports should be submitted during the April 2009 cycle of meetings. Regarding paragraph (b) under Min. No. 17, the point was made that it should also reflect that the remedial strategies should in future be defined during the review of the Integrated Development Plan (IDP), 2009/10 Budgets and Service Delivery and Budget Implementation Plan (SDBIP). The Chairperson indicated that the resolution would be refined when finalising the Oversight Committee’s recommendations. With reference to paragraph (e) under Min. No. 17, Councillor Johnson stated that the Municipality should adopt a more vigorous approach to promote EPWP projects amongst communities, and Councillor Odayar indicated that the Municipality should use EPWP principles and tools more extensively when implementing capital projects.


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In respect of paragraph (f) as contained under Min. No. 17, the point was made that it should be deleted as it did not relate to an issue contained in the 2007/08 Annual Report. Referring to paragraph (h), Councillor Odayar suggested, and the Committee agreed, that the words “particularly the legal framework governing Supply Chain Management” should be inserted after the word “obstacles”. Councillor Seti referred to paragraph (i) and indicated that uniform standards and norms for the maintenance, upgrading and development of all sports facilities should be developed, and it was agreed to amend the resolution accordingly. The Chairperson referred to paragraph (j) and pointed out that the Council had identified certain priority codes, and stated that the report by the Executive Director: Economic Development and Recreational Services should reflect the number of people who benefited from the development programmes in respect of the priority codes identified by the Council. Regarding paragraph (l), the Chairperson indicated that, cases where certain issues were identified during the public participation process that required specific further actions or attention, such issues should be referred to the relevant Standing Committee by Directorates. RESOLVED: That the Minutes of Proceedings of the Annual Report Oversight Committee of its meeting held on 5 March 2009, as circulated and amended in the preamble above, be hereby confirmed. FURTHER RESOLVED: (a) That the extent to which the Municipality had contributed to economic

development and reducing unemployment be reflected in future Annual Reports, and that the structure of certain Key Performance Indicators (KPIs) that were included in the Annual Report, Integrated Development Plan (IDP) and SDBIP be revised with a view to them being structured to the extent that they could be verified.

(b) That, in respect of the number of hours of sessional doctors at clinics, it be a

recommendation to the Council that -

(i) all municipal clinics have at least two (2) days of doctors’ sessions (coverage) per week, including those clinics in the rural areas;

(ii) the Executive Directors for Public Health and Corporate

Services in conjunction with the Director: Legal Services draw up a contract for doctors to provide 40 hours per month service at clinics on the basis of Service Providers for Primary Health Care; and

(iii) the contract be finalised and concluded with all Service

Providers (doctors) by 1 May 2009.


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(c) That the Executive Director: Housing and Land arrange for a demonstration of the Lamax system to be given to the Housing and Land Committee, if considered necessary.

(d) That a land disposal strategy be developed with a view to addressing the

needs of previously disadvantaged individuals in this regard. (e) That Executive Directors ensure that the reports to be submitted to Standing

Committees as identified by the Oversight Committee, be submitted during the April 2009 cycle of meetings.

(f) That the reasons for the failure of co-operatives be analysed and that an audit

of the performance of all the co-operatives assisted by the Municipality’s local economic development programmes be undertaken in order to formulate remedial strategies, and to the extent necessary, the remedial strategies be defined during the review of the Integrated Development Plan (IDP), 2009/10 Budgets and Service Delivery and Budget Implementation Plan (SDBIP).

(g) That Council adopt a more vigorous approach to promote EPWP projects

amongst communities, and that the Municipality use EPWP principles and tools more extensively when implementing capital projects.

(h) That a clear strategy for the implementation of sports development

programmes be developed, and that uniform standards and norms for the maintenance, upgrading and development of all sports facilities be implemented.

(i) That the Executive Director: Economic Development and Recreational

Services should report to the Oversight Committee’s next meeting on the number of people who benefited from the Municipality’s development programmes in respect of the priority codes identified by the Council.

(j) That instances where certain issues were identified during the public

participation process that required specific further actions or attention, such issues should be reported on to the relevant Standing Committee by Directorates.


18. DRAFT REPORT OF THE OVERSIGHT COMMITTEE ON THE 2007/08

ANNUAL REPORT (3/2/9/1) Attached as Annexure “B” to these Minutes is a copy of a draft Oversight Committee Report on the 2007/08 Annual Report that was tabled at the meeting. With regard to the Foreword by the Chairperson, it was pointed out that the word “clean” in sub-paragraph (a) under the paragraph highlighting achievements should be replaced with “unqualified”. Similarly, sub-paragraphs (a), (b) and (d) under the paragraph dealing with challenges were amended to read as follows:

(a) Uniform spread of basic service delivery (b) Need for continued improvement in housing delivery (c) ………..


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(d) Need to accelerate poverty eradication and job creation initiatives, and EPWP projects in particular.

