Council Desicions - Meeting held 2016-09-28 - Durban Minutes and D… · Web viewKindly note that...

KRR(2016-09-28)(SAM)[CHALL-138857] 2016-10-04

COUNCIL DECISION CIRCULAR : MEETING HELD ON 2016 - 09-28

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2016-09-28.

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

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

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

- 2 - (eThekwini MunicipalityCouncil Decisions - 2016-09-28)

OUTSTANDING ITEMS : JUNE 2016 COUNCIL MEETINGS

1. FIRST REPORT OF THE EXECUTIVE COMMITTEE : SPECIAL MEETING HELD ON FRIDAY, 2016-03-11

1.1 REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE MEETING HELD ON 2016-03-09

1.1.1 NOTING OF RULE OF ORDER 28: Request to Authorise City’s Partnership for 3 rd Annual Youth Hip Hop Festival (13/3/1): (Page 1 : Economic Development and Planning Committee - Agenda 2016-03-09)

With the DA dissenting as they were of the view that savings should not be utilised for the event, as the Hip Hop Festival had not been budgeted for in the first instance, and with the IFP and ACDP abstaining,

COMMITTEE RECOMMENDS:

1.1.1.1 That the City's partnership with the 3rd Annual Youth Hip Hop Festival be approved.

1.1.1.2 That the event partnership financial commitment respectively as stipulated in TABLE B hereunder, be approved.

1.1.1.3 That the Head: Business Support, Tourism and Markets Unit be authorised to negotiate and conclude contracts with the organisers of the Youth Hip Hop Festival.

1.1.1.4 That subject to the approval of .1, .2 and .3 above, the Head: Business Support, Tourism and Markets Unit keep the City's leadership informed of progress and the ultimate outcome.

Financial Implications:TABLE BEvent Name Period of

OccurrenceRecommended Support Amount

2015/2016

3rd Youth Hip Hop Festival 30 April 2016 R500 000.00

Total Amount Excluding VAT

R500 000.00

VAT R70 000.00

Total Amount Including VAT

R570 000.00

Vote No.: 30010.10565 R500 000.00 (Excl. VAT) To be provided via Virement Budget in 2015/16FC No.: 13/23

The Annual Hip Hop Festival item was submitted at the Special Council meeting held on 2016-03-11 but the item was deferred for consideration at the next ordinary Council meeting. Accordingly, the item was resubmitted at the Council meeting held on 2016-03-31 but in this meeting an oversight occurred where the item was believed to have already been considered together with other events which were approved at the Special Council meeting on 2016-03-11. As a result, the Hip Hop Festival recommendations were not considered by Council on 2016-03-31.

On 2016-09-28 Council NOTED the above recommendations of the Executive Committee.


2. SECOND REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON MONDAY, 2016-06-20

2.2 REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE: MEETING HELD ON 2016-06-06

(Page R1)

2.2.1 NOTING OF RULE OF ORDER 28: Request to Implement Vulnerable Groups Programme (19/1/1/2/1):(Page 1 : Governance and Human Resources Committee - Agenda 2016-06-06)

The Committee considered a report seeking approval to implement Vulnerable Groups Programmes as per the 2015/2016 Business Plan. The report included programmes for children and senior citizens. The Committee noted that the dates of most of the events contained therein have already passed and therefore agreed that approval by this Committee was no longer necessary. The Committee only approved the implementation of the “World Elderly Abuse Month” event which is scheduled to take place on 10 June 2016.

The Executive Committee noted that the date of 10 June 2016 had already passed. It was then agreed that the Chairperson of the Governance and Human Resources Committee in conjunction with the Deputy City Manager: Governance and International Relations identify another suitable date for this event


2.2.1.1 That given that the dates of some of the events have already passed, it be noted that the Committee has not considered the Children and Senior Citizens events which have been scheduled to take place in April, May and 02 June 2016, as listed in the report by the Deputy City Manager: Governance and International Relations dated 2016-01-19, it being recorded that the report only reached the office of the City Manager on 2016-04-11.

2.2.1.2 That as part of commemorating the Month of June which is declared the World Elderly Abuse Month, authority be granted for the Deputy City Manager: Governance and International Relations to host an awareness event in partnership with Muthande; Department of Social Development; and Lamontville Senior Citizens' Forum at a date to be identified by the Chairperson of the Governance and Human Resources Committee and the Deputy City Manager: Governance and International Relations at Umlazi, at an estimated cost of R113 600.00 (One Hundred and Thirteen Thousand Six Hundred Rand), it being recorded that incidents of abuse of senior citizens have been reported in the areas of Lamontville and Umlazi.

Financial Implications:

ACTIVITY ITEM QUANTITY ESTIMATED AMOUNT

VOTE NUMBER

Abuse month

Refreshments Packed lunch for 1000 people @ R40

R40 000.00 32316.09740

Water 1 x water tanker R2000.00 32316.09740

Venue Transport

1 x hall R600.00 32316.06765

5 x 22 sitter buses R7 250.00 32316.11908


ACTIVITY ITEM QUANTITY ESTIMATED AMOUNT

VOTE NUMBER

Transport 1 x sound system R10 000.00 32316.06756

Sound system For 1000 people @ R50 R50 000.00 32316.09300

1 banner R1 000.00 32316.09300

Banner R1 250.00 32316.04115

Permit placards

100 placards @ R15 each R1 500.00 32316.09040

Vote: Various Vote Numbers; R113 600.00; FC Number: 06/45NOTED, by the majority vote.

2.2.2 NOTING OF RULE OF ORDER 28: Request to Implement Gender Programmes April - June 2016:(Page 14 : Governance and Human Resources Committee - Agenda 2016-06-06)

The Committee reiterated its decision taken in the preceding item that events bearing dates which have already passed would not be considered. It was then agreed to only approve the Matrons Workshop to be held on 10 June 2016 and the Maidens Conference to be held from 24 to 26 June 2016. In addition, the Committee requested that the budget for both events be reduced from R3 307 500.00 (Three Million Three Hundred and Seven Thousand Five Hundred Rand) to a budget not exceeding R1.5 million (One Million Five Hundred Thousand Rand).


2.2.2.1 That given that the dates of some of the events have already passed, it be noted that the Committee has not considered the Gender Events which have been scheduled to take place in April and May 2016, as listed in the report by the Deputy City Manager: Governance and International Relations dated 2016-04-14, it being recorded that the report only reached the office of the City Manager on 2016-04-11.

2.2.2.2 That authority be granted for the Deputy City Manager: Governance and International Relations to facilitate the hosting of the Matrons Workshop on 10 June 2016 to promote efficiency and effectiveness in promoting abstinence and related activities and the Maidens Conference to be held from 24 to 26 June 2016 to focus on moral regeneration and management of social ills, it being recorded that the Workshop budget should not exceed an amount of R1 500 000.00 (One Million Five Hundred Thousand Rand).

Vote : Various Vote Numbers; R1 500 000.00; FC Number : 06/47NOTED, by the majority vote.

2.2.3 NOTING OF RULE OF ORDER 28: Continuation of Soup Kitchen Launch (19/1/1/1/2):(Page 72 : Governance and Human Resources Committee - Agenda 2016-06-06)

In considering the report seeking authority to continue with the launch of Soup Kitchens, the Committee noted that some of the launch dates have already passed and agreed that they will no longer be considered at this level. It was then agreed to only approve launch dates for the following areas:-


● Mount Moriah : 10 June 2016● Effingham : 17 June 2016● Isipingo : 01 July 2016● Clairwood : 08 July 2016

With the Democratic Alliance dissenting, by majority


2.2.3.1 That, given that some of the launch dates have already passed, it be noted that the Committee has not considered areas with launch dates of April and May 2016, and these being Umgababa / Danganya; Umbumbulu Community Hall; Welbedacht; Sydenham; Inanda Seminary Community Hall and Inanda (Ohlange).

2.2.3.2 That, authority be granted for the Deputy City Manager: Governance & International Relations to incur expenditure in the amount of R1 937 000.00 (One Million Nine Hundred and Thirty Seven Thousand Rand) to continue with the launch of the Soup Kitchen Programme at Mount Moriah on 10 June; Effingham on 17 June; Isipingo on 01 July; and Clairwood on 08 July 2016.

Vote Number : 32309.06351; R1 937 000.00; FC Number : 06/43NOTED, by the majority vote.

2.2.4 NOTING OF RULE OF ORDER 28: Draft Gender Policy Review (4/3/3P):(Page 75 : Governance and Human Resources Committee - Agenda 2016-06-06)


That authority be granted for the Deputy City Manager: Governance and International Relations to proceed with the consultation process involving external stakeholders on the draft Gender Policy attached as Annexure "A" to the report by the Deputy City Manager: Governance and International Relations dated 2016-02-11 but received by the office of the City Manager on 2016-04-12.NOTED.

2.2.5 NOTING OF RULE OF ORDER 28: Proposed Official Opening of Human Resources Centre of Excellent at 21 Archie Gumede Place (4/3/1):(Page 109 : Governance and Human Resources Committee - Agenda 2016-06-06)



2.2.5.1 That authority be granted for the Deputy City Manager: Human Resources to incur expenditure in the amount of R25 000.00 (Twenty Five Thousand Rand) to host the official opening of the Human Resources Centre of Excellence for the use of HR portal at 21 Archie Gumede Place.

2.2.5.2 That, subject to the approval of 1. above, the Deputy City Manager : Corporate and Human Resources, in consultation with the Chairperson of the Governance and Human Resources Committee, identify a suitable date for the official opening of the HR Centre of Excellent and invite relevant stakeholders.

Vote Number : 33163.16325.12120.0000.83630.0010(Funds for this project will be provided in the 2016/2017 financial year).

FC Number : 14/03NOTED, by the majority vote.


2.2.6 NOTING OF RULE OF ORDER 28: Women's Day Celebration (12/9/12):(Page 133 : Governance and Human Resources Committee - Agenda 2016-06-06)



That authority be granted for the Deputy City Manager: Human Resources to incur expenditure estimated at R1 345 000.00 (One Million Three Hundred and Forty Five Thousand Rand) to enable the eThekwini Municipality women employees to celebrate the National Women's Day of 09 August, but with the eThekwini celebration to take place on 12 August 2016 at the Moses Mabhida Stadium and the focus will be on showcasing strides by eThekwini Municipality to support women development over the past 16 years.

Vote Number : 34552.53500.52 (Funds to be made available in the 2016/2017 financial year)

NOTED, by the majority vote.

2.3 REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD ON 2016-06-07

(Page R6)

2.3.1 NOTING OF RULE OF ORDER 28: Request for Capital Project Authority and Transfer of Funds : Report No.: WS2016/083 (17/2/2/2/1):(Page 54 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


2.3.1.1 That authority be granted to the Cleansing and Solid Waste Unit to carry out Depot Asset Management refurbishments and new works at the estimated costs of R10 500 000.00 (Ten Million Five Hundred Thousand Rand Only), exclusive of VAT.

2.3.1.2 That subject to the above, the Deputy City Manager : Treasury be authorized to include in the Adjustment Budget Report the transfer of funds as reflected in Appendix 1 of the report by the Head: Cleansing and Solid Waste dated 2016-04-26.

FC No.: 66/C19NOTED, by the majority vote.

2.3.2 NOTING OF RULE OF ORDER 28: Integrated Rapid Public Transport Network Phase 1: Acquisition of Properties Required for Road Development to Accommodate BRT Route C1. (Ref 172/1/1/12/6/6/-8, 13 and 14-KR (17/2/1/1/4): (Page 57 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


2.3.2.1 That the Head: Real Estate be authorized to make offers and payments of the difference between the initial and revised assessment calculated in terms of Section 12 of the Expropriation Act No. 63 of 1975 as indicated in schedule below, plus VAT, solatium and interest if applicable, in terms of Section 11 (1) of the Expropriation Act No. 63 of 1975.


Property Description

Property Owner/Expropriatee

Total Extent

Initial Market Value Assessment

Revised Market Value Assessment

Rem of Erf 346Durban North

Estate Late Kistnasamy {Registration No. 14328/2009 (DBN)}

430m² R340 000.00 R500 000.00

Portion 1 of Erf 346 Durban North

Joxibase (Pty) Ltd (Registration No. 2011/114851/07)

1561m² R1 250 000.00 R1 750 000.00


Estate Late Thunam {Registration No. 2083/2009(DBN)}

1012m² R860 000.00 R1 115 000.00


Hemant CC (Registration No. 2008/177807/23)

1012m² R860 000.00 R1 115 000.00


Zerina Khan Family Trust (Registration No. 9308/1993)

2048m² R950 000.00 R1 230 000.00

2.3.2.2 That subject to the adoption .1 of above, the Head Real Estate be authorized to conclude the relevant compensation agreements and all necessary documents to effect registration in favour of the eThekwini Municipality.

Project: P7848 Vote: P7848.74185.5017R1 750 000.00 (Provided 2015/2016)


2.2.3 NOTING OF RULE OF ORDER 28: Proposed Deproclamation and Reversion of Proposed Portion of Erf 162 and Portion of Remainder of Erf 163 Both of Isipingo to Ahmed Cassim Jadwat (25/4/1):(Page 67 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


2.2.3.1 That the Municipality declares in terms of Section 14 of the Municipal Finance Management Act 56 of 2003 that;

2.2.3.2 The properties described as proposed portion of a Erf 162 and portion of remainder of Erf 163 are not needed to provide the minimum level of basic Municipal services; and

2.2.3.3 The current market value of the land is R1 300 000.00 (One Million Three Hundred Thousand Rand) exclusive of VAT, and social values to be received have been considered.

2.2.3.4 That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, a portion of a road area described as Proposed Portion [A] of Erf 162 Isipingo and Rem of Erf 163 Isipingo to, Registration Division FT in the Province of KwaZulu-Natal in extent 1222m² depicted on Plan SJ 4645/5A revert to Ahmed Cassim Jadwat at a price of R1 300 000.00 (One Million Three Hundred Thousand Rand) exclusive of VAT, such price reflecting the current market value of the land as assessed by a registered Valuer.


2.2.3.5 That authority be granted to the Bid Adjudication Committee to consider a report to deviate from the procurement process in terms of Section 36 (1)(a)(v) of the Supply Chain Management Regulations in order to formally revert Proposed Portion [A] of Erf 162 Isipingo and Rem of Erf 163 Isipingo depicted on hand plan SJ 4645/5A to Ahmed Cassim Jadwat.

2.2.3.6 That in terms of Section 211 of Ordinance 25 of 1974 the road area in extent approximately 1222m² depicted on Plan SJ 4645/5A be permanently closed and rezoned by and at the cost of the Purchasers within two (2) years of the Council authority being granted.

2.2.3.7 That the rezoning of Proposed Portion [A] of Erf 162 Isipingo and Rem of Erf 163 Isipingo from existing Road purposes to limited Commercial purposes shall be undertaken by and at the cost of the Purchaser.

2.2.3.8 That in the event of objections being lodged to the proposed deproclamation of Proposed Portion [A] of Erf 162 Isipingo and Rem of Erf 163 Isipingo when it is statutorily advertised, the matter be referred to the MEC for Co-operative Governance and Traditional Affairs for consent.

2.2.3.9 That in the event of objections being lodged to the proposed closure, and reversion of Proposed Portion [A] of Erf 162 Isipingo and Rem of Erf 163 Isipingo, in extent approximately 1222m² as depicted on Plan No. SJ 4645/5A, when it is statutorily advertised, the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy Headed “Resolution of Disputes, Objections, Complaints and Queries”.

2.2.3.10 That in the event of the reversion not being finalised within six (06) months from the date of Council authority being granted, a report be submitted by the Head: Real Estate to the Bid Adjudication Committee to review the purchase price in line with the current market value of the property where there has been a change in the market value.

2.2.3.11 That subject to the adoption of paragraphs .1 – .8 above and the approval of the Bid Adjudication Committee, the Head: Real Estate be authorized to sign all the documentations necessary to conclude agreement.NOTED, by the majority vote.

2.2.4 NOTING OF RULE OF ORDER 28: Proposed Sale of Land Described as Erf 670 Ntuzuma-E by Private Treaty to Watch Tower Bible and Tract Society of South Africa (Registration Number 2006/022758/08) (17/2/1/2/3):(Page 76 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


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

2.2.4.2 The property described as Erf 670 Ntuzuma-E is not required to provide the minimum level of basic Municipal services; and


2.2.4.3 The fair market value of the land is R205 000.00 (Two Hundred and Five Thousand Rand) and the social and community value to be received has been considered.

2.2.4.4 That in terms of Section 40 (2)(b)(i) of the Supply chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, Erf 670 Ntuzuma - E, Registration Division FT, Province of KwaZulu-Natal in extent 2268m² as depicted on SJ 4543/2 be sold by private treaty to the Watch Tower Bible and Tract Society of South Africa (Registration number 2006/022758/08) at the price of R116 580.00 (One Hundred and Sixteen Thousand Five Hundred and Eighty Rand) which represents fifty percent of the unencumbered value of the land inclusive of VAT.

2.2.4.5 That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in order to formally sell Erf 670 Ntuzuma - E to the Watch Tower Bible and Tract Society of South Africa in terms of Section 36 (1)(a)(v) of the Supply Chain Management Regulations.

2.2.4.6 That in the event of objections being lodged to the proposed sale when it is statutory advertised, the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy “Resolutions of Disputes, Objections, Complains and Queries.”

2.2.4.7 That in the event of the sale not being finalised within six (06) months of the date of Council authority being granted a report be submitted by the Head: Real Estate to the Bid Adjudication Committee to review the purchase price in line with the current market value of the property where there has been a change in the market value.

2.2.4.8 That subject to the adoption of paragraph .1 - .5 above and approval of the Bid Adjudication Committee, the Head: Real Estate be authorized to sign all documents to give effect to the transaction.NOTED, by the majority vote.

2.2.5 NOTING OF RULE OF ORDER 28: Participatory Based Planning and Facilitation Support to Informal Settlement Upgrading Projects in eThekwini (22/6/2):(Page 99 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


2.2.5.1 That the Committee notes progress on the Participatory Based Planning and Facilitation support to the 42 Informal settlements earmarked for Incremental Services and upgrading Projects in eThekwini Municipality.

2.2.5.2 That the Committee supports the remaining stages of the project viz. Development of a Community Capacity Development Programme and the Project Close-out Report. Critically important is the finalization of the City-Community Partnership Agreement (CCPA) as part of Deliverable 5 and 6 of the Initiative wherein the draft Agreement by the Legal Services Unit prior to approval by Council. This will result in the subsequent signing of the 42 Memorandum of Understanding with the affected communities. All the remaining stages are meant to be completed before the end of July 2016.NOTED, by the majority vote.


2.2.6 NOTING OF RULE OF ORDER 28: Human Settlements Projects Department: Performance Assessment Report for the 2015/2016 Financial Year (22/7/1/1/2):(Page 103 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


2.2.6.1 That the report by the Head : Human Settlements dated 2016-05-25 relative to the Performance Assessment Progress and status update relating to targeted delivery projects within the Units for the Top-structure in the 2015/2016 financial year, be noted.

