Minutes and... · Web viewML(2020-06-04)(SAM)[CHALL-182519]2020-06-08. COUNCIL DECISION CIRCULAR...

ML(2020-06-04)(SAM)[CHALL-182519] 2020-06-08

COUNCIL DECISION CIRCULAR : MEETING HELD ON 2020-06-04

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2020-06-04.

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 - 2020-06-04)

1. FIRST REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2020-03-17

_____________

1. REQUEST FOR AMENDMENT TO COUNCIL RESOLUTION: HAMMARSDALE HIGH LEVEL RESERVOIR INLET: CONSTRUCTION OF 140m of 500mm STEEL INLET MAIN: WARD 103 (23/1/11/3/1)

(Page 44)

Having noted that in future the previous council resolutions should be attached in all request for amendment reports;

COMMITTEE RECOMMENDS:

1.1 That the following Council resolution dated 29th May 2019, related to the request for authority to be granted to the Head: Real Estate to acquire by means of Private Treaty, Acquisition and or Expropriation of the Land/Servitudes required for the Hammarsdale High Level Reservoir Inlet: Construction of 500mm Ø 1440m Long Steel Inlet Main, be amended:

“1.7.1 That for the reasons stated in the report by the Head: Water and Sanitation dated 2018-12-14, the Head: Real Estate be authorized to proceed with the acquisition/expropriation for the required servitudes as listed in the table below:

Description Hand Plan No.

Rem of Erf 3 Cliffdale SJ 4765/7

1.2 That the for the reasons stated in the report by the Head: Water and Sanitation dated 2018-12-14, the Head: Real Estate be authorized to proceed with the acquisition/expropriation for the required servitudes as listed in the table below:

Description Hand Plan No.

Rem of Erf 2 Cliffdale SJ 4765/7

1.3 That subject to the adoption of .1 above, the Head: Real Estate be authorized to deviate from the Supply Chain Management Regulations and negotiate for the acquisitions of the Municipality’s requirements, utilizing Regulation 36(1)(a)(ii) of the Supply Chain Management Regulations.

1.4 That subject to the adoption of .2 above, and the approval of the Bid Adjudication Committee pursuant to successful negotiations, the Head: Real Estate be authorized to sign the relevant agreements and all documents necessary to effect transfer of the Municipality’s requirements; and


1.5 That the City Manager records the reasons for any deviations and reports it to the next meeting of Council and includes it as a note to the Annual Financial Statement in terms of Section 36(2) of the Supply Chain Management Regulations.ADOPTED.

2. UPDATE OF THE HOUSEHOLD COUNT AND INDIGENT HOUSEHOLD COUNT (22/7/1/1/5)

(Page 49)

Following a brief explanation, there was an enquiry about the methodology as there was not sufficient detail provided with regards to how the Municipality had arrived on the figure of 768 258 indigent household. It was mentioned that there were water and electricity losses previously reported which implied that not everyone was paying for services.

It was advised that the latest 2018 Stats SA survey will be used as reference point. Thereafter, the process of determining the indigent household becomes a responsibility of the Municipality. In this regard the latest indigent household count was undertaken using data from the Municipal Billing System, Geographic Information System and the Human Settlement Unit records.

On this basis,


2.1 That for the household count for the eThekwini Municipality to be updated to be (one million one hundred and fifty nine thousand two hundred and seventy two) 1 159 272 households from January 2020.

2.2 That to continue using this total household count figure, or any Statistics SA update figure, until a new total household count is determined and submitted to Council for approval.

2.3 That for the indigent household count for the eThekwini Municipality to be updated to be (seven hundred and sixty eight thousand two hundred and fifty eight) 768 258 indigent households from January 2020.

2.4 That to continue using this indigent household count until a new indigent household count is determined and submitted to Council for approval.

2.5 That for these figures to be uniformly used as the household count and indigent household count by all units in the Municipality.

2.6 That for the revised household count and indigent household count to be incorporated into the Integrated Development Plan (IDP) and the Service Delivery Budget Implementation Plan (SDBIP) for the 2019/20 financial year, in line with the relevant processes.ADOPTED.


3. AUTHORITY TO RENEW AN AGREEMENT TO SUPPORT THE AFRICAN WATER ASSOCIATION AS A MENTOR FOR THE IMPLEMENTATION OF THE RASOP-AFRICA PROJECT FROM 2019 TO 2022 (12/8/1)

(Page 54)

The meeting was informed that from 2013 to 2018 eThekwini Water and Sanitation (EWS) has been participating in the Water Operators Partnership (funded by UN Habitat) and Reinforcing African Sanitation Operators Partnership (RASOP) program as a mentor to the mentee cities of Lusaka-Zambia, Kampala-Uganda Loliongwe-Malawi and Bulawayo-Zimbabwe.

Management thereafter requested an authority to renew an agreement for a continued participation in the process of supporting as a mentor for the implementation of the RASOP and Water Operators Partnership project for the next phase of the program (2019 to 2022).

Following confirmation that there were no financial implication and the legal processes pertaining to the agreement will be undertaken;


3.1 That for the reasons set out in the report of the City Manager dated 2019-11-20, authority be granted to the Head: Water and Sanitation to enter into a Memorandum of Understanding with the African Water Association for:

3.1.1 eThekwini Water and Sanitation to support African Water Association (AFWA) as a mentor, for the implementation of Reinforcing African Sanitation Operators Partnership and Water Operators Partnership (RASOP/WOP) - Africa project in the chosen mentee cities.

3.1.2 The establishment of peer-to-peer learning partnerships between eThekwini Water and Sanitation and utilities/municipalities in mentee cities, in order to share the experience of eThekwini Water and Sanitation in the provision of on-site sanitation services and water management strategies in the city.ADOPTED.

4. REQUEST FOR FUNDS FOR THE PROVISION OF A CLOTHING ALLOWANCE FOR VIP PROTECTORS (8/1/13/1)

(Page 268)

In motivating the proposal, the Deputy City Manager reported that a benchmarking exercise was undertaken in order to ensure that the Unit adheres to best practices in the provision of this service.

In addition, the cost that were proposed are consistent with the VIP Protectors clothing allowance in other Municipalities. It was advised that once authority is granted, it will be made compulsory for VIP Protectors to be strictly formal at work.

The three (03) Democratic Alliance Members were not in support of the recommendations; with the other five (05) Members being in support;



4.1 That accordingly, and in order to regularize and ensure equity and fairness to all VIP Protectors regarding the payment of a clothing allowance that an amount of R1 200.00 (One Thousand Two Hundred Rand) per month be paid to all VIP Protectors with effect from 01 February 2020.

4.2 That authority be granted to the Head: Security Management to increase the clothing allowance of the fourteen (14) VIP Protectors that are currently receiving it, from R805.92 (Eight Hundred and Five Rand and Ninety Two Cents) per month to R1 200.00 (One Thousand Two Hundred Rand) per month.

4.3 That authority be granted to the Head: Security Management to provide a Clothing Allowance for the additional ninety five (95) V.I.P Protectors that are performing close body protection, in the amount of R1 200.00 (One Thousand Two Hundred Rand) per month with effect from 01 February 2020, so that they could be properly attired when performing their duties.

Financial Implications:Vote No.: 24425.13260

Financial year 2019/20: R478 064.00 - allocation be made via the 2019/20 adjustment Budget.Financial year 2020/21: R1 569 600.00 - provision to be made on 2020/21 Budget.

Additional funding of R478 064 will be required in the 2019/20 financial year. A request will be made through the adjustment Budget process for this amount.

Current Clothing allowance:

Table 1No of V.I.P Protectors Current Allowance per month

per memberTotal Monthly Allowance

Total Annual Allowance

14 R806.00 R11 284.00 R135 408.00

Proposed Clothing Allowance:Funds Required for the 2019/20 Financial Year

Table 2No of V.I.P Protectors

Current Allowance per month per

member

Proposed Allowance per

month

Difference between old and

new proposed allowance

Number of months

Funds required

14 R806.00 R1 200.00 R394 4 R 22 064.00

95 R1 200.00 4 R456 000.00

Total R478 064.00

Funds Required for the 2020/21 Financial Year:

Table 3No of V.I.P Protectors

Current Allowance

Allowance Per Month Number of Months

Allowance Per Annum

109 R1 200.00 R130 800.00 12 R1 569 600.00

ADOPTED, by the majority vote.


5. STATUS ON SOLAR WATER HEATER INSTALLATION PROJECTS (27/1/2/1/7)

(Page 351)

The Committee was provided with an update and progress on the solar water heater installation project rolled-out by the Department of Mineral Resources and Energy within the eThekwini Municipality.

The progress on the project was commended and thereafter;


5.1 That Council notes the progress and supports the processes outlined in the report of the City Manager dated 2020-03-13 for the installation of six thousands (6000) Solar Water Heaters.

5.2 That Council approves the amount of R1 413 872.64 (One Million Four Hundred and Thirteen Thousand Eight Hundred and Seventy Two Rand and Sixty Four Cents) Including VAT, to cover all necessary costs, to ensure implementation of the programme in eThekwini.

Financial Implications:

As mentioned in the report of the City Manager dated 2020-03-13, certain aspect of this programme has apportioned responsibilities to receiving Municipalities. In planning and preparing for the installation, various activities

ACTIVITY DESCRIPTION ESTIMATED COST

Storage Upgrade Camera maintenance R101 740.67

Security personnel increase R478 593.20 - Armed Security guards for 6 months

Building works R180 000.00

Lighting R30 000.00

Insurance (over the estimated period of 8 months)

Insurance imposed by the responsibility of storing the Units

R33 000.00

Ward Based Workshops Ward based training and inductions R71 560.00

Project Oversight Program Manager (via framework) R300 000.00

Contingency 20% Contingency R218 978.77

TOTAL R1 413 872.64

All Cost associated with the storage cost are internal departmental transfer cost from Human Settlements, Engineering and Transport Cluster to Architectural services and Real Estate.

Vote No.: 68001.10975.12120.0000.39500.0010 FC No.: 2020/68/015

ADOPTED.

_____________


2. SECOND REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2020-03-24

_____________

1. REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE MEETING HELD ON 2020-03-11

(Page R1)

1.1 Grant in Aid Ad-Hoc Application (7/14/1)(Page 61: Governance and Human Resources Committee - Agenda - 2020-03-11)

With the Members of the Democratic Alliance abstaining, the recommendations were by the majority vote, adopted.


1.1.1 That the applications for the Grant In Aid Ad-Hoc from the Inkululeko Yezwe and the Starlight Development Centre organizations for an amount of R161 450.00 (One Hundred and Sixty One Thousand Four Hundred and Fifty Rand) in total, be approved.

1.1.2 That subject to the approval of .1 above, authority be granted to the Head: Community Participation and Action Support to incur the expenditure as detailed below:


The Financial Implications will be as follows:

No Details Amount

1. Ad Hoc Grant to Inkululeko Yezwe NPC R105 650.00

2. Ad Hoc Grant to Starlight Development Centre R 56 800.00

TOTAL R161 450.00Budget provision has been made for request of this nature on:

Vote No.: 32301.25040.12120.0000.38870.0010 FC No.: 2020/06/40ADOPTED, by the majority vote.

1.2 Discretionary Grant from the Construction Sector Education and Training Authority (CETA) To Train 25 Apprentices (7/4/20)(Page 96: Governance and Human Resources Committee - Agenda - 2020-03-11)



1.2.1 That the Discretionary Grant funding of an amount of R4 125 000.00 (Four Million One Hundred and Twenty-Five Thousand Rand) received from the Construction Sector Education and Training Authority (CETA) to train 25 beneficiaries in Bricklaying Trade within eThekwini Municipality, be approved.


1.2.2 That subject to approval of 1. above, authority be granted to the Deputy City Manager: Corporate and Human Resources for the acceptance of the Discretionary Grant funding of an amount of R4 125 000.00 (Four Million One Hundred and Twenty-Five Thousand Rand) received from the Construction Sector Education and Training Authority (CETA).

1.2.3 That subject to the adoption of .1 and .2 above, authority be granted to the Chief Learning Officer to enter into agreement with the Construction Education and Training Authority and the procured professional training provider in order to deliver, monitor and report progress on the programme.ADOPTED.

1.3 K wamashu Engineering Training Centre Request for The Renewal of the Memorandum of Understanding with Coastal KZN TVET College for a Period of 36 Months (6/1)(Page 104: Governance and Human Resources Committee - Agenda - 2020-03-11)



1.3.1 That authority be granted to the City Manager to renew the existing Memorandum of Understanding with the Coastal KZN TVET College and eThekwini Municipality through eThekwini Municipal Academy in the delivery of the empowerment programmes viz; Air-conditioning and Refrigeration and Electronics in the KwaMashu Engineering Training Centre for a period of 36 (thirty-six) months.

1.3.2 That authority be granted to the eThekwini Municipal Academy: Chief Learning Officer to continue with the operations of the centre.

