Minutes Council meeting 30 March 2017 · 45. Pretorius GC 46. Roos AC 47. Selowa D 48. Senkubuge SL...

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COUNCIL MINUTES FOR APPROVAL AT THE 4

TH COUNCIL MEETING OF THE CITY OF

TSHWANE METROPOLITAN MUNICIPALITY (FOURTH TERM OF THE CITY OF TSHWANE), TO BE HELD ON 25 MAY 2017 AT 10:00

Council Meeting of the City of Tshwane Metropolitan Municipality held on 30 March 2017 at 10:00

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MINUTES of the Council Meeting of the

CITY OF TSHWANE METROPOLITAN MUNICIPALITY

(FOURTH TERM OF THE CITY OF TSHWANE)

held in the Council Chamber, Sammy Marks Conference Centre, cnr Lilian Ngoyi and Madiba Streets, Pretoria, on THURSDAY, 30 MARCH 2017 at 10:00

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COUNCILLORS PRESENT: COUNCIL MEETING: 30 MARCH 2017 DA :

PROPORTIONAL 1. Msimanga ST (Executive Mayor) 2. Mathebe RK (Speaker) 3. Van den Heever CM (Chief Whip of

Council) 4. Barendrecht JW 5. Bosch C 6. Brink C 7. De Jager LJ 8. Dhlamini SO 9. Ditabo DD 10. Fourie M 11. Griffiths JL 12. Helfrich WP 13. Jansen J 14. Kgobane T 15. Khumalo ZC (Absent) 16. Lee TW 17. Louw E 18. Maake MR 19. Maas S 20. Mabena TW 21. Mabunda L 22. Maimane SS 23. Makgaleng KG (Apology) 24. Makhafula MA 25. Meyer K 26. Meyer CA 27. Millar PE 28. Mkhari M

29. Moheta RB 30. Mohlamme T 31. Mokhotho NL 32. Molapo N 33. Moreriane OT 34. Moss D 35. Mostert W (Apology) 36. Motau LG 37. Motsaneng S 38. Mtimkulu M 39. Napier CJ (Prof) 40. Ndlovu JZ 41. Nkomo TM 42. Nkosi K 43. Nortje HJ 44. Peach WD 45. Pretorius GC 46. Roos AC 47. Selowa D 48. Senkubuge SL 49. Shackleton MS 50. Thwala DS 51. Vilakazi TC 52. Wannenburg DG 53. Weber H 54. Williams RM

WARD 55. Aucamp, MGW (Apology) 56. Bekker CF 57. Billson C 58. Botha EAL 59. Breytenbach AS 60. Chapman B 61. Coetzee JJ 62. De Bruin C 63. Du Plooy J 64. Duvenage Y 65. Farquharson DJ 66. Fourie RP 67. Kruger-Muller M 68. Lawrence BW 69. Linde E 70. McDonald CN 71. Middelberg LR

81. Sutherland M 82. Sutton P 83. Tau AM 84. Uys J 85. Uys R 86. Van Buuren JG 87. Van Heerden PW 88. Van Niekerk AM 89. Van Wyk FW 90. Visser GP 91. Wakelin KH 92. Welmans LJ 93. Wilkinson S

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72. Muller S 73. Nel E 74. Nel PA 75. Pienaar CF 76. Pietersen IJ 77. Prinsloo CD (Adv) 78. Smith FJ 79. Strange MI 80. Strijdom CE

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ANC:

PROPORTIONAL

1. Boshomane MJ 2. Kekana RJ 3. Ledwaba DC Lekgema PL 4. Mabitsela MM 5. Mabona SJ 6. Mabusela TE 7. Makgatho JT 8. Makhubela LE 9. Mashego RT 10. Matlala LS 11. Mathafa OS 12. Matjila MG 13. Matsena MD 14. Matshiyane MMS 15. Mojela DL 16. Morudu MGR 17. Mosupyoe-Letsholo AWMK 18. Ndlovana AA 19. Nhlapo EN 20. Tyobeka-Makeke NP

WARD

21. Aphane IM 22. Baloyi JK 23. Baloyi JJ 24. Boroto AS 25. Celiphile M 26. Chiloane EP 27. Dinale AL 28. Dhlamini SF 29. Essop M 31. Hlatshwayo PB 32. Kgatle TF 33. Lehobye DJ (Absent) 34. Mabelane VP 35. Magodielo TK 36. Mahlangu TF 37. Mahwayi MM 38. Maila ST 39. Maja SD 40. Makola MA 41. Maleka RR 42. Maluleka AM 43. Mampuru SF 44. Mantjane MA 45. Marishane MS 46. Masango V 47. Maselane SE (Absent)

71. Ngobeni JM 72. Nkosi FE 73. Ntlatleng WT 74. Phahlane AK 75. Qebelu SN 76. Rallele M 77. Rammushi JP 78. Rangako TM 79. Rasegoete MM 80. Ringane MB 81. Sedibeng SL 82. Sebotsane MP 83. Skhosana MN 84. Sindane JM 85. Siphutuma BT 86. Thema FM 87. Tsela CD (Apology) 88. Tshabalala ES 89. Zitha PB

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48. Maseko PL 49. Masemola CS 50. Masemola VI 51. Mashapa MA 52. Mashola MS 53. Masilela JK 54. Masilela JW 55. Masupha NR 56. Mathe DM 57. Mathenjwa NL 58. Matjene MH 59. Meme MN 60. Mlotshwa EM 61. Mokgalotsi NA 62. Mokhare JN 63. Molaba PF 64. Moloi ED 65. Montlha SP 66. Motaung TB 67. Mphaga IS 68. Mulaudzi LG 69. Mutumane ED 70. Ndlovu NGJ

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EFF:

PROPORTIONAL

1. Chauke SR 2. Disoloane KB 3. Kgwedi DI 4. Lekgothoane JL 5. Letlonkoene TK 6. Maboa PP 7. Mabogwana MO 8. Machaba NE 9. Mafole K 10. Manaka PN 11. Masemola AT 12. Masilela L 13. Masoleng MA 14. Matjie LA 15. Mathebula HN 16. Mazwi KC 17. Mhlongo NM 18. Mnguni NP 19. Mogale TP

20. Moyana MM 21 Phukuile B 22. Ramabodu OS 23. Sibiya JN 24. Tshabane SB 25. Tuwani T

FF +:

PROPORTIONAL 1. Erasmus, LA 2. Erasmus, BHJ 3. Du Plooy IP 4. Uys, PD

ACDP:

PROPORTIONAL 1. Kissoonduth, A

COPE:

PROPORTIONAL 1. Nkwane, S

PAC:

PROPORTIONAL 1. Lekgoathi, LJ

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REPRESENTATIVES FROM THE TRIBAL AUTHORITIES 1. AmaNdebele Ba Lebelo

M Malinga

2. AmaNdebele wakwa Ndzundza Sokhulumi

KE Nakedi

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 30 MARCH 2017 Order of business of the Council Meeting convened in terms of Section 2.C(1) of the Rules and Orders: INDEX Pages A. OPENING: PRAYER OR MEDITATION ………………………….. 16 B. APPLICATIONS FOR LEAVE OF ABSENCE …………………….. 17 C. OFFICIAL NOTICES ……………………………….…………….….. 18 D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER

PROPOSALS ALLOWED BY THE SPEAKER ………………….. 19-23 E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS

COUNCIL MEETING ……………………………………………….…. 24 F. REPORTS TO THE COUNCIL ……………………………………. 25

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F. REPORTS TO THE COUNCIL

(a) REPORTS OF THE EXECUTIVE MAYOR (i) RECOMMENDATIONS TO COUNCIL

PART VI(A): FROM THE MAYORAL COMMITTEE MEETING: 20 MARCH 2017

INDEX PAGES

(The recommendation appears on the page indicated in brackets) 1. City Strategy and Organisational Performance Department

Report on the tabling of the Draft 2017/21 Integrated Development Plan (IDP) (From the Mayoral Committee: 20 March 2017)………………………. 26

2. Group Financial Services Department

(Budget Office) Pre-Community Consultation Budget – Draft 2017/18 Medium-Term Revenue and Expenditure Framework for the City of Tshwane (From the Mayoral Committee: 20 March 2017)………………...…….. 27

PART I: FROM THE MAYORAL COMMITTEE MEETING: 7 DECEMBER 2016 3. Community and Social Development Services Department

Feedback of the research report on Homelessness and the request for approval for the review of the current City of Tshwane Homelessness Policy and approval for the Draft Street Homelessness Policy (From the Mayoral Committee: 7 December 2016 and Council: 26 January 2017) ………………………………………………………… 28

PART II: FROM THE MAYORAL COMMITTEE MEETING: 18 JANUARY 2017 4. Emergency Services Department

(Disaster Management) 2015/16 Annual Report to the Gauteng Disaster Management Centre (From the Executive Committee: 5 December 2016, the Joint Mayoral Committee Clusters: 11 January 2017 and the Mayoral Committee: 18 January 2017) ……………………… 29

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5. City Planning and Development Department (City Planning)

Application in terms of Section 28(1) of the Town Planning and Townships Ordinance, 1986 (Ordinance No. 15 of 1986) for the Amendment of the Tshwane Town-Planning Scheme, 2008 (From the Strategic Land Development Tribunal: 25 November 2016 and the Mayoral Committee: 18 January 2017) ………………………………………………………… 30-31

6. City Planning and Development Department (City Planning)

Application in terms of Section 28 of the Town-Planning and Townships Ordinance, 1986 (Ordinance 15 of 1986) for the amendment of the Tshwane Town-Planning Scheme, 2008: Erven 499, 500, 505, 506, 511, 512 and 599, Hatfield (From the Strategic Land Development Tribunal: 25 November 2016 and the Mayoral Committee: 18 January 2017) ………………………………………………………..…. 32

7. Corporate and Shared Services Department

Deployment of Council Representatives to serve on South African Local Government Association (SALGA) Human Resources Working Group, Local Labour Forum (LLF) and the South African Local Government Bargaining Council (SALGBC) (From the Executive Committee: 7 November 2016, the Joint Mayoral Committee Clusters: 11 January 2017 and the Mayoral Committee: 18 January 2017) …………………….… 33-35

PART III: FROM THE MAYORAL COMMITTEE MEETING: 1 FEBRUARY 2017 8. Community and Social Development Services Department

Report on the promulgation of the reviewed Health By-law for the Keeping of Animals, Birds and Poultry (From the Executive Committee: 5 December 2016 and the Mayoral Committee: 1 February 2017)……………………………………. 36

PART IV: FROM THE MAYORAL COMMITTEE MEETING: 15 FEBRUARY 2017 9. Group Human Capital Management Department

Revised International and National Travel Policy (From the Executive Committee: 5 December 2015 and the Mayoral Committees: 7 December 2016, 18 January and 15 February 2017)………………………………………………………… 37-39

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10. Group Property Department Proposed registration of servitudes over Portion 34 of the farm Witkoppies 393 JR (From the Executive Committee: 12 September 2016 and the Mayoral Committees: 21 September 2016 and 15 February 2017)……………………………………………… 40-41

11. Group Property Department

Proposed lease of air right over portion of Philadelphia Road adjacent to Erven 1590 and 1709 Pretoriuspark Extension 23 (From the Executive Committee: 13 February 2017 and the Mayoral Committee: 15 February 2017)…………………………… 42-43


Proposed transfer of a portion of Philadelphia Road in exchange of the remainder of Portion 525 and the remainder of Portion 498 of the farm Garsfontein 374-JR (From the Executive Committee: 19 September 2016 and the Mayoral Committees: 21 September 2016 and 15 February 2017)……………………………………………… 44-45


Proposed transfer of Erf 2947 Stinkwater Extension 2 (From the Executive Committee: 24 October 2016 and the Mayoral Committee: 15 February 2017)………………………… 46-47


Proposed transfer of the proposed Portion 1 of Erf 3706 Olievenhoutbos Extension 23 to the Gauteng Provincial Government (From the Executive Committee: 3 October 2016 and the Mayoral Committee: 15 February 2017)………………………… 48-49

15. Economic Development and Spatial Planning Department

Tshwane Rapid Bus Transit (TRBT): Spatial Development Framework for Line 2 A: Central Business District (CBD) to Hatfield (From the Executive Committee: 16 January 2017 and the Mayoral Committee: 15 February 2017)……………………… 50

PART V: FROM THE MAYORAL COMMITTEE MEETING: 9 MARCH 2017 16. Environmental and Agricultural Management Department

Acquisition of servitude under the ownership of Quantidev (Pty) Ltd portion of the farm Sterkwater 108-JR (From the Executive Committee: 13 February 2017 and the Mayoral Committee: 9 March 2017)………………………………… 51

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17. Housing and Human Settlement Department Request for Power of Attorney for Portion 34 (a portion of Portion 19 of the farm Oog Van Boekenhoutkloof 288-JR and the Remainder of Portion 19 of the farm Oog Van Boekenhoutkloof 288-JR (From the Executive Committee: 6 March 2017 and the Mayoral Committee: 9 March 2017)……………………………… 52

18. Group Property Department Transfer of portion of Erf 221 Ga-Rankuwa Industrial

(From the Executive Committee: 12 September 2016 and the Mayoral Committees: 21 September 2016 and 9 March 2017)…………………………………………………… 53-54

19. Group Property Department Proposed registration of servitude over Portion 1, 6 and 12 of the farm Rietvallei 377-JR (From the Executive Committee: 19 September 2016 and the Mayoral Committees: 21 September 2016 and 9 March 2017)……………………………………………………. 55-56


(Supply Chain Management) Irregular expenditure incurred up to 30 June 2016 (From the Executive Committee: 6 March 2017 and the Mayoral Committee: 9 March 2017)…………………………… 57-58