2.2.6.2 That the interventions to turn around performance and eradicate backlogs identifies in the system in order to improve performance in the current MTERF, be supported.NOTED, by the majority vote.

2.2.7 NOTING OF RULE OF ORDER 28: Planned Gap Housing Workshop Between eThekwini Municipality, the Provincial Department of Human Settlements, Financial Institution and Private Developers (22/2):(Page 112 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


That a planned Gap Housing workshop between the Municipality, Provincial Department of Human Settlements, Financial Institutions and the Private Developers in order to have a dialogue about feasibility and development bondage affordable housing, be supported.NOTED by the majority vote.

2.2.8 NOTING OF RULE OF ORDER 28: Work in Excess of R500 000 : Electrical Reticulation : Oppenheimer Road: Umbogintwini : Ward 93 : Drawing Number: 2720472 (27/2/R):(Page 147 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


That authority be granted to the Head: Electricity to incur expenditure estimated at R1 398 000.00 (One Million Three Hundred and Ninety Eight Thousand Rand) through the normal goods and services procurement process, in order to supply electricity to a new customer in Ward 93, Oppenheimer Road, Umbongintwini by commissioning and equipping a distributor substation.

Account Code 80161 : R1 398 000.00Provided in the 2015/2016 Capital Estimates FC79/CA1643NOTED, by the majority vote.


2.2.9 NOTING OF RULE OF ORDER 28: Work in Excess of R500 000 : Electrical Reinforcement of Trade Zone Area, King Shaka International Airport, Ward 58 (DL 2560647) (27/2/1/3/R): (Page 148 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


That authority be granted to the Head: Electricity to incur expenditure estimated at R30 555 800.00 (Thirty Million Five Hundred and Fifty Five Thousand Eight Hundred Rand) through the normal goods and services procurement process, in order to reinforce the existing medium voltage reticulation system to be able to provide electricity in Ward 58, Tradezone area located at King Shaka International Airport.


2.2.10 NOTING OF RULE OF ORDER 28: Work in Excess of R500 000 : Electrical Reticulation : Unnamed Road : Nkwali Phase 2 2644281 (27/2/1/3/R):(Page 149 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


That authority be granted to the Head: Electricity to incur expenditure estimated at R4 753 000.00 (Four Million Seven Hundred and Fifty Three Thousand Rand) through the normal goods and services procurement process, in order to provide a supply of electricity to the 202 New customers at the Nkwali Rural Area, by commissioning fifteen new pole transformers, upgrading existing and constructing new overhead reticulation.

Account Code 80035 : R4 753 000.00Provided in the 2016/2017 Capital EstimatesFC79/CA1642NOTED, by the majority vote.

2.2.11 NOTING OF RULE OF ORDER 28: Work in Excess of R500 000 : Commissioning of DSS at 9 Old Main Road, Gillitts, Ward 10 (DL 2611091) (27/2/R)(Page 150 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


That authority be granted to the Head: Electricity to incur expenditure estimated at R6 669 288.00 (Six Million Six Hundred and Sixty Nine Thousand Two hundred and Eighty Eight Rand) through the normal goods and services procurement process, in order to equip the distributor substation in Ward 10, 9 Old Main Road, Gillitts.



2.2.12 NOTING OF RULE OF ORDER 28: Work in Excess of R500 000 : Commissioning of DSS at 19 Monte Carlo Road, Pinetown, Ward 18 (DL 318818) (27/2/R):(Page 151 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


That authority be granted to the Head: Electricity to incur expenditure estimated at R1 658 442.00 (One Million Six Hundred and Fifty Eight Thousand Four Hundred and Forty Two Rand) through the normal goods and services procurement process, in order to equip the distributor substation in Ward 18, 10 Monte Carlo Road, Pinetown.


2.2.13 NOTING OF RULE OF ORDER 28: Work in Excess of R500 000 : Commissioning of DSS at 10 Kyalami Road, Pinetown, Ward 18 (DL 3167907) (27/2/R):(Page 152 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


That authority be granted to the Head: Electricity to incur expenditure estimated at R1 656 232.00 (One Million Six Hundred and Fifty Six Thousand Two Hundred and Thirty Two Rand) through the normal goods and services procurement process, in order to equip the distributor substation in ward 18, 10 Monte Carlo Road, Pinetown.


2.2.14 NOTING OF RULE OF ORDER 28: Work in Excess of R500 000 : Commissioning of DSS at 30 Wiltshire Road - Mariann Industrial Park - Ward 16 (Drawing Number DL 3167834) (27/2/R):(Page 153 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


That authority be granted to the Head: Electricity to incur expenditure estimated at R5 181 249.00 (Five Million One Hundred and Eighty One Thousand Two Hundred and Forty Nine Rand) through the normal goods and services procurement process, in order to equip the distributor substation in Ward 16, 30 Wiltshire Road, Mariann Industrial Park.



2.2.15 NOTING OF RULE OF ORDER 28: Work in Excess of R500 000 : New Electricity Supply at 89 Barrier Lane, Mobeni 9: Ward 75) : Drawing No. 2530446 (27/2/1/3/R):(Page 154 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


That authority be granted to the Head: Electricity to incur expenditure estimated at R6 313 700.00 (Six Million Three Hundred and Thirteen Thousand Seven Hundred Rand) through the normal goods and services procurement process, to install 6 600 metres of medium voltage electricity cables in Mobeni and medium voltage switchgear in a substation, which is to be provided by the new customer, at 89 Barrier Lane, Mobeni, in order to provide a 300A 11000V electricity supply for a new commercial development in Ward 75, 89 Barrier Lane, Mobeni and to reinforce the electricity supply in the area in.

Account Code 81009 : R6 313 700.00Provided in the 2016/2017 Capital Estimates FC79/CA1608NOTED by the majority vote.

2.2.16 NOTING OF RULE OF ORDER 28: Proposed Boundary Changes to Eskom/eThekwini Area's of Supply (27/1/1/5/R):(Page 155 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


That authority be granted to the Head: Electricity to continue with the proposed boundary changes to ESKOM/eThekwini Areas of Supply Electricity license changes and that advertisements be placed to notify effected communities.NOTED, by the majority vote.

2.2.17 NOTING OF RULE OF ORDER 28: Work in Excess of R500 000 : System Reinforcement of Umhlanga, "The Pearls": 6 Lagoon Dr DSS : (DL 2466257/A0) (27/2/R):(Page 156 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


That authority be granted to the Head: Electricity to incur expenditure estimated at R8 510 073.00 (Eight Million Five Hundred and Ten Thousand Seventy Three Rand) through the normal goods and services procurement process, to construct a medium voltage reticulation system in order to provide new electricity connections at Umhlanga.



2.2.18 NOTING OF RULE OF ORDER 28: Work in Excess of R500 000 : Replacement of 6.6 kV Switchgear With 11 kV Switchgear at 265 Sydney Road, Congella, Ward 32, Drawing Number 3271343 (27/2/R):(Page 366 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


That authority be granted to the Head: Electricity to incur expenditure estimated at R1 900 019.00 (One Million Nine Hundred and Nineteen Rand) through the normal goods and services procurement process to carry out the necessary construction in preparation for the replacement of the 6.6 kV substation with an 11 kV substation to the existing customer, in ward 32, 265 Sydney Road, Congella.


2.2.19 NOTING OF RULE OF ORDER 28: Work in Excess of R500 000 : Electrical Reticulation of RDP Houses at Cato Crest, Mayville, Ward 29, Drawing Number 3304641 (27/2/R):(Page 367 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


That authority be granted to the Head: Electricity to incur expenditure estimated at R979 044.00 (Nine Hundred and Seventy Nine Thousand and Forty Four Rand) through the normal goods and services procurement process to carry out construction of the medium and low voltage overhead in order to provide a supply of electricity to approximately 278 customers in Ward 29, Cato Crest.

Account Code 80032 : R979 044.00 Provided in the 2016/2017 Capital Estimates FC79/CA1651NOTED, by the majority vote.

2.2.20 NOTING OF RULE OF ORDER 28: Proposed Registration of Aerial Bridge Servitude and Creation of a Bridge Support Servitudes Over Municipal Road: Portion of Remainder of Erf 181 Verulam (21/7/5):(Page 368 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)

A report was presented to the Committee which clarifies the "road closure" as referred to in Clause 7 of the recommendation relates to the Airspace between the proposed Aerial Bridge and the road below. The air space area to be closed measures 213 square meter, and extend from 6.04 msl to 11.90 msl (Mean Sea Level). The proposed Bridge Column Servitudes extending from ground level to 6.04 msl will be on the Verge of Ireland Street and do not have any impact on the road usage or traffic flow thereon.


2.2.20.1 That the eThekwini Municipality declares in terms of Section 14of the Municipal Finance Management Act 56 of 2003 that:-


2.2.20.1.1 The property described as Erf 181 Verulam airspace above the portion of a road area is not required for providing the minimum level of basic Municipal Services; and

2.2.20.1.2 Clearance has been received from the Human Settlements Department dated 30 July 2015 stating that the portion of a road area is not required for housing purposes it being recorded that an updated Clearance has since been requested.

2.2.20.1.3 The open market value of the affected Portion of Remainder of Erf 181 Verulam is currently assessed at a value of R73 000.00 (Seventy Three Thousand Rand) exclusive of VAT, and the economic and community values have been considered.

2.2.20.2 That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy, read together with Regulation 7 of the Municipal Assets Transfer Regulations, a Portion of a road area described as Remof Erf 181 Verulam, in extent approximately 213m2, as depicted on Plan No. SJ 4671/10A should be closed and an Aerial Bridge Servitude rights be granted to Dineam Trade (Pty) Ltd at a compensation amount of R73 000.00 (Seventy Three Thousand Rand) exclusive of VAT, such compensation reflecting the current market value.

2.2.20.3 That approval be given subject to the proposed development being in line with the proposed re-alignment of Ireland Street, this condition will be incorporated into the Sale Agreement.

2.2.20.4 That an aerial bridge servitude extending from 6.04m above ground level to 7.34m must be registered in favour of Dineam Trade (Pty) Ltd.

2.2.20.5 That a column supporting the bridge is close to the municipal sewer, the top of its base must be below the invert of the pipe.

2.2.20.6 That the Bridge column support servitude, the approximate positions of which are shown on the plan attached as Annexure A to the Human Settlements and Infrastructure Committee dated 2016-06-07, must be registered over the land in favour of Dineam Trade (Pty) Ltd.

2.2.20.7 That in terms of Section 211 of Ordinance 25 of 1974, a portion of the road area described as Remof Erf 181 Verulam, in extent of approximately 213m2, as depicted on Plan No. SJ 4671/10A, be closed subject to all costs in connection therewith being borne by Dineam Trade (Pty) Ltd, whether the application for deproclamation is successful or not, and in this regard a deposit of R12 000.00 (Twelve Thousand Rand) is to be lodged with the City Treasurer to cover the estimated costs of survey and deproclamation.

2.2.20.8 That in the event of objections being lodged to the proposed closure and alienation of a portion of a Remof Erf 181 Verulam, in extent approximately 213m2, as depicted on Plan No. SJ 4671/10A, when it is statutorily advertised, the matter be referred to the Member of the Executive Council (MEC) Co-operative Governance & Traditional Affairs for consent.

2.2.20.9 That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in order to formally close and alienate a portion of Rem of Erf 181 Verulam, in extent approximately 213m2, as depicted on Plan No. SJ 4671/10A, by private treaty in terms of Section 36 (i)(a)(v) of the Supply Chain Management Regulations.


2.2.20.10 That in the event of objections lodged to the proposed closure and disposal of a portion of Remof Erf 181 Verulam, in extent approximately 213m2, as depicted on Plan No. SJ 4671/10A, when it is statutory advertised, the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy headed “Resolution of Disputes, Objections, Complaints and Queries”.

2.2.20.11 That in the event of the alienation not being finalised within 6 (six) months from the date of Council authority being granted, the Head: Real Estate be authorized to review the compensation in line with the current market value of the property where there has been a change in the market value.

2.2.20.12 That subject to the adoption of 1 to 11 above, and the approval of the Bid Adjudication Committee, the Head: Real Estate Unit be authorized to sign all documents necessary to conclude the agreements.NOTED, by the majority vote.

2.2.21 NOTING OF RULE OF ORDER 28: Proposed Closure and Sale of Land : Portions [A] - [B] of Erf 268 KwaMashu-P:(Page 393 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


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

2.2.21.1.1 The property described as portion [A] - [B] of Erf 268 KwaMashu-P is not required for providing the minimum level of basic municipal services; and

2.2.21.1.2 The fair market value of the land is currently assessed as follows:-

2.2.21.1.2.1 Proposed Portion A of Erf 268 KwaMashu P is valued R27 500.00 (Twenty Seven Thousand Five Hundred Rand) exclusive of VAT.

2.2.21.1.2.2 Proposed Portion B of Erf 268 KwaMashu P is valued at R27 500.00 (Twenty Seven Thousand Five Hundred Rand) exclusive of VAT.

2.2.21.2 That in terms of Section 212 of Ordinance 25 1974 the public place together in extent approximately 215m² as depicted on plan SJ 4446/4A be permanently closed and rezoned by the purchasers within two (2) years of Council authority being granted.

2.2.21.3 That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, Proposed Portions [A] of Erf 268 KwaMashu-P in extent approximately 106m² on Plan SJ 4446/4A, be sold in freehold by private treaty to Mhlongo Sithembiso Lucky (I.D No: 6005165357081) at the current market value [R27 500.00] as assessed by a Professional Valuer.

2.2.21.4 That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation7 of the Municipal Assets Transfer Regulations, Proposed Portions [B] of Erf 268 KwaMashu – P in extent approximately 109m²on Plan SJ 4446/4A, be sold in freehold by private treaty to Ngidi Xolani Brianon (I.D. No: 6410025473088) and Ngidi Gabisile Daphney (6503230628080) at the current market value [R27 500.00] as assessed by a Professional Valuer.


2.2.21.5 That Proposed Portions [A] and [B] of Erf 268 KwaMashu-P be rezoned in terms of the KwaZulu-Natal Planning and Development Act at the purchasers full cost

2.2.21.6 That in the event of objections being lodged to the proposed closure and sale of Proposed Portions [A] and [B] of Erf 268 KwaMashu-P when it is statutorily advertised, the matter be referred to the Accounting officer for a final decision in terms of section 50 of the Supply Chain Management Policy headed “Resolution of Dispute, Objections, Complains and Queries “and thereafter to the Minister of Co-operative Governance and Traditional Affairs for consent.

2.2.21.7 That in the event of the sale not being finalised within six (06) months of the date of Council authority being granted a report be submitted by the Head: Real Estate to the Bid Adjudication Committee to review the purchase price in line with the current market value of the properties where there has been a change in the market value.

2.2.21.8 That subject to the adoption of paragraphs 1-7 above, the Head: Real Estate be authorized by the powers vested through the system of delegations to sign all documents to give effect to the transaction.NOTED, by the majority vote.

2.2.22 NOTING OF RULE OF ORDER 28: Proposed Deproclamation and Sale of Municipal Land to the Adjoining Property Owner at 31 Manchester Street, Wentworth:(Page 399 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)

The Committee having requested an in-loco inspection of the land in question,


2.2.22.1 That the Municipality declares in terms of Section 14 of the Municipal Finance Management Act 56 of 2003 that:

2.2.22.1.1 The property described as land to the adjoining property owner at 31 Manchester Street, Wentworth is not required for providing the minimum level of basic Municipal services;

2.2.22.1.2 The Human Settlement Department has no objection to the above proposal. Comments from the said department as reflected in Annexure "C" of the report by the Head Real Estate dated 2016-06-02; and

2.2.22.1.3 The open market value of Proposed Portion [A] of Erf 959 Wentworth is currently assessed at a value of R220 000.00 (Two Hundred and Twenty Thousand Rand) exclusive of VAT and the economic and community values have been considered.

2.2.22.2 That in terms of Section 40 (2) (b) (i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, a portion of a road area described as Proposed Portion [A] of Erf 959 Wentworth in extent approximately 112m² as depicted on Plan No. SJ 4553/3 should be deproclaimed and alienated to 31 Manchester Street Body Corporate at a purchase price of R220 000.00 (Two Hundred and Twenty Thousand Rand) exclusive of VAT, such compensation reflecting the current market value.


2.2.22.3 That the land is presently zoned for existing street in terms of the Town Planning Scheme in course of preparation. The rezoning of the land for General Industrial purposes must be undertaken by the purchaser prior to transfer of land. It should be ensured that the Municipality’s interests are safeguarded in the event of the rezoning not being successful.

2.2.22.4 That the land in question, Proposed Portion [A] of Erf 959 Wentworth, must be consolidated with Rem of Erf 2152 Wentworth.

2.2.22.5 That in terms of Section 211 of Ordinance 25 of 1974 portion of a road area described as Proposed Portion [A] of Erf 959 Wentworth in extent approximately 112m² as depicted on Plan No. SJ 4553/3, be deproclaimed subject to all costs in connection therewith being borne by 31 Manchester Street Body Corporate whether the application for deproclamation is successful or not, and in this regard a deposit of R12000.00 (Twelve Thousand Rand) is to be lodged with the City Treasurer to cover the estimated costs of survey and deproclamation.

2.2.22.6 That in the event of objections being lodged to the proposed alienation of Proposed Portion [A] of Erf 959 Wentworth, in extent approximately 112m² as depicted on Plan No. 4553/3 when it is statutory advertised the matter must be referred for resolution in terms of Section 50 of the Supply Chain Management Policy headed “Resolution of Disputes, Objections, Complaints and Queries”.

2.2.22.7 That in the event of objections being lodged to the proposed deproclamation of Proposed Portion [A] of Erf 959 Wentworth, in extent approximately 112m² as depicted on Plan No. SJ 4553/3 when it is statutory advertised the matter be referred to the MEC for Co-operative Governance and Traditional Affairs for consent.

2.2.22.8 That authority be granted to the Bid Adjudication Committee to consider the application to deviate from the procurement process in order to deproclaim and sell Proposed Portion [A] of Erf 959 Wentworth in extent approximately 112m² as depicted on Plan No. SJ 4553/3 by private treaty in terms of section 36(i)(a)(v) of the Supply Chain Management Regulations.

2.2.22.9 That in the event of the alienation not being finalized within (06) months from the date of Council authority being granted, the Head: Real Estate be authorized to review the compensation in line with the current market value of the property where there has been a change in the market value.

2.2.22.10 That subject to the adoption of .1 - .9 above and the approval of the Bid Adjudication Committee, the Head: Real Estate be authorized to sign all documents necessary to conclude the agreement.NOTED, by the majority vote.

2.2.23 NOTING OF RULE OF ORDER 28: Acquisition of Land for Human Settlements Development:(Page 439 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


2.2.23.1 That authority be granted to the Head: Human Settlements to undertake detailed pre-feasibility processes of these portions: Rem of Portion 3 of the Farm Roode Krans No. 82 and Proposed Rem of Portion 912 Waterfall No. 972 and to undertake feasibility processes to ascertain project viability.


2.2.23.2 That subject to the positive outcome above, authority be granted to the Head: Human Settlements to undertake land evaluation processes for property described as:-

(a) Rem of Portion 3 of the Farm RoodeKrans No. 828 a.(b) Rem of Portion 912 Waterfall No. 972.