Referring to the last paragraph under the Foreword by the Chairperson, Councillor Seti stated that the attendance of members should be reflected. The Municipal Manager indicated that he would liaise with the Office of the Speaker re the non-attendance of the Oversight Committee’s meetings by certain members. The Chairperson requested that any other significant changes be submitted to the office of the Chief Operating Officer by no later than close of business on 12 March 2009. Referring to paragraph 3.1.1 – MFMA requirements included in the tabled Annual Report, the Chairperson pointed out that the Chairperson of the Portfolio Committee on Local Government and Traditional Affairs, Hon. L Nazo, on 1 October 2008 had indicated that information on travelling and subsistence expenditure should also be included in the Annual Report, and enquired whether the Committee should express a view in this regard. The Municipal Manager pointed out that the Annual Report was compiled in accordance with National Treasury guidelines, and that it was not the intention to include excessive detail in the Annual Report, but to provide a general overview of the Municipality’s performance and financial position, and remarked that detailed information in respect of a particular matter should rather be submitted to the relevant Standing Committee when required. Councillor Odayar stated that the intention of the guidelines issued was to ensure that local authorities reported in a uniform manner, thus enabling higher authorities to compare statutory compliance by local authorities, and suggested that the Council should rather focus on following official guidelines instead of the opinions of individuals in higher spheres of government. Councillor Seti stated that issues such as travelling and subsistence expenditure should be dealt with by the Oversight Committee as part of its extended brief, and the Chairperson indicated that the Committee should have dealt with this matter at the start of the oversight process and pointed out that issues that could lead to recurring comments/ criticism from other spheres of government should nevertheless be minimised. The Chairperson also stated that the Auditor-General’s Management Report was circulated to all Councillors and that it contained extensive details on a number of issues. Councillor Seti stated that the Committee had a responsibility to engage those spheres of government which felt that it had an oversight role over the Council at another level, and that the contentious issues should be highlighted. The Chairperson indicated that contentious issues would be dealt with through engagement at a political level, and that there was no need to highlight these in the Oversight Report. In respect of paragraph 3.2.1.3 – Local economic development – co-operatives, it was pointed out that the Committee earlier resolved that the remedial strategies in future be defined during the review of the Integrated Development Plan (IDP), 2009/10 Budgets and Service Delivery and Budget Implementation Plan (SDBIP). The Chairperson stated that there was an urgent need for the Executive Director: Economic Development and Recreational Services to formulate a Local Economic Development Strategy, hence the need to reflect this in the IDP. Councillor Set suggested that co-operatives and institutions that were not assisted by the Municipality should also be included in the strategy in order to be able to access assistance from the Municipality, and that the targets for the Municipality to assist co-operatives should be increased. It was pointed out that the Annual Report dealt with initiatives that were undertaken during the period under review, and that it would not


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be appropriate to include those co-operatives that were not assisted by the Municipality in the Oversight Report. Councillor Odayar pointed out that the details of a Local Economic Development Strategy should rather be dealt with by the relevant Standing Committee. The point was made that the strategy to be developed should also reflect the Municipality’s responsibility to assist those co-operatives and institutions that were not currently assisted by the Municipality in order to be able to access assistance. With reference to paragraph 3.2.1.4 – Local economic development – broad-based economic empowerment, the point was made that the Municipality’s initiatives to promote broad-based economic empowerment should include its Supply Chain Management policy, lobbying initiatives through SALGA in order to overcome current legislative obstacles (particularly the legal framework governing Supply Chain Management) and political engagements at various levels. Regarding paragraph 3.2.1.5 – Sports development, it was pointed out that the Committee had earlier agreed that a clear strategy for the implementation of sports development programmes be developed, and that uniform standards and norms for the maintenance, upgrading and development of all sports facilities be implemented. In respect of paragraph 3.2.1.7 – Public participation during Oversight Process, the Chairperson indicated that the session that was arranged for Councillors on 17 February 2009 was poorly attended, and that Councillors would be required to explain their non-attendance to the Office of the Speaker. Councillor Odayar suggested that Councillors should in future be deployed to specific public meetings, and the Chairperson stated that it should be compulsory for Ward Councillors to attend public meetings with their respective Ward Committees. The point was also made that officials, especially those from service delivery orientated Directorates, should also be required to attend these public meetings in order to provide responses to issues raised by the public, and reference was made to the Committee’s earlier resolution that instances where certain issues were identified during the public participation process that required specific further actions or attention, such issues should be reported on to the relevant Standing Committee by Directorates. The Municipal Manager suggested that the first sentence under this section should be amended to read as follows:

“The Committee recommends that such of the inputs received from the public during the Oversight Process relating to operational matters be channelled to the municipal administration for attention.”

The Committee’s recommendation under paragraph 3.2.1.8 – Ward Committees and public participation was amended to read as follows:

“The Committee recommends that a review of performance of Ward Committees and their functionality be undertaken and that an amended model/ framework as well as terms of reference be developed to improve their functionality.”

Referring to paragraph 3.2.1.9 – Good governance – Audit Committee, the Municipal Manager pointed out that there was no statutory obligation to submit the Audit Committee’s Minutes to the Council, and that it was not necessary for the Committee to further express a view on the matter in view of the Council’s decision on 12 February 2009. He suggested that the paragraph be amended to read as follows:


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The Committee recommends that the Audit Committee Charter be amended to provide that the Audit Committee submit a report on its activities on a bi-annual basis.”