PART VI: FROM THE MAYORAL COMMITTEE MEETING: 20 MARCH 2017 21. Economic Development and Spatial Planning Department

Approval and implementation of the Tshwane Market By-law (From the Executive Committee: 6 March 2017 and the Mayoral Committee: 20 March 2017)……………………….…..... 59


(Corporate Property and Logistical Services) Proposed transfer of a portion of Erf 628 Soshanguve Block T to the Gauteng Provincial Government (From the Executive Committee: 7 March 2017 and the Mayoral Committee: 20 March 2017)…………………… 60-64


(Supply Chain Management) Deviations from Tenders approved for the period July 2016 to February 2017, 2016/17 financial period (From the Mayoral Committee: 20 March 2017)………… 65-66


Grants and subsidies progress report for the period ended 28 February 2017 (From the Mayoral Committee: 20 March 2017)………… 67

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25. Group Financial Services Department Municipal Finance Management Act (MFMA) In-year financial report (monthly budget statement) for the period ending 28 February 2017 (From the Mayoral Committee: 20 March 2017)………………… 68-69


Write-off of Debt on Insolvent Estate Accounts (From the Executive Committee: 7 March 2017 and the Mayoral Committee: 20 March 2017)……………………………… 70

27. Group Financial Services Department (Financial Reporting and Assets) Consolidated Municipal Asset Disposal Plan (From the Executive Committee: 7 March 2017 and the Mayoral Committee: 20 March 2017)…………………………… 71

28. Utility Services Department

Proposed Embedded Generation Policy to support and formalise procedure for installations within the City (From the Executive Committee: 7 March 2017 and the Mayoral Committee: 20 March 2017)……………………………… 72-73

29. Group Legal and Secretariat Services Department

Extension of time to comply with the suspensive condition to rezone the properties and to obtain the approval of the Heritage Council: Oeverzicht Site, Sunnyside (From the Mayoral Committee: 20 March 2017)………………..… 74

(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURES A, A.1 AND A.2)

A. RESOLUTIONS OF THE MAYORAL COMMITTEE: 7 DECEMBER 2016 ………………………………………… 75

A.1 RESOLUTIONS OF THE MAYORAL COMMITTEE: 18 JANUARY 2017 …………………………………………… 75

A.2 RESOLUTIONS OF THE MAYORAL COMMITTEE:

1 FEBRUARY 2017 ………………………………………… 75

(b) REPORTS OF OVERSIGHT AND STANDING COMMITTEES REPORTING DIRECTLY TO THE COUNCIL (i) RECOMMENDATIONS TO THE COUNCIL …………….. 76-103

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(b)(ii) RESOLUTIONS BY OVERSIGHT AND STANDING COMMITTEES REPORTING TO THE COUNCIL

(ANNEXURES B AND B.1) B. SECTION 79 STANDING COMMITTEE: PETITIONS:

19 JANUARY 2017 ……………………………….…………... 104

B.1 SECTION 79 STANDING COMMITTEE: PETITIONS: 16 FEBRUARY 2017 ……………………………….………….… 104

G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN ……………… 105 H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS MEETING…. 106

URGENT MOTION …………………………………………………………… 107-108 I. NEW MOTIONS ……………………………………………………………… 109

J. PETITIONS …………………………………………………………..……. 110-112

K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF THE MEETING, AT THE DISCRETION OF THE SPEAKER …………… 113-127

L. CONCLUSION ………………………………………………………………. 128

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 30 MARCH 2017 A. OPENING: PRAYER OR MEDITATION

The Speaker, Cllr RK Mathebe welcomed all present by requesting members to observe a moment of silence for prayer or meditation. The Speaker further informed Council about the demise of the following three prominent icons who contributed immensely in the development of South Africa in their respective spheres and thereafter requested Council to observe a moment of silence in their remembrance:

• Mr Ahmed Mohamed Kathrada, ANC Anti-apartheid veteran

• Mr Joe Mafela, a pioneer and veteran in the Entertainment Industry

• Dr Petrus Molemela, former Bloemfontein Celtic Owner and colourful figure in the football fraternity.

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B. APPLICATIONS FOR LEAVE OF ABSENCE

The Chief Whip of Council, Cllr CM van den Heever, in accordance with powers delegated to him submitted the approved leave of absence of the following Councillors: MGW Aucamp KG Makgaleng TW Mostert ST Maila CD Tsela (Remarks:

1. The following Councillors arranged for early departure: JN Mokhare IP Du Plooy 2. As no leave of absence was presented for the following Councillors, they

be deemed absent without leave:

ZC Khumalo DJ Lehobye SE Maselane.)

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C. OFFICIAL NOTICES There were none.

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D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER PROPOSALS ALLOWED BY THE SPEAKER

1. LATE BUT URGENT REPORTS IN TERMS OF LEGISLATION

The Speaker indicated that the reports contained in Parts VI and VI(A) of the agenda were received from the Executive Mayor on 22 and 24 March 2017 respectively and delivered to Councillors on SharePoint on 23 and 24 March 2017 respectively. She indicated that these reports were urgent and as timeframes were legislated should serve in Council

2. REPORTS ALLOWED BY THE SPEAKER AT HER DISCRETION IN TERMS OF

SECTION 8(1)(k) OF THE RULES AND ORDERS

The Speaker explained the provisions of Section 8(1)(k) of the Rules and Orders and further indicated that she had allowed the following reports to serve in Council under the mentioned Section of the Rules and Orders:

• Office of the Speaker Approval of the City of Tshwane draft By-Law on Ward Committees

• Office of the Executive Mayor Institutionalisation of the Regional Councillor Forums (RCFs) as Committees to assist the Executive Mayor with service delivery in Regions, in terms of Section 80 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998)

• Office of the Speaker Report on Appointment of Civilian Members to serve in the Civilian Oversight Standing Committee

The Speaker furthermore indicated that these reports would be dealt with towards

the end of the agenda. 3. DETERMINING THE ORDER OF BUSINESS, AND BRINGING FORWARD OF

ITEMS ON THE AGENDA

The Speaker explained the provisions of Section 8(2) of the Rules and Orders and further indicated that in accordance with Section 8(2) read with Section 8(3) of the Rules and Orders, immediately after the Executive Mayor had submitted his reports to Council for consideration, she would bring forward the following items on the agenda and in the following order: 28. City Strategy and Organisational Performance Department

Report on the tabling of the Draft 2017/21 Integrated Development Plan (IDP)

29. Group Financial Services Department (Budget Office) Pre-Community Consultation Budget – Draft 2017/18 Medium-Term Revenue and Expenditure Framework for the City of Tshwane

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4. REQUEST FOR SNAP DEBATE

• COLONIALISM (CLLR AM MALULEKA)

• LIFE ESIDIMENI TRAGEDY (CLLR M MTIMKULU)

The Speaker indicated that she had received two requests for Snap Debates from Cllr AM Maluleka (ANC) on the topic of Colonialism, and Cllr M Mtimkulu (DA) on the topic of the Life Esidimeni tragedy. She further explained that both requests were in compliance with the provisions of Section 8(1)(k)(i) of the Rules and Orders, however, due to, among others, the number of items contained in the agenda, and fact that Council would be paying tribute to the late Ahmed Kathrada, where parties would be expected to speak for at least 3 minutes each, these topics would be discussed as snap debates at a future Council meeting.

5. STATE OF THE CAPITAL ADDRESS The Speaker reminded Council about the State of the Capital Address 2017 by the Executive Mayor to be held on Thursday, 6 April 2017 at the Tshwane Events Centre, Pretoria Show Grounds. She further indicated that the Notice thereof was already loaded on SharePoint calendar and the Order of Proceedings for the event would follow soon. The Speaker furthermore indicated that all attendees would have to be accredited, and that all Councillors would for this purpose be communicated with by Office of the Speaker for collection of the accreditation tags. Hereafter, Cllr MD Matsena supported by Councillors LE Makhubela, Ms Marishane and AM Maluleka expressed concern about the convening of the Special Council on 6 April 2017, the day of which the late freedom fighter, Solomon Mahlangu was hanged. Cllr KB Disoloane on behalf of the EFF also expressed concern in this regard.

6. PROPOSED APPROACH TO COMMUNITY/STAKEHOLDER ENGAGEMENT FOR

2017/18 IDP AND BUDGET

6.1 INVITATION TO BRIEFING SESSION

The Speaker explained that municipalities are legally required to develop a 5 year Integrated Development Plan (IDP) and review it annually. Prior to the development and review, the Municipal Systems Act requires also that a municipality must develop a Process Plan to guide the development and /review of the IDP. In line with the Act, the City has developed and approved the Process Plan (in August 2016) which guided the development of the draft IDP. The Speaker further explained that MSA requires that municipalities must table its draft plan by end of March each year then consult further with communities and stakeholders to afford them an opportunity to give comments on the draft before final adoption.

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In keeping with these legal principles, the City will table its 2017/18 draft IDP and budget and is now presenting an approach to community and stakeholder consultation for further consultation. With regards to the Ward Councillors, their specific roles and responsibilities on this process are as follows:

• Appraise themselves of the contents of both the IDP and the budget as

proposed and tabled at Council on 30 March 2017;

• Attend the Councillors briefing session on 31 March 2017;

• Support the Office of the Speaker and encourage community participation at the scheduled public meetings;

• Chair and facilitate discussions at the ward public meetings to be held between 1 and 21 April 2017;

• To present a summary of the IDP and the budget (including tariffs) at the ward public meetings;

• To provide the Office of the Speaker with venues of public meetings, commencing from the 4th April 2017.

The Speaker thereafter urged Councillors to attend the compulsory briefing convened for 31 March 2017, in the Sammy Marks Council Chamber at 10:00

6.2 CITY STAKEHOLDER SUMMIT ON IDP AND BUDGET FOR 2017/18

The Speaker explained that the IDP and Budget 2017/18 public consultation is conducted in two stages i.e. through ward level public meetings and City stakeholders Summit with targeted stakeholders. She further indicated that the Summit would take place on Tuesday, 18 April 2017 at a venue still to be confirmed.

7. APPROVAL OF THE MINUTES OF THE COUNCIL MEETING HELD ON 24 NOVEMBER 2016

The Speaker explained that during the Council meeting of 26 January 2017, when dealing with the agenda point, “Consideration of the Minutes of the previous Council meeting of 24 November 2016”, Councillor JK Masilela mentioned that in his opinion the minutes were incorrectly captured, in particular the input by Cllr EAL Botha. He stated that Cllr Botha when addressing Council indicated that he (Cllr Botha) had evidence that he (Councillor Masilela) raped a woman Councillor, and requested that the statement be recorded as such and not as reflected in the minutes. Following the request by Councillor Masilela during the Council meeting of 26 January 2017, Alderwoman AWMK Mosupyoe-Letsholo requested, given the seriousness of the accusations, that in order to address the concerns expressed by Councillor Masilela, a verbatim be done of the recordings of the particular remarks that were made by Councillor Botha during the Council meeting of 24 November 2016.

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The Speaker further explained that, following the aforementioned inputs made by both Councillor Masilela and Alderwoman Mosupyoe-Letsholo on 26 January 2017, the Council minutes of 24 November 2016 were incorrectly amended and incorrectly approved as amended by Council on 26 January 2017 - the reason being that the Office of the Speaker still had to do and consult the verbatim on what had been said by Cllr Botha on 24 November 2016. A verbatim of recordings of 24 November 2016 has since then been done as requested by Alderwoman Mosupyoe-Letsholo on 26 January 2017, and it was found that the minutes of the Council meeting of 24 November 2016 on page 19 thereof, indeed correctly reflected what Councillor EAL Botha had said. The Speaker furthermore indicated that a copy of the verbatim covering Councillor Botha’s remarks of 24 November 2016 has been forwarded on e-calendar to Councillors together with the minutes of 24 November 2016. The minutes of the Council meeting of 24 November 2016 would therefore again be submitted to this Council meeting for consideration.

8. KHANYISA SERVICE EXCELLENCE AWARDS 2016 The Speaker explained that the Premier of Gauteng awarded the Rosslyn Clinic of the City of Tshwane for being the most efficient healthcare facility in Gauteng in 2016. She further explained that the award was made to recognise the staff members of Rosslyn Clinic who provided a quality customer-related service to the Public. They initiated systems in the Clinic that embodies the spirit of Batho Pele. It also recognises the fact that the Manager and Staff have gone beyond the call of duty to improve the quality of care in Gauteng and especially of the patients visiting the Rosslyn Clinic. Hereafter, the Speaker gave the Executive Mayor and MMC for Health and Social Development opportunity to present the trophy on behalf of the community and the patients of Rosslyn Clinic to the Clinic Manager, Sister Susan van der Walt, and the Director for Primary Health Care Management, Director Regina Moloto. Following the presentation the Speaker on behalf of the City of Tshwane congratulated the MMC and staff members of the Rosslyn Clinic for the achievement.

9. THE DEMISE OF MR AHMED MOHAMED KATHRADA, MR JOE MAFELA AND DR PETRUS MOLEMELA The Speaker gave all political parties presented in Council the opportunity to say a few words in tribute to the memory of the abovementioned legends in accordance with the following list of speakers provided by the Chief Whip of Council: TK Magodielo (ANC) MO Mabogwana (EFF) LJ Lekgoathi (PAC) S Nkwane (COPE) D Selowa (DA) A Kissoonduth (ACDP) BHJ Erasmus (FF+)

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10. ANNOUNCEMENT BY CLLR KB DISOLOANE With the permission of the Speaker, Cllr KB Disoloane on behalf of the EFF

informed Council about the demise of an EFF Councillor in Johannesburg and further enquired as to whether it would be appropriate for Council to observe a moment of silence in this regard.

In response, the Speaker indicated that given the fact that the particular Councillor

was not a Councillor in the City of Tshwane, the request would therefore not be consistent with the Rules and Orders.