2.2.23.3 That authority be granted to the Head: Human Settlements to amend the Sale Agreement dated 12 August 2010 and the Addendum to the Sale Agreement dated 11 November 2012.

2.2.23.4 That the Head: Human Settlements furnish a report on the outcome of the studies and land evaluation processes to Council.NOTED, by the majority vote.

2.2.24 NOTING OF RULE OF ORDER 28: Expropriation: IRPTN : Portions 125 and 126 both of Erf 8 Bridge City; G Moodley Trust; Hand Plan No. SH9878 (Ref: 17/2/1/1/12/8.AP): (Page 461 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


2.2.24.1 That an offer and payment of compensation calculated in terms of Section 12 of the Expropriation Act No. 63 of 1975 in the sum of R2 900 000.00(Two Million Nine Hundred Thousand Rand) plus solatium in the sum of R55 000.00 (Fifty Five Thousand Rand) plus VAT and interest, if applicable, be paid in terms of Section 11(1) of the Expropriation Act No. 63 of 1975, to G Moodley Trust, No. IT 1292/2001, in respect of portions 125 and 126 both of Erf 8 Bridge City, Registration Division FT, Province of KwaZulu-Natal as depicted on Plan No. SH9878.

2.2.24.2 That subject to the adoption of .1 above, the Head: Real Estate be authorized to conclude the compensation agreement and sign all necessary documents to effect registration in favour of the Municipality.

Vote No. P7848.74185.5017 R2 955 000.00(Provided in 2015/16 via adjustment budget) FC: 50/C008NOTED, by the majority vote.

2.3 REPORT OF THE FINANCE AND PROCUREMENT COMMITTEE: MEETING HELD ON 2016-06-07

(Page R20)

2.3.1 NOTING OF RULE OF ORDER 28: Report on Investments (7/11/4):(Page 14 : Finance and Procurement Committee - Agenda 2016-06-07)


That the report on the investments of the eThekwini Municipality as at 2016-04-30, submitted by the City Manager as per his report dated 2016-05-17 and as per the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.NOTED, by the majority vote.


2.3.2 NOTING OF RULE OF ORDER 28: Budget Statement Report for the Month Ended 2016-04-30 (7/1/4):(Page 20 : Finance and Procurement Committee - Agenda 2016-06-07)


That the Budget Statement Report for the month ended 2016-04-30, submitted by the City Manager as per his report dated 2016-04-13 in compliance with Section 71 of the Municipal Finance Management Act and in terms of Government Notice 32141 dated 17 April 2009, relating to the “Local Government: Municipal Finance Management Act, 2003, be noted.NOTED, by the majority vote.

2.3.3 NOTING OF RULE OF ORDER 28: Report on Awards Made by the City for the Month of April 2016: (Page 245 : Finance and Procurement Committee - Agenda 2016-06-07 and Page 317 : Executive Committee - Agenda 2016-06-20)


2.3.3.1 That the report of the City Manager dated 2016-05-09, relative to awards made by the City for the month of April 2016, as presented, be noted.

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

2.3.3.3 That the City Manager reserves the right to investigate the awards with a view to taking disciplinary, criminal and recovery actions where willful and negligent violation of Supply Chain Management Policies and Municipal Finance Management Act provisions are observed.

2.3.3.4 That the City Manager shall table a report to the Committee relative to the disciplinary, criminal and recovery actions taken, it being noted that the City Manager can only respond when the reports are available.NOTED, by the majority vote.

2.3.4 NOTING OF RULE OF ORDER 28: Proposed New eThekwini Municipality: Property Rates Amendment By-Law 2016 (1/1/3/1/R):(Page 356 : Finance and Procurement Committee - Agenda 2016-06-07)


2.3.4.1 That the draft eThekwini Municipality Property Rates Amendment By-law, 2016 be approved for publication for comment in Ezasegagasini Metro and on the City Hall Notice Board for a period not less than 30 (thirty) days to allow the public an opportunity to make representations with regard to the proposed By-law.

2.3.4.2 That should no substantive objections and representations be received from the public, the Property Rates Amendment By-law, 2016 is to be referred back to the Finance and Procurement Committee, Executive Committee and Council for final approval and thereafter for the By-law to be promptly sent to Ezasegagasini Metro and the Provincial Gazette for final publication, with the By-law taking effect on a date as prescribed therein.NOTED, by the majority vote.


2.3.5 NOTING OF RULE OF ORDER 28: Operations of Revenue Management (2/1/5/1):(Page 365 : Finance and Procurement Committee - Agenda 2016-06-07)


2.3.5.1 That cognizance be taken of the report of the Deputy City Manager : Finance dated 2016-06-01, relative to the Operations of Revenue Management.

2.3.5.2 That some of the key measurements implemented and as stipulated in Annexure A to the report indicated in 1. above, be noted.

2.3.5.3 That the monthly cash collected on services as depicted in Annexure B to the report indicated in 1. above, be noted.NOTED, by the majority vote.

2.3.6 NOTING OF RULE OF ORDER 28: Impairment of Debtors Policy (7/6/3/P):(Page 370 : Finance and Procurement Committee - Agenda 2016-06-07)


2.3.6.1 That cognizance be taken of the requirements regarding debt impairment as set out in the Generally Recognised Accounting Practice (GRAP) 104 and 7.6 of the National Treasury Accounting Guidelines.

2.3.6.2 That the methodology used to impair consumer debtors outstanding, be approved.

2.3.6.3 That the Impairment of Debtors Policy comes into effect from 1 July 2014.NOTED, by the majority vote.

2.3.7 NOTING OF RULE OF ORDER 28: Irregular Expenditure: 2015-16 Financial Period (9/1/3):(Page 373 : Finance and Procurement Committee - Agenda 2016-06-07)

With Democratic Alliance Councillors D Ganesh and J Singh abstaining,


2.3.7.1 That the condonement of the Irregular Expenditure by Council amounting to R73 034 560.00 (Seventy Three Million and Thirty Four Thousand Five Hundred and Sixty Rand) as indicated in Annexure A to the report of the City Manager dated 2016-05-31, be supported.

2.3.7.2 That it be noted that goods and services have been received and value for money has been certified by the respective Heads of Departments.

2.3.7.3 That it be noted that the regularization of expenditure referred to above relates only to the contravention of Supply Chain Management Policy issues and that depending on the outcome of further investigations by the Speaker, the City Manager, City Integrity & Investigations Unit, Line Departments, Municipal Public Accounts Committee further action may arise, including disciplinary action, recovery of monies, and criminal charges being instituted where applicable.


2.3.7.4 That subject to the approval of Council, a report be submitted to COGTA, National Treasury and the Office of the Auditor General in terms of Section 32 and Section 170 of the Municipal Finance Management Act No.56 of 2003.NOTED, by the majority vote.

2.3.8 NOTING OF RULE OF ORDER 28: Approval of Credit Facility and Short-Term Overdraft Facility with Nedbank (7/8/4):(Page 378 and Annexure A : Finance and Procurement Committee - Agenda 2016-06-07)



2.3.8.1 That as per the requirements of Section 45 (3) (b) of the Municipal Finance Management Act, for the City to enter into a Facilities Agreement with Nedbank for the duration of 5 years in line with the Banking Tender awarded to Nedbank, be supported as per following table:-

No. Facility Description Value (R)

1. Primary Overdraft 20 000 000

2. Performance Letters of Guarantees 80 000 000

3. Letters of Credit 1 5 000 000

4. Derivatives 70 000 000

5. Fleet Management 15 000

6. Secondary Overdraft Facility 580 000 000

Total Facility Portfolio 751 515 000

2.3.8.2 That the Accounting Officer report back on a quarterly basis to Finance and Procurement Committee on the utilization of the facilities.NOTED, by the majority vote.

2.3.9 NOTING OF RULE OF ORDER 28: Proposed Lease of Land : Umhlanga Country Club : 75 Twilight Drive, Umhlanga West (17/2/1/2/5):(Page 546 : Finance and Procurement Committee - Agenda 2016-06-07)


2.3.9.1 That Council authorises the Accounting Officer to conduct a public participation process in terms of Regulation 35(3)(c) of the Asset Transfer Regulations.

2.3.9.2 That in terms of Section 14 of the Municipal Finance Management Act read with Sections 34, 36 and 40 of the Asset Transfer Regulations, Committee reaffirms its resolution of 30 March 2011, save for 1.2 and 1.3 which is rescinded, that a lease over the land described as Proposed Lease over Erf 2524 Umhlanga Rocks, Registration Division FU, Province of KwaZulu-Natal, in extent 1,9905 ha depicted on Plan SJ4500/1A be leased to the Umhlanga Country Club for a period of 30 years at a rental of R1 per annum until 31 December 2021and thereafter at a market related rate in line with prevailing legislation at the time and upon terms and conditions to be agreed upon between the Head: Real Estate, be granted in principle subject to Council considering the comments and representations emanating from .1 above and the National and relevant Provincial Treasury;


2.3.9.3 That a suitable Tripartite Agreement between the Developer (Oceans Umhlanga (Pty) Ltd), Umhlanga Country Club, and the Municipality with regard to the construction to be effected on the aforesaid property on the same provison above.

2.3.9.4 That subject to the proviso and the adoption of 1.3 above an amount of R5 350 000 (Five Million Three Hundred and Fifty Thousand Rand) be approved as a once off contribution to the Umhlanga Country Club to offset construction costs of new buildings and facilities.

2.3.9.5 That consent be granted to the Developer to take early occupation of the land in order to commence with preliminary work at its own risk.

2.3.9.6 That subject to the adoption of .1, .2 and .3 above, the Head: Real Estate be authorised to sign all documentation to give effect to the transaction.

2.3.9.7 That the Bid Adjudication Committee consider the proposed lease in 1.1 in terms of Section 36 of the Supply Chain Management Policy.

2.3.9.8 That in the event of objections to the proposed lease, the matter be submitted to the City Manager in terms of the provisions for the resolution of Disputes, Objection, Complaints and Queries provided for in Section 50 of the Supply Chain Management Policy.

2.3.9.9 That all costs in connection with the granting of the lease shall be borne by the Municipality.

(Vote : 31501.06620 ; R5 350 000-00 (funding to be met via an adjustment budget); FC : 03/100)NOTED, by the majority vote.

2.3.10 NOTING OF RULE OF ORDER 28: Extension of Banking Services Contract (1F - 700) in Terms of Section 116 (3) of the Municipal Finance Management Act (26/3/1/5 and 9/1/3):(Page L34 and Annexure C : Finance and Procurement Committee - Agenda 2016-06-07)

The recommendation was amended to indicate that the contract would be extended for a maximum period of twelve months.


That for the reasons set out in the joint report of the Head: City Fleet, Head: eThekwini Transport Authority and Deputy Head: Internal Control dated 05 May 2016 the contract (1F-700) be extended with Standard Bank SA Ltd for a maximum period of twelve (12) months in terms of Section 116 (3) of the Municipal Finance Management Act 56 of 2003.NOTED, by the majority vote.


2.3.11 NOTING OF RULE OF ORDER 28: Revision of Rental : David Landau Community Centre : 5 Crocus Road: (File Ref Lease 671): (Page L35 : Finance and Procurement Committee - Agenda 2016-06-07)


2.3.11.1 That the rental in respect of Lease 16 on Erf 301 Springfield, Registration Division FU, Province of KwaZulu-Natal held by the David Landau Community Centre, be fixed at R1 420 (One Thousand Four Hundred and Twenty Rand) per month exclusive of VAT for the first year escalating thereafter by 9% per annum for the ensuing 4 years of the five year period and expiring on 8 October 2020.

2.3.11.2 That subject to the adoption of 1. above all costs of documenting the renewal of lease and revision of rental be borne by the Lessee

2.3.11.3 That the Head : Real Estate, in consultation with the City Manager, be authorised to sign all documents relating to the revision of rental. NOTED, by the majority vote.

2.3.12 NOTING OF RULE OF ORDER 28: Revision of Rental : South African Scout Association : 141 Park Road, Redhill (File Ref : Lease 220): (Page L36 : Finance and Procurement Committee - Agenda 2016-06-07)


2.3.12.1 That the rent for the lease held by the South African Scout Association in respect of Lease 1 on Portion 9 of Erf 644 Duiker Fontein, Registration Division FU, Province of KwaZulu-Natal in extent 548m² as depicted on Diagram S.G. No. 6669/1964 for the five year period commencing 28 October 2015 and expiring 27 October 2020 be R350 (Three Hundred and Fifty Rand) per month exclusive of VAT for the first year escalating thereafter by 9% per annum for the ensuing 4 years, it being recorded that the rental and rate of escalation shall be subject to review after each five year period.

2.3.12.2 That subject to the adoption of 1. above all costs of documenting the renewal of lease and revision of rental be borne by the Lessee.

2.3.12.3 That the Head : Real Estate, in consultation with the City Manager, be authorised to sign all documents relating to the revision of rental.NOTED, by the majority vote.

2.3.13 NOTING OF RULE OF ORDER 28: Revision of Rental : Estate Late William Clark Trust, Ereap Properties Shareblock (Pty) Ltd: 317/319 Monty Naicker (Pine) Street: Ref No. 25/63:(Page L37 : Finance and Procurement Committee - Agenda 2016-06-07)


2.3.13.1 That the rental in respect of the lease of the premises described as Erf 11822 Durban, FU, Province of KwaZulu-Natal, in extent 1928m² situated at 371/319 Monty Naicker (Pine) Street owned by the Estate Late William Clark Trust and lease to Ereap Properties Share Block (Pty) Reg. No. 1957/001517/07 for the seven year rental revision period 1 July 2015 to 30 June 2022 be a monthly rental of R31 670.00 (Thirty One Thousand Six Hundred and Seventy Rand) (exclusive of VAT) for the first year, escalating by 10%per annum for the second and successive years.


2.3.13.2 That subject to the adoption of 1. above all costs of documenting the renewal of lease and revision of rental be borne by the Lessee

2.3.13.3 That the Head : Real Estate be authorised to sign all documents relating to the revision of rental. NOTED, by the majority vote.

2.4 REPORT OF THE TOWN PLANNING SUB COMMITTEE: MEETING HELD ON 2016-06-17

(Page R38)

2.4.1 NOTING OF RULE OF ORDER 28: Combined Application in Terms of Chapters 2 and 3 of the KwaZulu-Natal Planning and Development Act, 2008 (Act No 6 of 2008) Read in Conjunction with Section 42(3) of the Spatial Planning and Land Use Management Act, (Act No. 16 of 2013), for:-

A. The Introduction of a New Zone, Logistics Zone, Into the Durban Central Scheme

B. The Rezoning of Rem of Erf 810, Rem of Erf 797, Rem of Erf 806, Rem of Erf 796, Rem of Erf 813, Rem of Erf 800, Rem of Erf 15 (to be Designated Erf 859), Rem of Portion 2 of Erf 799, Portion 3 of Erf 799, All of Dunn’s Grant: 89 Barrier Lane from Private Open Space, Noxious Industry and Transport Zones to Logistics Zone in Terms of the Durban Scheme

(Included for information purposes alone as decision is to be made by the Municipal Planning Tribunal)

C. The Consolidation of all of the Above Listed Properties to Form a Single Property, Proposed Erf 860 Dunn’s Grant (21/7/3)

(Page 1: Town Planning Sub Committee - Agenda 2016-06-17)

(Included for information purposes alone as decision is to be made by the Municipal Planning Tribunal)


2.4.1.1 That in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008), read in conjunction with Section 42(3) of the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013), the amendment to the Durban Scheme by:-

The rezoning of the following properties (to be consolidated): Rem of Erf 810, Rem of Erf 797, Rem of Erf 808, Rem of Erf 796, Rem of Erf 813, Rem of Erf 800, Rem of Erf 15 (to be designated Erf 859), Rem of Portion 2 of Erf 799, Portion 8 of Erf 790, Portion 18 of Erf 790, Erf 798, Portion 1 of Erf 799, Portion 3 of Erf 799, all of Dunn’s Grant: 89 Barrier Lane from Private Open Space, Noxious Industry and Transport Zones to Logistics Zone in terms of the Durban Scheme

Be APPROVED subject to the following conditions imposed in terms of Section 13(4) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008), read in conjunction with Section 43 of the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013):-


2.4.1.1.1 A Stormwater Management Plan from a Professional Engineer to be submitted with the building plans.

2.4.1.1.2 The recommendations contained in the Traffic Impact Assessment Report submitted with the application by Aurecon dated 29 July 2014 be implemented by the Developer at their own cost in accordance with the requirements of the eThekwini Transport Authority.

2.4.1.1.3 The implementation of the Memorandum of Agreement (MOA) from the Environmental Planning and Climate Protection Department dated 11 May 2016.

2.4.1.2 The following reasons were considered for approving the rezoning:-

2.4.1.2.1 The application is in keeping with the intentions of and, addresses the requirements of the BOPLAP, as this area has been identified as ideal for this type of development in terms of location, size and topography.

2.4.1.2.2 The development is expected to have a catalytic effect on the development of the Durban economy especially relating to the activities associated with the Port of Durban.

2.4.1.2.3 The urban form proposed is consistent with the surrounding industrial development.

2.4.1.2.4 The proposed zone would not have a negative impact or create any loss of amenity to the surrounding residential neighborhood as the vacant site is a threat to the stability of the neighborhood and the logistics uses are a step down from the industrial activities in the area.

2.4.1.3 That in terms of Chapter 3, Section 26(1)(a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No 6 of 2008), read in conjunction with Section 42(3) of the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013), the consolidation of all of the above listed properties to form a single property, proposed Erf 860, Dunn’s Grant.

2.4.1.4 Be APPROVED for the following reason:-

2.4.1.4.1 That consolidation of the sites to create one Erf, will make the further development of the site more efficient and easier to manage and control.NOTED, by the majority vote.

2.4.2 NOTING OF RULE OF ORDER 28: Combined Application in Terms of Chapters 2 and 3 of the KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008), as Read with the Provision of Section 42(3) of the Spatial Planning and Land Use Management Act, 2013 (Act No. 6 of 2013): Remainder of Erf 251 Springfield: 130 Intersite Avenue, Springfield, for:-

Part A (Municipal Planning Tribunal):

A. The Subdivision of Remainder of Erf 251, Springfield Into Portions 3-8 and the Remainder of Erf 251, Springfield in Terms of Chapter 3 of the Planning and Development Act

B. The Rezoning of Proposed Portions 3, 4, 7 and 8 of Erf 2511, Springfield (18.52 Hectares) from Transport Zone to Special Zone 63: Umgeni Road in Terms of Chapter 2 of the Planning and Development Act


C. The Rezoning of Proposed Portions 5 and 6 of Erf 251, Springfield (4.5129 Hectares) from Transport Zone to New Street in Terms of Chapter 2 of the Planning and Development Act; and

Part B (Town Planning Sub Committee)

The Amendment of the Durban Scheme Regulations by Amending the Special Zone 63 : Umgeni Road Scheme Regulations in so Far as they are Applicable to Proposed 3, 4, 7 and 8 of Erf 251, Springfield(Page 23: Town Planning Sub Committee - Agenda 2016-06-17)


2.4.2.1 That in terms of Chapter 2, Section 13(1)(a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008), read in conjunction with Section 42(3) of the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013) the amendment of the Durban Scheme by amending the Special Zone 63: Umgeni road controls in so far as they are applicable to proposed Portions 3, 4, 7 and 8 of Erf 251, Springfield, by the insertion of the underlined text in Annexure D, be APPROVED with no conditions.