Financial Implications:The Total cost for the programme are as follows:

eThekwini Municipal Academy Coastal KZN TVET College

eThekwini Municipal Academy (EMA) Cost Per Month

Over 36 Months

Cost Per Month

Over 36 Months

Cleaning, Security and Maintenance Costs 53 199.92 1 915,197.12 40 000.00 1 444,000.00

General worker salary- grade 3(indirect cost) 8 399.93 302 397.48

Maintenance staff per month (ad hoc)- Indirect Cost

4 199.99 151 199.64

Security Monthly per month 40 600.00 1 461 600.00 40 000.00 1 444 000.00

Training Cost 66 000.00 2 376 000.00 115 750.00 5 220 000.00

Electronics Facilitator 25 000.00 900 000.00

Air Conditioning Facilitator 25 000.00 900 000.00

Maintenance of Equipment 5 000.00 180 000.00

Learner PPE (3X PPE over 36 months) 750.00 1 080 000.00

Stipend per month for 40 learners @ R1650 66 000.00 2 376 000.00

Stipend per month (40) for 40nleaners @ R1500

60 000.00 2 160 000.00

119 199.92 4 291 197.12 155 750.00 6 664 000.00

ADOPTED.

1.4 Call for Sundry Grant-In-Aid Applications 2020/2021 (7/14/1)


(L70: Governance and Human Resources Committee - Agenda - 2020-03-11)


1.4.1 That a call for applications for the Sundry Grant-In-Aid for 2020/2021 financial year to be opened from 1st of April 2020 to the 31st July 2020 from the registered organizations from the following sectors that meet the criteria as per the Grant-In-Aid Policy, be approved:

1.4.1.1 Early Childhood Development;1.4.1.2 Social Welfare;1.4.1.3 Sports, Culture and Recreation;1.4.1.4 Economic Development;1.4.1.5 Skills Development; and1.4.1.6 Faith Based Organisations (FBO’s) conducting work for the community

at large.

1.4.2 That it be noted that application forms will be made available from the 1st of April 2020 and can be obtained from Councillors Offices, any Regional / Sizakala Centre or from Grant In-Aid Offices situated at Room 311, Pinetown Civic Centre, 60 Kings Road, Pinetown.ADOPTED.

2. REPORT OF ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE MEETING HELD ON 2020-03-12

(Page R 5)

2.1 Township Development KwaNozaza Node Development (20/1/3/1).(Page 11: Economic Development and Planning Committee Agenda - 2020-03-12)

A site described as Erf 614 of Ntuzuma G has been identified as one with a high commercial development potential, and a portion thereof was sold for this purpose. The site was occupied by a number of illegal occupants, however, following a legal process, all occupants were legally evicted, and those undertaking community development projects, relocated to another part of the site and provided with temporary container offices.

One of the illegal occupants, a family could not be legally evicted as the court instructed the Municipality to provide alternate accommodation for the family.

Authority is therefore being sought for the allocation of Erf 1389 to the beneficiary family, who is currently occupying Council land, subject to the Head: Human Settlements undertaking all the necessary administrative processes.

Further to this, authority is therefore being sought for work to the value of R200 000.00 (Two Hundred Thousand Rand) to be executed on the aforementioned site for fencing, construction of a retaining wall and connection of municipal services, namely, water, electricity and sewer.


In view of the foregoing, it was


2.1.1 That progress within the Township Development KwaNozaza Node Development,be noted.

2.1.2 That the donation to be made in kind from the private sector for the relocation of a local family occupying municipal land and impending the construction of the municipal depot be noted.

2.1.3 That the allocation of ERF 1389 worth R65 000.00 (Sixty Five Thousand Rand) to the beneficiary family subject to the Head: Human Settlement undertaking all the necessary administrative processes, be approved.

2.1.4 That subject to 1.3 above, authority be granted to be executed on ERF 1389 at a value of R200 000 (Two Hundred Thousand Rand) relating to fencing, construction of a retaining wall and connection of services namely water, electricity and sewer.

Vote Number: 26101 45120 51080 S1111AZ1 W042 0000; FC No.: 2020/18/CA40ADOPTED.

2.2 Request for Approval to Host The 2020 Sustainable Living Exhibition/Seminar at the Durban Exhibition Centre in May 2020 and May 2021 (13/2/1/1/1).(Page 24: Economic Development and Planning Committee Agenda - 2020-03-12)

Authority is being sought to host the 2019/2020 Sustainable Living Exhibition (SLE) to take place in May 2020 (and 2021) at the Durban Exhibition Centre.

The SLE, which emanated as an outcome of the United Nations Framework Convention on Climate Change 17th Conference of the parties (COP 17), promotes initiative geared towards sustainable development, and provides a platform for people to meet based on common passion, sharing knowledge and information on sustainable practices that can be used now, in order to save the planet.

Having further noted that Climate Change is a risk which is acknowledged within the City’s Integrated Development Plan, and supported by the development of the Municipal Climate Protection Programme, it was


2.2.1 That the hosting of the 2020 Sustainable Living Exhibition in May 2020 (and again in 2021) at the estimated cost of R2,200 000 (Two Million Two Hundred Thousand Rand), be approved

2.2.2 That the partnership between the Environmental Planning and Climate Protection Department and the Durban ICC Commercials Department to stage the SLE with the career Expo and the Youth Employability Indaba in 2020 be approved.

Vote Nos : 26440.17805.12120 0000. 49300.0010 (EPCPD budget) and 0205.11455.12120.0000.53500.32.0010 (amongst others)(Operational Cost, Advertising, Publicity and Marketing, Corporate and Municipal Activities)Recommendations were AMENDED as follows:

2.2.1 That the hosting of the 2021 Sustainable Living Exhibition in May 2021 at the estimated cost of R1,100 000 (One Million One Hundred Thousand Rand), be approved.


2.2.2 That the partnership between the Environmental Planning and Climate Protection Department and the Durban ICC Commercials Department to stage the SLE with the career Expo and the Youth Employability Indaba in 2020 be approved.

Vote Nos : 26440.17805.12120 0000. 49300.0010 (EPCPD budget) and 0205.11455.12120.0000.53500.32.0010 (amongst others)(Operational Cost, Advertising, Publicity and Marketing, Corporate and Municipal Activities)

and, thereafter ADOPTED.

2.3 Tongaat Town Centre Development (20/1/3/1)(Page 136 of Supplementary Agenda)

Authority is being sought for the Head: Economic Development and Planning to facilitate the development of oThongathi Mall within the Tongaat Town Centre, and accordingly, project authority for infrastructure development.

The strategic objective of the renewal program is to repair, upgrade, beautify and rationalise functionality and form of secondary town centres, with a view to attracting investment and promoting economic development through urban renewal of nodes and corridors by being actively involved in the implementation of development projects, in order to contribute towards the rationalisation of Plan 2 of the Integrated Development Plan.

Having noted the foregoing, it was


2.3.1 That the Head: Economic Development be mandated to facilitate the development of oThongathi Mall Development.

2.3.2 That subject to .1 above, project authority be granted to the Head: Economic Development to invest R9.05 Million Rands (VAT excluded) towards the upgrade of the Gopalall Hurban road infrastructure.

2.3.3 That subject to .2 above, the Head: Economic Development be authorised to reprioritise the capital budget to accommodate the required infrastructure project for the Development of uTongaat Town Centre.

This project of upgrading Gopalall Hurban Road is estimated cost of R9 050 000.00 to be funded from the Economic Development Capital Projects budget to be provided for in 2020/21 financial year and 2021/22 financial year

BUDGET TABLE

Project Number Project Name Amount Financial YearTongaat Town Centre Renewal R6 000 000.00 2020/21 Financial YearTongaat Town Centre Renewal R3 050 000.00 2021/22 Financial Year

ADOPTED.


3. REPORT OF THE COMMUNITY SERVICES COMMITTEE MEETING HELD ON 2020-03-12

(Page R13)

3.1 Request for Approval/Support: SALGA Games: Amajuba District Municipality – 03 to 07 December 2020 (Page 15: Community Services Committee – Agenda 2020-03-12)

The Committee Members were in agreement at the Support Committee Level.

At the Executive Committee Level, three (03) Democratic Alliance Members voted against the matter; and the majority being in agreement;


3.1.1 That authority be granted to the Head: Parks, Recreation and Culture to coordinate the eThekwini Games scheduled to take place from 01 April 2020 to 30 July 2020 and the selection process of the eThekwini team to participate in the 2020 SALGA Games to be hosted by Amajuba District Municipality from 03 to 07 December 2020.

3.1.2 That subject to the adoption of .1 above, authority be granted to the Head: Parks, Recreation and Culture to incur expenditure in the amount of R9 711 630.00 (Nine Million Seven Hundred and Eleven Thousand Six Hundred and Thirty Rand) to go towards the logistics and coordination of the eThekwini Games and the 2020 SALGA Games.

3.1.3 That subject to the approval of .1 and .2 above, all procurement of goods and services be undertaken strictly in accordance with the Supply Chain Management Policy and the Municipal Finance Management Act, 2003, Circular 97 regarding Cost Containment Measures and the National Treasury Regulations 2019.

That a close-out report on the 2019 SALGA Games be submitted to the next Committee meeting.


Category Estimated Amount (R)Selection of Players from Ward Level R2 300 000.00SALGA Accommodation R2 276 050.00SALGA Transport R 850 000.00SALGA Catering R 900 000.00SALGA Clothing R2 000 000.00SALGA Games Preparations R 900 000.00SALGA Contingencies R 485 550.00TOTAL AMOUNT R9 711 630.00

An amount of R8 324 130.00 for logistics plus R1 387 500.00 for team selection for those participating has been provided on the Draft Operations Budget 2020/2021.Vote No: 26003.VARIOUS.12120.0000.81110.0010 – SALGA Games 2020 – R3 140 850.00 26003.VARIOUS.12120.0000.84130.0010 – eThekwini Games 2020 – R6 570 780.00 – PROVIDED 2020/21 = R9 711 630.00FC No: 32/227

ADOPTED, by the majority vote.


4. REPORT OF THE FINANCE, SECURITY AND EMERGENCY SERVICES COMMITTEE MEETING HELD ON 2020-03-19

(Page R 15)

4.1 Update on Storm Disaster Damages of October 2017, March and April 2019 (29/2/2/2)(Laid on Table: Finance, Security and Emergency Services Committee- Agenda 2020-03-19)

The Committee received a presentation on storm damages update, focusing mainly on the financial implications associated therewith. Focus was on establishing the ability by the Human Settlements Unit to spend funds allocated before the end of the current financial year. Further, the Committee explored interventions to be implemented to fastrack processes required to undertake rehabilitation work and the subsequent reinstatement of the storm damage victims. The Committee noted that processes such as home enrolments; land required; and actual verification of houses destroyed by storms were at time a source of delays in commencing with the disaster affected areas. As such, under-expenditure was anticipated, but that endeavours would be made to apply for the roll-over of the funds allocated for storm damages.

An informative presentation was appreciated by the Support Committee Members.

At the Executive Committee Level, One (01) Inkatha Freedom Party Member abstained on the matter and the majority being in agreement;


4.1.1 That the Executive Committee notes that processes are underway to source and implement funding allocated to undertake rehabilitation work as a result of the storm damages of October 2017, March and April 2019, as highlighted in the table below:

Units Affected Funding Implications Progress

1 293 Units in October 2017 R46 Million paid to eThekwini in 2018/19R247 Million in 2019/20R400 Million for 2020/21R126 126 000.00 in 2019/20 for 2nd

tranche

170 Units have been completed787 Units at Platforms stage283 Units at a Slabs stage246 Units at a Wall Plate level203 Units at a Roof level

6 703 Units in March 2019 R794 290 000 funding required Funding for 878 Units approved55 Units under R293 completed40 Material Supply houses completed and undergoing Geotech reports783 houses have been demolished for rebuild100 Sigcawu households under dispute since storm damage victims demand permanent housing

2 959 Units in April 2019 R663 308 400.00 funding required Discussion underway to allow for a roll-over of the USGD an amount of R78 738 000.00 in the 2019/20 financial year

4.1.2 That the Executive Committee further notes that an amount of R120 Million was secured through the Provincial Department of Human Settlements to cater for the storm damages of March 2019 and that application has been made to the National Disaster Management Centre to allocate an amount of R663 308 400.00 to provide relief for destitute families.


4.1.3 That under Emergency Housing Grant, an amount of R90 Million was approved through the National Department of Human Settlements to attend to informal settlements and temporal residential accommodation.

4.1.4 That under Disaster Relief Grant, the eThekwini Municipality has submitted a request for an amount of R483 million to be received for houses which have undergone the verification process and outcome thereon is pending.

4.1.5 That the eThekwini Municipality makes funding commitments for the storm damages and engages the relevant stakeholders to allow for the roll-over of funds to enable the Municipality to proceed with the rehabilitation project.Recommendations REFERRED BACK to the Human Resources and Infrastructure Committee to enable members to obtain more information on the matter and for further deliberations.