Councillor Seti suggested that this Committee should meet with the Audit Committee before the latter’s Charter was amended, and the Municipal Manager pointed out that Audit Committee members often found it difficult to attend meetings due to time constraints, and suggested that the Committee liaise with the Chairperson of the Audit Committee in the first instance re the amended of the Audit Committee Charter and the frequency of submitting reports to the Council, and undertook to verify the Council’s decision in this regard dated 12 February 2009. The point was made that it would not be practical for the Audit Committee to submit a report to the Council after every quarterly meeting, and the Municipal Manager explained that the purpose of an Audit Committee was to provide a broad overview of issues of governance to the institution. With regard to paragraph 4 – Council Resolutions, it was agreed that all the bullet points should be replaced with sequential numbering, and that the third bullet point (4.1.3) should be amended to read “the recommendations of the Oversight Committee be approved”. Councillor Captain suggested that the Oversight Committee should meet at least quarterly, and the Chairperson pointed out that the Council, during the 2006/07 oversight process, extended the Oversight Committee’s mandate to monitor the implementation of its recommendations. The Chairperson referred to the cases of outstanding litigation that were carried over from the previous Annual Report, and the Municipal Manager pointed out that these cases were reflected in the financial statements in accordance with accounting standards, i.e. to reflect contingent liabilities. He also indicated that every effort was made to reduce the number of outstanding cases. The suggestion that the following recommendations be added under paragraph 4 was supported:

“4.3 The Council to adopt a more vigorous approach to promote EPWP projects amongst communities, and that the Municipality use EPWP principles and tools more extensively when implementing capital projects.

4.4 Directorates to submit the reports as identified by the Oversight

Committee to the various Standing Committees during the April 2009 cycle of meetings.”

The Chairperson requested that the draft Oversight Committee Report be circulated to all members of the Committee as soon as the above amendments have been affected, and thanked those Councillors present for their contributions to the oversight process. The meeting terminated at 12:10. CHAIRPERSON


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ANNEXURE “B” : NOTES ON PROCEEDINGS OF PUBLIC PARTI CIPATION PROCESS WITH STAKEHOLDERS AND SOCIAL PARTNERS IN RE SPECT

OF 2007/08 ANNUAL REPORT

PUBLIC PARTICIPATION MEETING : ALL COUNCILLORS

CONFERENCE CENTRE (OLD WOOLBOARD EXCHANGE)

(Meeting held 17 February 2009)

PRESENT: Municipal Manager (Chairperson) (See attached attendance register)

PRESENTATION : 2007/08 ANNUAL REPORT AND 2008/09 MI D-TERM REPORT The Municipal Manager briefly explained the purpose of the meeting and gave overviews of the 2007/08 Annual Report and the 2008/09 Mid-Term Report, respectively. Attached hereto as Annexure “A” is a copy of the Powerpoint Presentation made at the meeting. The following concerns/queries were raised and responded to by the officials present:

- The accuracy of the 99% revenue collection as contained in paragraph 1.3.2 as well as how the 99% had been derived, was queried.

It was explained that the 99% related to actual performance up to June 2008 according to bills sent out to consumers for services rendered. The 99% reflects the physical amount collected in relation to bills sent out to consumers.

- Concern was expressed about the extent of Government arrears. Upon an enquiry as to what can be done to resolve this issue, the assurance was given that the Office of the COO was engaging other spheres of government in order to improve the state of affairs. It was also mentioned that Provincial Treasury had undertaken to assist, where possible, by means of the offsetting of debt.

- With regard to personnel costs, it was requested that the percentages

30,2% and 26% in this regard be explained. The officials responded by stating that the 30,2% related to the year ending June 2008 and that the 26% related to the first six months (2008/09 Mid-Term Report).


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- Upon enquiry, Mr Thys stated that the value in respect of loans by the Metro totalled R450 million. He stated that the Council was paying under 2% of its Capital Budget towards the redemption of loans.

- The report referred to refuse collection in the Metro’s areas of

jurisdiction. It was pointed out that this service was currently being rendered in the urban area only. In response, it was confirmed that the presentation in fact only referred to the urban area. It was agreed that the need for door-to-door refuse collection in peri-urban areas should be investigated.

- Reference was made to the 66 CCTV cameras stated in the report. It

was, however, reported that the said cameras were not being utilised effectively, as there were no qualified persons manning the cameras at present. It was confirmed that the matter was being investigated by the Executive Mayor. The volunteer programme was currently being phased out. However, certain volunteers had been identified for training on the operation of CCTV cameras and it was envisaged that training would be rolled out shortly.

- It was stated that the Ward Committee system was not as functional as

stated in the report and that the required number of meetings to be held by some Ward Committees was not being met. The COO requested Councillor Captain to raise this matter at the Oversight Committee, with a view to improving same.

- With reference to the external loans register (page 544), it was

enquired why there was such a big spread/fluctuation in the interest rate being paid. It was noted that the first four loans had been taken up by the erstwhile Uitenhage Municipality, at a time when interest rates were high.

- It was requested and agreed that copies of the presentation be

forwarded to Ward Councillors, with the request that they make same available to their ward committees.

CLOSURE The COO requested Councillor Captain to close the meeting, whereupon Councillor Captain thanked the officials for a well-prepared overview of the Annual and Mid-Term Reports. He also thanked the Councillors for attending the meeting.