2.4.2.2 That the following reasons were considered for approving the combined subdivision, rezoning and Scheme Amendment application:-

2.4.2.2.1 The proposed subdivision, rezoning and Scheme amendment is unlikely to have negative impact or create any loss of amenity to the surrounding neighborhood as there are similar developments to the South and North and the development of the subject site would be a natural extension of the existing Umgeni Business Park which is fully developed.

2.4.2.2.2 The proposed subdivision, rezoning and Scheme amendment rezoning will ensure that the portions of land not required for transportation purposes is utilised to its full potential as a Mixed Use Zone.

2.4.2.2.3 Planning merits for the subdivision, rezoning and Scheme amendment have been adequately demonstrated.

2.4.2.2.4 The application is in alignment with the spatial strategy contained in the Central Spatial Development Plan (2014/15) and will be an extension to the existing Umgeni Business Park, an area identified as a Specialised Business Park prime for unlocking development opportunities in the region.

2.4.2.2.5 The development is well located and adjoining a serviced node which enjoys good access to major routes like the N2 and the Port of Durban.

2.4.2.2.6 The development would contribute towards poverty alleviation through job creation and increase the City’s rates base.

2.4.2.2.7 The site is located in an area where water, roads, sanitation and electricity infrastructure are well established and this proposal conforms to the efficient utilization of these existing services.NOTED, by the majority vote.


2.4.3 NOTING OF RULE OF ORDER 28: Combined Application in Terms of the KwaZulu-Natal Planning and Development Act No 6 of 2008 Read in Conjunction with Section 42 of the Spatial Planning and Land Use Management Act No 16 of 2013 for: (21/7/3)

A. In Terms of Chapter 2 of the KwaZulu-Natal Planning and the Development Act No 6 of 2008 Read in Conjunction with Section 42 of the Spatial Planning and Land Use Management Act No 16 of 2013 for the Amendment of the Outer West Scheme by Rezoning of Erf 16 and Erf 135 All of Everton, 1 Horseshoe Road, Everton from Special Residential 8000 to Special Residential 3600

B. In Terms of Chapter 3 Of The KwaZulu-Natal Planning and Development Act No 6 of 2008 Read in Conjunction With Section 42 of the Spatial Planning and Land Use Management Act No 16 of 2013 for the Consolidation of Erf 16 and Erf 135 All of Everton to Form Erf 168 Everton and a Subsequent Subdivision of Erf 168 Everton to Create Portion 1-6 of Erf 168 Everton, 1 Horseshoe Road

(Page 123 : Town Planning Sub Committee - Agenda 2016-06-17)


2.4.3.1 That in terms of Chapter 2, Section 13(1) of the KwaZulu-Natal Planning & Development Act, 2008, (Act 6 of 2008), read in conjunction with Section 42(1) of the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013), the rezoning of Erf 16 and Erf 135, all of Everton from Special Residential 8000 to Special Residential 3600, situated at 1 Horseshoe Road, be REFUSED for the following reasons:-

2.4.3.1.1 The proposal is not in line with the Outer West Spatial Development Framework 2015/2016 which recommended Everton area to be kept at low densities promoting rural/equestrian lifestyle.

2.4.3.1.2 The application does not comply with the minimum Erf size as per the Outer West Scheme as the subject site is located in an area where a reduced minimum of Erf size of 6000m² may be obtained by consent.

2.4.3.1.3 There are no existing pressures at the Everton area which informs proposal and warrants support of the proposal as this would set a precedent to future developments.

2.4.3.1.4 The community of Everton is aggrieved by the proposal and submitted that the status quo remain for all sites in Everton.

2.4.3.1.5 Should development pressure arise, a holistic approach in the form of planning will inform the review of the Outer West Spatial Development Framework as opposed to the approach of ad-hoc applications.

2.4.3.2 That in terms of Chapter 3, Section 26(1) of the KwaZulu-Natal Planning and Development Act, 2008 (Act 6 of 2008), read in conjunction with Section 42(1) of the Spatial Planning and Land Use Management Act, 2013, (Act 16 of 2013), the consolidation of Erf 16 and Erf 135 Everton to form Erf 168, Everton and subsequent subdivision of Erf 168, Everton to create portions 1-6 of Erf 168, Everton, situated at 1 Horseshoe Road be REFUSED for the following reasons:


2.4.3.2.1 The proposal does not comply with the prescribed minimum Erf size of the Outer West Scheme. The subject site is located in an area where a reduced minimum Erf size is capped at 6000m².

2.4.3.2.2 There are no existing pressures at the Everton area which informs proposal and warrants support of the proposal as this would set a precedent in the area of Everton and imbalance the uniqueness of the Everton area with the oldest conservancy in KwaZulu-Natal.NOTED, by the majority vote.

2.5 NOTING OF RULE OF ORDER 28: AUTHORITY FOR CONTINUED OPERATION OF THE GO DURBAN CYCLING AND YOUTH DEVELOPMENT PROGRAMME AND KWAMASHU BRIDGE CITY GREEN SPACES PROJECT (21/1/5&26/3/2/30

(Page 1)


2.5.1 That authority be granted for the continued operation of the GO Durban Cycling and Youth Development Programme and the KwaMashu Bridge City Green Spaces Project.

2.5.2 That subject to .1 above, authority be granted for the Head : eThekwini Transport Authority (ETA) to transfer R4 830 000.00 (Four Million Eight Hundred and Thirty Thousand Rand) from ETA Fund Account to the Green Corridors NPC for the ongoing operation of Durban Green Corridor Programme in terms of Section 67 of the Municipal Finance Management Act and the Memorandum of Agreement between eThekwini Municipality and the Green Corridors NPC.

Vote 66959/53202/99000/PD001/000/0010 R4 830 000.00Provided in 2016/2017FC No.: 50/046NOTED, by the majority vote.

2.6 NOTING OF RULE OF ORDER 28: AUTHORITY FOR THE PURCHASE OF NEW FURNITURE FOR COUNCILLORS: NEW 2016 COUNCIL TERM (3/5/9&8/1/5/10

(Page 6)COMMITTEE RECOMMENDS:

That authority be granted to Treasury to identified savings from projects that have underspent in the 2015/2016 financial year amounting to R2 000 000.00 (Two Million Rand) to be used for the procurement of the Councillor Office furniture sets, in preparation for the new 2016 Council term of office.

Vote No.: 1.73250.32123 FC No.: 08/CA45NOTED, by the majority vote.


2.7 NOTING OF RULE OF ORDER 28: AUTHORITY TO RELEASE AND ALLOCATE LAND FOR SOCIAL HOUSING AND A SMALL BUSINESS INCUBATOR FACILITY AT BRIDGE CITY TOWN CENTRE (21/8/3)

(Page 8)


2.7.1 That proposed large-scale Social Housing initiative at the Bridge City Town Centre: Upper Platform be supported in principle.

2.7. 2 That the proposed Small Business Incubator Park development concept at the Bridge City Town entre – Lower Platform be supported in principle.

2.7.3 That subject to the adoption of .1 above, the Head : Real Estate be authorised to undertake the land-legal procedures necessary to withdraw the selected land-parcels described as Erven 124, 141, 142, 143 and 144, all of Bridge City, and as depicted on the ‘Bridge City Overall Layout – Sales Plan’ dated January 2016 and Drawing No. 5388F/LAYOUT/K2, from the joint venture agreement with Tongaat Hulett Developments.

2.7.4 That subject to the adoption of .2 above, the Head : Real Estate be authorised to undertake the land-legal procedures necessary to withdraw the selected land-parcels described as the Remainder of Portin 133 of Erf 8 of Bridge City, and as depicted on the ‘Bridge City Overall Layout – Sales Plan’ dated January 2016 and Drawing No. 5388F/LAYOUT/K2, from the joint venture agreement with Tongaat Hulett Developments.

2.7.5 That subject to the adoption of .1, .2, .3 and .4 above, the potential dividend of the sale of the aforementioned land-parcels that would have been due to the Municipality in the event of an open market sale, be waived.

2.7.6 That subject to the adoption of .1, .2, .3 and .4 above, the Head : Economic Development and Investment Promotion be authorised to deviate from the Supply Chain Management Regulations and make payment to the ‘Effingham Development Joint Venture’ entity an amount equivalent to the cost the Joint Venture incurred in bringing the land to a state readiness to develop and the dividend share the developer, Tongaat Hulett Developments, would have gained in a market sale of the land, utilising Section 36(1)(a)(ii) of the Municipal Supply Chain Management Regulations.

2.7.7 That the City Manager record the reasons for any deviations and report it to the next meeting of Council and include it as a note to the Annual Financial Statements in terms of Section 36(2) of the Supply Chain Management Regulations.

Financial Details:Economic Development Project S1074 R51 517 925from Capital Savings 2015/2016FC No.: RequiredRecommendation .3 above was AMENDED by the deletion of “Erven 124, 141, 142, 143 and 144” and by the substitution therefor of “Erven 33, 34, 35, 46 and 47” to read as follows:-


“7.3 That subject to the adoption of .1 above, the Head : Real Estate be authorised to undertake the land-legal procedures necessary to withdraw the selected land-parcels described as Erven 33, 34, 35, 46 and 47, all of Bridge City, and as depicted on the ‘Bridge City Overall Layout – Sales Plan’ dated January 2016 and Drawing No. 5388F/LAYOUT/K2, from the joint venture agreement with Tongaat Hulett Developments.”

and therafter, NOTED, by the majority vote.

2.8. NOTING OF RULE OF ORDER 28: STIPEND FOR OVERSEERS AND BENEFICIARIES ON THE ZIBAMBELE POVERTY ALLEVIATION PROGRAMME: 2016/2017 FINANCIAL YEAR (4/3/5/3)

(Page 13)


2.8..1 That the remuneration of beneficiaries on the Zibambele Poverty Alleviation Programme be increased from R850.00 (Eight Hundred and Fifty Rand) per month to R900.00 (Nine Hundred Rand) per month with effect from 01 July 2016.

2.8.2 That the remuneration of overseers appointed prior to 01 July 2014 on the Zibambele Poverty Alleviation Programme remain at R4 150.00 (Four Thousand One Hundred and Fifty Rand) per month with no further increases until such time that the gap for the daily rate between beneficiaries and overseers has been narrowed to a ratio of 1:1.4.

2.8.3 That the remuneration of overseers appointed after 01 July 2014 on the Zibambele Poverty Alleviation Programme be increased from R3 205.00 (Three Thousand Two Hundred and Five Rand) per month to R3 276.00 (Three Thousand Two Hundred and Seventy Six Rand) per month, such amount being equal to 1.4 times the daily rate for beneficiaries.

Financial Details:Business Unit: 48910.10640.12120.0000.10710-28.R001Contract No.: Zibambele FC No.: 48.343

Provided 2016/2016 R76 664 381.28 exclusive of management feesNOTED, by the majority vote.

2.9 NOTING OF RULE OF ORDER 28: EXTENSION OF AUTHORITY FOR INCREASE IN CAPITAL BUDGET: CATO MANOR MUSEUM (35/2/R & 7/2/1)

(Page 51)


2.9.1 That authority be granted for the extension of the original project authority of R74 050 000.00 (Seventy Four Million and Fifty Thousand Rand) excluding VAT to an amount of R84 012 266.13 (Eighty Four Million and Twelve Thousand Two Hundred and Sixty Six Rand and Thirteen Cents), excluding VAT, to enable the Deputy City Manager: Community and Emergency Services to complete the Cato Manor Museum Complex Phase 1B.


2.9.2 That subject to the adoption of .1 above, an amount which is a shortfall of R9 962 266.13 (Nine Million Nine Hundred and Sixty Two Thousand Two Hundred and Sixty Six Rand and Thirteen Cents), excluding VAT, be provided on the 2016/2017 Capital Budget for Parks, Recreation and Culture Unit.

2.9.8 That the shortfall of R9 962 266.13 (Nine Million Nine Hundred and Sixty Two Thousand Two Hundred and Sixty Six Rand and Thirteen Cents) is due to internal and external factors which led to the escalation of costs and these are attributed to the following:-

2.9.8.1 Escalating cost of the structural steel and the aluminum screen façade.

2.9.8.2 Design refinements and changes to suit Modern Heritage structure; to improve the functionality, reduce life-cycle maintenance costs, and enhance visitor experience of this major capital project.

2.9.8.3 Upgrading of acoustic ceiling specification in the fourth level of exhibitions spaces.

2.9.8.4 Specification of composite light weight panels; and

2.9.8.5 The weakening Rand as compared to other global currencies.


AMOUNT INCLUDING VAT WHERE APPLICABLE

VATCOST TO COUNCIL (EXCLUDING VAT)

Increased Contract Sum R76 178 977.18 R9 355 312.99 R66 823 664.19

Establishment Charges (Fees)

R14 983 761.21 R1 840 111.03 R13 143 650.19

Departmental Service Charges

R13 446.09 R13 446.09

Escalation R4 595 916.45 R564 410.79 R4 031 505.66

R95 772 100.93 R11 759 834.80 R84 012 266.13

R 1 062 231.93 Expended in 2012/2013R 1 832 467.23 Expended in 2013/2014R30 352 299.21 Expended in 2014/2015R41 216 350.91 Provided in 2015/2016R9 548 916.85 Provided in 2016/2017

Vote No.: 1.71935.15580; Project No.: N1340; FC No.: 34/296NOTED, by the majority vote.


2.10 NOTING OF RULE OF ORDER 28: REQUEST TO UTILISE SECTION 116(3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT FOR ADDITIONAL CONTRACT AUTHORITY FOR CONSTRUCTION OF 22 TRIPLE STOREY UNITS: EMAPHELENI PHASE 1 (UMHLABUNZIMA RIDGE HOUSING PROJECT (22/7/1/1/3 & 9/1/3)

(Page 54)


2.10.1 That, in terms of Section 116(3) of the Municipal Finance Management Act, authority be granted to increase the contract authority for Contract 1H: 12377 for Construction of 22 Triple Storey Units: Emapheleni Phase 1 : Umhlabunzima Ridge Housing Project to R11 613 820.87 (Eleven Million Six Hundred and Thirteen Thousand Eight Hundred and Twenty Rand and Eighty Seven Cents) excluding VAT, and to extend the duration of contract by 7 (seven) months, due to the following reason:-

2.10.1.1 The project was delayed due to the unwillingness by the residents to relocate to transit camp for the duration of the construction. The matter was referred to court and the proceedings were finalized in November 2015 where the appeal by residents was dismissed. The residents were finally removed on 12 February 2016 thus a delay in the project by 191 days.

2.10.1.2 That subject to the adoption of .1above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendments of Contract 1H: 12377, as per the requirements in terms of Section 116 (3) of the Municipal Finance Management Act.NOTED, by the majority vote.

2.11 NOTING OF RULE OF ORDER 28: REQUEST TO UTILISE SECTION 116(3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT FOR CONTINUED OPERATION OF INTEGRATED RAPID TRANSPORT NETWORK PROJECT OFFICE, 174 FLORIDA ROAD, DURBAN (17/2/2/1/2 & 9/1/3)

(Page 61)


2.11.1 That, in terms of Section 116(3) of the Municipal Finance Management Act, authority be granted to extend a lease for Contract 1T 11758 at 174 Florida Road, with contract period and value still to be negotiated by Real Estate, it being recorded that lease extension is necessary for the following reason:-

2.11.1.1 There is shortage of office space within the eThekwini Transport Authority (ETA) to house project management and design teams working on the GO! Durban project approved by Council in 2013.

2.11.1.2 That the Head: Real Estate be authorised to negotiate and conclude the final terms and conditions of the lease agreement and sign all documents necessary.


2.11.1.3 That subject to the adoption of .1above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendments of Contract 1T: 11758, as per the requirements in terms of Section 116 (3) of the Municipal Finance Management Act.NOTED, by the majority vote.

2.12 NOTING OF RULE OF ORDER 28: FINAL REPORT: 2016/2017 VULAMEHLO INTEGRATED DEVELOPMENT PLAN (IDP) (2/1/6/1)

(Page 78)


That, as Wards from the Vulamehlo Municipality will be incorporated into eThekwini Municipality post 03 August 2016 Local Government elections, the 2016/17 Vulamehlo Integrated Development Plan (IDP) as adopted by the Vulamehlo Municipality, be noted, as per the directive of the Change Management Committee established in terms of Section 14(5) of the Municipal Systems Act 2000 to manage the transition.NOTED, by the majority vote.

2.13 NOTING OF RULE OF ORDER 28: AUTHORITY TO PROVIDE SERVICE INFRASTRUCTURE FOR THE POINT WATERFRONT DEVELOPMENT PROJECT (21/14/2)

(Page 432)


2.13.1 That Council grants project authority to the value of R624 962 000.00 (Six Hundred and Twenty Four Million Nine Hundred and Sixty Two Thousand Rand) to deliver Phase 1 infrastructure required for the Point Waterfront Development as per the projected cash flow attached as Annexure A to the report by the City Manager dated 2016-06-02.

2.13.2 That authority be granted to the Economic Development and Planning Cluster to utilize declared savings from project Beachfront Upgrade (Project Number: 002.74120) and Warwick Bulk Market (Vote No.: 53011.74180) towards the initial cost for Phase 1 detailed infrastructure design and site establishment costs valued at R11 607 000.00 (Eleven Million Six Hundred and Seven Thousand Rand) in the current financial year 2015/2016.

2.13.3 That subject to the approval of .1 and .2 above, it be noted that a portion of the aforementioned infrastructure investment will be recovered through payments of dividends from the profit generated by this development in addition to rates.NOTED, by the majority vote.


2.14 NOTING OF RULE OF ORDER 28: PROPOSED EXTENSION OF LEASE FOR DURBAN FUNWORLD: 78 SNELL PARADE, DURBAN CENTRAL BEACHFRONT (17/2/1/2/5)

(Page 440)


2.14.1 That Council approves the proposed extension of Funworld lease by 5 (five) years with a further 3 years right of renewal effectively running from May 2017 to June 2025.

2.14.2 That subject to the approval of .1 above, the Real Estate conducts land valuation process to determine the current market value that will inform the basis of a basic rental amount for the lease extension.NOTED, by the majority vote.

2.15 NOTING OF RULE OF ORDER 28: REQUEST FOR CAPITAL FUNDING FOR THE UPGRADE OF LIFTS AT RENNIES HOUSE BUILDING, 41 MARGARET MNCADI ROAD, DURBAN (17/2/2/2/1)

(Page 456)


2.15.1 That for the reasons stated in the report of the Acting Deputy Head : Architecture, dated 2016-06-13, funding to the value of R9 Million including be approved for the upgrading of the 4 (four) lifts at Rennies House, 41 Margaret Mncadi Road, Durban.