4.2 Progress Report on Title Deeds Programme(Laid on table: Finance, Security and Emergency Services Committee- Agenda 2020-03-19)

The Committee discussed financial implications associated with the title deeds programme. It was reiterated that the focus is on monitoring the expenditure associated therewith to establish the ability to spend funds before the end of the current financial year. It was noted that eThekwini has a backlog of 70 000 properties that required the necessary processes leading to the transfer of Title Deeds. That a number of 3 000 properties have been cleared, but that significant progress is anticipated since a Multi-disciplinary Task Team has been established to address matters surrounding the issue of Title Deeds. A 3-Year Implementation Programme was shared which will be implemented in an endeavour to address the backlog and the plan is aimed at addressing, amongst other things, land legal issues; missing beneficiaries; uncompleted planning milestones; encroachments; compliance issues in terms of issuing Town Planning approvals; and necessary certifications.

The Committee noted challenges surrounding the slow pace in issuing Title Deeds.

At the Executive Committee Level, three (03) Democratic Alliance Members abstained on the matter on the basis that there was no transparency on the rolling-out of the programme.

With the majority being in agreement;


That the Executive Committee notes an amount of R110 607 011.14 issued for the Title Deeds Programme, of which an amount of R1 321 091.00 has been spent to date, thus a balance of R109 285 920.14.Recommendations REFERRED BACK to the Human Resources and Infrastructure Committee to enable members to obtain more information on the matter and for further deliberation.


4.3 Service Delivery and Budget Implementation Plan as at 31 December 2019 (Plan 4a And Plan 8) (Page 3: Finance, Security and Emergency Services Committee- Agenda 2020-03-19)

The three (03) Democratic Alliance Members voted against noting of the Service Delivery and Budget Implementation Plan as at 31 December 2019 (Plan 4a and Plan 8).



That the Service Delivery and Budget Implementation Plan as at 31 December 2019 (Plan 4A and Plan 8) for the Finance Cluster and the Community & Emergency Services Cluster, be noted, as contained in the table below:

Plan No.

Plan Name Total No. of Projects for Reporting in

Q2

No. of Projects Achieved

No. of Projects not Achieved

Unaudited Achievement

Rate

4A Fostering a Socially Equitable Environment

29 26 3 89.66

8 Financially Accountable & Sustainable City

34 31 3 91.18

ADOPTED.

4.4 Budget Statement Report for the Month ended 31 January 2020 (7/1/4)(Page 49: Finance, Security and Emergency Services Committee- Agenda 2020-03-19)

The three (03) Democratic Alliance Members voted against noting of the Budget Statement Report for the Month Ended 31 January 2020.



That the Budget Statement Report for the month ended 2020-01-31, submitted by the City Manager as per his report dated 2020-02-14, in compliance with Section 71 of the Municipal Finance Management Act No. 56 of 2003 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 majority vote.


4.5 Public Tender Awards Inclusive of Section 36 Awards Of eThekwini Municipalityfor the Month of January 2020 (9/1/3)(Page 217: Finance, Security and Emergency Services Committee- Agenda 2020-03-19)

The Committee received verbal confirmation that the provisions of the Preferential Procurement Policy Framework Act No. 5 of 2000, were being complied with to accommodate service providers eligible to benefit therefrom. However, a written confirmation is expected by the Committee, also that additional information on Section 36 Awards is available to Members on request.

On this basis and with an amendment being effected to include tariffs charged for reconciliation account, the Support Committee was in agreement.

At the Executive Committee Level, the three (03) Democratic Alliance Members voted against noting of the Public Tender Awards Inclusive of Section 36 Awards of eThekwini Municipality for the Month of January 2020.



4.5.1 That the public tender awards by the City for the month of January 2020, inclusive of awards made in terms of Section 36 of the Supply Chain Management Regulations, as contained in the undated report by the City Manager, be noted.

4.5.2 That it be noted that where 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.

4.5.3 That the Finance, Security and Emergency Services Committee calls for additional information on individual awards, where it deems appropriate and necessary to play its oversight role.

4.5.4 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.

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

4.6 Proposed Policy on Fire Brigade Volunteerism (29/1/P)(Page 320: Finance, Security and Emergency Services Committee- Agenda 2020-03-19)

The Committee recalled that a request has been submitted to develop a Policy on Fire Brigade Volunteerism. Following discussion, it was,


4.6.1 That the Executive Committee notes the authority granted by the Finance, Security and Emergency Services Committee for the Fire and Emergency Services Unit to investigate the feasibility for Council to establish the fire brigade reserve force as provided for in the Fire Brigade Services Act and the feasibility to engage fire brigade volunteers.


4.6.2 That subject to .1 above, a Fire Brigade Volunteerism Policy be developed and submitted to the Finance, Security and Emergency Services Committee for consideration.ADOPTED.

4.7 Procurement of Human Protection Clothing, Articles and Uniforms for the Fire and Emergency Services Unit (8/1/13/1)(Page 323: Finance, Security and Emergency Services Committee- Agenda 2020-03-19)

It will be recalled that the above item was previously discussed and approved accordingly. That the current submission is made to clarify the financial implications involved to procure the protective clothing.

Accordingly,


That the Executive Committee approved the estimated cost implications of R20,089 Million for the procurement of new uniforms and Personal Protective Clothing (PPE) and articles for the Fire and Emergency Services Unit, as per the budget breakdown contained in the table below:

Financial year Item Value

2020/2021 PPE and Uniform R10,061 Million

2021/2022 PPE and Uniform R 4,796 Million

2022/2023 PPE and Uniform R5,232 Million

TOTAL ESTIMATE R20,089 Million The figures reflected above serve as estimates based on current uniform/PPE prices

FC No.: 1920/04An annual allocation is provided for via FESU’s operational budget to procure Personal Protective Equipment (PPE) and fatigue uniform as required. It is envisaged that the revised PPE and fatigue uniform as requirements will incur a marginally greater spend in the first year of introduction with spend reducing commensurately in accordance with the annual uniform issue programme.ADOPTED.

4.8 Acquisition of Portion 3 of Erf 287 Assagay (8 Rippon Road, Assagay) For Durban Metro Police Horse Stables: Diagram Sg No. 1587/1974 (17/2/1/1/4)(Page 410: Finance, Security and Emergency Services Committee- Agenda 2020-03-19)


4.8.1 That authority be granted to the Head: Real Estate to acquire the property described as Portion 3 of Erf 287 Assagay as depicted on Diagram SG No. 1587/1974.


4.8.2 That in the event that expropriation is deemed necessary the Head: Real Estate be authorised to proceed with the expropriation of the property described as Portion 3 of Erf 287 Assagay as depicted on Diagram SG No. 1587/1974.

4.8.3 That subject to the adoption 2. above, the Head: Real Estate be authorised to assess compensation in terms of Section 25(3) of the Constitution of the Republic of South Africa, read in conjunction with the Expropriation of Land Act No. 63 of 1975, as the proposed acquisition is in the public interest and/or for public purposes and such the acquisition is deemed compulsory.

4.8.4 That subject to the adoption of 3. above, the Head: Real Estate be authorised to conclude the compensation agreement and sign all necessary documents to effect the expropriation and registration in favour of the eThekwini Municipality.

Financial implications:

The cost of acquiring the property is estimated to be R6 530 000.00. The actual will be finalised through negotiations with affected property owner. R3 600 000 was originally provided under Vote No.: 20051.45506.22.12120.0000.M0007A.W015 (New Metro Police Horse Unit) and shortfall of R2 930 000 will be met on from savings identified as follows:

R1 400 000 Vote No.: 20051.44150.12120.0000.M0017.0010 (CCTV Cameras Metro Police)Approved in the 20192020 Capital Adjustment Budget

R1 530 000 Vote No.: 45531.22.12120.0000.M0002A.W063 (Renovations at Queensburgh Store)Additional 2019/2020 Capital Adjustment Budget request.

FC No.: 2020/12/CA23ADOPTED.

4.9 Proposal to Request Transfer of Bellhaven Memorial Hall No.217 First Avenue to Safer Cities Unit to Utilise as Drop-In-Centre for the Homeless (17/2/2/1/2)(Page 421: Finance, Security and Emergency Services Committee- Agenda 2020-03-19)


4.9.1 That the set aside and transfer of two (2) buildings owned by Real Estate and Electricity Department respectively to the Safer Cities Unit to be utilised as Drop-In-Centres for the Homeless, namely, Bellhaven Memorial Hall, described as Erf 1364 Durban, located in No. 217 First Avenue, be approved.

4.9.2 That subject to adoption of .1 above, authority be granted to Acting Deputy City Manager: Community and Emergency Services Cluster and Finance to identify savings in the budget of 2019/2020 financial year for the provision of static security; and undertaking conditional assessments for both buildings.

4.9.3 That subject to the adoption of .1 and .2 above, authority be granted to the Acting Deputy City Manager: Community and Emergency Services Cluster and Finance to find savings with the Community and Emergency Services Cluster budget 2019/2020 financial year for departmental rent and rates on the market value of the land in respect of both properties with the buildings to be transferred as historic cost.


4.9.4 That subject to the adoption of .1 .2 and .3 above, the Safer Cities Unit provides a report on the outcomes of conditional assessments for both buildings, including required capital budget for renovations and operational budget of the two (2) Drop-In-Centres to the Finance, Security and Emergency Services Committee for consideration, approval and inclusion in the budget 2021/2022 financial year.


Item Unit Cost Estimates Per Annum

Security 1 x Day / Night Guard R21 000 per month R252 000.00

Conditional Assessment of both properties – Once off R1.2 Million ONCE OFF

TOTAL R1.221 000.00 R252 000.00

The financial implications linked to the proposed transfer of Bellhaven Memorial Hall to Safer Cities Unit to operate as Drop-In-Centre relates to urgent security measures since the property is currently vacant and exposed to vandalism and invasion by undesirable elements. Other financial implications relate to conditional assessment of the property.

It should also be noted that upon finalization of the set aside process of the properties to the Safer Cities Unit, departmental rent and rates will be payable based on the market value of the land and the buildings to be transferred at historic cost.Recommendations REFERRED BACK to the Finance Security and Emergency Services Committee to enable members to investigate the suitability of the identified area and for further deliberations.

4.10 Approval of Payment Arrangements for Ugu District Municipality Debt to eThekwini Municipality (7/6/3/1)(Page 436: Finance, Security and Emergency Services Committee- Agenda 2020-03-19)

With One (01) Inkatha Freedom Party Member abstaining and the majority being in agreement;


4.10.1 That the Executive Committee notes that UGU District Municipality has agreed on the liability and proposed a settlement which will involve the following:

4.10.1.1 The Municipality to sign a formal agreement with UGU District Municipality to pay an outstanding debt of R500 000.00 (Five Hundred Thousand Rand) per month for the next six (6) months with regard to the supply of water services.

4.10.1.2 That subject to the approval of the arrangement in .1 above, UGU District Municipality must keep their current bill up to date.

4.10.1.3 The agreement to be reviewed after six (6) months and that the new agreement to be signed to the normal terms as per the Credit Control and Debt Collect procedures, it being recorded that they will have to sign an agreement payable over thirty six (36) months, including keeping current charges up to date, effective from August 2020.


4.10.1.4 That, if UGU District Municipality fail to keep up with the agreement, Legal collection processes be implemented inter alia,

(a) Red Liner Letter(b) Final Demand; and(a) Summons be implemented against UGU District Municipality

4.10.1.5 That the matter be reported to the National Treasury in terms of Section 44 of the Municipal Finance Management Act.

4.10.1.6 That interest be charged in terms of Section 64(2)(g) of the Municipal Finance Management Act on the arrear amounts owned by UGU District Municipality.


UGU District Municipality owes a total of R38 Million as at 31 January 2020. The municipality should do everything in its power to recover including the legal process. Non-collection of outstanding amounts has a negative effect to the municipality that needs funds to provide much needed services to the communities. ADOPTED.

4.11 Public Monthly Tender Awards Inclusive of The Section 36 Awards of eThekwini Municipality for the Month of February 2020 (9/1/3)(Page 443: Finance, Security and Emergency Services Committee- Agenda 2020-03-19)


4.11.1 That the public tender awards by the City for the month of February 2020, inclusive of awards made in terms of Section 36 of the Supply Chain Management Regulations, as contained in the report by the City Manager dated 2020-03-11, be noted.

4.11.2 That it be noted that where 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.

4.11.3 That the Finance, Security and Emergency Services Committee calls for additional information on individual awards, where it deems appropriate and necessary to play its oversight role.

4.11.4 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.

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



4.12 RT36-2020: Provision of Security Services to the State for a Period of 3 Years(Laid on table: Finance, Security and Emergency Services Committee- Agenda 2020-03-19)


4.12.1 That the Committee notes the cancellation of Tender RT36-2020: Provision of Security Services to the State for a three-year period.

4.12.2 That it be noted by Committee the eThekwini Municipality follow its own procurement process going forward.NOTED.

4.13 Establishment of Safe Sleeping Spaces for Homeless People(Laid on table: Finance, Security and Emergency Services Committee- Agenda 2020-03-19)


4.13.1 That project authority for the establishment of the safe sleeping spaces located at Block AK and the Old Tropical Restaurant Site at Albert Park, to an estimated value of R8m and R11m, respectively, be approved.