Hereafter the following Councillors participated in a debate: AM Maluleka (Cllr Maluleka during his address, among others, stated as follows: ‘……we will mourn for Julius’. On a point of order, Cllr MO Mabogwana supported by Cllr NM Mhlongo requested that the statement by Cllr Maluleka be referred to the Rules and Ethics Committee.) PB Hlatshwayo (Cllr Hlatshwayo during his address, among others, stated as follows: ‘….. people are losing weight’. On a point of order, Cllr OS Ramabodu requested that the statement by Cllr Hlatshwayo be referred to Rules and Ethics Committee).

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E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS COUNCIL MEETINGS:

ORDINARY OPEN COUNCIL: 24 NOVEMBER 2016; ORDINARY COUNCIL: 26 JANUARY 2017 AND SPECIAL COUNCIL: 23 FEBRUARY 2017

1. ORDINARY OPEN COUNCIL 24 NOVEMBER 2016

During consideration of this item by Council on 30 March 2017, the Speaker resubmitted the minutes of 24 November 2016 for consideration as explained under ‘Unopposed proposals by the Speaker and other proposals allowed by the Speaker’. Subsequently Cllr P Sutton with reference to items 33, 34, 35 and 36 as contained in pages 81 to 84 of the minutes mentioned that the Councillors concerned did indeed withdraw during consideration of the respective reports in line with the resolution concerned and requested that it be recorded as such. RESOLVED: That the minutes of the Ordinary Open Council meeting held on 24 November 2016, be approved subject to the following amendment:

That it be noted that Councillors concerned did indeed apologise and withdraw

their respective statement in line with the respective resolutions.

2. ORDINARY COUNCIL: 26 JANUARY 2017

During consideration of this item by Council on 30 March 2017, the Speaker after she put to Council the minutes of the Ordinary Council meeting of 26 January 2017 for approval drew Councillors attention of the following as contained in the minutes of 24 November 2017:

(Unaltered)

‘That the minutes of the Council meeting of 24 November 2016, be approved subject to the following amendment:

Page 19, second paragraph, first dash to read: Cllr EAL Botha indicating that Cllr JK Masilela has raped a woman and he has evidence’

The Speaker thereafter called for a proposal from the floor to that effect. Subsequently Cllr P Sutton seconded by Cllr WD Peach proposed that the Council resolution of 26 January 2017 pertaining to the minutes be rescinded and Council acceded to the proposal by Cllr Sutton.

3. SPECIAL COUNCIL: 23 FEBRUARY 2017

RESOLVED: That the minutes of the Special Council meeting held on 23 February 2017, be approved and confirmed.

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F. REPORTS TO COUNCIL

The Executive Mayor before tabling his reports to Council, among others, made the following remarks:

- He condemned the killing of a Metro Police Officer in Ga-Rankuwa - The attacks of MMC’s and other Councillors during public participation processes

in the City - He welcomed and congratulated the newly appointed City Manager. The Executive Mayor, hereafter submitted reports from the Mayoral Committee to Council for consideration, as contained in Parts I, II, III, IV, V, VI and VI(A) as well as Annexures A, A.1 and A.2 for cognisance and/or discussion.

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 30 MARCH 2017

F. REPORTS TO THE COUNCIL (a) Reports of the Executive Mayor (i) Recommendations to Council Anisha Dharumrajh (1673) COUNCIL: 30 March 2017 1. CITY STRATEGY AND ORGANISATIONAL PERFORMANCE DEPARTMENT

REPORT ON THE TABLING OF THE DRAFT 2017/21 INTEGRATED DEVELOPMENT PLAN (IDP) (From the Mayoral Committee: 20 March 2017)

The purpose of this report is to table the City of Tshwane draft 2016/21 Integrated

Development Plan (IDP), the first IDP for the new Administration after the local government elections which took place on 3 August 2016, attached as Annexure A; for comment in terms of section 16 and section 17 of the Municipal Finance Management Act (MFMA) of 2003 and section 3(4)(b) of the Municipal Planning and Performance Management Regulations, 2001. (A copy of the relevant report is filed with the official Minutes of this meeting) During consideration of this item by Council on 30 March 2017, and after Councillors SR Chauke, NP Tyobeka-Makeke and NE Machaba addressed Council on this matter, it was resolved as set out below:

RESOLVED: 1. That the draft 2017/21 Integrated Development Plan (IDP) document be tabled

to Council to allow for public comment. 2. That Council allows for the communication of the attached document to

relevant provincial and national departments as per legislative requirements. 3. That the Draft 2017/18 Build Environment Performance Plan (BEPP) attached

as Annexure B be submitted to National Treasury.

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9/4 Umar Banda (X8100) COUNCIL: 30 March 2017 2. GROUP FINANCIAL SERVICES DEPARTMENT

(BUDGET OFFICE) PRE-COMMUNITY CONSULTATION BUDGET – DRAFT 2017/18 MEDIUM-TERM REVENUE AND EXPENDITURE FRAMEWORK FOR THE CITY OF TSHWANE (From the Mayoral Committee: 20 March 2017)

The purpose of the report is to table the Draft 2017/18 Medium-term Revenue and Expenditure Framework (MTREF) before Council in terms of Section 16(2) of the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003) for community consultation.

(A copy of the relevant report is filed with the official Minutes of this meeting) During consideration of this item by Council on 30 March 2017, and after Councillors RJ Kekana, RT Mashego, KB Disoloane, NM Mhlongo and MMC M Fourie addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That the 2017/18 Draft Medium-term Revenue and Expenditure Framework,

tabled in accordance with the Municipal Finance Management Act, 2003 (Act 56 of 2003) be considered for the community consultation process.

2. That the proposed tariffs for the 2017/18 financial year as outlined in

Annexures C to H be considered for the community consultation process. 3. That the City Manager: 3.1 in accordance with chapter 4 of the Systems Act:

(a) make public the annual consolidated operating budget and other documents referred to in section 17(3) of the MFMA;

(b) invite the local community to submit representations in connection with the annual consolidated operating budget;

3.2 submit the annual budget:

(a) in both printed and electronic formats to the National and Provincial Treasury; and

(b) in either format to any prescribed national or provincial organs of state and to such other municipalities as may be affected by the budget.

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Reference No Doctor N. Tshwale (4942) COUNCIL: 30 March 2017 3. COMMUNITY AND SOCIAL DEVELOPMENT SERVICES DEPARTMENT

FEEDBACK OF THE RESEARCH REPORT ON HOMELESSNESS AND THE REQUEST FOR APPROVAL FOR THE REVIEW OF THE CURRENT CITY OF TSHWANE HOMELESSNESS POLICY AND APPROVAL FOR THE DRAFT STREET HOMELESSNESS POLICY (From the Mayoral Committee: 7 December 2016 and Council: 26 January 2017)

The purpose of the report is to inform Council about the outcome of the research on Homelessness within the City, and to obtain approval of the reviewed City of Tshwane Homelessness Policy.

During consideration of this item by Council on 30 March 2017, and after the following Councillors addressed Council on this matter, it was resolved as set out below: AA Ndlovana TE Mabusela PB Hlatshwayo NM Mhlongo TP Mogale MMC IP Du Plooy (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the current Homelessness Policy be rescinded. 2. That the revised Homelessness Policy for the City of Tshwane be approved in

principle. 3. That the revised Homelessness Policy be subjected to a public participation

process. 4. That the City institutionalise and coordinate multi stakeholder response to the

problem of homelessness. 5. That the final Homelessness Policy for the City of Tshwane be submitted to

Council for approval.

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Reference No 91258/1 Joan De Beer (2136) COUNCIL: 30 March 2017 4. EMERGENCY SERVICES DEPARTMENT

(DISASTER MANAGEMENT) 2015/16 ANNUAL REPORT TO THE GAUTENG DISASTER MANAGEMENT CENTRE (From the Executive Committee: 5 December 2016, the Joint Mayoral Committee Clusters: 11 January 2017 and the Mayoral Committee: 18 January 2017)

The purpose of the the report serves as cognisance to Council with regard to the Disaster Management Annual Report 2015/16 which is to be submitted to the Gauteng Disaster Management Centre for incorporation within the National Disaster Management Centre Annual Report as per Section 50 of the Disaster Management Act (57 of 2002: (2)(a) A municipal Disaster Management Centre must at the same time that its report is submitted to the Municipal council in terms of subsection (1), submit a copy report to the National Centre and the Disaster Management Centre of the province concerned.

(A copy of the relevant report is filed with the official Minutes of this meeting) During consideration of this item by Council on 30 March 2017, and after Councillors RT Mashego, MGR Morudu and OS Ramabodu addressed Council on this matter, it was resolved as set out below: RESOLVED: That cognisance be taken of the Disaster Management Annual Report.

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CPD/9/2/4/2-2571T (Item: 21217) Makgorometje Makgata (0940) COUNCIL: 30 March 2017 5. CITY PLANNING AND DEVELOPMENT DEPARTMENT (CITY PLANNING)

APPLICATION IN TERMS OF SECTION 28(1) OF THE TOWN PLANNING AND TOWNSHIPS ORDINANCE, 1986 (ORDINANCE NO. 15 OF 1986) FOR THE AMENDMENT OF THE TSHWANE TOWN-PLANNING SCHEME, 2008 (From the Strategic Land Development Tribunal: 25 November 2016 and the Mayoral Committee: 18 January 2017)

The purpose of the report is to consider an application for the rezoning of the following Erven: 1/822, 2/822, 3/822, 5/822, 13/822, 14/822, R/15/822, 18/822, 21/822, 22/822, 23/822, 24/822, 25/822, 26/822, R/2/866, 3/866, R/4/866, 5/866, 6/866, 20/866, R/24/866, 28/866, 29/866, 30/866, 1/880, 2/880, 881, 882, 1/883, R/883, 884, 885 and 1417 (Proposed consolidated Erf 1419) and 31/866, R/1/1340 AND R/1340 (PART abcdefa), Sunnyside in terms of Section 28(1) of the Town Planning and Townships Ordinance, 1986 (Ordinance No. 15 of 1986) from various land uses such as Residential and Business to ‘Business 1’.

IT WAS RECOMMENDED (TO THE COUNCIL: 30 MARCH 2017): A. That the application for the rezoning of the following Erven: 1/822, 2/822,

3/822, 5/822, 13/822, 14/822, R/15/822, 18/822, 21/822, 22/822, 23/822, 24/822, 25/822, 26/822, R/2/866, 3/866, R/4/866, 5/866, 6/866, 20/866, R/24/866, 28/866, 29/866, 30/866, 1/880, 2/880, 881, 882, 1/883, R/883, 884, 885 and 1417 (Proposed consolidated Erf 1419) and 31/866, R/1/1340 AND R/1340 (PART abcdefa), Sunnyside in terms of Section 28(1) of the Town Planning and Townships Ordinance, 1986 (Ordinance No. 15 of 1986) from various land uses such as Residential and Business to ‘Business 1’ in accordance with Section 28(1) of the Town Planning and Townships, 1986 (Ordinance 15 of 1986) be approved;

B. That notice be given of the draft scheme in paragraph A hereof, as prescribed in Section 28 of the Town-Planning and Townships Ordinance, 1986 (Ordinance 15 of 1986):

(a) That if objections or representations are received, the draft scheme

shall be submitted to Council for a final resolution; and

(b) That, if there is no objection or representation received, the rezoning

shall be deemed to have been approved and the amendment scheme

be promulgated.

C. That the approval be subject to the conditions and comments as contained in

paragraph 5 and (Annexure 4) of this report; and

D. That a report be submitted to the Strategic Land Development Tribunal by the Property Management section to provide background on the process of the sales agreement and include documents related to any litigation that may have taken place with regard to the sale of the subject properties.

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During consideration of this item by Council on 30 March 2017, the following Councillors participated in a debate: KB Disoloane (among others, indicating that the EFF was rejecting this report) OS Ramabodu (supporting the rejection by Cllr Disoloane) MMC RM Williams Hereafter the Executive Mayor requested 5 minutes caucus, which was granted by the Speaker. After the caucus, the Executive Mayor indicated that he was withdrawing this report from the agenda in terms of Section 13(5) of the Rules and Orders. It was thereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That this report be withdrawn from the agenda in terms of Section 13(5) of the Rules and Orders.

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CPD 9/2/4/2 – 3006T (Item 22689) Makgorometje A Makgata (0940) COUNCIL: 30 March 2017 6. CITY PLANNING AND DEVELOPMENT DEPARTMENT (CITY PLANNING)

APPLICATION IN TERMS OF SECTION 28 OF THE TOWN-PLANNING AND TOWNSHIPS ORDINANCE, 1986 (ORDINANCE 15 OF 1986) FOR THE AMENDMENT OF THE TSHWANE TOWN-PLANNING SCHEME, 2008: ERVEN 499, 500, 505, 506, 511, 512 AND 599, HATFIELD (From the Strategic Land Development Tribunal: 25 November 2016 and the Mayoral Committee: 18 January 2017) The purpose of the report is to obtain approval for an application in terms of Section 28 of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986) for the amendment of the Tshwane Town-planning Scheme, 2008, by the rezoning of Erven 499, 500, 505, 506, 511, 512 and 599, Hatfield, from “Existing Streets” (Erf 599) and “Residential 1” (all other erven) to “Educational”, subject to the conditions contained in the proposed Annexure T (Annexure 5.)

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That Erf 599, Hatfield be permanently closed to the general public as a public

street. 2. That a draft scheme be prepared for the rezoning of Erven 499, 500, 505,

506, 511, 512 and 599, Hatfield, from “Existing Streets” (Erf 599) and “Residential 1” (all other erven) to “Educational”, subject to the conditions contained in the draft Annexure T (Annexure 6).