2.15.2 That the funding of R9 Million be provided over 2 (two) financial years i.e. R6 Million in 2016/2017 and R3 Million in 2017/2018.NOTED, by the majority vote.

2.16 NOTING OF RULE OF ORDER 28: REQUEST FOR RELOCATION OF THE 600MM TRUNK SEWER IN CATO CREST, WS2016/069 (23/2/1/3/5/1)

(Page 515)


2.16.1 That subject to compliance with the Supply Chain Management Regulations approves the implementation of project Y8411, (relocation of a 600mm trunk sewer in Cato Crest), at an estimated cost of R3 850 000.00 (Three Million Eight Hundred and Fifty Thousand Rand) (excl. VAT).

2.16.2 That subject to the approval of .1 above, the forward capital budgets be amended in the relevant years to meet this expenditure.

2.16.3 That subject to the approval of .1 above, public notices in terms of Section 33 of the Municipal Finance Management Act requesting comments and or objections to the five year contract period be advertised in the relevant print media.


2.16.4 That subject to the approval of .1above, the City Manager seeks authority from National Treasury to enter into a five year contract.

2.16.5 That subject to the approval of .1 above, authority be given to dispose of the existing trunk sewer.

Financial Implications:It is estimated that an amount of R31 850 000.00 would be required for the rerouting of the trunk sewer. This funding would be provided for from Capital Budgets:-

Vote No: Y8411 R 350 000.00 To be provided from savings Y6237 block sum 2016/2017

R 1 500 000.00 To be provided from savings Y6524 Canelands Bridge 2017/2018

R 8 000 000.00 To be provided from savings Y5602 Amanzimtoti trunk sewer 2018/2019

R20 000 000.00 To be provided sewer capital Budgets 2019/2020

R 2 000 000.00 To be provided sewer capital Budgets 2020/2021


2.17 NOTING OF RULE OF ORDER 28: REQUEST TO UTILIZE SECTION 67 OF THE MUNICIPAL FINANCE MANAGEMENT ACT, NO 56 OF 2003 FOR INITIATION OF MEMORANDUM OF AGREEMENT WITH SPORTS FEDERATIONS (33/2)

(Page 517)


2.17.1 That Council grant authority for the Deputy City Manager: Community and Emergency Services together with the Head: Legal and Compliance to enter into a 3 (three) year Memorandum of Agreement with recognized and legally constituted sports bodies and sport federation in order to adequately deliver sport and recreation services to the residents of Durban and for transfer payment to parties and stakeholders.

2.17.2 That subject to the adoption of .1 above, the City Manager be given an authority to sign the 3 (three) year Memorandum of Agreement with recognized and legally constituted sports bodies and sport federations, covering all aspects as required in terms of Section 67 of the Municipal Finance Management Act No. 56 of 2003.NOTED, by the majority vote.


2.18 NOTING OF RULE OF ORDER 28: REQUEST TO UTILIZE SECTION 116(3)(a) OF MUNICIPAL FINANCE MANAGEMENT ACT FOR ADDITIONAL CONTRACT FOR CONTRACT NO: 1T-9543: CONSULTING ENGINEERING SERVICES FOR THE PROJECT MANAGEMENT, DETAILED DESIGN AND IMPLEMENTATION OF ETHEKWINI INTERGRATED RAPID TRANSPORT NETWORK PHASE 1 - ROUTE C3A: BRIDGE CITY TO UMGENI VIADUCT (26/3/2/3&9/1/3)

(Page 519)


2.18.1 That, in terms of Section 116(3) of the Municipal Finance Management Act, authority be granted to amend the contract authority amount from R58 690 795.00 (Fifty Eight Million Six Hundred and Ninety Thousand Seven Hundred and Ninety Five Rand) to R101 748 744.00 (One Hundred and One Million Seven Hundred and Forty Eight Thousand Seven Hundred and Forty Four Rand) including VAT, 15% Contingency and 10% Escalation for Contract 1T: 9543 - Consulting Engineering Services for the Project Management, Detailed Design and Implementation of the eThekwini Integrated Rapid Public Transport Network (IRPTN) Phase 1 – Route C3A : Bridge City to Umgeni Viaduct, due to the following reasons:-

2.18.1.1 Increased scope of work as a result of the following aspect:-

a) Enhanced road pavement design following a technical review of the life cycle costs.

b) Adjustment of the system specifications post preliminary design to include for National Department of Transport operational aspects such as a Pre-paid Closed ticketing system.

c) Escalation on the estimated final construction cost. The original estimate as provided in the Preliminary Design was prepared in 2012.

d) The costs associated with the inclusion of the Empowerment Charter.

e) Additional works related to service relocations which were not foreseen in the preliminary design stage.

f) Adjustments to accommodate broader City initiatives such as Local Economic Development facilitation and localised road infrastructure improvements.

g) Enhancements to the specifications for IRPTN stations and Terminals

Consulting Services Tendered Fee Revised Fee

Design Fee R26 498 228.00 R45 998 228.00

Site Supervision R16 404 400.00 R25 404 400.00

Sub-totals R42 902 628.00 R71 402 628.00

VAT R 6 006 368.00 R 9 996 368.00

Sub-Total R48 908 996.00 R81 398 996.00

Contingency 15% R 9 781 799.00 R12 209 849.00

Escalation 10% R 8 139 899.00

TOTALS R58 690 795.00 R101 748 744.00


2.18.2 That Council supports the reasons to extend the Contract Date of the current appointment for three (3) years terminating on 30 June 2019, of the Professional Services contract, due to the importance of retaining a consistency of design and co-ordination on the affected construction contracts and the impracticability of utilizing another professional team, This will allow the professional team to close out the construction contracts, as well as allow for the handing over of as-built records.

2.18.3 That subject to the adoption of .1 and .2 above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendments of Contract 1T: 9543, as per the requirements in terms of Section 116 (3) of the Municipal Finance Management Act.NOTED, by the majority vote.

2.19 NOTING OF RULE OF ORDER 28: NATAL SHARKS RUGBY TEAM MOVE TO MOSES MABHIDA STADIUM

(Laid on Table)


2.19.1 That Council authorizes the City Manager or his nominee to lead discussions and engagement with the Rugby Union and the Sharks for a possible move of the latter to Moses Mabhida Stadium to achieve a long term vision for the stadium to become a land mark multipurpose entertainment facility and precinct that is open 7 (seven) days a week.

2.19.2 That a multidisciplinary team be established to investigate a mutually beneficial model that will ensure a balanced risk assessment and financial sharing between the parties.

2.19.3 That the City Manager be authorized to engage the services of an independent transactional advisor to facilitate the process.NOTED, by the majority vote.

3. THIRD REPORT OF THE EXECUTIVE COMMITTEE SPECIAL MEETING HELD ON WEDNESDAY, 2016-06-22

3.1 NOTING OF RULE OF ORDER 28: LOW VOLUME GRAVEL ROAD UPGRADE PROGRAMME: APPROVAL OF GRAVEL ROADS FOR UPGRADE PURPOSES IN THE 2016/2017 FINANCIAL YEAR (25/4/R)

(Page 10)


3.1.1 That the gravel roads on the informal network as indicated in the table below, be approved for the upgrade purposes, it being recorded that Councillors in the Wards concerned have been consulted on the matter and are in agreement with the proposed road upgrade.


3.1.2 That funding in the amount of R57 Million has been provided in the 2016/17 Capital Budget to upgrade the roads as identified in the table below.

3.1.3 That all endeavours be made for the upgrade function to be undertaken internally, i.e. using eThekwini Municipality resources.

NORTH REGION

WARD NO ROAD NAME OR DESCRIPTION

LENGTH (approx.)

CONSULTATION DONE

3 Track 69508 1.2 Yes

3 Track 83891 1.1 Yes

3 Track 83604 0.9 Yes

3 Track 83908 1.8 Yes

56 Track 108869 1 Yes

59 Track 86876 0.4 Yes

59 Track 86873 0.3 Yes

59 Track 86865 0.3 Yes

59 Track 86886 0.5 Yes

59 Track 96955 0.5 Yes

60 Track 86987 0.5 Yes

60 Track 86950 1.5 Yes

60 Track 83699 1 Yes

61 Track 82078 0.7 Yes

61 Track 82068 0.3 Yes

Total North Region 12 km

WEST REGION

1 Track 93418 0.9 Yes

2 Track 83830 1.5 Yes

2 Track 83570 0.5 Yes

2 Track 86459 0.4 Yes

4 Track 95036 0.4 Yes

4 Track 95016 0.3 Yes

4 Track 95019 0.4 Yes

4 Str 400178 1.4 Yes

4 Track 93125 0.7 Yes

4 Track 93124 1.2 Yes

5 Track 74040 1.5 Yes

5 Track 74051 0.5 Yes

5 Track 74103 0.9 Yes

7 Track 74020 0.7 Yes

7 Track 88005 0.7 Yes


NORTH REGION

WARD NO ROAD NAME OR DESCRIPTION

LENGTH (approx.)

CONSULTATION DONE

7 Track 48115 0.5 Yes

7 Track 74015 1.3 Yes

8 Track 84160 0.9 Yes

8 Track 84157 0.5 Yes

8 Track 86620 0.5 Yes

8 Track 86627 0.8 Yes

8 Track 68045 0.8 Yes

8 Track 68046 0.2 Yes

9 Track 86685 0.7 Yes

9 Track86707 0.4 Yes

9 Track 68039 0.7 Yes

9 Track 68021 0.5 Yes

9 Track 68041 0.5 Yes

9 Track 68040 0.7 Yes

103 Track 86189 0.7 Yes

103 Track 86204 0.5 Yes

103 Track 86203 0.1 Yes

103 Track 64503 1.1 Yes

Total West Region 23 km

SOUTH REGION

84 84913 TRK 1.2 Yes

96 300174/175/176/177 STR 3.5 Yes

96 84075 TRK 1.1 Yes

98 83527 TRK 1.0 Yes

98 87109 TRK 0.4 Yes

98 87113 TRK 0.3 Yes

98 83529 TRK 0.5 Yes

99 83555 TRK 0.8 Yes

99 83303/323/301/307 TRK 1.9 Yes

99 UDWENDWE RD 2.3 Yes

100 84229 TRK 0.3 Yes

100 83317 TRK 2.3 Yes

100 84232 TRK 1.5 Yes

100 84845 TRK 1.9 Yes

Total South Region 19 km




3.2 NOTING OF RULE OF ORDER 28: MAINTENANCE OF PORTION OF INFORMAL GRAVEL ROAD NETWORK IN ETHEKWINI MUNICIPAL AREA (25/4/R)

(Page 13)


3.2.1 That the gravel roads on the informal network totalling 1420 km as listed in the table below be recognised as the gravel road network for routine maintenance purposes.

3.2.2 That all endeavours be made for road maintenance to be undertaken internally, i.e. using eThekwini Municipality resources.

WardNumber

Length of roads as approved in December 2013 (m)

Length of roads constructed since December 2013 (m)

Plus additional road length to be included following consultation and inspections (m)

Total gravel roads for maintenance purposes (m)

1 69273 12538 24674 81409

2 180474 9629 49623 220468

3 95644 11000 30000 114644

4 66054 9836 12731 68949

5 22419 5038 15329 32710

6 6226 2868 7636 10994

7 36179 1767 7359 41771

8 63921 6775 923 58069

9 36601 6667 19372 49306

10 1359 3000 5000 3359

12 3510 848 2471 5133

13 4889 415 1578 6052

14 4442 4201 5397 5638

15 5656 1463 1876 6069

19 2711 1190 709 2230

20 868 248 594 1214

38 1359 3000 5000 3359

42 0 0 3000 3000

44 7165 2000 3000 8165

54 0 0 1000 1000

55 0 0 3000 3000

56 7703 4000 3000 6703

57 0 0 8000 8000

58 0 0 13000 13000

59 45448 11000 21000 55448

60 31298 4000 5000 32298

61 7962 4000 5000 8962

62 2715 0 0 2715


WardNumber

Length of roads as approved in December 2013 (m)

Length of roads constructed since December 2013 (m)

Plus additional road length to be included following consultation and inspections (m)

Total gravel roads for maintenance purposes (m)

67 39997 8524 20820 52293

84 23513 0 4294 27807

91 4695 4495 0 200

96 91425 4258 23461 110628

98 66770 2203 17347 81914

99 71733 3933 11706 79506

100 105972 2460 31239 134751

103 80967 9195 8122 79894

Total 1188948 140551 372261 1420658

*West & South Region

Notes: (a) The unit of measurement for the above lengths is expressed in metres (m).(b) Ward 100 lengths are shared amongst West & South Regions.


3.3 NOTING OF RULE OF ORDER 28: PUBLIC TRANSPORT SERVICE IMPROVEMENT PROGRAMME (26/3/1/2)

(Page 15)

The initiative by eThekwini Transport Authority to improve public transport service is supported. However, cognizance has been taken that consultation is necessary to engage and critically analyse all elements associated with the implementation of the Programme. Ultimately, Council wants to approve a Programme that is mutually beneficial and most importantly a cost-effective Programme to Council.

The proposal is therefore to support the Programme in principle pending the submission of a report to Council comprising a holistic view on the Programme, including the implementation process and the budget thereof. Given a proposed in principle approval at this stage, it was agreed that the implementation plan and associated timeframes as contained in the report by the Head: eThekwini Transport Authority is no longer applicable but that this will be revised accordingly once stakeholder input and comments have been received. A revised project plan and related budget will form part of the final report to be submitted to Council in future on this matter.

In view of the foregoing,


3.2.1 That Council approves in principle the Accelerated Service Improvement Incentives Programme for minibus taxi operators, drivers and passengers, a Programme which is aimed at achieving the following objectives:-

(i) Improve the quality of public transport service delivery in the City;(ii) Promote the empowerment of minibus taxi operators;


(iii) Promote the development of minibus taxi drivers; and (iv) Empower passengers to influence service delivery.

3.2.2 That authority be granted for the Head: eThekwini Transport Authority to make all necessary arrangements to consult relevant stakeholders on the Accelerated Service Improvement Incentives Programme.

3.2.3 That the Head: eThekwini Transport Authority submit a final report to Council for approval following the stakeholder consultation process.NOTED, by the majority vote.

4. FOURTH REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON WEDNESDAY, 2016-06-29

4.1 NOTING OF RULE OF ORDER 28: PAYMENT OF ETHEKWINI TRANSPORT AUTHORITY FUNDS : 2015/2016) (7/1/3/1)

(Page 75)


That authority be granted to the Deputy City Manager: Finance to pay the City's contribution in the amount of R3 160 320.00 (Three Million One Hundred and Sixty Thousand Three Hundred and Twenty Rand) to eThekwini Transport Authority Fund, as provided for in the operating budget for the 2015/2016 financial year.

Vote No. 50330.08800 R3 160 320.00 FC No: 50/047NOTED, by the majority vote.

4.2 NOTING OF RULE OF ORDER 28: REPLACEMENT OF DISASTER MANAGEMENT AND EMERGENCY CONTROL UNIT CALL MANAGER AND INTEGRATED SYSTEMS (10/2/2)

(Page 76)


4.2.1 That authority be granted for the Deputy City Manager: Community and Emergency Services to replace disaster management and emergency control unit call manager, a critical system used to process and manage emergency calls, at an estimated amount of R10 Million and subject to currency fluctuations.

4.2.2 That, subject to the approval of .1 above, authority be granted to identify funds from savings within the Cluster in the 2016/2017 financial year.

4.2.3 That the tender for the system replacement includes maintenance function for all the systems for a period of 3/5 years.NOTED, by the majority vote.


4.3 NOTING OF RULE OF ORDER 28: REQUEST TO UTILISE SECTION 116(3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT TO EXTEND APPOINTMENT OF MAIN CONTRACTOR FOR THE LAMONTVILLE MINISTERIAL HOUSING PROJECT (22/7/1/1/3)

(Page 78)


4.3.1 That, in terms of Section 116(3) of the Municipal Finance Management Act, authority be granted to extend the scope of work for a contractor appointed on the Lamontville Ministerial Housing Project: Contract No. 1H-2177 to cover the extended scope of works and programme which include approximately 400 additional serviced sites and houses, as submitted to the KwaZulu-Natal Department of Human Settlements, for the project to end in December 2018 at the additional total costs of R116 800 388.30 (One Hundred and Sixteen Million Eight Hundred Thousand Three Hundred and Eighty Eight Rand Thirty Cents) for the following reasons:-

4.3.1.1 There have been delays as a result of oversteep topography; a lack of adequate temporary accommodations for families relocated from the development areas; overcrowding and oversubscription of the available developable land; a shortage of suitable developable land; and invasion of new houses and rain falls delays.

4.3.2 That subject to the adoption of .1 above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendments of Contract number 1H-2177, as per the requirements in terms of Section 116 (3) of the Municipal Finance Management Act.


Existing Approved Contract Authority for Lamontville Informal Settlements

Existing/Approved Budget Extension/Required Budget

Excluding VAT Excluding VAT

Revised Contract Value 244 009 766.70 94 867 112.00

Contingencies 10% 14 625 684.48

Establishment Charge Nil Nil

Departmental Works Nil Nil

Consultants Fees Nil Nil

Escalation 8% 19 420 510.72 7 589 368.96

Other Nil Nil

Total Cost to Council 278 055 961.90 102 456 481.00


Financial Provision has been made for the project as follow:

Vote No. Financial Year Provision Commitment Available Amount

BU 90666 2015/16 R110 323 000.00 R30 344 246.00 R79 887 754.00

BU 90658 2016/17 R13 719 000.00 R10 437 179.00 R3 281 821.00

CIHD/USDGP5216

2015/16; 2016/17 R110 232 000.00 R30 344 246.00 R79 887 754.00

CIHD/USDGP5216

2017/18 R116 800 388.30

CIHD/P5179

Balance to be drawn down from DOHS & USDG allocation on future

BU Vote: 90666/ 90658 Lamontville Informal R66 955 066.00CIHD Vote: P5216/5179 Lamontville Informal R79 887 754.00CIHD Previous R36 088 933.00Future CIHD R50 800 300.00Awaiting DOHS Funding R66 000 000.00NOTED, by the majority vote.

4.4 NOTING OF RULE OF ORDER 28: MONTHLY REPORT ON INVESTMENTS IN TERMS OF THE MUNICIPAL CASH MANAGEMENT AND INVESTMENT REGULATIONS : MAY 2016 (7/11/4)

(Page 84)


That the report on the investments of the eThekwini Municipality as at 2016-05-31, submitted by the City Manager as per his report dated 2016-06-20 and as per the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance Management Act, 2003, be noted.NOTED, by the majority vote.

4.5 NOTING OF RULE OF ORDER 28: MID-YEAR BUDGET AND FINANCIAL PERFORMANCE ASSESSMENT BY NATIONAL TREASURY : 31 DECEMBER 2015 (7/2/1)

(Page 100)


4.5.1 That the mid-year budget and financial performance assessment as at 31 December 2015 undertaken by National Treasury as per the requirement in terms of Section 72 of the Municipal Finance Management Act, be noted, it being recorded that the recommendations from National Treasury are as follows:

4.5.1.1 The Metro needs to address their high levels of outstanding debt, especially with regard to household.


4.5.1.2 Further engagements between National Treasury and Metro are required on the use of Bona Vacantia and the misalignment between the mSCOA debtors segment that eThekwini was not aware of.