4.13.2 That the Urban Renewal Office of the Economic Development and Planning Cluster fund R3m in the 19/20 and R3m in the 20/21 year; with the remainder of the funding for 2020/2021 MTREF to be met from savings through the adjustment budget arising from the re-prioritisation of projects during the midterm adjustment budget.

4.13.3 That the allocated funding will continue to be administered by the Urban Renewal Office whilst the project is being undertaken and until it is completed.

4.13.4 That the Safer Cities Unit prepares a detailed operational plan and its related expenditure for consideration by the Finance, Security and Emergency Services Committee.


R 13 631 677 Vote No.: S6001B.55100.1540.518000.0000.S6001B.0010 (USDG Funding – Inner City Regeneration) Approved in the 2019/2020 Capital Adjustment Budget

R 9 500 000 Vote No.: S6001B.55100.1540.518000.0000.S6001B.0010 (USDG Funding – Inner City Regeneration) Approved in the 2019/2021 Capital Adjustment Budget

R 3 000 000 Vote No.: S6001B.55100.1540.518000.0000.S6001B.0010 (Urban Renewal)Approved in the 2019/2020 Capital Adjustment Budget

R 3 000 000 Vote No.: S6001B.55100.1540.518000.0000.S6001B.0010 (Urban Renewal)Approved in the 2020/2021 Capital Adjustment Budget

FC No.: 2020/12/CA05ADOPTED.


4.14 Grant Funding to End Homelessness for Strollers Shelter (Laid on Table: Finance, Security and Emergency Services Committee- Agenda 2020-03-19)


4.14.1 That the allocation of R500 000.00 during the 2019/2020 mid-term budget adjustment process to the Safer Cities budget vote for the purpose of supporting the Strollers facility for homeless women and their children, be approved.

4.14.2 That subject to .1 above, the City Manager be authorised to enter into a Memorandum of Agreement in terms of Section 67 of the Municipal Finance Management Act, between the eThekwini Municipality and City People eThekwini Non-Profit Company (NPC), for a three-year period from the date of signature.

4.14.3 That subject to .1 and .2 above, the Head: Safer Cities be authorised to transfer five hundred R500,000.00 for the Strollers facility to the City People eThekwini NPC, with the vote number and financial clearance numbers to be provided from savings in the 2019/2020 Financial Year.

4.14.4 That subject to .1 and .3 above, this R500, 000.00 be utilised by the NPC to enable the Urban Lime and its professionals and contractors to further undertake a range of prioritised repairs and maintenance related to the Strollers facility.

4.14.4 That the Safer Cities Unit prepares a consolidated three-year Capital and Operating Budget to enable an effective and timeous response to the Homeless within eThekwini Municipality.


The allocation of R500 000.00 would be provided to the Safer Cities Unit budget through the mid-term budget process for the purpose of supporting the Strollers for homeless women and their children.ADOPTED.

5. REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE MEETING HELD ON 2020-03-20 (Page R29)

5.1 Option analysis on the Property and Authorisation to Conduct Public Participation for the Long-Term Leasing of Erf 10306 Durban in terms of Regulations 35 and 34(2) of the Municipal Assets Transfer Regulations (2008) (17/2/1/2/5 and 17/2/2/2/1)(Page 103: Human Settlements and Infrastructure Committee – Agenda 2020-03-20)


5.1.1 That based on the outcome of the evidence emanating from the process of analysing and exploring various feasibility options that lends itself to the property as described as ERF 10306 Durban, Council approves the Option of a Proposed Long-term Lease of the subject property in its present condition.


5.1.2 That Subject to Adoption of .1 above, Since fair Market Value of the Asset to be leased exceed the Value of R10 000 000.00 ( Ten Million Rand) and the proposed lease period is over 30 years, Council grants the Accounting Officer Authorisation to conduct a Public Participation process in connection with the proposed granting of a long term right to use, control and manage ERF 10306 Durban in terms of Regulation 35 and 34(2) of the Municipal Asset Transfer Regulations,2008.

5.1.3 That the Public Participation process be conducted in accordance with provisions of the above regulations including:

5.1.3.1 Inviting the Local Community and Other Interested Parties to submit comments and representations;

5.1.3.2 Soliciting the View and Recommendations of the National and Provincial Treasury on the Matter;

5.1.3.3 Compliance with Section 21 of the Municipal Systems Act by Publishing the Notification through the Media, in a Local Newspaper(s), published in the area of Jurisdiction of the Municipality, in a Newspaper(s) circulating in its area of Jurisdiction and determined by the Municipality as a Newspaper of record, or by means of Radio Broadcast covering the area of Jurisdiction of the Municipality.

5.2 That the Accounting Officer Submit a Report within 60 Days of the Conclusion of the Public Participation Process, advising whether the Capital Asset is needed to provide a Basic Municipal Service, as well as the fair Market Value of the Asset and Economic and Community Value to be Received in Exchange for the Capital Asset.

5.3 That Head: Real Estate be authorised to sign all documents to give effect to the above resolution.Recommendations REFERRED BACK to the Human Resources and Infrastructure Committee to enable members to obtain more information on the matter and for further deliberations.

6. REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE MEETING HELD ON 2020-03-23

(Page R34)

6.1 Policy Review: Determination of Commencing Salary on Appointment and Promotion in Accordance with the Recruitment and Selection Policy (4/3/P) (Page 11: Governance and Human Resources Committee Agenda - 2020-03-23)



6.1.1 That the reviewed policy relative to Determination of Commencing Salary on Appointment and Promotion in Accordance with the Recruitment and Selection Policy, be adopted.

6.1.2 That subject to the adoption of 1. above, authority be granted to the Head: Human Resources for the implementation of reviewed policy on the Determination of Commencing Salary on Appointment and Promotion in Accordance with the Recruitment and Selection Policy. ADOPTED, by the majority vote.


6.2 Report on the Policy for Attraction and Retention Motor Vehicle Allowance (4/3/P)(Page 21: Governance and Human Resources Committee Agenda - 2020-03-23)



6.2.1 That authority be granted for the implementation of the Policy on the Attraction and Retention Motor Vehicle Allowance to facilitate the payment of the full allowance to recipients who are employed in posts that qualify the payment of the allowance.

6.2.2 That subject to approval of 1. Above, authority be granted to the Head : Human Resources for implementation of the new policy to address the challenges with regard to attraction and retention to key positions in the Municipality. Recommendations REFERRED BACK to the Governance and Human Resources Committee to enable members to obtain more information on the matter.

6.3 Policy Review: Employee Wellness Programme (EWP) and Substance Abuse Policy (5/2/1/P)(Page 38: Governance and Human Resources Committee Agenda - 2020-03-23)



6.3.1 That authority be granted for the implementation of the Employee Wellness Programme (EWP) and Substance Abuse Policy as contained in Annexure “A” and “B” of the report of the Head : Human Resources dated 2019-03-16.

6.3.2 That subject to approval of 1. above, authority be granted to the Head : Human Resources for the implementation of the Employee Wellness Programme (EWP) and Substance Abuse Policy in the Municipality.Recommendations REFERRED BACK to the Governance and Human Resources Committee to enable members to obtain more information on the matter.

6.4 Policy Review: Performance Management Policy and Procedure(Page 62: Governance and Human Resources Committee Agenda - 2020-03-23)



6.4.1 That the Policy Review on Performance Management Policy and Procedure as contained in the report of the Head : Human Resources dated 2019-01-31, be adopted.


6.4.2 That subject to the adoption of .1 above, authority be granted to the Head : Human Resources for the implementation of the Performance Management Policy and Procedure which will encourage best practice Performance Management that based on individual or team performance in the organization in order to ensure that their action take the organization closer to its goals.

6.4.3 That it be noted that indirect financial implications relating to the proposed split between the scores of three (3) and four (4) as well as respective rewards will be carried and budgeted for by line management as indicated below:

SCORE REWARD

4.50 – 5.00 Double notches 4 days leave

4.00 - 4.49 Single Notch 2 Days leave

3.50 - 3.99 Single Notch 1 Day

3.00 - 349 Single Notch

Less than 3 No performance reward

Recommendations REFERRED BACK to the Governance and Human Resources Committee to enable members to obtain more information on the matter.

6.5 Organisation and Establishment of The Supply Chain Management Unit (4/1/1/2/2) (Page 90: Governance and Human Resources Committee Agenda - 2020-03-23)



6.5.1 That the recommended organisation and establishment of Supply Chain Management Unit as reflected on Annexure “A” of the report by the Head : Organizational Development and Change Management dated 2019-05-15, be approved.

6.5.2 That authority be granted to the Head: Organizational Development and Change Management to implement the recommended organisation and establishment of Supply Chain Management Unit to be done in phases over for a period of one (3) fiscal years, with funding sourced from Unit savings and charges made from the Trading Services Unit.

6.5.3 That it be noted that the cost implications for the organisation and establishment of the Supply Chain Management Unit have been provisionally calculated using the median of the salary scales of the envisaged TASK Grade of the posts subject to the grading process by the Compensation Management Branch and that all new and amended posts will be subjected to the grading process in order to be given a correct T.A.S.K. Grade.

6.5.4 That it be noted that the implementation of the recommendations of organisation and establishment of Supply Chain Management Unit will require an additional expenditure of R13 813 042.00 (Thirteen Million Eight Hundred and Thirteen Thousand Forty-Two Rand). Recommendations REFERRED BACK to the Governance and Human Resources Committee to enable members to obtain more information on the matter.


6.6 Organisational and Establishment of the Economic Development Unit (4/1/1/2/5) (Page 256: Governance and Human Resources Committee Agenda - 2020-03-23)



6.6.1 That the recommended organisation and establishment of Economic Development Unit as reflected on Annexure “A” of the report by the Head : Organizational Development and Change Management dated 2019-11-13, be approved.

6.6.2 That authority be granted to the Head: Organizational Development and Change Management to implement the recommended organisation and establishment of Economic Development Unit to be done in phases over for a period of one (3) years depending on the availability of funds for the filling of posts on the recommended structure.

6.6.3 That it be noted that the cost implications for the organisation and establishment of the Economic Development Unit have been provisionally calculated using the median of the salary scales of the envisaged TASK Grade of the posts subject to the grading process by the Compensation Management Branch and that all new and amended posts will be subjected to the grading process in order to be given a correct T.A.S.K. Grade.

6.6.4 That it be noted that the implementation of the recommendations of organisation and establishment of the Economic Development Unit will require an additional expenditure of R20 662 649.00 (Twenty Million Six Hundred and Sixty-Two Thousand Six Hundred and Forty-Nine Rand).

6.6.5 That it be noted that Head : Economic Development made a commitment of R17 900 043.00 (Seventeen Million Nine Hundred Thousand and Forty Three Rand) to fund some of the post. The funds will be sourced from a budget allocated to the consultancy services as well as capital projects. The Unit has requested the difference of R2 762 606.00 (Two Million Seven Hundred Thousand and Sixty Two Six Hundred and Six Rand) from the Deputy City Manager : Finance Recommendations REFERRED BACK to the Governance and Human Resources Committee to enable members to obtain more information on the matter.

6.7 Organisational and Establishment of the Economic Development Planning, Environment and Management Unit (4/1/1/2/5)(Page 344: Governance and Human Resources Committee Agenda - 2020-03-23)



6.7.1 That the recommended organisation and establishment of Economic Development Planning, Environment and Management Unit as reflected on Annexure “A” of the report by the Head : Organizational Development and Change Management dated 2019-11-08, be approved.


6.7.2 That authority be granted to the Head: Organizational Development and Change Management to implement the recommended organisation and establishment of Economic Development Planning, Environment and Management Unit to be done in phases over for a period of one (3) years depending on the availability of funds for the filling of posts on the recommended structure.

6.7.3 That it be noted that the cost implications for the organisation and establishment of the Economic Development Planning, Environment and Management Unit have been provisionally calculated using the median of the salary scales of the envisaged TASK Grade of the posts subject to the grading process by the Compensation Management Branch and that all new and amended posts will be subjected to the grading process in order to be given a correct T.A.S.K. Grade.

6.7.4 That it be noted that the implementation of the recommendations of organisation and establishment of the Economic Development Planning, Environment and Management Unit will require an additional expenditure of R54 003 864.00 (Fifty-Four Million Three Thousand Eight Hundred and Sixty-Four Rand) on condition that there is no funding for additional posts for in the Medium-Term Expenditure Framework and accordingly any post filled can be funded from reprioritization. Recommendations REFERRED BACK to the Governance and Human Resources Committee to enable members to obtain more information on the matter.

6.8 Finance Unit: Organisation and Establishment of the Finance, Pensions and Major Projects Department (4/1/1/2/5)(Page 442: Governance and Human Resources Committee Agenda - 2020-03-23)



6.8.1 That the recommended organisation and establishment of Finance, Pensions and Major Projects Unit as reflected on Annexure “A” of the report by the Head: Organizational Development and Change Management dated 2019-05-24, be approved.