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NOTES OF PROCEEDINGS OF PUBLIC PARTICIPATION

MEETING - ANNUAL REPORT 2007/08


CITY HALL PRESENT: Councillor M Odayar (Chairperson) Councillor C Williams (Speaker) Dr I Tsatsire (Chief Operating Officer) The Speaker welcomed all present at the meeting and gave a brief overview of the objectives of the public participation process. She explained that it was an issue of legal compliance and urged the public to actively participate in the process. The Chief Operating Officer then gave a brief presentation of the Annual and Mid-Term Reports. CONCERNS RAISED BY PUBLIC - Reference was made to Agriculture Projects in the Metro, and it was

enquired how many were still in operation. The Chairperson informed the meeting that an audit would be conducted regarding the status and the financial viability of the various poverty relief projects.

- Councillor Slabbert expressed concern over illegal dumping in Fairview

and other parts of the Metro. - Concern was also expressed that the Annual Report did not reflect the

upgrading improvements made to infrastructure, i.e. electricity, water and sanitation.

- Reference was made to the R17 million grant received by Nelson

Mandela Bay Tourism, and it was enquired what monitoring systems were in place in order to ensure that the funds were being spent appropriately.

- The Annual Report did not indicate what measures had been

implemented to ensure a crime-free and safe environment for citizens. - Concern was raised over the low number of Ward Committee meetings

held and it was requested that this issue be addressed.


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- The Annual Report did not reflect the status of the BRT Project. - The inclusion of information on the ICT Project in the Annual Report

should be considered. - The capacity of the Municipality to create adequate human settlements

was questioned. The Chief Operating Officer explained that the turnaround time would be improved. There were delays with the EIAs and a lack of contractor capacity.

The Chairperson thanked all present for their attendance and contribution. CHAIRPERSON


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MINUTES OF PROCEEDINGS OF IMBIZO – GELVANDALE

COMMUNITY CENTRE (WARDS 10, 11,12 AND 13)


PRESENT: Councillor B C Williams (Chairperson)

Councillor I Adams Councillor M von Bochenroder Assistant Director : Policy and Research (Ms S Claasen) Chief Accountant (Mr K Felix) Administration Officer (Mr J Wait) Ward Committee Coordinator (Ms I Jordaan) Committee Secretary (Mr D Arends)

The Chairperson, Councillor B C Willams, welcomed all present to the meeting and provided a background to the 2007/08 Annual Report and 2008/09 Mid-Term Report. Presentations on the 2007/08 Annual and 2008/09 Mid-Term Reports were made by Ms S Claasen and Mr K Felix. CONCERNS RAISED BY RESIDENTS 1. The septic tanks in the Colchester area were problematic and could

lead to cholera outbreaks. 2. The Traffic Department’s officials were not answering their phones. 3. Theft of electricity was problematic and it was enquired what the

Municipality was doing about the issue. 4. It was enquired when the Malabar Clinic would come into operation. 5. The Sport Complex in Malabar needed attention, and although letters

had been sent to officials, there had been no response. 6. It was commented that the Municipality was stating that there was a

skills shortage, but many skilled people remained unemployed. 7. The concern was raised that the target of installing high-mast lighting

had not been achieved and an enquiry was made about the number of lights installed in the Northern Areas.

8. Defective houses were identified as a major problem.


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9. Residents from Ward 10 complained about the following matters:

- Dirt and illegal dumping sites in Avalon Crescent, Goliath Crescent, Corner of Bell Road and Springbok Street, Stanford Road, Highfield Road and Helenvale area.

- Contractors to collect waste have not started working since the

tender was awarded in September 2008. - The Bell Road Community Clinic was very understaffed and

there was no shelter on the premises for patients. - Broken and defective street lights in the area were contributing

to more crime in the area.

10. Residents in Ward 13 complained about the following:

- The employment and skills development of disabled people was still not being addressed by the Municipality.

- Waste was collected twice per month only in the Helenvale area,

which was problematic.

- The houses were too small and there was a problem with overcrowding in the Helenvale area.

- No money was being made available by the Municipality for the

Helenvale Urban Renewal Programme. The meeting terminated at 20:30. CHAIRPERSON


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LINTON GRANGE LIBRARY PRESENT: Councillor M Odayar (Chairperson) Councillor M de Andrade Mr S Ndabeni APOLOGY: Councillor A Lovemore OPENING AND WELCOME Councillor De Andrade welcomed all present at the meeting. PRESENTATION OF ANNUAL REPORT 2007/08 AND MID-TERM REPORT Mr S Ndabeni made a brief presentation in the above regard at the meeting. The following concerns were raised by the public:

• The absence of funding for the employment of sufficient rangers for the Baakens Valley;

• The current backlog of RDP housing to be addressed as a matter of urgency;

• The introduction of high-density accommodation in open spaces to alleviate the housing shortage;

• Absence of a Disaster Management Control Centre in the Western Suburbs;

• The quality of drinking water to be monitored more frequently and potential problems to be addressed.