4.5.1.3 The Metro needs to turnaround the deficit on public transport.

4.5.1.4 The Metro must address the water challenges by obtaining serious political commitment to deal with the water losses and by implementing the mid-year recommendations of the National Department of Water and Sanitation.

4.5.1.5 The National Treasury Municipal Finance Management Act Implementation Unit will meet with the Metro to provide further guidance on the Regulations on Financial Misconduct.

4.5.1.6 The Metro will provide suggestions on how to enhance the flow of the 2016 mid-year agenda to inform the 2016/17 mid-year engagement.NOTED, by the majority vote.

4.6 NOTING OF RULE OF ORDER 28: REIMBURSEMENT OF PLANNING COMMISSIONERS FOR TRAVEL TIME AND UPDATE ON REMUNERATION MODEL FOR THE CITY PLANNING COMMISSION (4/5/1/8/9)

(Page 153)

It was agreed that the City Planning Commission will update Council on the work undertaken to date, in particular, the reconfiguration of the City's 5-year strategy and the implementation plan thereof.


4.6.1 That Council approves the amendment to the existing remuneration model of the City Planning Commission as follows:-

4.6.1.1 City Planning Commission members be reimbursed for reasonable travelling time for attending meetings. Members situated outside a 90km radius from the meeting will only be entitled to claim 3 (three) hours travelling time. Members situated within a 90km radius will not be entitled to claim travelling time.

4.6.1.2 Meeting attendance fees and supplementary fees be revised to align with the remuneration for the Audit and Risk Committee members as shown in the table below:-

Member Attendance Fees (Per Day) Supplementary Fees (Per Hour)

Chairperson From R3 584.00 to R3 784.00 From R652.00 to R689.00

Member From R2 176.00 to R2 296.00 From R652.00 to R689.00



4.7 NOTING OF RULE OF ORDER 28: REQUEST FOR AUTHORITY TO ADVERTISE SEVEN WQ CONTRACTS TO SEWER AREAS OF HOUSING WHERE WET CORES FOR HOUSES HAVE NOT BEEN CONSTRUCTED IN THE CATO CREST AREA: WS2016/068 (23/2/1/3/2)

(Page 158)COMMITTEE RECOMMEND:

4.7.1 That authority be granted for the Head: Water and Sanitation to undertake the water borne sewer connection project in Cato Crest at an estimated cost of R1 500 000.00 (One Million Five Hundred Thousand Rand), excluding VAT.

4.7.2 That due to the emergency of the situation and subject to the approval of .1 above, authority be granted for the Head: Water and Sanitation to advertise and appoint 7 (seven) WQ contracts to construct the wetcore for existing houses in Cato Crest.

4.7.3 That the Deputy City Manager: Finance be authorised to include in his adjustment budgets the relevant transfer of funds from projects Y6651 to project Y8413.

4.7.4 That subject to the approval of .1 above, the Head: Water and Sanitation be authorised to submit, for approval by the Bid Adjudication Committee, a report in terms of Section 36 of the Municipal Finance Management Act.

Vote Y8413 R1 500 000.00 (To be provided from savings from Y6651 Hammarsdale WWTW Expansion 2016/2017FC No.: 65/C40NOTED, by the majority vote.

4.8 NOTING OF RULE OF ORDER 28: AUTHORITY FOR PARKS, RECREATION AND CULTURE UNIT TO BE CUSTODIANS OF: WEED SPRAYING, GRASS CUTTING OPERATIONS OF UNMAINTAINED ROAD RESERVE, UNDEVELOPED PRIVATE AND MUNICIPAL OWNED VACANT LAND, STREAM CLEANING, BUSH CLEARING AND GARDEN SERVICES AT MUNICIPAL COUNCIL FACILITIES (31/4/1)

(Page 160)

The intention to centralize grass cutting services City-wide was unanimously commended. It was noted that this would result in improved service to the satisfaction of the residents of eThekwini. The issue of abandoned buildings and private properties not well-maintained to the detriment of neighbours was raised. Thereafter, it was advised that complaints in this regard should be directed to the Environmental Health Department to deal with issues of concern within a legal premise.


4.8.1 That the Parks Leisure and Cemeteries Department be mandated to initiate discussions with the relevant Council Departments, including Public Realm; Health Department; Business Support and Supply Chain Management to devise and draft a Parks, Recreation and Culture Supplementary Strategy (in line with the current Co-operative Development Strategy) launched in June 2016, to undertake the Grass Cutting and basic Horticultural Garden Services for the entire City.


4.8.2 That the Parks Leisure and Cemeteries Department be mandated to increase its grass cutting cycles from seven (7) to the provision of twelve (12) cycles of grass cutting on a Cut-Rake-Remove and Edge on Unmaintained Road Verges and a basic Horticultural Garden Service to Municipal Facilities in the 2017/2018 Financial year at an estimated costs of R174 857 142.00 (One Hundred and Seventy Four Million Eight Hundred and Fifty Seven Thousand One Hundred and Forty Two Rand).

4.8.3 That engagements be initiated with the Provincial Transport Authorities to seek the transfer of funding to eThekwini Municipality and seeking permission to undertake grass cutting function in the Provincial roads for the Province by the 2017/2018 Financial year at an estimated cost of R29 300 039.00 (Twenty Nine Million Three Hundred Thousand and Thirty Nine Rand).Her Worship the Mayor having requested that Micro-Companies and Co-Operatives be included in the grass cutting function in an endeavour to create jobs, the above recommendations were, by the majority vote, NOTED.

4.9 NOTING OF RULE OF ORDER 28: WORK IN EXCESS OF R500 000 : MV/LV UGM CONSTRUCTION AND COMMISSIONING OF SABS DISTRIBUTOR SUBSTATION AT MAYVILLE IN WARD 30, DRAWING NUMBER 1650778 (27/2/R)

(Page 166)


That authority be granted to the Head: Electricity to incur expenditure estimated at R2 109 333.00 (Two Million One Hundred and Nine Thousand Three Hundred and Thirty Three Rand) through the normal goods and services procurement process to carry out construction of the medium and low voltage reticulation and commissioning of distributor substation in Ward 30 at Mayville.


4.10 NOTING OF RULE OF ORDER 28: WORK IN EXCESS OF R500 000: ELECTRICAL REINFORCEMENT OF EVEREST HEIGHTS AREA, VERULAM, WARD 60 (DL 2487843) (27/2/R)

(Page 167)


That authority be granted to the Head: Electricity to incur expenditure estimated at R2 090 000.00 (Two Million and Ninety Thousand Rand) through the normal goods and services procurement process in order to reinforce the existing medium voltage reticulation system in the Everest Heights area, Verulam.

Account Code 80166 : R2 090 000.00Provided in the 2016/2017 Capital Estimates FC79/CA1659



4.11 NOTING OF RULE OF ORDER 28: WORK IN EXCESS OF R500 000: ELECTRICAL REINFORCEMENT OF TRUROLANDS AREA, TONGAAT, WARD 61 (DL 2741427) (27/2/R)

(Page 168)


That authority be granted to the Head: Electricity to incur expenditure estimated at R2 246 750.00 (Two Million Two Hundred and Forty Six Thousand Seven Hundred and Fifty Rand) through the normal goods and services procurement process in order to reinforce the existing medium voltage reticulation system in the Trurolands area, Tongaat.


4.12 NOTING OF RULE OF ORDER 28: WORK IN EXCESS OF R500 000: ELECTRICAL RETICULATION OF KENNEDY ROAD TRANSIT CAMP, CLARE HILLS, WARD 25 : DRAWING NUMBER 3341263 (27/2/3/2)

(Page 169


That authority be granted to the Head: Electricity to incur expenditure estimated at R2 556 250.00 (Two Million Five Hundred and Fifty Six Thousand Two Hundred and Fifty Rand) through the normal goods and services procurement process to carry out construction of the medium and low voltage reticulation in order to provide supply of electricity to approximately 515 (five hundred and fifteen) customers at Kennedy Road Transit Camp.


4.13 NOTING OF RULE OF ORDER 28: WORK IN EXCESS OF R500 000: ELECTRICAL RETICULATION OF INFORMAL SETTLEMENT AT 97 SHANNON DRIVE, RESERVOIR HILLS, WARD 23 : DRAWING NUMBER 2342072 (27/2/3/2)

(Page 170


That authority be granted to the Head: Electricity to incur expenditure estimated at R2 147 550.00 (Two Million One Hundred and Forty Seven Thousand Five Hundred and Fifty Rand) through the normal goods and services procurement process to carry out construction of the medium and low voltage reticulation in order to provide a supply of electricity to approximately 278 (two hundred and seventy eight) customers at 97 Shannon Drive in Reservoir Hills.



4.14 NOTING OF RULE OF ORDER 28: WORK IN EXCESS OF R500 000 : NEW ELECTRICAL SUPPLY TO 10, THE BOULEVARD, WESTVILLE SOUTH, WARD 24 : DRAWING NUMBER 2710512 (27/2/R)

(Page 171


That authority be granted to the Head: Electricity to incur expenditure estimated at R640 063.00 (Six Hundred and Forty Thousand and Sixty Three Rand) through the normal goods and services procurement process to carry out the necessary construction in order to supply the new customer.

Account Code 80162 : R640 063.00Provided in the 2016/2017 Capital Estimates FC79/CA1654NOTED, by the majority vote.

4.15 NOTING OF RULE OF ORDER 28: WORK IN EXCESS OF R500 000: COMMISSIONING OF DSS AT BLUE BELL CRESCENT, MARIANNQ INDUSTRIAL PARK, WARD 16 : DRAWING NUMBER (DL 2149074) (27/2/R)

(Page 172


That authority be granted to the Head: Electricity to incur expenditure estimated at R15 620 699.00 (Fifteen Million Six Hundred and Twenty Thousand Six Hundred and Ninety Nine Rand) through the normal goods and services procurement process in order to equip the distributor substation t Blue Bell Crescent, Marian Industrial Park.

DL 2149074 : Account Code 80011 : R15 620 699.00Provided in the 2016/2017 Capital Estimates FC79/CA1657NOTED, by the majority vote.

4.16 NOTING OF RULE OF ORDER 28: WORK IN EXCESS OF R500 000: COMMISSIONING OF BRICK SUBSTATION AT 1A PIONEER ROAD, KLOOF, WARD 10 (DL 3170564) (27/2/R)

(Page 173)


That authority be granted to the Head: Electricity to incur expenditure estimated at R662 580.00 (Six Hundred and Sixty Two Thousand Five Hundred and Eighty Rand) through the normal goods and services procurement process in order to equip the brick substation at 1A Pioneer Road, Kloof.



4.17 NOTING OF RULE OF ORDER 28: WORK IN EXCESS OF R500 000: ELECTRICAL RETICULATION OF OAKFORD HOUSING PROJECT PHASE 1A, VERULAM, WARD 59 (DL 3304243) (27/2/R)

(Page 174)


That authority be granted to the Head: Electricity to incur expenditure estimated at R773 300.00 (Seven Hundred and Seventy Three Thousand Three Hundred Rand) through the normal goods and services procurement process in order to construct a new medium and low vol.ge reticulation network to be able to provide electricity to the Oakford Housing Project.


4.18 NOTING OF RULE OF ORDER 28: WORK IN EXCESS OF R500 000: REPLACEMENT OF MEDIUM VOLTAGE SWITCHGEAR AT QUALITY/VOORTREKKER DSS NO 10413 AT 60 MILNER STREET, JACOBS, WARD 75 : DRAWING NO 3345316 (27/2/R)

(Page 175)


That authority be granted to the Head: Electricity to incur expenditure estimated at R1 100 850.00 (One Million One Hundred Thousand Eight Hundred and Fifty Rand) through the normal goods and services procurement process to replace the existing medium voltage switchgear at Quality/Voortrekker Street Distributor Substation Number 10413 at 60 Milner Street, Jacobs as the existing medium voltage switchgear has faulted and cannot be repaired.



4.19 NOTING OF RULE OF ORDER 28: WORK IN EXCESS OF R500 000: REPLACEMENT OF SWITCHGEAR AND INSTALLATION OF MEDIUM VOLTAGE CABLES AT 7 BURO CRESCENT, MAYVILLE, WARD 30: DRAWING NUMBER (3133667) (27/2/R)

(Page 176)


That authority be granted to the Head: Electricity to incur expenditure estimated at R1 388 805.00 (One Million Three Hundred and Eighty Eight Thousand Eight Hundred and Five Rand) through the normal goods and services procurement process to carry out the replacement of switchgear and installation of medium voltage cables at 7 Buro Crescent in Mayville.


4.20 NOTING OF RULE OF ORDER 28: REQUEST TO UTILISE SECTION 116(3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT FOR ADDITIONAL CONTRACT AUTHORITY: PHASE 1 ADDITIONS TO THE ELECTRICITY CONTROL CENTRE, JELF TAYLOR CRESCENT, WARD 26 (17/2/2/2/1)

(Page 177)


4.20.1 That, in terms of Section 116(3) of the Municipal Finance Management Act, authority be granted for the Contract CSA 1686 to be extended by the amount of R24 747 257.00 (Twenty Four Million Seven Hundred and Forty Seven Thousand Two Hundred and Fifty Seven Ran) for building works to be obtained in the 2015/16 and 2016/17 financial years via contracts in place and administered by the Architecture Department at Jelf Taylor Crescent, due to the following reasons, amongst others:

4.20.1.1 Due to necessary scope and specification variations, additional costs have been incurred for:-

(i) Postponing removal of existing roof in order to mitigate the risk of exposing critical infrastructure to potential leaks during builders break, a period of no site attendance, a critical path delay was incurred.

(ii) Relocation of ICT equipment scope expansion to include relocation of server cooing plant, necessitating alternation to temporarily re-house the plan.

(iii) Unforeseen ground conditions requiring removal and relocation of underground structures and services and necessitated the slight relocation and enlargement of the new lift lobby structure.

4.20.2 That subject to the adoption of .1 above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendments to Contract CSA 1686, as per the requirement in terms of Section 116 (3) of the Municipal Finance Management Act.NOTED, by the majority vote.


4.21 NOTING OF RULE OF ORDER 28: BUSINESS PROCESS OUTSOURCING (BPO) SECTOR DEVELOPMENT PROGRAMMES (20/1/5)

(Page 185)

The above item was deferred at the Council meeting of 22 June 2016 to relook at the matter. The development programme has since been reviewed to be more explicit and the recommendations now include the following:

A placement programme linked to the Skills Development Programme. A targeted SMME Development Programme Key transformation targets

Given the above amendments,


4.21.1 That the Head: Economic Development and Investment Promotion and the Head: eThekwini Municipal Academy be duly authorised to proceed with participation in the Business Process Outsourcing (BPO) Development Programme for the development, growth and competitiveness of the BPO Sector.

4.21.2 That subject to approval of .1 above, the City Manager be authorised to conclude a Memorandum of Agreement (MOA) to give effect to the BPO Development Programme including a placement programme linked to the skills development programme, a targeted SMME development programme and the key transformation targets.

4.21.3 That subject to the approval .1 and .2 above, the Head: Economic Development and Investment Promotion and the Head: eThekwini Municipal Academy be duly authorised, in terms of Section 67 of the Municipal Finance Management Act and in accordance with the MOA, to disburse funds to the NPC, Durban Calling KZN trading as BPeSA KZN Registration Number: 2014/043785/08, for the operations and implementation of BPO sector development programme amounting to R3 000 000.00 (Three Million Rand), excluding VAT, for the 2016/17 financial year; R2 000 000.00 (Two Million Rand), excluding VAT, for the 2017/2018 financial year; and R1 000 000.00 (One Million Rand) for the 2018/2019 financial year.

4.21.4 That the Head: Economic Development and Investment Promotion and the Head: eThekwini Municipal Academy be authorised to report progress on this initiative on an annual basis.

VOTE NUMBER AMOUNT YEAR

12012.09195

EMA

R2 000 000.00 (no VAT)

R1 000 000.00 (no VAT)

2016/17

12012.09195

EMA

R1 000 000.00 (no VAT)

R1 000 000.00 (no VAT)

2017/18

12012.09195 R1 000, 000.00 (no VAT) 2018/19

FC No.: 18/18NOTED, by the majority vote.


4.22 NOTING OF RULE OF ORDER 28: BUDGET STATEMENT REPORT FOR THE MONTH ENDED 31 MAY 2016 (7/1/4)

(Page 188)


That the Budget Statement Report for the month ended 2016-05-31, submitted by the City Manager as per his report dated 2016-06-10, in compliance withSection 71 of the Municipal Finance Management and in terms of Government Notice 32141 dated 17 April 2009, relating to the “Local Government: Municipal Finance Management Act, 2003, be noted.NOTED, by the majority vote

5. SECOND REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON MONDAY, 2016-06-20

5.1 REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE: MEETING HELD ON 2016-06-06

5.1.1 Naming of Streets in Ward 77 Covering Welbedacht (25/4/15/1):(Page 89 : Governance and Human Resources Committee - Agenda 2016-06-06)


That the following proposed and reviewed names for the unnamed Streets in Ward 77, covering Welbedacht, as contained in the report of the Deputy Head: Corporate Geographic Information Systems dated 2016-04-07 and as indicated on Plan STN 07/04/16, be approved:-

Street code Proposed Name Reviewed Name Meaning

120129 STREET Mzimasi MZIMASI RIDGE A late community activist

122548 STREET Kayelisha KHAYELISHA RIDGE New Homes

122549 STREET Elizabeth Nomaorite Mnkono

ELIZABETH NOMAKORITE MNKONO STREET

Late local social worker

122550 STREET Mvelo MVELO WALK Late nursing and youth club member

122551 STREET Gumtree GUMTREE CLOSE A type of tree

122552 STREET Tommy Singh TOMMY SINGH HIGHWAY

Late first development committee member

122553 STREET NhlanhlaNgiba NHLANHLA NGIBA CLOSE

Late first contractor of Welbedagt

122554 STREET Motheelal MOTHEELAL WAY Late first contractor of Welbedagt

122555 STREET Sardine SARDINE WALK A type of fish

122556 STREET Thandeka THANDEKA LANE Be lovable

122557 STREET Fisherman FISHERMAN LANE A person who catches fish for a living or sport


Street code Proposed Name Reviewed Name Meaning

122558 STREET Eric Phakathi ERIC PHAKATHI STREET

Late first chairman of this development

122559 STREET Riverview RIVERVIEW STREET The ability to see something from a natural stream of running water

122560 STREET Thopheleni Ndlovu

THOPHELENI NDLOVU STREET

Late first ANC Chairman of this development

122561 STREET Socialism SOCIALISM WAY Sharing

122562 STREET Dlamini DLAMINI CLOSE Clan Name

122563 STREET Bhekokwakhe Makhathini

BEKOKWAKHE MAKHATHINI LANE

A late local activist

122564 STREET Hillview HILLVIEW GROVE Ability to see something from a naturally raised piece of land

122565 STREET Sipho Mhlophe SIPHO MHLOPHE WAY Late first black man in the area

122566 STREET Ubhadane UBHADANE CLOSE Walk slowly

122567 STREET Ingwenya INGWENYA WALK Crocodile

122568 STREET SbonisoGoba SIBONISO GOBA LANE A late taxi driver

122569 STREET Ekuthuleni EKUTHULENI AVENUE A place of peace

122570 STREET Ndayini NDAYINI LANE A late local committee member

122571 STREET Endodeni ENDODENI CLOSE Manhood

122572 STREET Village View VILLAGE VIEW LANE A group of houses and associated buildings

122573 STREET Chakide CHAKIDE PLACE Fox

122574 STREET Shezi Thulanezwi THULANEZWI SHEZI PLACE

A late social sport activist

122575 STREET Msiya MSIYA WALK Late activist

122576 STREET Bongani Ngqolokotho

BONGANI NGQOLOOTHO STREET

A late local activist

122577 STREET Communist COMMUNIST STREET A person who believes or supports the principles of Communism

122578 STREET Muzikayise Mpinda

MUZIKAYISE MPINDA LANE

A late local communist

122579 STREET Soyingwa Pinkyrose

SOYINGWA PINKYROSE PLACE

Late social worker

122580 STREET Cader CADER WALK Late Comrade

122581 STREET Ezangomeni EZANGOMENI WALK Traditional Healers

Recommendations REFERRED BACK to Governance and Human Resources Committee for further consideration.