6.8.2 That authority be granted to the Head: Organizational Development and Change Management to implement the recommended organisation and establishment of Finance, Pensions and Major Projects Unit to be done in phases over for a period of one (3) years depending on the availability of funds for the filling of posts on the recommended structure.

6.8.3 That it be noted that the cost implications for the organisation and establishment of the Finance, Pensions and Major Projects Unit have been provisionally calculated using the median of the salary scales of the envisaged TASK Grade of the posts subject to the grading process by the Compensation Management Branch and that all new and amended posts will be subjected to the grading process in order to be given a correct T.A.S.K. Grade.


6.8.4 That it be noted that the implementation of the recommendations of organisation and establishment of the Finance, Pensions and Major Projects Unit will require an additional expenditure of R701 462.00 (Seven Hundred and One Thousand Four Hundred and Sixty-Two Rand). Recommendations REFERRED BACK to the Governance and Human Resources Committee to enable members to obtain more information on the matter.

6.9 L egal and Compliance Unit: Review of the Existing Organisation and Post Establishment of Legal and Compliance Unit (4/1/1/2/5)(Page 478: Governance and Human Resources Committee Agenda - 2020-03-23)



6.9.1 That the recommended organisation and establishment of Legal and Compliance Unit as reflected on Annexure “A” of the report by the Head : Organizational Development and Change Management dated 2019-11-29, be approved.

6.9.2 That authority be granted to the Head: Organizational Development and Change Management to implement the recommended organisation and establishment of Legal and Compliance Unit to be done in phases over for a period of one (3) years depending on the availability of funds for the filling of posts on the recommended structure.

6.9.3 That it be noted that the cost implications for the organisation and establishment of the Pensions Legal and Compliance Unit have been provisionally calculated using the median of the salary scales of the envisaged TASK Grade of the posts subject to the grading process by the Compensation Management Branch and that all new and amended posts will be subjected to the grading process in order to be given a correct T.A.S.K. Grade.

6.9.4 That it be noted that the implementation of the recommendations of organisation and establishment of the Legal and Compliance Unit will require an additional expenditure of R28 938 973.00 (Twenty-Eight Million Nine Hundred and Thirty-Eight Thousand Nine Hundred and Seventy Three Rand).

Cost Implications

No of posts

Funding Required for financial year 2019/20





12 R9 784 126.0010 R4 272 852.0014 R4 8239 975.0010 R5 444 013.008 R4 614 007.00

Recommendations REFERRED BACK to the Governance and Human Resources Committee to enable members to obtain more information on the matter.


6.10 Disaster Management Unit: Report on the Organisation and Establishment of Disaster Management and Emergency Control Unit (4/1/1/2/5)(Page 530: Governance and Human Resources Committee Agenda - 2020-03-23)



6.10.1 That the approved organization and establishment of Disaster Management and Emergency Control Unit as reflected in annexure “A” on the report, be deleted.

6.10.2 That the recommended organisation and establishment of Disaster Management and Emergency Control Unit as reflected in Annexure “B” of the report, be approved

6.10.3 That authority be granted to the Head: Organizational Development and Change Management to implement the recommended organisation and establishment of Legal and Compliance Unit to be done in phases over for a period of one (3) years depending on the availability of funds for the filling of posts on the recommended structure.

6.10.4 That it be noted that the cost implications for the organisation and establishment of the Disaster Management and Emergency Control Unit have been provisionally calculated using the median of the salary scales of the envisaged TASK Grade of the posts subject to the grading process by the Compensation Management Branch and that all new and amended posts will be subjected to the grading process in order to be given a correct T.A.S.K. Grade.

6.10.5 That it be noted that the implementation of the recommendations of organisation and establishment of the Disaster Management and Emergency Control Unit will require an additional expenditure of R36 663 457.00 (Thirty-Six Million Six Hundred and Sixty-Three Thousand Four Hundred and Fifty Seven Rand).Recommendations REFERRED BACK to the Governance and Human Resources Committee to enable members to obtain more information on the matter.

6.11 City Integrity And Investigation Unit: Report On The Amended Organisation And Establishment Structure For City Integrity And Investigation Unit (4/1/1/2/5)(Page 571: Governance and Human Resources Committee Agenda - 2020-03-23)

At the Support Committee Level, the Members of the Democratic Alliance and Economic Freedom Fighters abstained on the matter.

At the Executive Committee Level, three (03) Democratic Alliance Members abstained on the matter, with the majority being in agreement;


6.11.1 That the approved structure of organizational and establishment of City Integrity and Investigation Unit as reflected in Annexure “B” on the report by the Head: Organizational Development and Change Management, be deleted


6.11.2 That the recommended structure organizational and establishment of City Integrity and Investigation Unit as reflected on Annexure “D” of the report of the Head: Organisational Development and Change Management, be approved.

6.11.3 That authority be granted to the Head: Organizational Development and Change Management to implement the recommended organisation and establishment of City Integrity and Investigation Unit to be done in phases over for a period of one (3) years depending on the availability of funds for the filling of posts on the recommended structure.

6.11.4 That it be noted that the cost implications for the organisation and establishment of the Disaster Management and Emergency Control Unit have been provisionally calculated using the median of the salary scales of the envisaged TASK Grade of the posts subject to the grading process by the Compensation Management Branch and that all new and amended posts will be subjected to the grading process in order to be given a correct T.A.S.K. Grade.

6.11.5 That it be noted that the implementation of the recommendations of organisation and establishment of the City Integrity and Investigation Unit will require an additional expenditure of R10 836 918.00 (Ten Million Eight Hundred and Thirty-Six Thousand Nine Hundred and Eighteen Rand). Recommendations REFERRED BACK to the Governance and Human Resources Committee to enable members to obtain more information on the matter.

6.12 Organisational Development and Change Management Unit: Change Management Policy(Page 607: Governance and Human Resources Committee Agenda - 2020-03-23)




6.12.1 That the Change Management Policy as contained in the report by the Head: Organisational Development and Change Management dated 2020-03-17, be adopted.

6.12.2 That subject to adoption of .1 above, authority be granted to the Head: Organisational Development and Change Management for the implementation of the Change Management Policy with a view to have a sustainable approach in dealing with changes pertaining to organizational development and transformation within eThekwini Municipality. Recommendations REFERRED BACK to the Governance and Human Resources Committee to enable members to obtain more information on the matter.


6.13 Human Resources Unit: Organisation and Establishment of The Human Resources Unit (4/1/1/2/5)(Page 644: Governance and Human Resources Committee Agenda - 2020-03-23)




6.13.1 That the recommended organisation and establishment of Human Resources Unit as reflected on Annexure “A” of the report by the Head : Organizational Development and Change Management dated 2019-11-08, be approved.

6.13.2 That authority be granted to the Head: Organizational Development and Change Management to implement the recommended organisation and establishment of Human Resources Unit to be done in phases over for a period of one (3) years depending on the availability of funds for the filling of posts on the recommended structure.

6.13.3 That it be noted that the cost implications for the organisation and establishment of the Human Resources Unit have been provisionally calculated using the median of the salary scales of the envisaged TASK Grade of the posts subject to the grading process by the Compensation Management Branch and that all new and amended posts will be subjected to the grading process in order to be given a correct T.A.S.K. Grade.

6.13.4 That it be noted that the implementation of the recommendations of organisation and establishment of the Human Resources Unit will require an additional expenditure of R52 966 752.00 (Fifty-Two Million Nine Hundred and Sixty-Six Thousand Seven Hundred and Fifty-Two Rand).Recommendations REFERRED BACK to the Governance and Human Resources Committee to enable members to obtain more information on the matter.

7. AUDIT COMMITTEE REPORT FOR THE SECOND QUARTER ENDED 31 DECEMBER 2019 (2/10/1/1/1)

(Page 1)

On the basis that management submit a comprehensive report on the issues raised by the Committee;


That the Audit Committee Report for the Second Quarter of 2019/2020 from 30 October 2019 to December 2019, submitted in terms of Section 166 (1) of the Municipal Finance Management Act No. 56 of 2003 and Section 14(2) (a) of the Local Government Municipal Planning & Performance Management Regulations to advise Council on the activities of the Audit Committee and the results of its quarterly reviews of the systems of internal financial, internal Audit; risk


management processes; financial reporting; performance management; governance; compliance with laws and regulations; any other issues referred by the Municipality or its Entities; internal audit function and outcomes; fraud and corruption matters brought to the attention of Council, as contained in the findings of the Audit Committee report, be noted.NOTED.

8. DISTRICT DEVELOPMENT PROGRAMME (2/3/2/1/2)

(Page 28)

With three (03) Members of the Democratic Alliance abstaining on the matter at this stage,


8.1 That Council notes the progress on the implementation of the District Development Model (DDM) within the eThekwini Municipality as detailed in the Report by the City Manager dated 2020-03-20.

8.2 That Council approves the proposed institutional structure as reflected in the tabled below:

DDM MANAGEMENT FRAMEWORK: DISTRICT LEVELExecutive Committee Metro Political Hub MEC Metro Champion & Metro Mayor

SpeakerChair of Local House Traditional Support Team; Mms, HODs Champion, Lg Specialists, COGTA SMS Rep, OSS DTT Chair, MISA, DCOG, DBSA

Metro Standing Committee Metro Technical Hub Champion HOD & Metro CMSector Reps (Nat &Prov) Including NT CSPCOGTA SMS Rep

Executive Management Committee

Extended Executive Technical Hub

Exec MancoWorkstream LeadsSOE’s, Pub EntityDTT ChairSupport: Lg Specialists, IGR, Misa, DCOG, DBSAExec MancoWorkstream LeadsSector RepsOSS LTT Chairs SOE’s, Pun EntityIGR Forum ChairsOther Relevant Civil Society Groups

17 Zonal Admin & Political Structures

Approved IGR Forums Relevant Government & Civil Society Organizational & OSS LTT Participation as reviewed & approved by DDM

DDM METRO WORKSTREAMS

8.3 That it should be noted that the Area Based Management structure will be amended to cater for 17 zonal administrative structures that will include:

8.3.1 Operation Sukuma Sakhe8.3.2 Enforcement8.3.3 Community Participation and Action Support8.3.4 Regional Centres


8.4 That Council approves the workstreams to drive the DDM process forward, as detailed in the City Manager’s Report dated 2020-03-20 and comprises the following key elements:

8.4.1 Institutional8.4.2 Finance8.4.3 Catalytic Projects8.4.4 Infrastructure8.4.5 CMR and IGR8.4.6 Safety & Security8.4.6 Port Congestion8.4.7 SIP 28.4.8 Single Plan8.4.9 Single Budget8.4.10 Single Implementation Strategy8.4.11 Monitoring &EvaluationNOTED.

_____________

3. THIRD REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2020-05-19

_____________

1. FOOD RELIEF DISTRIBUTION STRATEGY FOR COVID-19 LOCKDOWN PERIOD (19/1/1/1/2)

The distribution of food relief hampers and vouchers had been successfully undertaken in various Wards within the eThekwini Municipal area. Challenges encountered thus a delay in distributing vouchers in 12 Wards have since been resolved and distribution will be undertaken accordingly.

This reports therefore seeks authority to ratify the decision taken by His Worship the Mayor in terms of Rule of Order 28 to implement the Food Relief/Hamper Distribution Strategy in response to socioeconomic issues as a result of the National Lockdown due to the COVID-19 pandemic.

Accordingly,


1.1 That in view of the National Disaster Regulations relative to COVID-19 pandemic, the actions of His Worship the Mayor, Councillor TM Kaunda and the Acting City Manager, in granting authority in terms of the Council’s Rule of Order 28 Bylaw, for the Head: Community Participation & Action Support and the Head: Disaster Management & Emergency Control to implement the Food Relief/Hamper distribution strategy for the COVID-19 Lockdown period, be noted.

1.2 That Council notes the following which form part of the Rule of Order approval:


1.2.1 The procurement process has been followed for the logistics pertaining to the food relief/hamper distribution, in line with the provisions of the Supply Chain Management Policy.

1.2.2 Authority has been granted to the Deputy City Manager: Finance to identify savings to meet the shortfall of the estimate costs of the food relief/hamper distribution programme.

Financial Implications Estimated cost of each food parcel/ grocery hamper R600.00

Number of Wards 110Number of beneficiaries per ward 1 000Estimated cost per month: R600 X 1000 X 110 R66 000 000.00 per monthEstimated cost for two month: R66 000 000.00 X 2 R132 000 000.00Budget available from Food Aid Programme R13 122 257.00BUDGET SHORTFALL R118 844 743.00

ADOPTED.

2. PROGRESS REPORT ON REQUEST TO BORROW R500 MILLION FOR CAPITAL PROJECTS (7/3/1/1/2)

It will be recalled that on 2020-01-30 Council had granted an in-principle approval for the raising of a long-term debt finance for capital projects of Five Hundred Million Rand. Provision had been made in the 2019/2020 budget for the borrowing of R1.5 Billion. However, a drawdown of R500 Million was being requested for capital expenditure already incurred.