3. That notice be given of the draft scheme in paragraph 2 hereof as prescribed

in Section 28 of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986).

4. That if objections or representations are received, the draft scheme be

submitted to Council for a final resolution. 5. That if no objections or representations are received, the rezoning be

deemed to have been approved and the amendment scheme be promulgated in accordance with Section 57(1) of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986).

6. That the Group Property Management Department provide the Tribunal with

2 reports inclusive of all documents relating to the swop deal between the University of Pretoria and the City of Tshwane and to provide the current valuation of both properties.

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Reference No 85761/1[85761/1] Gerald Shingange (4052) COUNCIL: 30 March 2017

7. CORPORATE AND SHARED SERVICES DEPARTMENT DEPLOYMENT OF COUNCIL REPRESENTATIVES TO SERVE ON SOUTH AFRICAN LOCAL GOVERNMENT ASSOCIATION (SALGA) HUMAN RESOURCES WORKING GROUP, LOCAL LABOUR FORUM (LLF) AND THE SOUTH AFRICAN LOCAL GOVERNMENT BARGAINING COUNCIL (SALGBC) (From the Executive Committee: 7 November 2016, the Joint Mayoral Committee Clusters: 11 January 2017 and the Mayoral Committee: 18 January 2017)

The purpose of the report is to obtain approval to enable the City Manager and Chief Whip of the Council to, in terms of the Council’s Corporate System of Delegations, deploy Council representatives to serve on South African Local Government Association (SALGA) Human Resources Working Group, Local Labour Forum and South African Local Government Bargaining Council. (A copy of the relevant report is filed with the official Minutes of this meeting)

IT WAS RECOMMENDED (TO THE COUNCIL: 30 MARCH 2017): 1. That the Chief Whip of Council proceed to nominate and deploy Councillors to

serve and represent the City of Tshwane on the South African Local Government Association Human Resources Working Group, the Local Labour Forum and the South African Local Government Bargaining Council (SALGBC);

2. That cognisance be taken that the Strategic Executive Head: Office of the

Chief Whip will coordinate all correspondence and logistical arrangements related to Councillors’ attendance of the South African Local Government Association (SALGA) Human Resources Working Group, the Local Labour Forum and the South African Local Government Bargaining Council (SALGBC) meetings; and

3. That the report be approved subject to the conditions of the revised travel

policy currently under review. During consideration of this item by Council on 30 March 2017, MMC C Brink seconded by Cllr CM van den Heever proposed the following amendment:

(Unaltered)

“That Council notes that the City Manager and Chief Whip of Council,

respectively already has delegated powers to appoint the representatives listed in this report in terms of the City’s Approved System of Corporate Delegations.

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Therefore that the recommendations be deleted, and that the Chief Whip of Council’s exercise of his delegation in terms of this report be noted by Council.”

Hereafter Cllr MD Matsena mentioned that in his opinion no member of the Mayoral Committee can amend any Mayoral Committee report except for the Executive Mayor. Referring to Section 13(5) of the Rules and Orders, Cllr Matsena was questioning the correctness of MMC Brink submitting a proposed amendment.

Following a debate on the above matter, MMC Brink indicated that he withdrew his proposed amendment.

Subsequently, the Executive Mayor seconded by Cllr van den Heever (Chief Whip of Council) proposed the following amendment:

(Unaltered)

“That that recommendations be deleted, and that the Chief Whip of Council

exercise his delegation in terms of this report be noted by Council”

After the Speaker repeated to the Council the Executive Mayor’s amendment in terms of Section 13(5) of the Rules and Orders as quoted above, the following Councillors participated in the ensuing debate:

RT Mashego MD Matsena (Cllr Matsena during his address, among others, stated that the DA was a white racist party) LE Makhubela (Cllr Makhubela during his address stated as follows ‘Cllr Brink stands up, read the book and say Mapiti is confused, and realise that his mad with racism and forces the Mayor to go and commit mistake under duress…..’) AM Maluleka JW Barendrecht M Mtimkulu (Cllr Mtimkulu, among others, requesting that in the absence of evidence, Cllr Matsena withdraw the statement that the DA was a white racist party). The Speaker when concluding the debate indicated that all accusations of racism made during the debate will be referred to the Rules and Ethics Committee. It was further requested by Cllr WD Peach that the above statement by Cllr Makhubela be part of the referrals. Following the above debate, Cllr Matsena seconded by Cllr AM Maluleka proposed the following:

(Unaltered)

“That the principle of non-racialism, non-sexist including proportional

representation be taken into account when finalising these representation”

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Since there was opposition to the proposed amendment by Cllr Matsena, the Speaker put the said amendment to a vote and declared the results as follows:

For the proposed amendment by Cllr Matsena: 81 Against the proposed amendment by Cllr Matsena: 93 Abstained: 25

In view of the above voting results, the proposed amendment by Cllr Matsena was not carried by Council.

Following an address by Cllr Matsena it was resolved as set out below:

(A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED:

1. That the Council notes that the City Manager and the Chief Whip of Council respectively already has delegated powers to appoint the representative’s listed in the report in terms of the City’s approved System of Corporate Delegations and therefore the Chief Whip of Council exercise his delegation in this regard.

2. That the Chief Whip of Council exercises his delegation in terms of this report

subject to the conditions of the revised travel policy currently under review.

(Remark:

At the Council meeting of 30 March 2017, Cllr MD Matsena on behalf of the ANC mentioned that in their opinion, among others, the DA don’t want to subscribe to the principle of non-racist and non-sexism by voting against his amendment and therefore requested that their dissenting vote against the approval of this report be registered.)

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Reference No 67874/1 Seoketsa Kekana (4586) COUNCIL: 30 March 2017 8. COMMUNITY AND SOCIAL DEVELOPMENT SERVICES DEPARTMENT

REPORT ON THE PROMULGATION OF THE REVIEWED HEALTH BY-LAW FOR THE KEEPING OF ANIMALS, BIRDS AND POULTRY (From the Executive Committee: 5 December 2016 and the Mayoral Committee: 1 February 2017) The purpose of the report is to seek approval for the promulgation of the reviewed Health Bylaws for the Keeping of Animals, Birds and Poultry and publication in the Provincial Gazette Extraordinary, to effect promulgation in terms of legislation. IT WAS RECOMMENDED (TO THE COUNCIL: 30 MARCH 2017): 1. That the Reviewed Health By-Laws on the Keeping of Animals, Birds and

Poultry be approved; 2. That the reviewed by-laws be submitted to Council for approval; and 3. That the City Manager places a notice in the Provincial Gazette publishing

the promulgation of the by-laws, after final approval by Council. During consideration of this item by Council on 30 March 2017, the Speaker explained the provisions of Section 160(3)(b) of the Constitution in relation to the approval of a By-law and thereafter subjected this By-law to a vote in terms of the mentioned legislation. For purposes of the voting process, the Speaker requested Councillors who support the recommendations to raise their hands so that they can be counted. Given that only 91 Councillors voted in favour of the By-law, the Speaker indicated that the By-law was not approved as in the case of the City of Tshwane at least be 108 Councillors must vote for the By-law. Hereafter the Executive Mayor requested that it be recorded that as the City we want to comply with the National and Provincial legislation in this regard, however the ANC abstained in voting for this By-law. Following an address by Councillors MD Matsena, LE Makhubela and AM Maluleka, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That it be noted that the By-laws for the keeping of animals, birds and poultry was subjected to a vote in terms of Section 160(3)(b) of the Constitution during the Council meeting of 30 March 2017, but that the said By-laws could not be approved as a supporting vote of only 91 Councillors was realised as opposed to a majority of Council members, i.e. at least 108 Councillors in the case of the City of Tshwane.

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Reference No 82687/1 Gerald Shingange (4052) COUNCIL: 30 March 2017 9. GROUP HUMAN CAPITAL MANAGEMENT DEPARTMENT

REVISED INTERNATIONAL AND NATIONAL TRAVEL POLICY (From the Executive Committee: 5 December 2015 and the Mayoral Committees: 7 December 2016 and 18 January 2017 and the Mayoral Committee: 15 February 2017)

The purpose of this report is to obtain approval for the revised National and International Travel Policy of the City of Tshwane. IT WAS RECOMMENDED (TO THE COUNCIL: 30 MARCH 2017): 1. That Council takes cognisance of the proposed National and International

Travel Policy; 2. That the revised City of Tshwane revised National and International Policy be

approved subject to the following amendment:

• Domestic Travel arrangements: The table be amended to limit the domestic travel of the Executive Mayor and City Manager to Economy Class; and

3. That subsistence allowance for international and domestic travel be paid in

accordance with the South African Revenue Services (SARS) guidelines per country travelled to.

During consideration of this item by Council on 30 March 2017, Cllr JL Griffiths seconded by Cllr R Uys proposed the following amendment:

(Unaltered)

“1. I see the policy in the Annexure does not accurately reflect the recommendation that was made at the Mayco Committee on 15 February. The policy must be updated so that it states that for domestic travel the Executive Mayor, City Manager and MMC’s will fly economy class.

3. Business class travel will only be permitted on international trips

that are 7 hours or longer.

4. In terms international hotel accommodation, all reference to 5 star hotels should be removed. As such only 3-4 star hotels will be permitted and should be rated in terms of SA / international norms and standards”.

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Hereafter, Cllr RT Mashego supported by Cllr LE Makhubela expressed concern about the fact that Cllr Griffiths was amending a report emanating from the Mayoral Committee which in their opinion was not in line with the Rules and Orders. In response, MMC C Brink with reference to Section 23 and 24 of the Rules and Orders indicated that in his opinion the above proposed amendment by Cllr Griffiths was indeed in line with the relevant sections of the Rules and Orders. The Speaker hereafter adjourned the meeting for consultation on the matter. Following consultation, the Speaker confirmed that indeed the proposed amendment was in line with the relevant legislation. The Council hereafter acceded to Cllr Griffiths proposal. Subsequently, Cllr MA Masoleng seconded by Cllr SB Tshabane proposed the following amendment:

(Unaltered)

“We therefore requested that the recommendations be amended as follows:

1. International and Domestic Travel arrangements

All officials and Politicians fly economy class for all trips.” The following Councillors hereafter participated in a debate: MD Matsena (Among others, indicating that in his opinion the first amendment

must be withdrawn to avoid confusion) MMC Brink (Among others, indicating that in his opinion the second

amendment supersede the first amendment) AM Maluleka (Among others, supporting the concern by Cllr Matsena) RT Mashego (Among others, indicating that the DA was cheating the EFF. On

a point of order, Cllr JW Barendrecht mentioned that in his opinion the statement by Cllr Mashego that the DA was cheating the EFF was unbecoming and therefore such statement be referred to the Rules and Ethics Committee.)

Following the debate on this matter, the Speaker ruled that the second amendment be adopted as the final Council resolution. Cllr Matsena hereafter requested that the ruling by the Speaker in this regard be referred to the Rules and Ethics Committee. The following Councillors hereafter participated in a debate on the contents of the report and it was thereafter resolved as set out below: SJ Mabona RT Mashego AM Maluleka

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B Phukuile MMC C Brink (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That Council takes cognisance of the proposed National and International

Travel Policy; 2. That the revised City of Tshwane National and International Policy be

approved subject to the following amendment:

• International and Domestic Travel arrangements: All officials and Politicians (Councillors) fly economy class for all trips.

3. That subsistence allowance for international and domestic travel be paid in

accordance with the South African Revenue Services (SARS) guidelines per country travelled to.

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Reference No 04600/1[12/1/1 Witkoppies-393JR/34] Pule M Mmutlana (4488) COUNCIL: 30 March 2017 10. GROUP PROPERTY DEPARTMENT

PROPOSED REGISTRATION OF SERVITUDES OVER PORTION 34 OF THE FARM WITKOPPIES 393-JR (From the Executive Committee: 12 September 2016 and the Mayoral Committees: 21 September 2016 and the Mayoral Committee: 15 February 2017) The purpose of the report is to obtain approval to register servitude for Eskom Power Transmission Line over a portion of portion 34 of the Farm Witkoppies 393-JR, in terms of Section 14(2) of the Municipal Finance Management Act (Act 56 0f 2003) and Regulations.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That Portion of portion 34 of the Farm Witkoppies 393-JR measuring

22,5361 ha in extent as seen on the sketch plan is not required to provide the minimum basic needs of the municipal basic services.

2. That the fair market value of the abovementioned property the economic and

the Community value to be received in exchange for the property has been determined as set out in this report.

3. That Council approve the application for the registration of power

transmission line servitude over portion of Portion 34 of the farm Witkoppies 393-JR, measuring 22,5361 ha in extent as seen on the sketch plan in terms of Section 14(1) and (2) of the Municipal Finance Management Act,2003 (Act 56 of 2003).

4. That the fair market value for the servitude, as determined by the Property

Valuation Division of the municipality, be received in exchange for the granting of the servitudes.

5. That the cost of registry in the Deeds Office, for Power transmission line

servitude be paid by the applicant. 6. That the registry of servitude for purposes of Eskom transmission power line

over Portion of portion 34 of the farm Witkoppies 393-JR, be granted, subject to the following conditions.

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7. That Notice of the granting of the servitude be given in terms of section 79(18)(b) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should no objections and/or representations be received, the process must be proceeded with in terms of the Municipality’s Alienation Policy. Should there be any objections to or representatives in respect of the granting of the servitude, together with such objections and/or representations, be submitted to the council for consideration and a final resolution.

8. That the Municipality’s further conditions of registration of servitude usually

applicable to transactions of this nature or other conditions that will be set by the Municipality will be applicable.