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MINUTES OF PROCEEDINGS OF PUBLIC PARTICIPATION

PROCESS MEETING HELD AT DAKU HALL ON TUESDAY, 24

FEBRUARY 2009

PRESENT: Councillor M D Seti (Chairperson) Councillor T C Mtyapa

and 113 members of the public ALSO PRESENT: Assistant Director : Organisational Transformation (Mr M Kotela)

Assistant Director : Policy, Research and Transformation (Mrs L Nkanjeni) Chief Accountant (Ms N Thomas) Chief Accountant (Mr N Scott) Co-ordinator - Language Proficiency (Ms M Nel) Administrative Officer (Mr J Wait) Ward Co-ordinator (Ms I Jordaan) Assistant Co-ordinator Ward Programmes (Mr S Maqina) Administrative Clerk (Ms P Mthi) Committee Secretary (Mr D Hlebani)

APOLOGIES: A verbal apology was received from Councillor M C

Makoni OPENING AND WELCOME At the request of Councillor M D Seti, the meeting was opened with a short prayer, whereupon he declared the meeting duly opened and welcomed all those present at the meeting. Councillor Seti reported that the main purpose of the meeting was to present the 2007/2008 Annual Report of the Municipality to the public, as required in terms of the Municipal Finance Management Act. The report dealt with, inter alia, institutional performance, which was based on targets which the Municipality had set itself to achieve in terms of the IDP. The meeting would also be addressed by both Oversight Committee members and officials. Elaborating further, Councillor Seti stated that the Annual Report for the 2007/08 financial year had been tabled at the Council meeting of 22 January 2009 for adoption. After the adoption, the Report had been publicised and made available at municipal libraries and other municipal offices for public comments.


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Explaining the process followed to produce the Annual Report, Councillor Seti disclosed that once the IDP and Budget had been approved, the Municipality should compile a service delivery plan, from which the performance of the Municipality would be assessed. Furthermore, the report referred to the above-contained financial statements of the previous financial year that had been audited by the Auditor-General. The Municipality had received an unqualified audit report. Councillor Seti gave the assurance that submissions made at the meeting would be incorporated into the Oversight Report. The meeting was not about Councillors versus the community, but about collectively engaging with the report. He then called upon the Assistant Director : Organisational Transformation, Mr M Kotela, to make the presentation. Mr Kotela stated that Councillor Seti had already explained in depth the purpose of this meeting and that he would accordingly do a presentation on the detail thereof. Mr Kotela then delivered the presentation, a copy of which is attached as Annexure “A” . After the presentation had been done, questions and comments from the public were invited and clarifications, comments and submissions, as indicated, hereunder were made. Comment The delay by the Department of Environment and Economic Affairs rgarding Environmental Impact Assessments (EIAs) was disturbing, as residents were blocking the road construction projects. Submission That Council engage the Department of Environment and Economic Affairs over the long period taken by those involved in finalising EIAs, as this delay had had unintended consequences. Ward 18 Comments It was stated that the poorly maintained equipment in parks posed a hazard to children. Sport and recreation facilities were not up to standard, and there were no playing fields. There was no maintenance of sports fields in areas where these existed. The Zwide Library kept outdated books, compared to the libraries in town, which had new and updated books on loan. It was enquired why the 2010 Fan Park would be established in town (St George’s Park) instead of in the townships.


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Regarding youth development, it was said that the report was silent in this regard and it was enquired what the youth development programme of the Municipality encompassed. Ward 27 It was submitted that CCV surveillance’s areas should be increased, as they had had a commendable effect at Njoli Square. The Municipality was commended on the achievements made thus far. Ward 16 It was enquired what the Municipality’s plans were regarding the housing problem in the Metro. Submission It was submitted that the maintenance and development of sports fields in the Ibhayi area, i.e. Zwide, Soweto-on-Sea, KwaZakhele and New Brighton, be improved and that the sports fields be grassed. Ward 22 It was stated at this meeting that a clinic had been built in 2007 in the above ward and that the population using it had increased considerably and it accordingly needed to be extended. The staff employed, was available to dispense medicine to patients, but there was nothing to be dispensed. Submission That the dumping of refuse in the open space be ceased, as the children were playing cricket in the area. That in Ward 22, near the garage, the problem of sand being deposited on the road during heavy rains needed attention. Questions It was enquired what the municipal programme was regarding the volunteers. Regarding the cracked walls of houses in Chatty, it was enquired what the Municipality’s programme was to address the situation.


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Submission A submission was made regarding the installation of high-mast lighting on Njoli Square, as it was felt that that would drastically reduce crime in that area. Ward 20 There was a complaint that the building contractors appointed to build houses at Greenfield were inexperienced. On projects blocked by the Municipality, it was asked what assistance the Municipality could provide. Matthew Goniwe – Blue Flats It was reported that toilets of the blue flats in the above area were in a bad state, to such an extent that sewage was overflowing outside the buildings, due to the sewerage pipes being dysfunctional. Submission That a follow-up be made regarding the contractor appointed by Council to construct a park, who subsequently abandoned the job, because it was too expensive to carry on. The grass-planting project in the park, which had not been completed, needed to be followed up. Children played in this area and the park was also unfenced. Question Was the Municipality responsible for the delivery of houses to the people? Submission Vegetable gardens started by the residents on land that was suitable for such activities had deteriorated to the extent that they were now non-existent. They had to be revived. Responses With regard to the Zwide Library, it was stated that there was not enough funding to computerise all libraries so that readers could access updated and new books.