Some Executive Committee Members were not in support thereof pointing out that budget reprioritization could result in savings to meet any other expenditure incurred. Meanwhile, it was presented that the Provincial and National Treasury did not have any objections to the proposed loan as per their comments contained in the report of the City Manager dated 2020-04-21.

The Executive Committee Members of the Democratic Alliance (03) and the IFP (01) recorded their dissention on this matter. With the majority ANC (06) being in support in view of necessary compliance requirements having been met,


2.1 That approval be granted for the raising of the long-term debt of R500 000 000.00 (Five Hundred Million Rand) from the Development Bank of South Africa (DBSA) to finance capital expenditure as set out in the approved Medium Term and Revenue Expenditure Framework for 2019/2020- 2020/2021, substantially on the basis of the draft loan agreement annexed to the report of the City Manager dated 2020-04-21, it being recorded that Council on 2020-01-30 had approved, in principle, the raising of long term debt finance for capital projects of R500 Million.

2.2 That subject to the adoption of 2.1 above, authority be granted to the Acting City Manager to sign the loan agreement.

2.3 That subject to the adoption of 2.1 and 2.2 above, authority be granted to the Deputy City Manager: Finance to sign any and all documents, notices, request for disbursement in relation to this loan.ADOPTED.


3. AMENDMENT TO MEMORANDUM OF AGREEMENT FOR PARTICIPATION IN GLOBAL CITIES (7/4/1 & 20/1/7/1):

It was noted that on 2020-02-27 Council adopted the following resolutions in respect of the above-mentioned matter:

“1.4.1 That the eThekwini Municipality’s participation in the Global Future Cities Programme of the United Kingdom Prosperity Fund, a United Kingdom initiative to support sustainable and inclusive economic growth leading to poverty reduction in middle-income developing countries, be supported.

1.4.2 That authority be granted for the City Manager, on behalf of the eThekwini Municipality, to enter into a Memorandum of Agreement (MOA) with the British High Commission in South Africa, in an effort to formalize the Municipality’s participation in the Future Cities Programme.

1.4.3 That authority be granted for the City Manager to sign the MOA with the British High Commission, to be in existence for the period of two (2) years from the date of signing the agreement.

1.4.4 That the establishment of Programme Management Capacity within eThekwini Municipality for the effective implementation of this programme be supported, it being recorded that the necessary technical support and embedded programme management support will be provided by the Future Cities Programme and the British High Commission in South Africa.”

However, it has been advised that resolution 1.4.3 above erroneously reflects that the MOA will be in existence of two (2) years instead of three (3) years.

As the resolution requires amendment,


3.1 That approval be granted for the eThekwini Municipality to enter into a Memorandum of Agreement (MOA) with the British High Commission in South Africa.

3.2 That the following resolution 1.4.3 be rescinded:

“1.4.3 That authority be granted for the City Manager to sign the MOA with the British High Commission, to be in existence for the period of two (2) years from the date of signing the agreement.”

3.3 That subject to the approval of 3.2 above, authority be granted to the Acting City Manager to sign the MOA with the British High Commission in South Africa on behalf of the eThekwini Municipality, it being noted that the MOA will be valid for three (03) years from the date of signature of the agreement.ADOPTED.


4. DECISIONS TAKEN IN TERMS OF RULE OF ORDER 28

4.1 Celebrating Life of The Late Football Legend: Mr Cedric “Sugar Ray” Xulu (13/5)

Some Executive Committee Members were of the view that the late Football Legend, Mr Cedric “Sugar Ray” Xulu could be honoured in various other ways to have a lasting effect on people’s minds.

Meanwhile, it was requested that an investigation be undertaken with regard to erecting a statue of the Late Cedric “Sugar Ray” Xulu at the Sugar Ray Xulu Stadium and that similar investigations be undertaken at the various stadiums in eThekwini, e.g. Princess Magogo Stadium.

Thereafter,


4.1.1 That the action of His Worship the Mayor, Councillor TM Kaunda, in granting authority in terms of the Council’s Rule of Order 28 Bylaw for the eThekwini Municipality to fund the project to celebrate life of the late eThekwini Football Legend, Mr Cedric “Sugar Ray” Xulu which project will entail making and installing street pole banners in strategic places around the City and Clermont Township, procurement of editorial space and airtime in various print and electronic media platforms, be noted, it being recorded that the approval also entails the following:

4.1.2 The appointment of the Head: Mayoral Parlour to serve as Project Manager for the project outlined in .1 above, which project will be championed through the Community and Emergency Services Cluster.

4.1.3 The authority be granted to the Deputy City Manager: Community & Emergency Services and the Deputy City Manager: Finance to allocate funding to this project.

Financial ImplicationsThe Moses Mabhida Stadium, Parks, Recreational & Culture; and the Office of the Deputy City Manager: Community & Emergency Services have made commitments to identify savings and meet expenses arising outof this project, estimated to cost in the region of R100 000.00.

ADOPTED.

4.2 Approval of Six Months Payment Holiday for Business Affected By Covid-19 In eThekwini (16/1/1/1)


4.2.1 That the actions of His Worship the Mayor, Councillor TM Kaunda and the Acting City Manager in granting authority, in terms of the Council’s Rule of Order 28 Bylaw, for the Head: Business Support, Tourism & Market to proceed with the intervention to approve six (06) months payment holiday for street Traders and Retail Markets in good standing affected by the Coronavirus pandemic, effective from 01 April 2020 to 30 September 2020, be noted, it being recorded that:


4.2.2 Council supports the intervention to approve, six (06) months business license fee waiver and rescind the 5% increment and implement 0% increment in the business licenses tariff for the financial year 2020/2021.

4.2.3 Council resolves that with effect from 01st of July 2020, no increase in tariff be applicable for Retail Markets, Itinerant Traders, Street Traders, Hive Sites and Containers.

Financial ImplicationsThe approval of six (06) month rental holiday for Informal traders and businesses affected by Coronavirus Pandemic is estimated to cost the Municipality R8 000 000.00 (Eight Million Rands) during 2020/2021 financial year, refer to data relating to income and expenditure reflected below:

Current Monthly Max

Six (06) Month Waiver

Retail Markets Monthly Max

Six (06) Month Waiver

Business Licensing Six (06) Months Waiver

CBID R152 308,72 R913 852,32 R116 488.80 R698 932.80 1080 license applicationsCoastal R108 035,90 R648 215,40

Upper North R61 877,23 R371 263,38Inner & Outer West

R125 138,40 R750 830,40

South R94 080,73 R564 484,38 R30 798.90 R184 793.40North R74 011,72 R444 070,32 R53 481.00 R320 886.00

TOTAL R3 692 716,20 R200 768.70 R1 204 612.20 R619 920

ADOPTED.

5. ETHEKWINI ECONOMIC RECOVERY PLAN (20/1/7/1)


That Council notes progress made on the following nine (09) pillars of the eThekwini Economic Recovery Plan:

Pillar 1: Monitoring the heath of the municipality and the economy Pillar 2: Facilitating the City’s share of national support Pillar 3: Re-starting the tourism sector Pillar 4: Supporting the rural, township and informal economy Pillar 5: Creating an extraordinary environment for construction and

infrastructure investment Pillar 6: Accelerating City procurement Pillar 7: Operationalizing the Socio-Economic Relief Fund Pillar 8: Ensuring Radical Economic Transformation Pillar 9: Building social coalitions and partnerships

Financial implications:The Economic Recovery Plan will cost the Municipality R586m which is made up as follows:

REVENUE CONTRIBUTIONWavering development application fees R29 MillionRental holiday for informal traders R3,6 MillionRe-categorization of B & Bs to Residential rates R3 MillionInvestment incentives R26 Million

OPERATING EXPENDITUREBudget re-prioritization as contribution into the relief fund R40 Million

CAPITAL EXPENDITURE R485 Million

NOTED.6. UPDATE ON CREDIT FACILITY AND SHORT-TERM OVERDRAFT (7/8/4)


The Executive Committee Members of the Democratic Alliance (03) abstained on the above matter to enable them to consult with their Caucus in the first instance. The Executive Committee Member of the IFP (01) dissented.

With the majority ANC (06) being in support,


6.1 That in terms of Section 45(3)(b) of the Municipal Finance Management Act, the Council’s credit and overdraft facilities portfolio with Nedbank, be approved to be increased to the total value of R1,5 Billion.

6.2 That the Accounting Officer be requested to report back to the Executive Committee on any further changes, as and when they may occur, however, if there are no further changes, the Accounting Officer will provide the next update as at 30 June 2021. ADOPTED, by the majority vote.

7. COVID-19 SPECIAL PAYMENT RELIEF (7/6/3/1)


7.1 That a Special COVID-19 interest relief be granted to customers who pay 50% of their arrear bill debt more than 90 days, excluding interest on or before 30 June 2020.

7.2 That the relief mentioned in 7.1 above, entails the write-off of all accrued interest on the bill of that customer and will apply to customers with debt of 90 days and older.

7.3 That subject to 7.2 above, eThekwini Municipality enters into a payment plan with all customers taking part in this relief scheme for the balance of the outstanding debt over a maximum period of twenty four (24) months with no interest.

7.4 That the relief scheme be effective from the date of the report until 30 June 2020.

7.5 That in the event a customer defaults on the arrangement, all interest written-off be re-instated.

7.6 That existing customers with a payment plan be afforded an opportunity to take part in the incentive as a once-off offering, such customers will have to make similar payment as stipulated in item 7.2 above.

Financial ImplicationsIf Council approves the proposal all interest on customer accounts that participate in this relief scheme will be reversed and written-off. The total value is unknown due to the fact of the customers taking up this offer is unknown, but it is estimated that an amount of R1 Billion will be written-off. The actual amount will be reported in the Section 71 Report to Council in July 2020.

ADOPTED.

8. DISCONNECTION OF GOVERNMENT PROPERTIES AND PARASTATALS (7/2/R and 7/6/3/1)



That Council notes progress made to recover outstanding amounts for Municipal fees owed by Government Departments and Parastatals, as outlined in the report of the City Manager dated 2020-05-18, and its synopsis is as follows:

(i) Disconnection notices have been issued where amount owed is due to be paid and, disconnection will be effected in the event there is no payment received on the date of disconnection.

(ii) Legal processes will be instituted where required, and a Report in this regard is being prepared for adoption by Council.

(iii) Disconnections in schools and hospitals for instance could have serious ramifications for the City, hence, ongoing negotiations are underway. A process to install prepaid meters in Section 21 schools is under pilot, while some hospitals are paying, but in some, payments are still being pursued.

(iv) Payment commitments have been made by other Departments and this will be monitored accordingly to ensure this is fulfilled.

(v) Some properties involving Department of Public Works and eThekwini Municipality are being handled in an amicable manner given the benefits for both parties as result of using properties for low-cost housing, but other debts not relating to this are being pursued.

(vi) Some Departments and Parastatals have paid, but the Municipality is still to reconcile records due to differences in payment and reporting timelines.

Financial ImplicationsNon-payment of accounts by Government and Parastatals has a huge negative impact because of huge amounts that are levied on their accounts. They have properties with huge values, and they also have bulk services in a number of their properties. Non-payment result in reduced cash flow for the Municipality not being able to render much needed services to the communities.

ADOPTED.

9. COVID-19 INTERVENTIONS TO INFORMAL SETTLEMENTS, HOSTLES, RENTAL STOCK, TEMPORAL RESIDENTIAL ACCOMMODATIONS AND MASS CARE CENTRES (22/8/2)

(Laid on Table)

The Committee received update on the COVID-19 interventions in relation to human settlements. It was thereafter requested that Radical Economic Transformation be taken into consideration when procuring hygiene items required for the COVID-19 pandemic.

The Executive Committee Members of the Democratic Alliance (03) abstained on this matter.


9.1 That Council notes update and progress of phase one (1) interventions, which included distribution of hygiene materials to the informal settlements; hostels; temporary residential accommodation; Council rental stock; and mass care centres.


9.2 That Council supports the collaborated efforts by the Provincial Departments of Human Settlements and Agriculture and the eThekwini Municipality to launch mass sanitization/disinfection at Kennedy Road informal settlement and to other twenty one (21) informal settlements.

9.3 That Council supports the implementation of Phase two (2) interventions to engage, through a procurement process, various service providers for mass sanitization/disinfection of the balance of the hostels; mass care centres; informal settlements; rental stocks; including R293, that are deemed to be hotspots and temporal accommodations.

Financial implications:The Economic Recovery Plan will cost the Municipality R586m which is made up as follows:

Excl VAT VAT Incl VATEstimated Contract Value R123 298 901.4 R18 494 835.21 R141 793 736.60Programme Management 0 0Contingencies R147 000.00 R22 050.00 R169 050.00Establishment ChargeDepartment WorksConsultant Fees R737 000.00 R110 550.00 R847 550.00EscalationOtherTotal Cost To Council R124 182 901.40 R18 627 435.21 R142 810 336.60

Funding is available from the declared projects that cannot spent during the last quarter and National Human Settlements authorized using USDG.

ADOPTED.