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Reference No 34867/1[12/1/2 Pule M Mmutlana (4488) COUNCIL: 30 March 2017 11. GROUP PROPERTY DEPARTMENT

PROPOSED LEASE OF AIR RIGHT OVER PORTION OF PHLADELPHIA ROAD ADJACENT TO ERVEN 1590 AND 1709 PRETORIUSPARK EXTENSION 23 (From the Executive Committee: 13 February 2017 and the Mayoral Committee: 15 February 2017) The purpose of the report is to obtain approval to grant the Woodlands Boulevard Shopping Centre the air rights to construct a bridge over the Philadelphia Road Reserve indicated as figure ABCDH on the sketch plan in terms of section 14(2) of the Municipal Finance Management Act (Act 56 of 2003) and Regulations.

During consideration of this item by Council on 30 March 2017, and after Cllr MG Matjila addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the air space above a part of Philadelphia Road Reserve indicated as

figure ABCDH on sketch plan attached as Annexure “B” measuring 1 108 m² in extent is not needed to provide the minimum level of basic municipal services.

2. That the fair market value of the abovementioned property, the economic

and community value to be received in exchange for the property be determined by the Group Chief Financial Officer as set out in the report.

3. That Council approves the granting of air rights of Part of Philadelphia Road

Reserve indicated as figure ABCDH on sketch plan attached as Annexure “B” measuring 1 108 m² in extent, in terms of Regulation 34(1) (b of the Municipal Asset Transfer (MAT) Regulations published in terms of the MFMA on 22 August 2008.

4. That the property be offered for lease at a market value as determined by

Finance Department (Property Valuation). 5. That notice of the proposed lease be given in terms of section 79(18) of the

Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed air rights be received, the proposed air rights together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy.

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6. That any removal, moving and/or change to the existing municipal services that may become necessary due to this application and a bulk service contribution and connection fee, will be for the applicants cost.

7. That any activity generating noise should be monitored in line with the

stipulations of the Noise Control Regulations and to the satisfaction of the Practitioners from the City of Tshwane. Furthermore during operationalization of the above mentioned property all health regulation and by laws should be adhered to.

8. That the lease of the said air space over Philadelphia road for a period of 30

years be approved. 9. That the Lessee at his own cost and risk lodge site development plans,

construction drawings, building plans, and applications required for the proposed development.

10. That the Lessee, at its cost and risk, apply in terms of the appropriate

provisions of the Spatial Planning and Land Use Management Act ,2013 (Act16 of 2013), for the rezoning of the said air rights to the same rights applied for on the adjacent properties.

11. That the Group Head: Group Legal and Secretariat Services be authorized to

issue a power of attorney to the Lessee so that it can lodge the rezoning application as contemplated in the recommendation above.

12. That this lease of air space does not need to be subjected to a competitive

bidding process; the competitive biddng process would also be impractical since the lease is for the use of airspace, for a private air bridge over two privately owned buildings; and this lease is therefore only available for already existing property owners.

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Reference No 74719/4[12/1/2 PRETORIUSPARK X23 PARTS - 1709] Pule M Mmutlana (4488) COUNCIL: 30 March 2017 12. GROUP PROPERTY DEPARTMENT

PROPOSED TRANSFER OF A PORTION OF PHILADELPHIA ROAD IN EXCHANGE OF THE REMAINDER OF PORTION 525 AND THE REMAINDER OF PORTION 498 OF THE FARM GARSFONTEIN 374-JR (From the Executive Committee: 19 September 2016 and the Mayoral Committees: 21 September 2016 and 15 February 2017) The purpose of the report is to obtain approval to transfer a proposed portion of Philadelphia Road indicated as figure wxy k2 z on the sketch plan, in exchange of the Remainder of Portion 525 and the Remainder of Portion 498 of the farm Garsfontein 374-JR indicated as figure abcdefg and figure npqrstuvdchjkm on the sketch plan attached as annexure A in terms section 14(2) of the Municipal Finance Management Act (Act 56 of 2003) and Regulations. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That Portion of Philadelphia Road indicated as figure wxy k2 z on the sketch

plan attached as annexure A measuring ±4 978 m² in extent is not needed to provide the minimum level of basic municipal services.

2. That Council approves the transfer of Portion of Philadelphia Road indicated

as figure wxy k2 z measuring ±4 978 m² in extent in exchange of the Remainder of Portion 525 indicated as figure abcdefg measuring 5551m² in extent and Remainder of Portion 498 indicated as figure npqrstuvdchjkm measuring 11 274 m² in extent in terms of Local Government: Municipal Finance Management Act (Act 56 of 2003) and the Municipal Asset Transfer (MAT) Regulation 5(1) b (i) and (ii).

3. That notice of the exchange envisaged will be given in terms of Section

79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed exchange be received, the proposed exchange, together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in terms of the municipality’s Alienation Policy.

4. That Council approves the cancellation of the following right of way

servitudes indicated on the sketch plan attached as annexure A:

i. Figure x a1 b1 c1 d1 e1 f1 and j1 h1 m1 y measuring ±1520m² in extent

ii. Figure f1 e1 g1 h1 j1 measuring 456m² in extent iii. Figure h1 k1 m1 measuring 139m² in extent iv. Figure c2 d2 e2 f2 g2 h2 j2 measuring 1,0037 ha in extent v. Figure k1 n1 k2 measuring ±37m² in extent

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5. That Council approves proposed right of way servitude indicated as figure n1

p1 q1 r1 s1 t1 u1 v1 w1 x1 y1 z1 a2 b2 on the attached sketch plan measuring ±5300m² in extent as required by the Provincial Legislation.

6. That the applicant apply for the partial closure of Philadelphia Road

measuring ±4 978 m² in extent indicated as figure wxy k2 z on the sketch plan attached as annexure "A" in terms of section 67 of the Local Government Ordinance, 1939 (Ordinance 17 of 1939).

7. That the Group Head: Group Legal and Secretariat Services be authorised to

register a right of way servitude in favour of the municipality over Erf 1709, Pretorius Park Extension 23 indicated as figure n1 p1 q1 r1 s1 t1 u1 v1 w1 x1 y1 z1 a2 b2 measuring ±5 300m² in extent on the sketch plan attached as annexure "A".

8. That the portion of Philadelphia Road indicated as figure wxy k2 z on the

sketch plan attached as annexure A be rezoned at the cost of the applicant from "Existing Street" to "Special".

9. That a portion of erf 1709 Pretoriuspark Extension 23, indicated as figure

n1p1q1r1s1t1u1v1w1x1y1z1a2b2 on the sketch plan attached as annexure A be rezoned at the cost of the applicant from "Special" for shops, business buildings, places of refreshment, places of amusement (limited to theatres, cinemas, music halls, concert halls and exhibition halls), retail industries, motor dealerships, motor workshops (including existing air rights over part of Philadelphia Road) to "Existing Street".

10. That, due to an existing stormwater culvert on Philadelphia Road, a

stormwater servitude must be registered over the existing culvert in favour of the Council.

11. That should the proposed land transfer affect the on-site taxi rank

(Philadelphia Road), the developer provide for an alternative suitable taxi rank to take its place.

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Reference No 00186/1[12/1/1 Stinkwater Extension 2 - 2947] Pule M Mmutlana (4488) COUNCIL: 30 March 2017 13. GROUP PROPERTY DEPARTMENT

PROPOSED TRANSFER OF ERF 2947 STINKWATER EXTENSION 2 (From the Executive Committee: 24 October 2016 and the Mayoral Committee: 15 February 2017) The purpose of the report is to obtain approval to transfer Erf 2947, Stinkwater Extension 2 to the Gauteng Provincial Government in terms of the section 14(6) and 90 (6) of the Municipal Finance Management Act and Regulations (Act 56 of 2003). (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That Erf 2947,Stinkwater Extension 2 measuring 55 391m² in extent is not

required to provide the minimum level of basic municipal services. 2. That Council approves the transfer of Erf 2947, Stinkwater Extension 2

measuring 55 391m² in extent to Gauteng Provincial Government in terms of section 14(6) on the Local Government Municipal Finance Management Act (Act 56 of 2003).

3. That notice of the transfer envisaged in recommendation will be given in

terms of section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed transfer be received, the proposed transfer together with such objections and/or representations, will be submitted to Council for consideration and a final decision. Should no objections and/or representations be received, the process be allowed to proceed in terms of the Alienation Policy of the City of Tshwane.

4. That any removal, moving and/or change to the existing municipal services

networks that may become necessary due to this to this application, will be at the cost of the Gauteng Provincial Government.

5. That access to and from the site/development be to the satisfaction of the

municipality. 6. That all required bulk services will be provided at the costs of the Gauteng

Provincial Government. 7. That when required the Gauteng Provincial Government at its costs and risks

will conduct necessary traffic impact studies, geological studies or any other study necessary for the development of the land.

8. That the beneficiary will protect municipal servitudes by registering

servitudes in favour of the municipality, and there shall be no development or trees planted next to the servitude.

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9. That any further structures/buildings being erected on the premises must

conform to the provisions of the National Building Regulations and the mentioned National Standard: SANS 10400.

10. That no development on the property will take place before approval of

development plans. 11. That the property will only be utilised for Educational purposes and will revert

back to the municipality if no longer required for this purpose. 12. That the Group Head: Group Legal and Secretariat Services be authorised to

issue a Power of Attorney to the Gauteng Provincial Government so that it can lodge the application necessary for the development of the property.

13. That the Municipality's further conditions of transfer usually applicable to

transaction of this nature or any other condition that will be set by the Municipality will be applicable.

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Reference No 44075/2[12/1/1 OLIEVENHOUTBOSCH X23 3706] Pule M Mmutlana (4488) COUNCIL: 30 March 2017 14. GROUP PROPERTY DEPARTMENT

PROPOSED TRANSFER OF THE PROPOSED PORTION 1 OF ERF 3706 OLIEVENHOUTBOS EXTENSION 23 TO THE GAUTENG PROVINCIAL GOVERNMENT (From the Executive Committee: 3 October 2016 and the Mayoral Committee: 15 February 2017) The purpose of the report is to obtain approval to transfer the proposed Portion 1 of Erf 3706 Olievenhoutbos Extension 23 indicated as Figure AabJK in the attached Sketch Plan (Annexure B) to the Gauteng Provincial Government in terms of the section 14(6) and 90 (6) of the Municipal Finance Management Act and Regulations (Act 56 of 2003).

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the proposed Portion 1 of Erf 3706 Olievenhoutbos Extension 23

measuring approximately 17 486m² in extent indicated as Figure AabJK in the attached Sketch Plan (Annexure B) is not needed to provide the minimum level of basic municipal services.

2. That Council approves the transfer of proposed Portion 1 of Erf 3706

Olievenhoutbos Extension 13 measuring approximately 17 486m² in extent indicated as Figure AabJK in the attached Sketch Plan (Annexure B) to the Gauteng Provincial Government.


terms of section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed transfer be received, the proposed transfer together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy.

4. That any removal, moving and/or change to the existing municipal services networks that may become necessary due to this application, will be for the Department’s cost.


Municipality. 6. That all required bulk services will be provided at the costs of the

Department. 7. That when required the Department at its costs and risks will conduct

necessary traffic impact studies, geological studies or any other study necessary for the development of the land.

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servitudes in favour of the municipality, and there shall be no development or trees planted next to the servitudes.


development plans. 10. That the property will only be utilised for Educational purposes and will revert

back to the municipality if no longer required for this purpose. 11. That any further structures/buildings being erected on the premises must

conform to the provisions of the National Building Regulations and the mentioned National Standard: SANS 10400.


issue and sign a Power of Attorney to bring into effect the above recommendations.

13. That the Municipality’s further conditions of transfer usually applicable to

transaction of this nature or any other condition that will be set by the Municipality will be applicable.

14. That Council approves the sub-division of Erf 3706 Olievenhoutbos

Extension 13 measuring 28 965m² in total extent into 2 proposed portions, proposed Portion 1 measuring approximately 17 486m² in extent indicated as Figure AabJK in the attached Sketch Plan (Annexure B) and the proposed Remainder measuring approximately 11 479m² in extent indicated as Figure aBCDEFGHb in the attached Sketch Plan (Annexure B) respectively.

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Reference No 91325/1 Tembeka Mhlekwa (1354) COUNCIL: 30 March 2017 15. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT

TSHWANE RAPID BUS TRANSIT (TRBT): SPATIAL DEVELOPMENT FRAMEWORK FOR LINE 2 A: CENTRAL BUSINESS DISTRICT (CBD) TO HATFIELD (From the Executive Committee: 16 January 2017 and the Mayoral Committee: 15 February 2017) The purpose of the report is to request an approval for the Spatial Development Framework (SDF) for Line 2 A: CBD to Hatfield for public participation.

During consideration of this item by Council on 30 March 2017, and after Cllr AM Maluleka addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the Spatial Development Framework for Line 2 A: Central Business

District (CBD) to Hatfield be approved for public participation. 2. That the guidelines as proposed in the Framework and indicated in Annexure

A, be applied in the consideration of all future land use applications in the area once approved by Council.

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Reference No 07078/1 Mthobeli Kolisa (2449) COUNCIL: 30 March 2017 16. ENVIRONMENTAL AND AGRICULTURAL MANAGEMENT DEPARTMENT

ACQUISITION OF SERVITUDE UNDER THE OWNERSHIP OF QUANTIDEV (PTY) LIMITED: PORTION OF THE FARM STERKWATER 108-JR (From the Executive Committee: 13 February 2017 and the Mayoral Committee: 9 March 2017) The purpose of the report is to seek approval for the acquisition of servitude RE: ZANKOP ZYN LAAGTE for the development of access road to Tshwane North Cemetery (portion 106 JR-Sterkwater).

During consideration of this item by Council on 30 March 2017, and after MMC M Mkhari addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That approval be granted for the acquisition of 45 000 m2 of land at the amount of R450 000.00 from Quantidev (PTY) LTD for a servitude on a portion of farm Zandkop Zyl Laagte 108-JR.