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Regarding EIAs, which were purported to be a source of some of the problems, it was explained that the expedition of the process remained the task of the Provincial Department of Environment and Economic Affairs. Council was, however, engaging with the Department on an on-going basis. Regarding the decision to erect a fan park at St George’s Park for the 2010 FIFA World Cup instead of in the township, it was explained that the Park had to comply with the requirements of the World Soccer Body. Explaining the process being followed in the appointment of volunteers, it was stated that top positions had been advertised, so that those appointed could take the process forward and appoint people, including volunteers, at subordinate ranks. Referring to the issue of defective houses, it was explained that the Municipality had introduced a comprehensive programme to deal with such houses. The Mission Road or National Road was the competency of the Provincial Department of Transport. The responsible staff had not been present at this meeting to respond to questions raised. However, the relevant questions would be noted and forwarded to them. It was further explained that the Ward Councillors should avail themselves to answer some of the questions asked regarding housing delivery. With regard to the tarring of roads, it was explained that a system had been introduced by Council and Councillors on consultation with Ward Committees, and that Council should reintroduce a five-year priority list. The following emanated from the second round of questions and clarities, comments and submissions made. Ward 36 Submission The Assistance to The Poor Policy needs to be monitored. The nurse-to-patient ratio in the Province was 1:40. It was requested that the status of temporary nurses be investigated. Ward 15 Submission That the municipal officials co-operate with Ward Committees on official matters of Council and the community.


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That the Municipality monitor projects in areas where these were taking place, because contractors were abandoning projects in an incomplete state. Ward 19 Submission That each municipal directorate presents its Mayoral Outreach Programme to a workshop yet to be convened so that Ward Committees and the community at large would be able to understand the reports of Council presented to the public for comments and/or submissions. Ward 27 The MDR and XDR sicknesses be monitored. The security lights in the township need to be monitored, as some were not switched on at night, which did not help to deter criminals. The Municipality was requested to put in place a strategy to prevent the transfer of nurses from the Municipality to the Province. Ward 19 Submission That preference in the utilisation of unused municipal buildings be given to people with disabilities. On the question whether Ward Councillors were allowed to seek employment on projects available in wards, the answer was in the affirmative, as long as the approved employment process had been followed. Ward 16 It was requested that reports of this nature be distributed to Ward Committees before being given to the public for comments. It was stated that cluster reports would constitute subreports of the entire report. Councillor Seti informed the public at this meeting that the IDP and Budget would be tabled at Council in March 2009, whereafter public participation to debate on them and receive inputs, which would be prioritised and incorporated into the Budget, would follow.


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He noted that there was no functional Ward Committee system, which could serve as a model and framework for the operation of Ward Committees, and that the Ward-Based Planning had not been successfully implemented. He thanked all those present for their participation at the meeting. The meeting terminated at 20:30. COUNCILLOR M D SETI C H A I R P E R S O N


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MINUTES OF PROCEEDINGS OF 2007/08 ANNUAL REPORT AND

2008/09 MID-TERM REPORT PUBLIC HEARING


PRESENT: S Kotela (Chairperson) L Nkanjeni M Nel N Scott J Wait L Myira ALSO PRESENT: See attached register. PURPOSE The Chairperson explained that the purpose of the meeting was to report back to the communities about the progress made thus far in implementing the projects identified by communities for the 2007/08 financial year. PRESENTATION Ms L Nkanjeni gave background information on the compilation of the IDP. Among the issues highlighted, was the link between the IDP and the delivery programme. She further highlighted the importance of the Performance Management System in assessing progress in delivery, i.e. an inward and outward looking approach to PMS. On the achievements of the Nelson Mandela Bay Metropolitan Municipality, she referred the meeting to the presentation circulated at the meeting. QUESTIONS AND COMMENTS The following comments were received: - In the delivery report, the upgrading of facilities should be grouped

according to wards. - The presentation was not adequately addressing problems in wards,

e.g. bush clearing in certain areas of KwaNobuhle. - CCTVs were not covering all areas in Nelson Mandela Bay. - The report was biased towards Port Elizabeth projects, e.g. CBD

upgrading.


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- Council should address overcrowding at Laetitia Bam Hospital and Mabandla Clinic in KwaNobuhle.

- Council needs to build a clinic in the Chris Hani area in KwaNobuhle. - Water Treatment Works should be constructed in non-residential

areas, as they create a health hazard. - Council should attend to EIA issues as a matter of urgency, as the

delays in EIA’s were delaying service delivery. - Council should address blocked projects as a matter of urgency. - Council should consider developing more transfer dumping sites at

KwaNobuhle, as there were only two dumping sites. - Council should develop a programme for the cleaning of canals and

rivers, as these are potential health hazard areas. - Bursary forms for scarce skills should be distributed in all areas on

time. - Council should develop a delivery programme for Areas 9 and 10, as

there was no delivery was happening in those areas. - Cleaning of Uitenhage should be done by Uitenhage co-operatives and

not outsourced to Port Elizabeth companies. RESPONSE The Chairperson explained that political problems would be dealt with by politicians and added that the breakdown of service delivery would be addressed by the relevant Directorates It was stated that most of the concerns would be referred to the Oversight Committee for consideration. The meeting terminated at 20:00. CHAIRPERSON


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UITENHAGE TOWN HALL

PRESENT: Councillor B C Williams (Chairperson) Mr S Ndabeni OPENING AND WELCOME Councillor R Williams welcomed all present at the meeting. PRESENTATION OF THE ANNUAL REPORT 2007/08 AND MID-T ERM REPORT Mr S Ndabeni made a brief presentation in the above regard at the meeting. Concerns raised by the public:

• The validity of the Municipality’s 100% debt collection rate was questioned.