4. FOURTH REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON TUESDAY, 2020-05-26

_____________

1. DETERMINATION OF UPPER LIMITS OF SALARIES AND BENEFITS FOR MUNICIPAL COUNCILS (3/5/4)

The attention of Council is drawn to the fact that the above matter has previously been dealt with in terms of Rule of Order 28 and subsequently submitted to the MEC

for Cooperative Governance and Traditional Affairs as per the statutory requirement. The Executive Committee deliberated on the matter on 2020-05-19 and ratified the Rule of Order 28, by the majority vote. However, in terms of COGTA response, the matter could not be delegated but that it requires approval of full Council.

In terms of the determination, COGTA is recommending a 4% increase in respect of salaries and benefits for Councillors, provision of which had been made in the budget. The respective Executive Committee Members maintained the position taken on 2020-05-19, where some opposed such an increase in view of what they regarded as tough economic climate that the country is facing and, with the unemployment rate being high. The other Members supported the proposed increase, citing, amongst other things, the fact that at times Councillors utilised their monies to assist and support distressed communities in their Wards.

With contrary views being expressed, Members also maintained the vote cast on this matter where the Democratic Alliance (03) dissented on the matter and the majority ANC (06) supported the matter.


It should be noted that the IFP Member was absent in this meeting but that in terms of the vote of the previous meeting, the matter was supported.

Accordingly, with the majority members being in support,


1.1 That the decision taken by the Executive Committee on 2020-05-19 to note the Mayor’s approval of a 4% increase in the salaries, allowances and benefits of Councillors in respect of the 2019/2020 financial year, with effect from 2019-07-01, be rescinded.

1.2 That Government Notice No. 475 placed in Government Gazette No. 43246 dated 24 April 2020, be and is hereby noted.

1.3 That the Minister’s Determination of the upper limits of salaries, allowances and benefits as stipulated in Government Gazette No. 43246 dated 24 April 2020, recommending the 4% increase in the salaries, allowances and benefits of Councillors in respect of the 2019/2020 financial year, with effect from 2019-07-01, be approved.

1.4 That the provisions of Government Notice No. 475 be implemented at 100% of the upper limit.

1.5 That the concurrence of the MEC for Co-operative Governance and Traditional Affairs be sought prior to giving effect to item .3 above. ADOPTED, by the majority vote.

2. RENTAL HOUSING TARIFF ADJUSTMENT

There were dissenting views on the rental housing tariff adjustment as some Members were of the opinion that the 10% rental increase was not practical to implement given the challenges faced with the COVID-19 pandemic and the unemployment rate being high. Such Members also contended that the rental housing units were occupied by people who earned well.

Clarity was thereafter provided that the rental campaign still needed to be examined with the ownership campaign being resuscitated. That audits were being undertaken to regularise the issue of accommodation/regular tenants and who qualified to rent such dwellings.

With the Democratic Alliance (03) dissenting on the matter and with the majority of Executive Committee Members (06) supporting the recommendations, after having consulted with relevant stakeholders hereon,


2.1 That Council approves the implementation of 10% rental adjustment that was passed in October 2019 and was never executed, with this increase to now become effective from July 2020.


2.2 That subject to the approval of .1 above, Council approves a 0% rental adjustment for the year 2020/201 and prevent a double increase.


The proposed increase in rentals of 10% across the board will result in a revenue increase to approximately R37 Million per annum. The projected revenue increase will partially accommodate the increase in the operational expenditure for the year 2020/2021.ADOPTED, by the majority vote.

3. COMMUNITY RESIDENTIAL UNITS RENTAL REVIEW

The Democratic Alliance (03) dissented on the matter, with the majority ANC (06), supporting the recommendations, after having consulted with relevant stakeholders hereon,


That Council approves 10% rent increase for all ten (10) Community Residential Units (hostels) within the eThekwini Municipal area, for the financial year of 2020/2021, which increase is essential to maintain the operations and mitigate the effects of deficit on the Council’s budget.


The proposed 10% increase across all CRUs will result in a revenue increase. The projected revenue increase will partially accommodate the increase in the operational expenditure for the year 2020/21. ADOPTED, by the majority vote.

4. PROGRESS REPORT ON DISCIPLINARY CASES BACKLOG (4/7/1)

The Project Team is making strides to address backlog on disciplinary cases. A total of 146 formal and 72 informal cases have been finalized. Efforts are underway to render the Disciplinary Board more visible and the Terms of Reference thereof have been drafted and would be submitted to Council in due course. While criminal cases have been lodged with the South African Police Service, it should be noted that once the City Integrity and Investigations Unit determines that an investigation has unearthed potential fraud, the decision to hold employees criminally liable ultimately rests with the National Prosecuting Authority.

While appreciative of the progress made by the Project Team and the need to preserve confidential information, some Members were of the opinion that the report lacked transparency and thus did not contain any information that would enable Councillors to exercise their oversight role.

Nevertheless,


4.1 That in line with the Project Plan approved by Council on 2019-10-31, comprising commitments by the Project Team to address backlog on the disciplinary cases, Council notes progress made in implementing the Project Plan, as contained in the table below:


Category Backlog as at 31 October 2019

Resolved as at 29 February 2020

Pending

Formal Hearing 236 90 146Informal Hearing 100 72 28TOTAL 336 162 174

4.2 That the Acting City Manager submit a report to the Executive Committee on progress made to recover costs related to finalized cases, it being noted that the publishing of this information is in line with the eThekwini Municipality Anti-fraud Policy.NOTED.

5. APPROVAL OF ABSA TERM LOAN CESSION (7/3/1/1/2)

The Executive Committee was advised of ABSA’s intention to cede, delegate and assign all or any of its rights and obligations under the existing 15-year term loan obtained from ABSA in 2011.

Being in agreement,


5.1 That approval be granted for the amendment of the existing agreement between eThekwini Municipality and ABSA Bank, signed in 201, in relation to the 15-year loan, to enable the ceding of the loan substantially on the basis of the draft loan agreement, attached to the report of the Acting City Manager dated 2020-03-16, and it being recorded that the original terms and conditions of the loan remain the same.

5.2 That subject to the approval of .1 above, authority be granted for the City to sign the amended loan agreement.

5.3 That subject to the approval of .1 above, authority be granted to the City Manager to sign the Transfer Certificate.ADOPTED.

6. REVISION OF APPROVED BUDGET 2019/20 FOR COVID-19 SPECIAL RATES RELIEF (7/1/2/1)

In an endeavour to allow for special rates relief to be granted to certain identified category of owners, to ensure their sustainability until the COVID-19 lockdown is relaxed to an Alert Level 3, approval is therefore being sought for the revision of the approved 2019/2020 annual budget in terms of Section 28(1) of the Local Government: Municipal Finance Management Act.

Being in concurrence


6.1 That Council approves the granting of Special COVID-19 rates relief to the following categories of businesses that are critical to the continued sustainability of the tourism industry:

(i) Bed & Breakfast Establishments(ii) Guesthouses


6.2 That subject to the adoption of .1 above, the criteria for Special COVID-19 rates relief shall be determined as follows:

(a) An application for rates relief must be made in the prescribed form attached Annexure A to the Chief Financial Officer on or before 30 June 2020;

(b) A property owner shall quality for rates relief in a percentage to a maximum of the percentages as indicated in the table below:

Bed & Breakfast Rebate 64%

Guesthouses Rebate 64%

(c) Relief to property owners in .2 above, is set at 64% which is 14% and 39% respectively of their current rates payable;

(d) In the case of multiple use properties, rates relief will apply only to the applicable rates categories allocated to the qualifying uses in question, as reflected in the evaluation roll;

(e) Properties registered in the name of or owned by the State, either partially or wholly, will not qualify for rates relief;

(f) Rates relief will terminate on the last day of the month immediately following the month in which the COVID-19 lockdown is relaxed to an Alert Level 3 Determination or a lower Determination in terms of the Disaster Management Act, 2002, whichever event occurs soonest;

(g) A property owner must be able to demonstrate by means of supporting documentation to the satisfaction of the Chief Financial Officer or his delegate in terms of the approved Systems of Delegations that it has suffered and continues to suffer more than 60% revenue loss; and

(h) Upon termination of the financial year 2019/2020, a property owner shall be eligible for such rates relief as may be determined by the Council for the financial year 2020/2021, subject to compliance with the qualifying criteria.

6.3 That subject to the adoption of .1 and .2 above, the draft Application form for Special COVID-19 rates relief, attached as Annexure “A” in the report of the Acting City Manager dated 2020-05-15, be approved.

6.4 That subject to the adoption of .1, .2 and .3 above, revenue foregone for the period 01 April to 30 June 2020, be included in the special adjustment budget for 2019/2020.

6.5 That a report be submitted to Council in due course, when circumstances change to justify consideration of termination of the Special COVID-19 rates relief.ADOPTED, by the majority vote.


7. AMENDMENT TO DRAFT RATES POLICY 2020/21 (7/2/P)

In view of submissions being received during the statutory budget consultation process as well as the impact of COVID-19 Lockdown, there is a need to undertake further amendments to the draft 2020/2021 Rates Policy which was tabled together with the draft Annual Budget for 2020/21.

While members of the Executive Committee noted the submission and the impact the amended policies will have on how the eThekwini Municipality derives revenue, the Democratic Alliance indicated that they would abstain from the matter with a view to discussing the policy with Members of its caucus in the first instance and subsequently give comments on the matter during the Council’s tabling of the budget.

Thereafter,


7.1 That the proposed further amendments to the Rates Policy for the 2020/2021 financial year, emanating from the statutory budgetary consultation process, as well as the unique circumstances arising from COVID-19 Lockdown, as outlined in the report of the Acting City Manager dated 2020-05-07, be approved, and the amendments relates to the following aspects:

(i) Clause 7.7.2 to specify rates rebate for Student Accommodation and the criteria to be followed for this purpose.

(ii) Clause 7.11 to give Council powers to determine properties to be eligible for rebate in the event of the declaration of disaster in terms of the Disaster Management Act No. 57 of 200.

7.2 That subject to the adoption of .1 above, the Draft Rates Policy, as further amended (Reference: eThekwini Municipality Rates Policy 2020/2021 – Draft 2: 7 May 2020) and attached to the report of the Acting City Manager dated 2020-05-07, be adopted for implementation in the 2020/21 year.ADOPTED during Budget meeting held on 29-05-2020.

8. RATIFICATION OF RULE OF ORDER 28 REPORT: REPRIORITIZATION OF DEVELOPMENT PLANNING UNIT BUDGET TO FASTRACK IMPLEMENTATION OF ONLINE SYSTEMS FOR SUBMISSION OF DEVELOPMENT APPLICATIONS


8.1 That in view of the urgency to kickstart the implementation of an online system for the submission of development applications in line with the objectives of the eThekwini Economic Recovery Plan, the actions of the Acting City Manager, in consultation with His Worship the Mayor, to grant authority, in terms of Rule of Order 28(1)(b) Bylaw, for the 2019/2020 Capital budget of the Development Planning, Environment & Management Unit not exceeding R5 954 000.00 (Five Million Nine Hundred and Fifty Four Thousand Rand) excluding VAT to be


reprioritized, as outlined in the report of the Acting City Manager dated 2020-05-11, be noted, it being recorded that:

8.1.1 the procurement of the required computer hardware, software and related equipment be initiated on an urgent basis, it being noted that budget availability has been confirmed by the Deputy City Manager: Finance in line with the requirement of Rule of Order 28(2).

8.1.2 the Head: Information Management Unit (Chief Information Officer) as well as the Chief Digital Officer, be directed to dedicate resources to support the implementation of the proposed online system on a priority basis.

8.1.3 further budget allocation that may be required for enhancements to the online system be determined for consideration during the 2020/2021 mid-term budget adjustment period.

FC No.: 2020/18/60 Provided 2019/2020 financial yearADOPTED.

9. RATIFICATION OF RULE OF ORDER 28 REPORT : AUTHORITY TO USE DURBAN EXHIBITION CENTRE AS A FIELD HOSPITAL


9.1 That in view of the eThekwini Municipal Council only scheduled to convene on 28 May 2020 and the urgency to deal with the setting up of a field hospital at the Durban Exhibition Centre, the actions of the City Manager, in consultation with His Worship the Mayor, to grant authority, in terms of Rule of Order 28(1)(a) Bylaw, to use the Durban Exhibition Centre as a field hospital on a temporary basis, be noted.

9.2 That it be recorded that the Inkosi Albert Luthuli International Convention Centre will enter into a contract with the Provincial Department of Health regarding the use of the Durban Exhibition Centre as the field hospital, which will include a requirement that the facility is restored to its original condition at the end of the period, and that they undertake deep cleaning in an effort to mitigate the spread of the Coronavirus.ADOPTED.

10. RATIFICATION OF RULE OF ORDER 28 REPORT : TOWN PLANNING SCHEME AMENDMENT

While noting the concerns raised relating to the effect the implementation of the proposed amendments to the Central North, South, Inner West and Outer West Land Use Scheme and the impact the aforementioned amendments would have on the affected neighbourhoods, the Deputy City Manager: Economic Development and Planning assured members that the responsible Unit will be diligent in their enforcement of Municipal By-laws and address any challenges that may arise.