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Reference No 59643/1 Amolemo Mothoagae (4265) COUNCIL: 30 March 2017 17. HOUSING AND HUMAN SETTLEMENT DEPARTMENT

REQUEST FOR POWER OF ATTORNEY FOR PORTION 34 (A PORTION OF PORTION 19 OF THE FARM OOG VAN BOEKENHOUTKLOOF 288-JR AND THE REMAINDER OF PORTION 19 OF THE FARM OOG VAN BOEKENHOUTKLOOF 288-JR (From the Executive Committee: 6 March 2017 and the Mayoral Committee: 9 March 2017) The purpose of the report is to request Council to approve the alienation of individual Low Cost Housing stands on the township Refilwe Manor.

During consideration of this item by Council on 30 March 2017, and after Ald SJ Mabona addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the alienation of the property for low cost housing on the township

Refilwe Manor be approved. 2. That the registration of servitude on the Remainder of Portion 19 of the farm

Oog van Boekenhoutkloof 288-JR, also known as Refilwe Manor be approved.

3. That the Group Head: Group Legal and Secretariat Services issue the

necessary Power of Attorney and sign all documentation to give effect on resolution 1 above.

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Reference No 59456/1 Pule M Mmutlana (4488) COUNCIL: 30 March 2017 18. GROUP PROPERTY DEPARTMENT

TRANSFER OF PORTION OF ERF 221, GA-RANKUWA INDUSTRIAL (From the Executive Committee: 12 September 2016 and the Mayoral Committees: 21 September 2016 and 9 March 2017) The purpose of the report is to obtain approval to rescind the council resolution dated 31 January 2013 to lease Erf 221 Ga-Rankuwa Industrial instead transfer Portion of Erf 221 Ga-Rankuwa Industrial to Eskom, an organ of the state, for purposes of construction of a new 11kV substation and relocation of existing Cables, in terms of Section 14(6) and MAT Regulation 20 (1)(f)and MAT Regulation 22. During consideration of this item by Council on 30 March 2017, and after Cllr JP Rammushi and MMC RM Williams addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That resolution 3 of the Council resolution dated 31 January 2013 to lease

erf 221 Ga-Rankuwa Industrial, be rescinded and that the property be transferred as follows.

2. That Council approves the transfer of Portion of Erf 221 Ga-Rankuwa

Industrial measuring about 540m² in extent indicated as figure GDEF on a sketch plan attached as Annexure "A" to Eskom an organ of state, for purposes of construction of 11 kV substation and relocation of existing cables.in terms of the Municipal Finance Management Act (MFMA) Section 14(6) and MAT Regulation 20(1) (a) and 20 (1)(f), and MAT Regulation 22.

3. That the transfer of Portion of Erf 221 Ga-Rankuwa Industrial for purposes of

construction of 11 kV Substation and relocation of existing cables be granted at the applicant's cost.

4. That the proposed subdivision of Erf 221 Ga-Rankuwa Industrial, into two

portions about 540m² in extent indicated as figure CDEF and the remainder which will remain for municipal owned be approved.

5. That Notice of transfer to an organ of state, be given in terms of section

79(18)(b) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should no objections and/or representations be received, the process must be proceeded with in terms of the Municipality’s Alienation Policy. That should there be any objections to or representatives in respect of the transfer, together with such objections and/or representations, be submitted to the council for consideration and a final resolution.

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6. That the subdivision will be at the cost of Eskom. 7. That Eskom relocated the existing Eskom electricity cables over Erf 221 Ga-

Rankuwa Industrial at its cost, to the proposed portion of Erf 221 Ga-Rankuwa Industrial to be transferred to Eskom, and the Erf boundaries of the proposed remainder, to that remainder is not burdened with Eskom servitudes, preventing development on the remainder of the erf. The Eskom servitudes on Erf boundaries of the proposed remainder of the erf, will be registered at Eskom servitudes on the Erf boundaries of the proposed remainder of the erf, will be registered at Eskom's cost, after development the substation and cables are reallocated.

8. The cost of the registry of the property in the Deed Office will be for the

applicant's account. 9. That the property be transferred to the beneficiary free of charge. 10. That the Municipality's further conditions of transfer usually applicable on a

transaction of this nature and the conditions embodied in this report be applicable.


issue power of attorney to the beneficiary so that they can lodge the applications necessary for the development of the property.

55

Reference No 94911/2 Pule M Mmutlana (4488) COUNCIL: 30 March 2017 19. GROUP PROPERTY DEPARTMENT

PROPOSED REGISTRATION OF SERVITUDE OVER PORTION 1, 6 AND 12 OF THE FARM RIETVALLEI 377-JR (From the Executive Committee: 19 September 2016 and the Mayoral Committees: 21 September 2016 and 9 March 2017) The purpose of the report is to obtain approval to register servitude over Portion 1, 6 and 12 of the farm Rietvallei 377-JR for Rand Water R5 Pipelines, in terms of Section 14(2) of the Municipal Finance Management Act (Act 56 0f 2003) and MAT Regulation. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That the following portions of the farm Rietvallei 377-JR are not required for

basic municipal services; Portion 1 measuring 15,1151 ha in extent, indicated as figure ABCDEFGH A1 H1 JKLMNPQR, Portion 6 measuring 4,0156 ha in extent, indicated as figure A1 B1 C1 D1 A2 H2 E1 F1 G1 H1 and Portion 12 measuring 7,7042 ha in extent indicated as figure A2 B2 C2 D2 A3 D3 E2 F2 G2 H2 on the sketch plan attached as Annexure "A".

2. That Council consent to the registry of the water servitudes, as specified in

recommendation 1. 3. That the fair market value for the servitudes, as determined by the Property

Valuation Division of the Municipality, be received in exchange for the granting of the water servitudes.

4. That Council approves the registration of servitude over the following

portions of the farm Rietvallei 377-JR; Portion 1 measuring 15,1151 ha in extent, indicated as figure ABCDEFGH A1 H1 JKLMNPQR , Portion 6 measuring 4,0156 ha in extent, indicated as figure A1 B1 C1 D1 A2 H2 E1 F1 G1 H1 and Portion 12 measuring 7,7042 ha in extent indicated as figure A2 B2 C2 D2 A3 D3 E2 F2 G2 H2 on the sketch plan attached as Annexure "A" to Rand Water for purposes of installation of R5 Pipeline, in terms of section 14(2)(a) and (b) of the Municipal Finance Management Act (Act 56 of 2003) and the Local Government: Municipal Asset Transfer Regulation 34(1)(b).

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5. That the registration of servitude for Rand Water R5 Pipelines over the municipal property, Portion 1 measuring 15,1151 ha in extent indicated as figure ABCDEFGH A1 H1 JKLMNPQR, Portion 6 of the farm Rietvallei 377-JR measuring 4,0156 ha in extent indicated as A1 B1 C1 D1 A2 H2 E1 F1 G1 H1 and Portion 12 measuring 7,07042 ha in extent, indicated as figure A2 B2 C2 D2 A3 E2 F2 G2 H2 , all on the sketch plan attached as Annexure "A", be granted, subject to the following conditions.

6. That Notice of the granting of the servitude be given in terms of section 79(18)(b) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should no objections and/or representations be received, the process must be proceeded with in terms of the Municipality’s Alienation Policy. Should there be any objections to or representatives in respect of the granting of the servitude, together with such objections and/or representations, be submitted to the council for consideration and a final resolution.

7. That the cost of the registration be borne by the applicant. 8. That the property will be registered as servitude to be used for Water

services by Rand Water. 9. That the consent is given by Council subject there to that the consent from

Eskom be obtained by Rand Water for the registration of the servitude in the area where there is an existing Eskom 275 kV electrical services servitude.

10. That the Municipality’s further conditions of registration of servitude usually

applicable to transactions of this nature or other conditions that will be set by the Municipality will be applicable.

11. That the Group Head: Group Legal and Secretariat Services be granted

Power of Attorney to enable Rand Water to implement the above-mentioned recommendations.

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Umar Banda (8110) COUNCIL: 30 March 2017 20. GROUP FINANCIAL SERVICES DEPARTMENT

(SUPPLY CHAIN MANAGEMENT) IRREGULAR EXPENDITURE INCURRED UP TO 30 JUNE 2016 (From the Executive Committee: 6 March 2017 and the Mayoral Committee; 9 March 2017)

The purpose of the report is: (a) to comply with section 32 of the Municipal Finance Management Act (MFMA) to

inform Council in respect of irregular expenditure incurred by the City of Tshwane (CoT) up to 30 June 2016 ; and

(b) to advise Council on the appropriate actions to be taken in terms of the MFMA

Section 32 and Circular 68 in relation to the expenditure.


During consideration of this item by Council on 30 March 2017, Cllr KH Wakelin participated in a debate. Subsequently, Cllr OM Mathafa seconded by Cllr RT Kekana proposed the following amendments:

(Unaltered)

“Amend recommendation 2 to read as follows:

2. That Group Audit and Risk finalise investigations and report on a case by case basis the outcome of the investigation to identify any official liable for recovery.

2.1 Councillors be investigated as prescribe in terms of Section 13 and

14 of the Code of Conduct for Councillors. 3. That the Acting Chief Financial Officer declares the irregular

expenditure into the City’s 2015/2016 Annual financial statements” The following Councillors hereafter participated in a debate on the proposed amendment by Cllr Mathafa. MMC M Fourie (MMC Fourie during her address, among others, indicated that the DA was opposing the above proposed amendment). RT Mashego RJ Kekana MD Matsena Since there was opposition to the proposed amendment by Cllr Mathafa, the Speaker put the said proposal to a vote and declared the results as follows:

58

For the proposed amendment by Cllr Mathafa: 0 Against the proposed amendment by Cllr Mathafa: 120 Abstained: 0 In view of the above voting results, the amendment by Cllr Mathafa was not carried by Council. Following an address by Alderwoman Adv CD Prinsloo, Cllr RT Mashego and MMC Fourie on this matter, it was resolved as set out below: RESOLVED: 1. That cognisance be taken of the irregular expenditure incurred up to 30 June

2016. 2. That Group Audit and Risk finalise investigations and report on a case by case

basis the outcome of the investigation to identify any official or councillor liable for recovery.

3. That the Member of the Executive Council (MEC) for Local Government and

Auditor General be informed of the action to be taken in relation to the irregular expenditure.

(Remark: At the Council meeting of 30 March 2017, Cllr MD Matsena on behalf of the ANC requested that their dissenting vote against the approval of this report be registered.)

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Reference No 16820/1 Makgorometje A Makgata (0940) COUNCIL: 30 March 2017 21. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT

APPROVAL AND IMPLEMENTATION OF THE TSHWANE MARKET BY-LAW (From the Executive Committee: 6 March 2017 and the Mayoral Committee: 20 March 2017) The aim of the report is to provide feedback on the public participation process relating to the draft Tshwane Market By-law as done in compliance with the requirements as provided for in Section 160(2) of the Constitution of the Republic of South Africa,1996 read with section 12 of the Local Government: Municipal System Act, 2000 (Act 32 of 2000, hereinafter referred to as “the MSA, 2000”), and Section 7 of the Rationalization of Local Government Affairs Act (Gauteng), 1998 (Act 10 of 1998). The report also seek approval, formal adoption and promulgation of the draft by-law provided for in section 13 of the MSA, 2000; and have the current Market By-law, promulgated under Local Authority Notice 1365 published in Provincial Gazette Extraordinary No.143 Vol. 4 of 04 March 2008, withdrawn. (Annexure A).

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the proposed Tshwane Market By-Law be approved and adopted as a

by-law of the City of Tshwane. 2. That the by-law be promulgated (published) in the Gazette as envisaged by

Section 13 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000).

3. That the by-law be effectively enacted on the date of its promulgation in the

Gazette. (Remark: At the Council meeting of 30 March 2017, 115 Councillors voted in favour of the By-law in accordance with Section 160(3)(b) of the Constitution.)