• The quality of the houses built as part of the housing delivery process was of a poor standard.

• Concerns were raised regarding illegal dumping and stray animals in the Uitenhage area. This was mainly due to the absence of law enforcement/impounding officers. There was also a general lack of branding of stray animals.

• The absence of crime prevention measures in Uitenhage was another matter of concern and it was pointed out that there was only one surveillance camera in the Uitenhage CBD.

• General unhygienic conditions prevailed where informal traders did business.

• The issue of the payment of dog tax should be finalised. • A general lack of sport facilities in the Uitenhage area. • A general lack of maintenance at the Kwalanga Memorial. • Reference was made to various corruption cases against staff in the

Municipality and a request was made that these be finalised. • Improvement needed in respect of creditors’ payment. • Upgrade of the CBD in Uitenhage should be prioritised. • The report referred to 98% electricity supply in Joe Slovo, but it was

indicated that this was not correct, as there were still some areas without electricity.


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• The success rate and effectiveness of the CCTV cameras were questioned.

• The implementation of the Ward-Based Planning Project should be expedited.

• The replacement of water meters often led to unnecessary wastage and should be addressed.

• There was a general lack of job creation opportunities in the Uitenhage area.

• A general lack of services in Ward 48 area. • A general lack of housing in the Rosedale and Gamble areas. • Concern was expressed that the roads were narrow and the

sidewalks not being completed in Ward 49. • The percentage of hot water geyser controls installed in the

Uitenhage area should be reflected in the report. The meeting terminated at 19:35. CHAIRPERSON


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NOTES OF PROCEEDINGS OF PUBLIC PARTICIPATION MEETIN G - ANNUAL REPORT 2007/08

(Meeting held 2 March 2009)

PRESENT: Councillor M Odayar (Chairperson) OPENING AND WELCOME Councillor M Odayar welcomed all present at the meeting. PRESENTATION OF ANNUAL REPORT 2007/08 AND MID-TERM REPORT A brief presentation in the above regard was made at the meeting. Concerns raised by the public:

• The enforcement of by-laws and whether the relevant by-laws for 2010 had been promulgated. Councillor Odayar responded that most by-laws were in place and would be enforced, as it was a FIFA requirement.

• The lack of upgrading of sports fields in the Northern Areas was a concern. Councillor Odayar furnished a list of sports fields that had been upgraded in the Northern Areas and of further developments that were in progress.

• Reference was made to the progress made in respect of roads infrastructure upgrading for 2010 and whether such upgrading would be completed in time. Councillor Odayar reported that the required upgrading would be completed in time and that there were additional projects post 2010.



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ANNEXURE “C” : THE ADVERTISEMENTS OF THE OVERSIGHT COMMITTEE MEETINGS AND INVITATIONS TO THE PUBLIC TO

PARTICIPATE

NOTICE OF MEETINGS OF ANNUAL REPORT OVERSIGHT COMMITTEE / 2007/08 ANNUAL REPORT OPEN FOR INSPECTION The Council on 22 January 2009 considered its 2007/08 Annual Report, and an Annual Report Oversight Committee consisting of the Speaker and ten Councillors was established in order to receive and study comments from Councillors and Ward Committees in respect of the Nelson Mandela Bay Metropolitan Municipality’s Annual Report. Notice is hereby given that meetings of the Council’s Oversight Committee have been scheduled as follows:

DATE TIME VENUE Monday, 2 February 2009 09:00 Conference Centre, Old Wool Exchange

Building Tuesday, 10 February 2009

09:00 Conference Centre, Old Wool Exchange Building

Tuesday, 24 February 2009

09:00 Council Chamber, City Hall, Port Elizabeth

Thursday, 5 March 2009 09:00 Conference Centre, Old Wool Exchange Building

Thursday,12 March 2009 09:00 Conference Centre, Old Wool Exchange Building

Members of the public are welcome to attend and observe the proceedings of the Oversight Committee during the above meetings. Furthermore, the Nelson Mandela Bay Metropolitan Municipality is inviting comments from the public on its 2007/08 Annual Report. Copies of the Report lie open for inspection at all municipal libraries, as well as on the municipal website: www.nelsonmandelabay.gov.za. Any comments on the Report must be submitted to the Office of the Municipal Manager (Attention: Chief Operating Officer) at PO Box 116, Port Elizabeth 6000; or fax: 041 5054514; or e-mail: [email protected] by not later than Wednesday, 25 February 2009 .


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2007/08 ANNUAL REPORT PUBLIC PARTICIPATION PROCESS

The Nelson Mandela Bay Metropolitan Municipality will conduct meetings regarding its 2007/08 Annual Report with the public, various sectors and interest groups, as set out in the schedule hereunder: STAKEHOLDERS DATE VENUE TIME All Councillors Tuesday,

17 February 2009

Woolboard Conference Centre, Military Road

09h00

Ward Committees, Community Development Workers and Youth Advisory Centre Staff Wards 1, 2, 3, 4 and 5

Wednesday, 18 February 2009

Reception Room, City Hall

18h00

Ward Committees, Community Development Workers and Youth Advisory Centre Staff Wards: 10, 11, 12 and 13

Thursday, 19 February 2009

Gelvandale Community Hall

18h00

Ward Committees, Community Development Workers and Youth Advisory Centre Staff Wards 6, 7, 8, 9, 39 and 40