10.1 That in view of the eThekwini Municipal Council not convening its meetings, as per the requirements of the Covid-19 Regulations, and urgency to process the required Land Use Scheme changes, the actions of the Acting City Manager, in consultation with His Worship the Mayor, to grant authority, in terms of Rule of Order 28(1)(b) Bylaw, read in conjunction with Section 46 of the eThekwini Municipality Planning and Land Use Management By-law 2016, for the amendment to the Central North, South, Inner West and Outer West Land Use Schemes by amending Section 1; Clause 1.13:Sub-Clause 1.13.1 to increase the number of days for the temporary use from 28 to 52 days as well as to allow for the temporary use to be extended where warranted, with the permission of the Head: Development Planning, Environment and Management Unit, be noted, it being recorded that:

10.1.1 in terms of Section 14 (2) of the Planning and Land Use Management By-law 2016, the proposed Scheme amendment be released for public participation.

10.1.2 on conclusion of the public participation process, the Central North, South, Inner West and Outer West Land Use Schemes be further refined and submitted to Council

for adoption.NOTED.

11. RATIFICATION OF RULE OF ORDER 28 REPORT : REQUEST TO DISBURSE FUNDING TO DURBAN MARINE THEME PARK (USHAKA MARINE WORLD)


11.1 That in view of the eThekwini Municipal Council not convening its meetings, as per the requirements of the Covid-19 Regulations, and the urgency to disburse funding to the Durban Marine Theme Park to ensure it functions as a going concern, the actions of the City Manager, in consultation with His Worship the Mayor, to grant authority, in terms of Rule of Order 28(1)(b), for funds to be disbursed to the Durban Marine Theme Park, in the amount of R23 000 000.00 (Twenty Three Million Rand), at the end of June 2020, be noted.

11.2 That it be recorded that funding will be made available from savings realized due to under-expenditure that will be incurred owing to measures instituted due to the COVID-19 pandemic.NOTED.

12. FEEDBACK REPORT ON 2019 UNITED CITIES LOCAL GOVERNMENT CONGRESS

Members appreciated the economic impact as a result of the United Cities Local Government (UCLG) Congress and implored officials to ensure that the commitments made towards the funding of the congress at the planning stage, especially those made by South African Local Government Association and the Ministry of Cooperative Governance and Traditional Affairs, be honoured.



12.1 That Council notes the final costs associated with the hosting of the United Cities Local Government (UCLG) Congress, in the amount of R30.65 Million, which expenditure is within the approval of R31.4 Million granted by Council in May 2019 for this Congress.

12.2 That subject to .1 above, Council makes representation to SALGA and COGTA to expedite the transfer of an amount of R10 000 000.00 (Ten Million Rand)that was committed for the World Congress.

12.3 That the Strategy Office hold a briefing session with the Office of the Mayorto highlight areas of collaboration between eThekwini Municipality and UCLG.

12.4 That the Strategy Office provide quarterly reports on the UCLG Activities and update on the commitments made by the Municipality to UCLG.

12.5 That a Communication Strategy and Plan be developed to ensure that senior officials are made aware of the Sustainable Development Goals (SDGs), so that the SDG targets can be incorporated into departmental projects and Strategy should include referencing of SDGs in Mayoral speeches, editorials, communication inserts and Stratman seminars.

12.6 That SDGs be acknowledged as one of the strategic approaches to development at Municipal Strategic Planning sessions for new budget and Integrated Development Plan processes.

12.7 That Strategy Office prepare a high-level Report for the Mayor of eThekwini to forward to the Mayor of Buenos Aires, the incoming co-chair of the Urban Strategic Planning Committee, to welcome him and provide an update on the progress of the Urban Strategic Planning (USP) Committee.NOTED.

13. FEEDBACK REPORT ON 2019 GLOBAL MAYORS SUMMIT


That it be noted:

13.1 That the Global Parliament of Mayors (GPM) is a relatively young international organization, having only been established as a legal entity during 2017.

13.2 That the GPM is an addition to the almost 300 other regional and international local government/city networks and will need to uniquely position itself to minimize competition, identify complementarities and encourage collaboration.

13.3 That its strength lies in the fact that it is one of very few international organisations that brings together Mayors and Cities to discuss and address the various issues they face directly at a local government level. The GPM could therefore serve as an important political lobby group/ influencer in the various national, regional and international platforms on matters relating to local government.

13.4 That although there were over 200 participants at the GPM Summit in Durban, the majority were not formally registered members of the GPM. The GPM


Secretariat is hopeful that the number of registered members will increase substantially post the Durban Summit.


13.5 There was very poor attendance from municipalities in KwaZulu-Natal, and South Africa as a whole. This could be perhaps be attributed to either a lack of knowledge of the GPM or the availability of time (or both), especially as a number of Mayors from South Africa were already committed to attending the UCLG Conference which followed for 4 days immediately after the GPM Summit.

13.6 That whilst there was a fair attendance of Mayors from a number of countries in the rest of Africa, this was concentrated to a limited number of countries such as Uganda, Mozambique, DRC, Zimbabwe and Gambia.

13.7 That the roles and responsibilities of Mayors differ from country to country in some cases substantially, and this will impact on the ability of Mayors within their respective countries to play the lobby / influencer role in platforms that have a presence in the international space.

13.8 That the GPM, in its current form, may therefore not be an effective vehicle for all Mayors, especially in countries where decentralization and / or democracy has not taken root.

13.9 That it was suggested that establishment of regional hubs would make the GPM more accessible to its members and assist in strengthening local government and decentralization in general. A proposal was made during the session on Multilevel Governance, more especially from representatives from African municipalities, for the establishment of regional hubs of the GPM and for the eThekwini Municipality to host the secretariat for the Africa hub of the GPM.

13.10 That the municipality could perhaps consider whether organisations such as UCLGA, the Africa section of UCLG, or SALGA may be better placed and / or inclined to house the Secretariat. If not, the eThekwini Municipality should give serious consideration to the proposal to further advance the local government agenda in Africa.NOTED.

14. BUDGET STATEMENT REPORT AS AT 30 APRIL 2020


That the Budget Statement Report for the month ended 2020-04-30, submitted by the Acting City Manager as per his report dated 2020-04-21, in compliance with Section 71 of the Municipal Finance Management Act 56 of 2003 and Section 28 of the Municipal Budget and Reporting Regulations, in terms of Government Notice 32141 dated 17 April 2009, relating to the “Local Government: Municipal Finance Management Act 2003, be noted.NOTED.

15. REVISED SUPPLY CHAIN MANAGEMENT POLICY, 2020

It was noted that a further report dealing with issues of Radical Economic Transformation (RET) Policy and Framework, reflecting targets, would be submitted in due course.

With Executive Committee Members of the Democratic Alliance (03) abstaining on the matter to enable same to be considered by their Caucus in the first instance,



That the revised Supply Chain Management Policy 2020 be formally adopted for immediate implementation, it being recorded that the amendments relate to the following:

3.1: Bid documentation for competitive bids3.2: Procurement of goods and services under contracts secured by another

organ of state3.3: Appointment of Consultants3.4: Disposal Management3.5: Objections and Complaints3.6: Performance Monitoring of Service Providers3.7: Blacklisting Regulations3.8: Special Deviation from SCM PolicyADOPTED during Budget meeting held on 29-05-2020.

16. DURBAN POINT DEVELOPMENT COMPANY (PTY) LTD RATES DEFERMENT (7/2/2)

While some members raised concerns over the length of the proposed deferment and the impact the aforementioned impact could have on the rates revenue, it was clarified that as the land was partly owned by the eThekwini Municipality, it would not be sound administrative practice for an organization to charge rates unto itself. Members emphasized that there was political will to ensure that interventions were placed to ensure that businesses of all sizes adversely affected by the COVID-19 pandemic are able to create jobs and sustain the economy of the City.

With the Democratic Alliance (03) dissenting, and the majority African National Congress being in support,


That Council approves the rates deferral period for properties registered in the name of the Durban Point Development Company (Pty) Ltd (DPDC), that are responsible for the Point Waterfront redevelopment, for a further 5 years, it being recorded that the new rates deferral period will be with retrospective effective from 01 July 2019 to 30 June 2024.ADOPTED, by the majority vote.

17. RESUMPTION OF CREDIT CONTROL AND DEBT COLLECTION PROCESSES

In an endeavour to improve the collection rates of the Municipality it has become necessary to revoke the decision not to disconnect services with effect from 2020-07-01. However, such disconnections would be undertaken in a responsible manner with all past interest accrued written off and the application of the Indigent Policy. Arrangements would be made for consumers to pay and only long-term loans would require a down payment.


Some Executive Committee Members, whilst understanding the need to improve the collection rates of the Municipality, expressed concern that some consumers had lost their jobs and were not earning a salary. It was contended that the writing off interest would not assist as people would be further indebted. The point was also made that bills were estimated, and disconnections would take place on estimated bills.

Whist the sentiments expressed were noted the majority of the Councillors advised of the need to act in in accordance with the directive from the Minister of COGTA and National Treasury to continue with the collection of revenue and those who are unable to pay would be assisted via the Indigent Policy.

With the Democratic Alliance (03) dissenting, and the majority African National Congress being in support,


17.1 That the support and relief already implemented for customers during the period of the Covid-19 pandemic, be noted.

17.2 That the decision of Council not to disconnect services and raise interest be revoked with effect 1 July 2020.

17.3 That the resumption of credit control and debt collection, including disconnection of services, as from 01 July 2020, be approved, it being noted that the lifting of the Disaster Management Lockdown Regulations will provide an opportunity for the revival of the economy.

17.4 That the levying of interest on arrears as from 1 July 2020, be approved.ADOPTED, by the majority vote.

18. REPORT ON COVID-19 AND FACILITATE PLANS ON ECONOMIC RECOVERY PLAN: WAIVER OF DEVELOPMENT APPLICATION FEES FOR 2020/2021


18.1 That Council resolves to waive the Planning Sector tariffs for the 2020/2021 financial year in order to give effect to the intentions of the eThekwini Economic Recovery Plan, effective 1 July 2020.

18.2 That subject to the adoption of .1 above, the Council resolution dated 26 March 2020, in relation to the adoption of the draft Planning Sector tariff 2020/2021, be rescinded. ADOPTED.

_____________


5. FIFTH REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD ON FRIDAY, 2020-05-29

_____________

1. APPROVAL OF 2020/21 BUILT ENVIRONMENT PERFORMANCE PLAN (21/5/1)

(Circulated as part of Budget Document)

Members of the Democratic Alliance (03) and the Inkatha Freedom Party (01) abstained on this matter at this stage until the matter is tabled before their respective Political Party Caucuses.

With the majority African National Congress (06) being in support,


1.1 That, as per the requirement in terms of Section 14 of the Division of Revenue Bill 2019, Council approves the 2020/21 Built Environment Performance Plan (BEPP) developed to prioritise and integrate planning of key sectors and co-ordinates budgets for long-term spatial transformation and inclusivity facilitating economic growth and improved service delivery.

1.2 That detailed engagement be undertaken with the relevant Municipal structures with a view to unpack BEPP in detail, integrating key Municipal programmes and preparing for the development of the 2020/2021 BEPP and Budget process.ADOPTED during Budget meeting held on 29-05-2020.

2. APPROVAL OF FINAL DRAFT 2020/21 INTEGRATED DEVELOPMENT PLAN (2/10/1/1/9)

(Circulated as part of Budget Document)

Members of the Democratic Alliance (03) and the Inkatha Freedom Party (01) abstained on this matter at this stage until the matter is tabled before their respective Political Party Caucuses.

With the majority African National Congress (06) being in support,


That Council adopts the 2020/21 Integrated Development Plan (IDP) of the eThekwini Municipality reviewed in line with the requirements of the Municipal Systems Act No. 32 of 2000 to facilitate inclusive transformational and developmental issues within the eThekwini Municipal area, and it being recorded that inputs received from stakeholders have been taken into account in finalizing the IDP.ADOPTED during Budget meeting held on 29-05-2020.


_____________

5. REPORT OF THE MUNICIPAL PUBLIC ACCOUNTS COMMITTEE

_____________

Council ADOPTED the recommendations of the Municipal Public Accounts Committee (Unauthorised, Irregular, Fruitless and Wasteful Expenditure (UIFW) for the quarter ended 30 September 2019) as contained in the Council Agenda.

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

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

Councillor C Bhengu : 2020-06-04 Personal CommitmentsCouncillor M Johnson : 2020-06-04 Personal CommitmentsCouncillor M Kaunda : 2020-06-04 Personal CommitmentsCouncillor D Murcel : 2020-06-04 Personal CommitmentsCouncillor X Nala : 2020-06-04 Personal CommitmentsCouncillor F Peer : 2020-06-04 Personal CommitmentsCouncillor BW Phewa : 2020-06-04 Personal Commitments

City Administration: Secretariat04 June 2020

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