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Reference No 46106/2[12/1/1 SOSHANGUVE T ERF 628 ] Pule Mmutlana (4488) COUNCIL: 30 March 2017 22. GROUP PROPERTY DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED TRANSFER OF A PORTION OF ERF 628 SOSHANGUVE BLOCK T TO THE GAUTENG PROVINCIAL GOVERNMENT (From the Executive Committee: 7 March 2017 and the Mayoral Committee: 20 March 2017) The purpose of the report is to obtain approval to transfer a Portion of Erf 628 Soshanguve T, indicated as figure aBCDb on the sketch plan attached as Annexure "D", to the Gauteng Provincial Government in terms of section 14(6) of the Municipal Finance Management Act and Regulations (Act 56 of 2003) and Municipal Asset Transfer Regulations 20 & 22 to develop a community clinic. (A copy of the relevant report is filed with the official Minutes of this meeting)

IT WAS RECOMMENDED (TO THE COUNCIL: 30 MARCH 2017):

1. That a Portion of Erf 628 Soshanguve T indicated as figure aBCDb on the

sketch plan attached as Annexure "D", measuring 1,0000 Ha in extent, is not needed to provide the minimum level of basic municipal services;

2. That Council approves the transfer of a Portion of Erf 628 Soshanguve T, indicated as figure aBCDb on the sketch plan attached as Annexure "D", measuring 1,0000 Ha in extent, to the Gauteng Provincial Government, to develop a community clinic;


terms of Section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed transfer be received, the proposed transfer together with such objections and/or representations, will be submitted to Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the Municipality’s Alienation Policy;

4. That any removal, moving and/or change to the existing municipal services

networks that may become necessary due to this application, will be for the Gauteng Provincial Government’s cost;


Municipality; 6. That all required bulk services will be provided at the cost of the beneficiary;

7. That, when required, the Gauteng Provincial Government at its cost and risk

will conduct the necessary environmental impact studies, site plans and building plans and any other process necessary for the development of the land;

61


servitudes in favour of the municipality, and there shall be no development or trees planted next to the servitudes;


development plans; 10. That any structures/buildings being erected on the premises must conform to

the provisions of the National Building Regulations and the mentioned National Standard: SANS 10400;

11. That the Group Head: Economic Development and Spatial Planning be

authorised to implement all Town-Planning processes necessary to finalise this transaction;

12. That the property will only be utilised for clinic and community health

purposes and will revert back to the municipality if no longer required for this purpose;

13. That Council reserves the Remainder of Erf 628, Erf 619 and Erf 629

Soshanguve Block T for park development; 14. That the Gauteng Provincial Government at its cost and risk will apply for the

rezoning of the property from Public Open Space to the appropriate zoning in line with the Tshwane Town Planning Scheme;

15. That a Portion of Erf 628 Soshanguve Block T, indicated as figure aBCDb on

the sketch plan attached as Annexure "D", measuring 1,0000 Ha in extent, be closed permanently in terms of Section 68 of the Local Government Ordinance, 1939 (Ordinance 17 of 1939);

16. That the Provincial Department of Infrastructure Development develops a

park as part of the clinic development on the proposed remainder of portion of Erf 628 Soshanguve Block T. That the donation be subject to this condition and if this condition has not been complied with within 5 years of the date of the signed agreement, the donated land reverts to the municipality to be available for park open space again;

17. That the City Manager be authorised to issue and sign a Power of Attorney

to bring into effect the above recommendations; 18. That the Municipality’s further conditions of transfer usually applicable to

transaction of this nature or any other condition that will be set by the Municipality will be applicable; and

19. That the City Manager ensures that the Permission to Occupy (PTO) be

signed by 31 March 2017. During consideration of this item by Council on 30 March 2017, Cllr PB Hlatshwayo seconded by Cllr TE Mabusela proposed the following amendment:

62

(Unaltered) “That recommendation 16 be deleted and replaced by the following:

That the Provincial Department of Infrastructure Development, develops a park as part of the Clinic development on the remainder portion of 628 Soshanguve Block T, without conditions.”

Hereafter the following Councillors participated in a debate: AM Maluleka RT Mashego MMC RM Williams Cllr MD Matsena hereafter requested that this item be held in abeyance for further consultation and consideration later during the meeting. When the Speaker tabled this item for consideration later during the meeting, MMC RM Williams indicated that consensus have been reached between the relevant parties and thereafter, seconded by Cllr M Mtimkulu proposed the following amendment to recommendation 16 of the report:

(Unaltered)

“That the donation be subject to this condition and if this clinic has not been built within 5 years of the date of the signed agreement, the donated land reverts to the municipality to be available for park open space again”

The Council acceded to MMC William’s proposal and it was thereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That a Portion of Erf 628 Soshanguve T indicated as figure aBCDb on the

sketch plan attached as Annexure "D", measuring 1,0000 Ha in extent, is not needed to provide the minimum level of basic municipal services.

2. That Council approves the transfer of a Portion of Erf 628 Soshanguve T, indicated as figure aBCDb on the sketch plan attached as Annexure "D", measuring 1,0000 Ha in extent, to the Gauteng Provincial Government, to develop a community clinic.


terms of Section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed transfer be received, the proposed transfer together with such objections and/or representations, will be submitted to Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the Municipality’s Alienation Policy.

63

4. That any removal, moving and/or change to the existing municipal services networks that may become necessary due to this application, will be for the Gauteng Provincial Government’s cost.


Municipality. 6. That all required bulk services will be provided at the cost of the beneficiary.

7. That, when required, the Gauteng Provincial Government at its cost and risk

will conduct the necessary environmental impact studies, site plans and building plans and any other process necessary for the development of the land.


servitudes in favour of the municipality, and there shall be no development or trees planted next to the servitudes.


development plans. 10. That any structures/buildings being erected on the premises must conform to

the provisions of the National Building Regulations and the mentioned National Standard: SANS 10400.

11. That the Group Head: Economic Development and Spatial Planning be

authorised to implement all Town-Planning processes necessary to finalise this transaction.

12. That the property will only be utilised for clinic and community health

purposes and will revert back to the municipality if no longer required for this purpose.

13. That Council reserves the Remainder of Erf 628, Erf 619 and Erf 629

Soshanguve Block T for park development. 14. That the Gauteng Provincial Government at its cost and risk will apply for the

rezoning of the property from Public Open Space to the appropriate zoning in line with the Tshwane Town Planning Scheme.

15. That a Portion of Erf 628 Soshanguve Block T, indicated as figure aBCDb on

the sketch plan attached as Annexure "D", measuring 1,0000 Ha in extent, be closed permanently in terms of Section 68 of the Local Government Ordinance, 1939 (Ordinance 17 of 1939).

16. That the donation be subject to this condition and if this clinic has not been

built within 5 years of the date of the signed agreement, the donated land reverts to the municipality to be available for park open space again.

17. That the City Manager be authorised to issue and sign a Power of Attorney

to bring into effect the above recommendations.

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18. That the Municipality’s further conditions of transfer usually applicable to transaction of this nature or any other condition that will be set by the Municipality will be applicable.

19. That the City Manager ensures that the Permission to Occupy (PTO) be

signed by 31 March 2017.

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SCM TENDER DEVIATION REPORT Umar Banda (8110) COUNCIL: 30 March 2017 23. GROUP FINANCIAL SERVICES DEPARTMENT

(SUPPLY CHAIN MANAGEMENT) DEVIATIONS FROM TENDERS APPROVED FOR THE PERIOD JULY 2016 TO FEBRUARY 2017, 2016/17 FINANCIAL PERIOD (From the Mayoral Committee: 20 March 2017)

The purpose of the report is to report the deviations from Tenders above the threshold of R200 000.00 approved for the period July 2016 to February 2017, 2016/17 financial period. (A copy of the relevant report is filed with the official Minutes of this meeting) IT WAS RECOMMENDED (TO THE COUNCIL: 30 MARCH 2017): 1. That in terms of Regulation 36 of the Supply Chain Management

Regulations, promulgated in terms of the Local Government Municipal Finance Management Act, Act 56 of 2003 and the approved Supply Chain Management Policy Section 35 cognisance be taken of the reasons for the deviations from the official procurement process of tenders;

2. That the Chief Financial Officer includes the information regarding the

deviations as a note to the financial statement; and 3. That the Bid Adjudication Committee adheres to principles contained in the

Municipal Finance Management Act (MFMA) and the Supply Chain Management Policy when consideration deviations.

During consideration of this item by Council on 30 March 2017, Cllr OM Mathafa seconded by Cllr MS Marishane proposed the following additional recommendation:

(Unaltered)

“4. That the report be referred to the Section 79 Standing Committee: Public Accounts for further scrutiny.” The Council acceded to Cllr Mathafa’s proposal. Following an input by Cllr JZ Ndlovu on this report, Cllr T Tuwani seconded by Cllr MO Mabogwana proposed the following additional recommendation:

(Unaltered)

“That all deviations must not be done to any unidentified service provider for unidentified amount of money.”

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The Council acceded to Cllr Tuwani’s proposal, and it was thereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That in terms of Regulation 36 of the Supply Chain Management

Regulations, promulgated in terms of the Local Government Municipal Finance Management Act, Act 56 of 2003 and the approved Supply Chain Management Policy Section 35 cognisance be taken of the reasons for the deviations from the official procurement process of tenders.

2. That the Chief Financial Officer includes the information regarding the

deviations as a note to the financial statement. 3. That the Bid Adjudication Committee adheres to principles contained in the

Municipal Finance Management Act (MFMA) and the Supply Chain Management Policy when consideration deviations.

4. That the report be referred to the Section 79 Standing Committee: Public

Accounts for further scrutiny. 5. That all deviations must not be done to any unidentified service provider for

unidentified amount of money.

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F-9/4/1 Umar Banda (8100/1) COUNCIL: 30 March 2017 24. GROUP FINANCIAL SERVICES DEPARTMENT

GRANTS AND SUBSIDIES PROGRESS REPORT FOR THE PERIOD ENDED 28 FEBRUARY 2017 (From the Mayoral Committee: 20 March 2017)

The purpose of the report is to inform Council on the progress in respect of performance of the various Inter-governmental Transfers and Grants for the period ended 28 February 2017. (A copy of the relevant report is filed with the official Minutes of this meeting) During consideration of this item by Council on 30 March 2017, and after Cllr B Phukuile addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the financial progress of the various grants and subsidies for the period

under review, as set out in section 7 of the report be noted. 2. That cognisance be taken of the receipt of transfers and grants, as set out in

Table 5.1.1 of the report. 3. That cognisance be taken of the unspent transfers and grants, as set out in

Table 6.3 of the report. 4. That the recipient Heads and Group Heads of all transfers and grants ensure

that spending be effected as planned and reporting requirements to the respective transferring authorities are adhered to within the timeframes allocated.

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F1/5/2 Umar Banda (8110) COUNCIL: 30 March 2017 25. GROUP FINANCIAL SERVICES DEPARTMENT

MUNICIPAL FINANCE MANAGEMENT ACT (MFMA) IN-YEAR FINANCIAL REPORT (MONTHLY BUDGET STATEMENT) FOR THE PERIOD ENDING 28 FEBRUARY 2017 (From the Mayoral Committee: 20 March 2017)

The purpose of the in-year report is to give progress on the performance of the City of Tshwane against the budget for the period ending 28 February 2017 in compliance with section 71 of the Municipal Finance Management Act (MFMA). IT WAS RECOMMENDED (TO THE COUNCIL: 30 MARCH 2017): That, in compliance with Section 71 of the Municipal Finance Management Act and in terms of the municipal budget and reporting regulations: 1. That the contents of the report and Annexure A be noted;

2. That the impending shortfall on electricity and water revenue, as highlighted

in the report, be noted; and 3. That this statement be submitted to the National Treasury and Provincial

Treasury in both signed-document and electronic format. During consideration of this item by Council on 30 March 2017, Cllr FJ Smith seconded by Cllr DG Wannenburg proposed the following additional recommendation:

(Unaltered)

“4. That the report be referred to the Section 79 Committee: Public Accounts for further scrutiny.”

The Council acceded to Cllr Smith’s proposal. Following an address by Cllr P Sutton and MMC M Fourie on the contents of the report, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the contents of the report and Annexure A be noted. 2. That the impending shortfall on electricity and water revenue, as highlighted in

the report, be noted.

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3. That this statement be submitted to the National Treasury and Provincial Treasury in both signed-document and electronic format.

4. That the report be referred to the Section 79 Committee: Public Accounts for

further scrutiny.

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Reference No 10517/1 Umar Banda (8110) COUNCIL: 30 March 2017 26. GROUP FINANCIAL SERVICES DEPARTMENT

WRITE-OFF OF DEBT ON INSOLVENT ESTATE ACCOUNTS (From the Executive Committee: 7 March 2017 and the Mayoral Committee: 20 March 2017) The purpose of the report is to obtain Council approval to write off debt on insolvent estate accounts in order to present a more accurate debtors’ balance on the municipality’s financial records.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That the total amount of R4,310,210.87 (VAT included) in respect of Insolvent estate accounts be written off against the Provision for Bad Debt GL number 90400 and VAT be reversed against GL 175000.

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Reference No 43912/1[Elane] Umar Banda (8110) COUNCIL: 30 March 2017 27. GROUP FINANCIAL SERVICES DEPARTMENT

(FINANCIAL REPORTING AND ASSETS) CONSOLIDATED MUNICIPAL ASSET DISPOSAL PLAN (From the Executive Committee: 7 March 2017 and the Mayoral Committee: 20 March 2017) The purpose of the report is to seek approval of the Consolidated Asset Disposal Plan in terms of the Asset Management Policy. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That the Consolidated Municipal Asset Disposal Plan be approved in terms

of the Asset Management Policy, attached as Annexure B. 2. That cognisance be taken of the communication dated 7 November 2016

that was issued on 10 November 2016, attached as Annexure A.

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Reference No 26516/1 Stephens Notoane (3773) COUNCIL: 30 March 2017 28. UTILITY SERVICES DEPARTMENT

PROPOSED EMBEDDED GENERATION POLICY TO SUPPORT AND FORMALISE PROCEDURE FOR INSTALLATIONS WITHIN THE CITY (From the Executive Committee: 7 March 2017 and the Mayoral Committee: 20 March 2017) The purpose of this report -

(a) To obtain approval to include embedded generation as part of the business

of the City of Tshwane and develop a policy to manage such a process; (b) To obtain approval to begin a process of reviewing electricity by-laws that are

inclusive of embedded generation; and (c) To obtain approval to coordinate the introduction of grid-tied and non-grid

tied embedded generation technologies onto the city electricity network infrastructure and encourage compliance with the National Electricity Regulator of South Africa guidelines and other applicable legislation for electricity consumers.


During consideration of this item by Council on 30 March 2017, and after MMC D Moss addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That cognisance be taken of the contents of the report and the intension of

implementing the Embedded Generation Policy and the process that outlines the application and review procedures for obtaining approval to install systems such as photovoltaic (PV) solar energy systems on new or existing private properties.

2. That approval be granted to begin the process to review the current

electricity by-law to include embedded generation. 3. That approval be granted for the City to allow grid-tied and off-grid

embedded generation technologies for private and commercial use in line with the relevant legislation.

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4. That cognisance be taken to allow internal processes of the City to accommodate embedded generation activities and that external stakeholder engagement will be required.

5. That approval be granted for relevant studies to be conducted in order to

ensure that the City’s revenue is not negatively impacted by the incorporation of the business of embedded generators.