5.2 REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD ON 2016-06-07

(Page R6)

5.2.1 Proposed New eThekwini Municipality : Coastal Management By-Law, 2016 (1/1/3/1/R):(Page 247 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


5.2.1.1 That the eThekwini Municipality: Coastal Management By-Law, 2016 be approved for public participation and published for comment in Ezasegagasini Metro and on the City Hall notice board for a period not less than 30 days to allow the public an opportunity to make representations with regards to the proposed by-law.

5.2.1.2 That should no substantive objection and representation be received from the public, the above By-law is to be sent back to the Committee, EXCO and Council for final approval and thereafter for the By-law to be promptly sent to Ezasegagasini Metro and the Provincial Gazette for final publication, with the By-law taking effect on a date as prescribed therein.Recommendations REFERRED BACK to Human Settlements and Infrastructure Committee for further consideration.

5.2.2 Proposed New eThekwini Municipality : Water Supply By-Law, 2016 (1/1/3/1/32):(Page 277 : Human Settlements and Infrastructure Committee - Agenda 2016-06-07)


5.2.2.1 That the eThekwini Municipality: Water Supply By-law, 2016, as contained in the Human Settlements and Infrastructure Committee dated 2016-06-07, be approved for final publication in the Ezasegagasini Metro and the Provincial Gazette, with:-

5.2.2.1.1 The By-law taking effect six months from the date of publication thereof or on such earlier date as may be determined by the publication of a commencement notice in the Provincial Gazette.

5.2.2.1.2 The existing Water By-Laws, as contained in the Schedule to the By-law, remain in operation until being repealed as of the effective date of the 2016 By-law.Recommendations REFERRED BACK to Human Settlements and Infrastructure Committee for further consideration.


5.3 REPORT OF THE FINANCE AND PROCUREMENT COMMITTEE: MEETING HELD ON 2016-06-07

(Page R20)

5.3.1 Request to Borrow Funds for Capital Projects under the Infrastructure Investment Programme for South Africa (7/3/1/1/12):(Page 383 : Finance and Procurement Committee - Agenda 2016-06-07)



5.3.1 That approval be granted for the Infrastructure Investment Programme of South Africa (IIPSA) Funding Package consisting of IIPSA Direct Capital Grant for R93.0 Million and raising of debt funding in a form of a total loan of R700.0 million, it being recorded that the total loan of R700.0 million will be provided as follows:-

5.3.1.1 Each of the two IIPSA participating Development Finance Institutions (DFI’s) being Agence Francaise de Development (AFD) and the Development Bank of South Africa (DBSA) will provide a loan portion that will aggregate R700 Million.

5.3.1.2 The loan terms and conditions as per 1.1 are substantially on the basis of the draft loan agreements in Annexures A, B and C to the report of the City Manager dated 2016-06-02 relative hereto.

5.3.2 That subject to 1. above, the City Manager be authorized to sign the legal agreements.

5.3.3 That subject to 1. and 2. above, the Deputy City Manager: Treasury be authorised to sign all subsequent documents, notices and utilization requests in relation to this grant and loan.This item was considered in conjunction with item 6 of the Fourth Report of the Executive Committee dated 2016-06-29.

5.4 REQUEST FOR FINAL APPROVAL FOR THE PROMULGATION OF THE ETHEKWINI MUNICIPALITY TRANSPORT BY-LAW, 2016 (1/1/3/1/R)

(Page 461)

The Committee noted that a six-month training will be conducted to empower law enforcement officers to effectively implement the By-law. All other issues of concern will also be addressed during the training period.


That the eThekwini Municipality: Public Transport By-law, 2016 be approved for final publication in Ezasegagasini Metro and the Provincial Gazette, with the By-law taking effect six months from the date of publication thereof or on such earlier date as may be determined by the publication of a commencement notice in the Provincial Gazette.Recommendation REFERRED BACK to the Executive Committee for further consideration.


6. FOURTH REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON WEDNESDAY, 2016-06-29

6.1 INTEGRATED DEVELOPMENT PLAN 2015/2016: MID-TERM AMENDMENTS TO THE ORIGINAL ORGANISATIONAL SCORECARD AND SERVICE DELIVERY & BUDGET IMPLEMENTATION PLAN (2/10/1/1/9)

(Page 71)


That, in compliance with Section 5(c) of the Municipal Finance Management Act, the amendments effected to Plan 3: Creating a Quality Living Environment, by revising the target relating to the project to improve public transport, as outlined in the report by the City Manager dated 2016-06-24, be noted.NOTED.

6.2 REQUEST FOR AUTHORITY TO BORROW FUNDS FOR CAPITAL PROJECTS UNDER THE INFRASTRUCTURE INVESTMENT PROGRAMME FOR SOUTH AFRICA (7/3/1/1/2)

(Page 94)

Additional information was given on the credibility of the loan provided under the French Law. Confirmation was given that the City of Johannesburg is the beneficiary of this loan. In terms of the loan agreement there is a flexibility for the Municipality to still apply policy legislation applicable by virtue of being an organ of state and also engage its legal firms to give advice on French Law when required. The City of eThekwini is financially stable to finance the loan and it is proposed that the City participates in the Infrastructure Investment Programme of South Africa (IIPSA) to access funding package, including the direct capital grant, to fund the service delivery projects.

It should be noted that full recommendations on this matter are already contained in the main Council Agenda but that the recommendations below are just additional for Council to fully understand the obligations associated with the proposed loan and that potential risks will be mitigated.


6.2.1 That approval be granted for Infrastructure Investment Programme of South Africa (IIPSA) Funding Package consisting of IIPSA Direct Capital Grant for approximately R93.0 million and raising of debt funding in a form of a total loan of R700.0 million and the loan of R700.0 million to be provided as follows:

6.2.1.1 The total loan of R700.0 million will be provided by either one of the participating Development Finance Institutions (DFI) being Agence Francaise de Development (AFD) and the Development Bank of South Africa (DBSA) or

6.2.1.2 That each of the two IIPSA participating Development Finance Institutions (DFI’s) being Agence Francaise de Development (AFD) and the Development Bank of South Africa (DBSA) will provide a loan in portions that will in aggregate sum up to R700.0 million when combined.


6.2.1.3 The grant and loan terms and conditions as per 1.1 and 1.2 are substantially on the basis of the draft legal agreements attached as Annexure A, B and C to the report by the Deputy City Manager: Finance.

6.2.2 That the Municipal Council hereby:-

6.2.2.1 Authorises the Municipality to enter into the draft legal agreements attached as Annexure A, B, and C to the report by the Deputy City Manager: Finance.

6.2.2.2 Approves the terms of the draft legal agreements.6.2.2.3 Approves the execution of the draft legal agreements.

6.2.3 That authority be granted for the City Manager to sign the legal agreements on behalf of the Municipality.

6.2.4 That subject to .1 and .2 above, the Deputy City Manager: Finance be authorised to sign any and all subsequent documents, notices and utilisation requests in relation to this grant and loan on behalf of the Municipality. ADOPTED.

6.3 PROGRESS REPORT ON THE ESTABLISHMENT OF A MUNICIPAL ENTITY: DURBAN MUNICIPAL BUS SERVICE (26/3/1/2)

(Raised Verbally)

It will be recalled that the above item was deferred by Council at its meeting on 22 June 2016 to enable engagements with the new MEC for Transport, Community Safety and Liaison for Transport together with the predecessor in this portfolio, now the KZN Premier, to achieve effective succession on this matter.

While in the process of securing a meeting with the MEC for Transport, Community Safety and Liaison, the Municipality has received a letter from National Treasury requesting to be furnished with information on the proposed entity and also furnish information to the Department of Transport.

It will be recalled that the aforementioned parties were consulted but a response was not received by the City within a prescribed period. To satisfy the process, the eThekwini Transport Authority is consolidating information for submission to the Accounting General.

The above developments suggest Council will not be able to implement its decision of establishing a Municipal Entity by 01 July 2016. Confirmation was given that all systems are ready within the City but then these would be put on hold until the consultation process referred to above is completed.

With regard to the functioning of the Intervention Team, confirmation was given that the processes are effective and that payments are made accordingly to the satisfaction of the parties concerned. It was advised that there are no deviations to the obligations since the Intervention Team was put in place as an order of court. Therefore, any deviations by any party would have to be taken to court for a ruling.


Given the developments thus a delay in establishing the Municipal entity, further engagements would be held with Labour and staff of the current transport operator to explain the situation and reaffirm the City's commitment to move towards the direction of the entity pending the finalisation of the processes with the other parties.

In conclusion, an appeal was made to the Media to report factually on this matter thus avoiding inciting protest from the staff members of the current transport operator.This item was WITHDRAWN on the basis that the meetings that were supposed to have been held between the MEC for transport and the new Premier of KwaZulu-Natal had not taken place and for the newly appointed Executive Committee and Council of the eThekwini Municipality to be apprised on the matter.

_______________

7. FIRST REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON THURSDAY, 2016-09-20

7.1 APPOINTMENT OF CHAIRPERSONS OF PORTFOLIO COMMITTEES. (3/2/2)

The eThekwini Municipal Council at its Special meeting held on 13 September 2016 resolved to establish the following Portfolio Committees, in line with the requirements of Section 80 of the Local Government: Municipal Structures Act:

7.1.1 Community Services7.1.2 Economic Development and Planning7.1.3 Governance and Human Resources7.1.4 Human Settlements and Infrastructure7.1.5 Security and Emergency Services

Section 80(3)(a) of the Municipal Structures Act makes provision for the Executive Committee to appoint a Chairperson of each Committee from the Executive Committee.

The Executive Committee convened its Inaugural meeting on 20 September 2016 to appoint Chairpersons of Portfolio Committees. Her Worship the Mayor initiated the appointment process and explained the manner in which this would be undertaken.

With the process having been followed accordingly, the Chairpersons of Committees were appointed, their appointment was unanimously supported by the Committee and they also accepted being entrusted with a leadership role at a Committee level.

Therefore,


That Council notes that the following Executive Committee members were unanimously appointed to serve as Chairpersons of the Portfolio Committees as per the requirement in terms of Section 80(3)(a) of the Local Government: Municipal Structures Act No. 117 of 1998:-


No. Portfolio Committee Chairperson

1. Community Services Councillor ZR Sokhabase

2. Economic Development & Planning Councillor SA Kaunda

3. Governance & Human Resources Councillor BA Fortein

4. Human Settlements & Infrastructure Councillor MM Mthembu

5. Security & Emergency Services Councillor F Peer

NOTED.

7.2 INAUGURAL PORTFOLIO COMMITTEE MEETINGS (3/4/1)

The Executive Committee delegates some of its powers and duties to the Portfolio Committees. Section 80(3)(c) and (d) stipulates that the Executive Committee is not divested of the responsibility concerning the exercise of the power or the performance of the duty and may vary or revoke any decision taken by a Committee, subject to any vested right.

It is therefore important for the Portfolio Committees to convene the inaugural meetings in preparation to exercise duties and responsibilities delegated by the Executive Committee. During discussion, it was agreed to convene the Inaugural Portfolio Committee meetings on 11, 12 and 13 October 2016.


7.2.1 That Council notes that the Inaugural meetings of the Portfolio Committees established by Council will be convened on 11, 12 and 13 October 2016.

7.2.2 That the Inaugural meetings will deal with the appointment of Deputy Chairpersons of the Portfolio Committees and the induction on the overall functioning of the Committees including budget and related matters; guiding legislation and policies as well as the reporting lines thereof.Recommendation 7.2.1 NOTED and Recommendation 7.2.2 ADOPTED.

8. SECOND REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON WEDNESDAY, 2016-09-21

8.1 REQUEST TO UTILISE SECTION 116(3) (a) AND (b) OF THE SUPPLY CHAIN MANAGEMENT REGULATIONS FOR THE CLEARANCE AND ERADICATION OF VEGETATION IN CLOSE PROXIMITY TO LV AND MV OVERHEAD LINES AND SUBSTATIONS UP TO AND INCLUDING 11000 V DURING A TWENTY FOUR MONTH PERIOD – E9109 (27/2/R)

(Page 17)

Authority is sought to approve and allocate an additional amount of R3 600 000.00 (Three Million Six Hundred Thousand Rand) to cover an increase in costs under Contract E9109 as a result of Contract Price Adjustment (CPA). Service contracts are subject to price adjustments after a period of twelve months and a CPA of 15% is applicable on the current contract price of R23 933 334 (Twenty Three Million Nine Hundred and Thirty Three Thousand Three Hundred and Thirty Four Rand). The Executive Committee supports this increase in contract authority since this is a CPA requirement and forms part of the conditions of Contract E9109.


Meanwhile, Her Worship the Mayor spoke on the importance of putting mechanisms in place for the small contractors to benefit from contracts awarded by the City to respond to job creation. Constructive engagements will be held with a view to achieving tangible results on job creation strategies.

With regard to CPA increase,


8.1.1 That, in terms of Section 116(3) (a) and (b) of the Municipal Finance Management Act, authority be granted for the Deputy City Manager: Trading Services to increase contract authority of R23 933 334.00 (Twenty Three Million Nine Hundred and Thirty Three Thousand Three Hundred and Thirty Four Rand) by R3 600 000.00 (Three Million Six Hundred Thousand Rand) to arrive at the total contract authority of R27 533 334.00 (Twenty Seven Million Five Hundred and Thirty Three Thousand Three Hundred and Thirty Four Rand) under Contract E-9109 for the clearance and eradication of vegetation in close proximity to LV and MV overhead lines and substations up to and including 11000 V due to the following reason:-

8.1.1.1 Contract E-9109 is subject to Contract Price Adjustment after a period of 12 months and this was part of the condition of this contract at the bidding stage, hence a CPA of 15% is applicable which equals to R3 600 000.00.

8.1.2 That subject to the adoption of .1 above, a public notice be advertised in the relevant print media requesting comments and/or objections to the proposed increase in contract authority under Contract E9109, as per the requirements in terms of Section 116 (3) of the Municipal Finance Management Act.The heading was AMENDED in the first and second lines thereof by the deletion of the words “Supply Chain Management Regulations” and by the substitution therefor of the words “Municipal Finance Management Act”, and thereafter ADOPTED.

8.2 REQUEST FOR AUTHORITY FOR ETHEKWINI DELEGATION TO PARTICIPATE IN UNITED CITIES AND LOCAL GOVERNMENT WORLD SUMMIT OF LOCAL AND REGIONAL LEADERS IN BOGOTA, COLUMBIA, 12-15 OCTOBER 2016 AND IN HABITAT III: 17-20 OCTOBER 2016 IN QUITO, ECUADOR (14/1)

(Page 19)

The report before the Executive Committee was amended to include a request for a delegation to represent the City of eThekwini at the United Cities and Local Government (UCLG) Summit in Bogota from 12 to 15 October 2016. The City of eThekwini is affiliated to UCLG which is the association of cities and towns in the world for local government to have a voice at a global level. UCLG Agenda is driven at a political leadership level, hence the importance of Her Worship the Mayor or her nominee to attend the Summit. One of the key Agenda items at the UCLG Summit is the appointment of new UCLG office bearers and the vote of Her Worship the Mayor is important in this regard.


Two officials will also attend the Summit and their travel costs will be borne by UCLG in view of the strategic role they played including chairing the UCLG Urban Strategic Planning Committee and being the author of Policy Framework. The UCLG and Habitat III will be held back to back, with the latter taking place from 17 to 20 October 2016 in Quito, Ecuador.

Habitat III speaks to sustainable goals 2030 and it is important for the Council in its 5-year term of office to incorporate Habitat III resolutions in its activities. Habitat III impacts on a number of Units but given consideration of costs and other service delivery imperatives the leadership took a decision to reduce the delegation on the understanding that information will be shared to ensure the Habitat III outcomes are implemented by the relevant Units. The costs of the two other officials to participate in Habitat III will be borne by the African Forum for Urban Safety (AFUS) with the City of eThekwini being the AFUS Secretariat. It should be noted that the UCLG outcomes will inform negotiations at Habitat III. Therefore, these two eventsare interrelated.

The participation of the Chairperson of the Human Settlements and Infrastructure Committee at Habitat III is considered important to understand the concept of the Urban Agenda and related matters. Other officials to participate will provide technical support and subsequently drive the implementation of outcomes taken in Bogota and Quito.

Notwithstanding the explanation given, in particular, on the significance of the participation by a Councillor from the Human Settlements and Infrastructure Committee, the Democratic Alliance discouraged the approach of accompanying Her Worship the Mayor either by a large delegation of officials or the Chairpersons of Portfolio Committees on the basis that public funds should be directed to the key priority needs of the local communities.

The Democratic Alliance was therefore not in support of the recommendation of a Councillor to participate in Habitat III other than Her Worship the Mayor whom they felt she should take overall responsibility to represent the City at a political leadership level. With the other Parties having a contrary view, the matter was accordingly put to the vote. Three (3) members of the Democratic Alliance voted against, with five (5) members of the African National Congress and One (1) member of the Inkatha Freedom Party voting for the recommendation.Therefore, by the majority vote,


8.2.1 That authority be granted for Her Worship the Mayor, Councillor ZRT Gumede or her nominee and two senior officials to travel and participate at the United Cities Local Government World Summit scheduled to take place from 12 to 15 October 2016 in Bogota, Columbia, it being recorded that the costs of officials will be borne by the United Cities and Local Government.

8.2.2 That Council notes that UCLG is aimed at providing the opportunity for local government leaders as a collective to determine a negotiation position for local and regional authorities.


Financial implications:-

Delegate Accommodation Flights Subsistence & Travel Allowance

Vote

Her Worship the Mayor/Nominee

R21 000.00 R15 000.00 As per Policy 24511.MRC01.22005.0000.