Monday, 23 February 2009

Linton Grange Library

18h00

Ward Committees, Community Development Workers and Youth Advisory Centre Staff Wards 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 33, 36 and 37


Daku Hall 18h00


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STAKEHOLDERS DATE VENUE TIME Ward Committees, Community Development Workers and Youth Advisory Centre Staff Wards 42, 43, 44, 45, 46 and 47

Wednesday, 25 February 2009

Babs Madlekane Hall

18h00


Thursday, 26 February 2009

Uitenhage Town Hall

18h00


Monday, 2 March 2009

Chatty Community Hall

18h00

Ward Committees, Community Development Workers and Youth Advisory Centre Staff Wards 23, 53, 54, 55, 56, 57, 58, 59 and 60

Monday, 2 March 2009

Raymond Mhlaba Sport Centre

18h00

All stakeholders Tuesday, 3 March 2009

City Hall, Reception Room, Port Elizabeth

18h00

Note: The abovementioned meetings are open to the p ublic and all

stakeholders are welcome to attend any of the meeti ngs.


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NOTICE OF MEETINGS OF ANNUAL REPORT OVERSIGHT COMMITTEE / 2007/08 ANNUAL REPORT OPEN FOR INSPECTION The Council on 22 January 2009 considered its 2007/08 Annual Report, and an Annual Report Oversight Committee consisting of the Speaker and ten Councillors was established in order to receive and study comments from Councillors and Ward Committees in respect of the Nelson Mandela Bay Metropolitan Municipality’s Annual Report. Notice is hereby given that meetings of the Council’s Oversight Committee have been scheduled as follows:

DATE TIME VENUE Tuesday, 10 February 2009

09:00 Conference Centre, Old Wool Exchange Building


09:00 Council Chamber, City Hall, Port Elizabeth

Thursday, 5 March 2009 09:00 Conference Centre, Old Wool Exchange Building

Thursday,12 March 2009 09:00 Conference Centre, Old Wool Exchange Building

Members of the public are welcome to attend and observe the proceedings of the Oversight Committee during the above meetings. Furthermore, the Nelson Mandela Bay Metropolitan Municipality is inviting comments from the public on its 2007/08 Annual Report. The report can either be viewed on the municipal website: www.nelsonmandelabay.gov.za or inspected at any of the 22 municipal libraries or any of the 13 Customer Care Centres located throughout Nelson Mandela Bay, as reflected in the tables below. MUNICIPAL LIBRARIES:

BRANCH PHYSICAL ADDRESS Algoa Park Library Algoa Park Shopping Centre, off St. Leonard's Rd. Allanridge Library Kamesh Rd, Allanridge, 9490

Booysen Park Library Booysen Park Community Centre, Balmoral Rd, Booysen Park, 6059


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Chatty Library Astra Shopping Centre, off Bertram Rd, Chatty, 6059 Despatch Library cnr. Main & Voortrekker Streets, Despatch, 6220 Elukhanyisweni Library

Ponana Tini Rd, (Urban Foundation Building), Kwanobuhle, 6242

Gelvandale Library Gelvandale Shopping Centre, Liebenberg Rd, Gelvandale, 6020 Korsten Library Ablett St, Korsten, 6020 Kwadwesi Library Siduli St, Kwadwesi, 6201 Kwamagxaki Library Ngundwana St, Kwamagxaki, 6201

Kwanobuhle Library Matanzima Rd, Kwanobuhle, 6242

Kwazakhele Library Enkuthazweni Resource Centre, Stofile St, Kwazakhele, 6205

Linton Grange Library Linton Grange Shopping Centre, Cape Road, Linton Grange, 6025

Main Library Market Square, Central, Port Elizabeth, 6001 Africana Library Market Square, Central, Port Elizabeth, 6001 Motherwell Library cnr Umnulu & Ngqokweni Streets, NU9, Motherwell, 6211

New Brighton Library Nangoza Jebe Hall (formerly Centenary Hall), New Brighton, 6200

Newton Park Library 4th Avenue, Newton Park, 6045 North End Library Mount Road, North End, 6001 Uitenhage Town Library

Market St, Uitenhage, 6229

Walmer Library Main Rd, Walmer, 6070 West End Library West End Shopping Centre, St. Arcadius St, West End, 6059 Zwide Library Qeqe St, Zwide, 6201

CUSTOMER CARE CENTRES:

• Eric Tindale Building in Govan Mbeki Ave • Walmer in 6th Ave, behind Pick 'n Pay • Korsten, next to Korsten Library, opposite Livingstone Hospital • Cleary Park in Cleary Park Shopping Complex • New Brighton ,next to New Brighton New Law Court • Zwide, Johnson Road, next to Zwide Clinic • Motherwell in Motherwell Shopping Complex • Mtombolwazi, next to Motherwell Cemetery, Addo Road • Despatch, in Khayamnandi Township • Despatch, in Daleview Township • Despatch Main Road • Uitenhage in Uitenhage Town Hall in Market Street • Kwanobuhle, in Ponana Tini Street Municipal Building

Any comments on the Report must be submitted to the Office of the Municipal Manager (Attention: Chief Operating Officer) at PO Box 116, Port Elizabeth 6000; or fax: 041 5054514; or e-mail: [email protected] by not later than WEDNESDAY, 25 FEBRUARY 2009 .

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