12120.00010

2x Officials - - As per Policy

8.2.3 That authority be granted for Her Worship the Mayor, Councillor ZRT Gumede, the Chairperson of the Human Settlements and Infrastructure Committee, Councillor MM Mthembu, City Manager, Deputy Head: Mayor’s Parlour, Unit Head: Safer Cities & iTrump, Head: Human Settlements and the Senior Manager: Long Term Planning to travel and participate at the Habitat III scheduled to take place from 17 to 20 October 2016 in Quito, Ecuador, with Her Worship the Mayor, in her capacity as the Chairperson and Secretariat of African Forum for Urban Safety and Co-Chair of Global Network on Safer Cities to deliver on the following:-

(i) Presenting the Municipal Safer Cities Programme which will be showcased as an illustrative example on how Local Government has taken active lead in crime prevention despite the fact that no funding has been given by Provincial and National Government.

(ii) Leading and chairing focus discussions on Safety and Crime Prevention during the concurrent sessions and prepare recommendations for incorporation into Habitat III resolutions.

(iii) Leading the drafting of input and recommendations to Habitat III resolutions on how cities intend to leverage New Urban Agenda and Sustainable Development Goals (SDGs) especially SDGs 11 (safer cities), 3 (traffic safety and drugs), 5 (sexual violence and other forms of violence against women) and 16 (violence and homicide) as adopted during October 2015, UN Assembly, to advance development within local government.

(iv) Making input and lobby in support of Africa position in terms of local government programmes which will be delivered by National Minister for Human Settlement who is a leader of African Delegation and African Habitat III Leader.

Financial Implications:Flights and Accommodation Estimates: R38 000.00 per person.

Vote No.: 24511.MRC01.22005.0000.12120.00010ADOPTED, by the majority vote.


8.3 C40 CITIES CLIMATE LEADERSHIP GROUP: RECLASSIFICATION OF ETHEKWINI MUNICIPALITY (32/2/2)

(Page 54)


8.3.1 That Council notes the change in status for eThekwini Municipality which was accepted as a C40 City, a network of large cities from around the world that are actively engaged with climate change response initiatives, and previously classified as an "Innovator City" for innovation and leadership in addressing climate change but has now been reclassified from Innovator City to Megacity status which is informed by urban agglomeration of 3 million or more by 2030 which utilizes a single robust data source.

8.3.2 That Council notes that under the status of Megacity Her Worship the Mayor is now eligible for a position on the Steering Committee and is also eligible to become the Chair of C40.NOTED.

8.4 MONTHLY REPORT ON INVESTMENTS: MAY - AUGUST 2016 (7/11/4)

(Page 61)


That the report on investments by the City as at 31 May 2016 to 31 August 2016, submitted by the City Manager in line with the requirements of the Municipal Cash Management and Investment Regulations of the Municipal Finance ManagementAct 2003, be noted.NOTED.

8.5 BUDGET PREPARATION PROCESS 2017/18 - 2019/20: SCHEDULE OF KEY DEADLINES (7/1/2/1)

(Page 79)

In line with the requirements of Section 21 of the Municipal Finance Management Act No. 56 of 2003, Her Worship the Mayor must at least 10 months before the start of the budget year table in the Municipal Council a time schedule outlining key deadlines for the following:-

(i) Preparation, tabling and approval of the Annual Budget.(ii) Annual Review, tabling and adoption of any amendments to the Integrated

Development Plan and Budget related Policies.(iii) Any consultative processes forming part of the processes referred to in (i)

and (ii) above.

The schedule attached to the report by the City Manager dated 2016-09-16 will inform submissions to the Executive Committee and Council on budget and related matters. Given that some of the dates have passed, Her Worship the Mayor requested that the schedule be updated accordingly and this will also address the view submitted that public consultation is key to the budget process hence the need to review dates accordingly.


Thereafter,


8.5.1 That Council notes the schedule of key deadlines in respect of the budget preparation and associated processes, including the Integrated Development Plan, Service Delivery and Budget Implementation Plan, Performance Management and the Annual Report processes for the 2017/18 - 2019/20 financial years subject to reviewing certain dates contained therein.

8.5.2 That Council condones the non-compliance with the legislated timeframes for the submission of a schedule of key deadlines for the budget preparation process due to Council term of office only commenced on 23 August 2016.Recommendation 5.1 NOTED and Recommendation 5.2 ADOPTED.

8.6 REQUEST FOR SUPPORT TOWARDS THE 2016 UMKHOSI WELEMBE EVENT (12/9/8)

(Page L1)

The Department of Arts and Culture on behalf of His Majesty the King and the KwaZulu-Natal Provincial Government is co-ordinating Umkhosi weLembe to take place on 24 September 2016. This year's commemoration is big since the year 2016 marks the 200 years after Inkosi Shaka kaSenzangakhona unified the Zulu Nation. The logistics therefore warrant intergovernmental relations for the event to become a success. The City of eThekwini is requested to mainly contribute towards venue hire and catering for 2000 guests. The intention is to use the Moses Mabhida Stadium.

The significance of the event is acknowledged but that the costs breakdown should be given for record purposes. All participants irrespective of race are encouraged to wear Zulu traditional attire. Parties are discouraged from wearing political party regalia during this event.

Accordingly,


8.6.1 That eThekwini Municipality appreciates the identification of the City of eThekwini as the host venue for Umkhosi weLembe to be held on 24 September 2016 as part of commemorating the 200 years after Inkosi Shaka kaSenzangakhona unified the Zulu Nation.

8.6.2 That eThekwini Municipality supports Umkhosi weLembe by hiring the Moses Mabhida Stadium and providing catering for 2000 guests, it being recorded that the costs thereof will be submitted at the Council meeting of 28 September 2016.The City Manager provided information in respect of the costs for the above-mentioned event as follows:-- Hire of Moses Mabhida Stadium which included parking, security,

medical, cleaning, toilets, fencing and catering : R1 503 694-62.- Hire of 250 buses : R836 486- Communication and Marketing : R37 000

Total Cost : R2 377 180-62 BU 34552 Project 53500-51 Item Sub Region 0010 Fund 12120 Costing 0000.ADOPTED.


9. THIRD REPORT OF THE EXECUTIVE COMMITTEE : SPECIAL MEETING HELD ON TUESDAY, 2016-09-27

9.1 FINAL ADJUSTMENTS BUDGET 2015/2016 (7/1/2/2)

(Letter dated 2016-09-26 Circulated separately)

It was noted that the Adjustments Budget had been deferred from the previous meeting to enable members of the Executive Committee to peruse the document and provide input if necessary. An explanation was given that Section 28 of the Municipal Finance Management Act made provision for the revision of an approved annual budget via the Adjustments Budget to enable the re-allocation of resources to maximize spending in respect of the Capital Budget. The report took into account adjustments in respect of grant funding allocations to the Municipality, additional roll-overs of unspent grants from the previous financial year and re-arrangement of the working relationship between SAAMBR, DMTP and the City’s SAAMBR grant. Committee was requested to further take cognizance that the Municipal Finance Management Act required for the matter to be finalised within 60 days of the end of the Financial Year.

The City Manager and Deputy City Manager: Finance provided clarity in respect of inter alia, the following issues:

Maximum provision of security during the recent elections dictated that the services of Metro Police be introduced in addition to the previous security for protection of Councillors.

The delay in the finalisation of sale of land/property was due to detailed processes having to be followed, including that of socio economic challenges.

The Durban Soccer Academy project was still underway and the process of consulting relevant stakeholders had not been finalized.

Data migration through the Revenue Management System (RMS) that had been recently introduced, was proving to be successful. Minimum challenges were expected and the Unit was willing to address any concerns brought to their attention by those affected.

With members of Democratic Alliance abstaining from voting on the basis of the matter being discussed at their Party Caucus in the first instance,


9.1.1 That in accordance with the provisions of Section 28 of the Municipal Finance Management Act and in compliance with the Municipal Budget and Reporting Regulations, the additional adjustments to the 2015/2016 Budget as reflected in of the report of the City Manager dated 2016-09-16, be retrospectively approved, together with the budget tables, it being recorded that further input, if any, will be presented for Council to thereafter give final adoption.

9.1.2 That the Adjustment Budgets of the Municipal Entities reflected in the report of the City Manager dated 2016-09-16, be noted in compliance with Section 87 of the Municipal Finance Management Act. Item DEFERRED to a Special Meeting of the Council on a date to be advised to enable all Councillors to receive copies of the Final Adjustments Budget.


9.2 BUDGET STATEMENT REPORT FOR THE MONTH ENDED 31 JULY 2016 (7/1/4)

(Letter dated 2016-09-26 Circulated separately)


That the Budget Statement Report for the month ending 2016-07-31, submitted by City Manager as per his report dated 2016-08-10, in compliance with Section 71 of the Municipal Finance Management Act and in terms of Government Notice 32141 dated 17 April 2009, relating to the “Local Government: Municipal Finance Management Act 2003, be noted.NOTED.

9.3 NOTING OF RULE OF ORDER 28: REQUEST FOR FINANCIAL ASSISTANCE TOWARDS THE FUNERAL COSTS OF A DROWNING CHILD VICTIM: WARD 58 (13/6)

(Page 12)


That in view of Council being on recess, the approval given by the His Worship the Mayor in terms of Rule of Order 28, for the request of financial assistance received from the Ward 58 Councillor in respect of funeral cost of R15 000 -00 of a male minor, Mr. Mthokozisi Ndlovu Identity Number 080802 5950 086, who tragically drowned on Saturday 2016-06-18 at Riyaad Area, Waterloo in Ward 58, be noted.

Vote: 14001.04540; R15 000.00NOTED.

9.4 NOTING OF RULE OF ORDER 28: REQUEST FOR BURIAL ASSISTANCE FOR 8 FATALITIES DURING THE FIRE INCIDENT AT LAKEHAVEN/ZAMANI CHILD & YOUTH CARE CENTRE (13/6)

(Page 15)


That in view of Council being on recess, the authority granted by His Worship the Mayor in terms of Rule of Order 28, for the cost of the funerals of 8 (eight) victims who perished during the fire incident at the Lake Haven/Zamani Child and Youth Care Centre, at R15 000-00 per family, be noted.

Cost implications:Cost per Family No. of Families Total Cost

R15 000.00 08 R120 000.00

Vote Number:BU ITEM FUND COSTING PROECT REGION

32601 9110.10 12120 0000 MRC01 0010

NOTED.


9.5 CLOSURE OF CEMETERIES THAT HAVE REACHED FULL CAPACITY WITHIN THE ETHEKWINI MUNICIPAL AREA (31/8/6/1/13)

(Page 19)

Having noted that the report was not in terms of Rule of Order 28 as indicated, and the heading having being amended accordingly,


That Council notes and mandates the Community Services Committee to consider the issue relative to closure of cemeteries that have reached full capacity within the eThekwini Municipal area and report to the Executive Committee and Council thereon.ADOPTED.

9.6 NOTING OF RULE OF ORDER 28: REQUEST FOR FINANCIAL ASSISTANCE TOWARDS THE BURIAL OF THE LATE PROMINENT BUSINESSMAN, MR. DON MKHWANAZI (13/6)

(Page 22)

It having been clarified that a Civic Funeral Policy was in place and this request had been applied in terms of such policy, and with some Executive Committee Members expressing their concern that a breakdown of costs had not been provided,


That in view of Council being on recess, and in line with the requirements of the Civic Funeral Policy, the authority granted by His Worship the Mayor in terms of Rule of Order 28, to provide financial assistance for the funeral of the late Mr. Don Mkhwanazi, a prominent business man who played a critical role in the pursuit of black economic empowerment and the struggle for the de-racialisation of the ownership and control of the South African economy, be noted.

Funding Source:

BU No. Item Fund

32601 22710.30 Hire of Venue 12120

32601 11760 Stage and Sound Crew 12120



9.7 NOTING OF RULE OF ORDER 28: HOSTING OF 2016 INTERNATIONAL AIDS CONFERENCE (30/1/10/4)

(Page 24)


That in view of Council being on recess, the authority granted by His Worship the Mayor to the following recommendations in terms of Rule of Order 28 in respect of the 2016 International Aids Conference, be noted:

9.7.1 That the progress of the eThekwini Municipality’s planning role in the AIDS 2016 Conference be noted and additional support related programmes be approved.

9.7.2 That the new National Department of Health (NDOH) requests and related programmes as detailed in the report of Deputy City Manager: Community and Emergency Services dated 2016-06-23 be approved.

9.7.3 That the additional expenditure requests as detailed in the report of Deputy City Manager: Community and Emergency Services dated 2016-06-23 be approved.NOTED.

8. MAJOR HAZARD INSTALLATION: TOTALGAZ DEPOT, LOGRA INDUSTRIAL PARK, 40 HARRISON FLATS, OLD MAIN ROAD, CATO RIDGE, DURBAN, KZN (29/1/2/5)

(Page 33)


That the Council concurs with the conclusion of the MHI Technical Task Team that there is no valid reason to advise against the erection of a new Major Hazard Installation at Totalgaz Depot, Logra Industrial Park, 40 Harrison Flats, Old Main Road, Cato Ridge, Durban.ADOPTED.

9. MAJOR HAZARD INSTALLATION: FERRO COATING RESINS, 4 BALTEX ROAD, ISIPINGO RAIL, DURBAN, KZN (29/1/2/5)

(Page 35)


That the Council concurs with the conclusion of the MHI Technical Task Team that there is no valid reason to advise against the proposed increase in peroxide inventory, installation of three (3) new tanks and installation of new acrylic reactor of an existing Major Hazard Installation Ferro Coating Resins, 4 Baltex Road, Isipingo Rail, Durban.ADOPTED.


9.10 ETHEKWINI MUNICIPALITY CLOSE OUT REPORT 2011-2016 (3/2/1)

(Page 37)

The Executive Committee considered a report by the City Manager in the above regard, the purpose of which was for the newly elected Council to note the issues that the previous Council had been dealing with which would require further deliberation by the various Committees of this newly elected Council.In that regard,


That the close-out report of the City Manager dated 2016-07-31 be noted on the basis that matters raised therein be referred to the Executive Committee to process and where necessary the Executive Committee to refer certain issues to portfolio committees for further deliberation.NOTED.

9.11 ESTABLISHMENT OF WARD COMMITTEES 2016-2021 (3/5/1)

(Page 97)


9.11.1 That the eThekwini Municipal Council grants authority for the establishment of Ward Committees for the Council term 2016-2021.

9.11.2 That the existing Rules Regulating the Establishment and Operation of Ward Committees as approved by eThekwini Council in 20 June 2012, be utilised for the establishment of Ward Committees 2016-2021.

9.11.3 That Council approves the proposed duties of the Secretary of the Ward Committee;

9.11.4 That the eThekwini Municipal Ward Committee elections be held in 1 day in all the 110 wards of eThekwini Municipality, in October and/or November 2016.

9.11.5 That authority be granted to the City Manager to enter into a Memorandum of Understanding (MOU) with the Independent Electoral Commission (IEC) in order to conduct the election of the Ward Committees within eThekwini Municipality.

9.11.6 That eThekwini Municipal Council grants authority to pay all elected Ward Committee Members a monthly out of pocket expense of R1000.00, which is in line with the Minister: Cooperative Governance and Traditional Affairs’ gazetted National Framework Criteria for determining out of pocket expenses for ward committees.

Vote Number:-

32123 20500 12120 0000 87200 0010 12 000 000ADOPTED.


10. REPORT FROM SPEAKER TUESDAY, 27 SEPTEMBER 2016

On 2016-08-23, Council established and appointed the following Councillors to serve on the Municipal Public Accounts Committee (MPAC), with Councillor TJ Luthuli as its Chairperson:-

Councillor TJ Luthuli (ANC)Councillor CB Dlamini (ANC)Councillor P Luthuli (ANC)Councillor AB Ndlovu (ANC)Councillor SJM Nhlapho (ANC)Councillor MC Shezi (ANC)Councillor A Beetge (DA)Councillor TP Collins (DA)Councillor TM Mthethwa (DA)Councillor NB Iyir (IFP)Councillor LC Mnguni (EFF)

The African National Congress wishes to amend its representation by replacing Councillor SJM Nhlapho with Councillor Z Mnguni and Councillor AB Ndlovu with Councillor N Sibiya respectively.

It is

RESOLVED TO RECOMMEND:

That the composition of the MPAC be amended by the inclusion of Councillor Z Mnguni and Councillor N Sibiya replacing Councillor SJ Nhlapho and Councillor AB Ndlovu respectively.

11. NOTICES OF MOTION

11.1 Regular Litter Clean-Ups of the Umgeni River Mouth and Durban Harbour : Proposer : Councillor S Ryley and Seconder : Councillor B Singh (24/4 R)

The above-mentioned Notice of Motion was, by the majority vote, NOT ADOPTED.

11.2 Purchase of new Mayoral Fleet : Proposer Councillor ZM Mncwango and Seconder : Councillor HU De Boer (8/3/1/6)

As Councillor ZM Mncwango was not present for this item and the motion was accordingly NOT MOVED, the Notice of Motion LAPSED.

11.3 Rain Water Harvesting : Proposer Councillor GDA Pullan and Seconder : Councillor GM Noyce

The above-mentioned Notice of Motion was, by the majority vote, NOT ADOPTED.


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

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

COUNCILLORS

Councillor MN Bhengu : 2016-09-27 to 28 (Personal Commitments)Councillor SS Butelezi : 2016-09-27 to 28 (Municipal Business)Councillor N Dlamini : 2016-09-26 to 28 (Municipal Business)Councillor NC Gumede : 2016-09-28 (Indisposed)Councillor NP Hlomuka : 2016-09-26 to 28(Municipal Business)Councillor ES Khanyile : 2016-09-27 to 28 (Personal Commitments)Councillor RD Macpherson : 2016-09-19 to 10-04 (Overseas Trip)Councillor Z Mkhize : 2016-09-28 (Indisposed)Councillor ZM Mncwango : Request to leave at 13:30Councillor SB Mngadi : Request to leave at 14:30Councillor LC Mnguni : Request to leave at 12:00Councillor ON Mthembu : 2016-09-28 (Indisposed)Councillor MK Ndzimbomvu: 2016-09-26 to 28 (Municipal Business)Councillor M Nkosi : Request to leave at 15:00Councillor SC Ntshangase : 2016 09-26 to 28 (Municipal Business)Councillor GM Noyce : Request to leave at 14:00Councillor KR Pillay : Request to leave at 13:00Councillor BP Phungula : 2016-09-27 to 10-06 (Personal Commitments)Councillor V Shezi : 2016-09-28 (Personal Commitments)Councillor PS Sishange : 2016-09-26 to 28 (Municipal Business0Councillor WM Thring : 2016-09-28 (Personal Commitments)

AMAKHOSI

Inkosi Bhengu : 2016-09-28 (Municipal Business)Inkosi LD Mkhize : 2016-09-28 (Municipal Business)

City Administration: Secretariat04 October 2016

Date post:	31-Jan-2018
Category:	Documents
Upload:	phamnga
View:	228 times
Download:	2 times

Council Desicions - Meeting held 2016-09-28 - Durban Minutes and D… · Web viewKindly note that...

Documents