6. That approval be granted for relevant departments within the City to play

their necessary role in the development of a sustainable energy resources, application and enforcement.

7. That approval be granted to launch a communication programme (internal

and external) to communicate the Embedded Generation Policy and the application procedure for customers that want to register their installations.

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Reference No 92265/1 Priza Mantsena (0729) COUNCIL: 30 March 2017 29. GROUP LEGAL AND SECRETARIAT SERVICES DEPARTMENT

EXTENSION OF TIME TO COMPLY WITH THE SUSPENSIVE CONDITION TO REZONE THE PROPERTIES AND TO OBTAIN THE APPROVAL OF THE HERITAGE COUNCIL: OEVERZICHT SITE, SUNNYSIDE (From the Mayoral Committee: 20 March 2017) The purpose of the report is to obtain approval to extend the timeframe in which the purchasers (the Applicant) of the abovementioned properties must comply with the suspensive conditions to rezone the properties and to obtain the approval of the Heritage Council as per the Deed of Sale.

During consideration of this item by Council on 30 March 2017, and after Cllr MD Matsena and the Executive Mayor addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting)

During consideration of this item by Council on 30 March 2017, and after Cllr MD Matsena and the Executive Mayor addressed Council on this matter, it was resolved as set out below:

RESOLVED: 1. That Council consent to the extension of the fulfilment of the suspensive

conditions as contained in Clause 4.1 of the Sale of Property Agreement dated 2 April 2013, to not later than the second anniversary of the signature date of the proposed Second Addendum to Sale of Property Agreement.

2. That the City Manager be authorised to re-negotiate and to sign the amended

agreement as referred to in paragraph one above in line with the provisions of this report.

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(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURES A, A.1 AND A.2)

In terms of Section 56(5) of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) as amended, the resolutions by the Mayoral Committee from its meeting held on 7 December 2016, 18 January 2017 and 1 February 2017 were submitted to Council for discussion / cognisance in terms of Section 13(7) of the Rules and Orders. During the debate on Annexures A, A.1 and A.2 at the Council meeting of 30 March 2017, no proposal was made that the Executive Mayor be requested to reconsider any resolution, and no request was made to record any opposition to any resolution contained in these annexures.

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(b)(i) REPORTS OF OVERSIGHT AND STANDING COMMITTEES REPORTING DIRECTLY TO THE COUNCIL

The Chair of Chairs submitted to Council the following reports emanating from the Section 79 Standing Committee: Rules and Ethics: 31 January 2017, Section 79 Standing Committee: Public Accounts: 10 February 2017 and Section 79 Standing Committee: Local Geographical Names of 10 February and 10 March 2017 respectively and Section 79 Standing Committee: Public Accounts: 17 and 24 March 2017 respectively for consideration, as well as Annexure B and B.1 for cognizance and or discussion.

A. FROM THE SECTION 79 STANDING COMMITTEE:

RULES AND ETHICS: 31 JANUARY 2017 1. Office of the Speaker

Referral of the Speaker’s ruling by Councillor AM Maluleka on the motion submitted by Councillor AA Ndlovana on the relocation of Mooiplaas residents (From the Section 79 Standing Committee: Rules and Ethics: 18 November 2016 and the Special Section 79 Standing Committee: Rules and Ethics: 31 January 2017) …………………………….. 80

2. Office of the Speaker

Referral of the Speaker’s ruling by Councillor MD Matsena on Councillor EN Nhlapo’s motion on occupation of land and houses in Mamelodi particularly Eerste Fabriek and Nellmapius Extension 5 (From the Section 79 Standing Committee: Rules and Ethics: 18 November 2016 and the Special Section 79 Standing Committee: Rules and Ethics: 31 January 2017) ……………………………… 81

B. FROM THE SECTION 79 STANDING COMMITTEE:

PUBLIC ACCOUNTS: 10 FEBRUARY 2017 3. Group Financial Services Department

(Financial Reporting and Assets) Creditor’s Age Analysis as at 31 October 2016 for the City (From the Section 79 Standing Committee: Public Accounts: 10 February 2017) …………………………………………………… 82

4. Group Financial Services Department (Financial Reporting and Assets) Creditor’s Age Analysis as at 30 November 2016 for the City (From the Section 79 Standing Committee: Public Accounts: 10 February 2017) ……………………………………………………. 83

5. Office of the Executive Mayor

(Shareholder Unit) Sandspruit Works Association: Timelines and process for disestablishment (From the Section 79 Standing Committee: Public Accounts: 10 February 2017) ……………………………………………………. 84

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6. Office of the Executive Mayor (Shareholder Unit) Housing Company Tshwane (HCT) Information on organisational structure and service delivery agreement (From the Section 79 Standing Committee: Public Accounts: 10 February 2017) ………………………………………………….. 85


(Financial Reporting and Assets) Creditors age analysis as at 31 December 2016 for the City (From the Section 79 Standing Committee: Public Accounts: 10 February 2017) ………………………………………………… 86

8. Group Financial Services Department MAPC Report on Group Financial Services Department Municipal Finance Management Act (MFMA): In-year Financial Report (monthly budget statement) for the period ending 31 October 2016 (From the Section 79 Standing Committee: Public Accounts: 10 February 2017) ……………………………………………………… 87


(Financial Reporting and Assets) Explanations of debit balances and discrepancy of trade Creditors’ balances between creditors’ age analysis as at 30 September 2016 for the City and the September In-year report (From the Section 79 Standing Committee: Public Accounts: 10 February 2017) ………………………………………………... 88

C. FROM THE SECTION 79 STANDING COMMITTEE:

LOCAL GEOGRAPHICAL NAMES: 10 FEBRUARY 2017

10. City Planning and Development Department (City Planning Division) Names to populate the geographical names bank: Business and economics terminology (From the Section 79 Standing Committee: Local Geographical Names: 10 February 2017)……....................................................... 89

11. City Planning and Development Department (City Planning Division) Names to populate the geographical names bank: Names proposed by Councillor Ngwenya (From the Section 79 Standing Committee: Local Geographical Names: 10 February 2017)……………………................................. 90

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12. City Planning and Development Department (City Planning Division) Names to populate the geographical names bank: Knitting and needlework (phase 1) (From the Section 79 Standing Committee: Local Geographical Names: 10 February 2017)…………………………………………. 91

13. City Planning and Development Department

(City Planning Division) Names to populate the geographical names bank: Plants, trees and herbs (phase 2) (From the Section 79 Standing Committee: Local Geographical Names: 10 February 2017)…………………………………………. 92

D. FROM THE SECTION 79 STANDING COMMITTEE: LOCAL GEOGRAPHICAL

NAMES: 10 MARCH 2017 14. City Planning and Development Department

(City Planning Division) Names to populate the geographical names bank: Academic terminology (phase 1) (From the Section 79 Standing Committee: Local Geographical Names: 10 March 2017) ………………………… 93

15. City Planning and Development Department (City Planning Division) Names to populate the geographical names bank: Academic terminology (phase 2) (From the Section 79 Standing Committee: Local Geographical Names: 10 March 2017) ……………………….. 94


(City Planning Division) Names to populate the geographical names bank: South African colloquial words (phase 6) (From the Section 79 Standing Committee: Local Geographical Names: 10 March 2017) ……………………… 95


(City Planning Division) Names to populate the geographical names bank: South African colloquial words (phase 18) (From the Section 79 Standing Committee: Local Geographical Names: 10 March 2017) ………………………….. 96


(City Planning Division) Names to populate the geographical names bank: Surnames (phase 1) (From the Section 79 Standing Committee: Local Geographical Names: 10 March 2017) ……………………….. 97

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E. FROM THE SECTION 79 STANDING COMMITTEE: PUBLIC ACCOUNTS: 17 MARCH 2017


(Revenue Management Division) Status of debtors book as at 31 December 2016 and turnaround Strategies implemented to turnaround revenue collection (From the Section 79 Standing Committee: Public Accounts: 17 March 2017) ………………………………………………………. 98


(Financial Reporting and Assets) Creditors age analysis as at 31 January 2016 for the City (From the Section 79 Standing Committee: Public Accounts: 17 March 2017) …………………………………………………… 99

21. Group Financial Services Department (Financial Reporting and Assets) Assets owned by the City per Department (From the Section 79 Standing Committee: Public Accounts: 17 March 2017) …………………………………………………………….. 100

F. FROM THE SPECIAL SECTION 79 STANDING COMMITTEE: PUBLIC

ACCOUNTS: 24 MARCH 2017

22. Office of the Speaker MPAC Oversight Report on Annual Report of the City of Tshwane and its Entities for the financial year 2015/16, pursuant to Section 129 of the Municipal Finance Management Act (MFMA), 2003 (From the Section 79 Standing Committee: Public Accounts: 17 March 2017 and the Special Section 79 Standing Committee: Public Accounts: 24 March 2017) ……………………………….. 101-103

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JRK THEMA (012 358 1723) COUNCIL: 30 March 2107 1. OFFICE OF THE SPEAKER

REFERRAL OF THE SPEAKER’S RULING BY COUNCILLOR AM MALULEKA ON THE MOTION SUBMITTED BY COUNCILLOR AA NDLOVANA ON THE RELOCATION OF MOOIPLAAS RESIDENTS (From the Section 79 Standing Committee: Rules and Ethics: 18 November 2016 and the Special Section 79 Standing Committee: Rules and Ethics: 31 January 2017)

The purpose of this report is for the Rules and Ethics committee to determine whether the ruling made by the Speaker towards Councillor AA Ndlovana’s Motion on the relocation of Mooiplaats residence, amounts to the Contravention of the Code of Conduct or the Rules and Orders By-Laws. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognizance be taken of the contents of this report.

2. That the Speaker was well within her jurisdiction to disallow the motion in

terms of Section 19(3) of the Rules and Orders By-Laws.

3. That the ruling by the Speaker to disallow the motion was correct.

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JRK THEMA (012 358 1723) COUNCIL: 30 March 2017 2. OFFICE OF THE SPEAKER

REFERRAL OF THE SPEAKER’S RULING BY COUNCILLOR MD MATSENA ON CLLR EN NHLAPO’S MOTION ON OCCUPATION OF LAND AND HOUSES IN MAMELODI PARTICULARLY EERSTE FABRIEK AND NELLMAPIUS EXT 5 (From the Section 79 Standing Committee: Rules and Ethics: 18 November 2016 and the Special Section 79 Standing Committee: Rules and Ethics: 31 January 2017)

The purpose of this report is for the Rules and Ethics committee to determine whether the ruling made by the Speaker towards Cllr EN Nhlapo’s motion amounts to the Contravention the Rules and Orders By-Laws. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That cognisance be taken of the contents of this report. 2. That the Speaker was well within her jurisdiction to disallow the motion in

terms of Section 19(3) of the Rules and Orders By-Laws. 3. That the Speaker’s ruling to disallow the motion was correct.

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ST-B18/1 U Banda (012 358 8100) COUNCIL: 30 March 2017 3. GROUP FINANCIAL SERVICES DEPARTMENT

(FINANCIAL REPORTING AND ASSETS) CREDITORS’ AGE ANALYSIS AS AT 31 OCTOBER 2016 FOR THE CITY (From the Section 79 Standing Committee: Public Accounts: 10 February 2017)

The purpose of this report is to update the Municipal Public Accounts Committee of the creditor’s age analysis for the City. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That cognizance is taken of the creditors’ age analysis as at 31 October 2016.

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ST-B18/1 U Banda (012 358-8100) COUNCIL: 30 March 2017 4. GROUP FINANCIAL SERVICES DEPARTMENT

(FINANCIAL REPORTING AND ASSETS) CREDITORS’ AGE ANALYSIS AS AT 30 NOVEMBER 2016 FOR THE CITY (From the Section 79 Standing Committee: Public Accounts: 10 February 2017) The purpose of this report is to update the Municipal Public Accounts Committee of the creditors’ age analysis for the City. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That cognizance is taken of the creditors’ age analysis as at 30 November 2016.

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M AUCAMP (012 358 2899) COUNCIL: 30 March 2017 5. OFFICE OF THE EXECUTIVE MAYOR

(SHAREHOLDER UNIT) SANDSPRUIT WORKS ASSOCIATION: TIMELINES AND PROCESS FOR DISESTABLISHMENT (From the Section 79 Standing Committee: Public Accounts: 10 February 2017) The purpose of this report is to provide information on the disestablishment of Sandspruit Works Association (SWA), a municipal entity of the City. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of the contents of the report. 2. That a quarterly progress report on the timeframes, objectives and

performance on objectives be submitted to the Section 79 Standing Committee: Public Accounts.

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M AUCAMP (012 358 2899) COUNCIL: 30 March 2017 6. OFFICE OF THE EXECUTIVE MAYOR

(SHAREHOLDER UNIT) HOUSING COMPANY TSHWANE (HCT) INFORMATION ON ORGANISATIONAL STRUCTURE AND SERVICE DELIVERY AGREEMENT (From the Section 79 Standing Committee: Public Accounts: 10 February 2017)

The purpose of this report is to provide information to MPAC as requested at its meeting held on 18 November 2016 regarding the organisational structure and service delivery agreement of Housing Company Tshwane (HCT).

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of the contents of the report. 2. That a progress report be tabled to MPAC detailing the status of the HCT

review process in the meeting of March 2017.

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(FINANCIAL REPORTING AND ASSETS) CREDITORS AGE ANALYSIS AS AT 31 DECEMBER 2016 FOR THE CITY (From the Section 79 Standing Committee: Public Accounts: 10 February 2017)

The purpose of this report is to update the Municipal Public Accounts Committee of the creditor’s age analysis for the City. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: That cognizance is taken of the creditor’s age analysis as at 31 December 2016.

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F1/5/2 Umar Banda (012 358 8110) COUNCIL: 30 March 2017 8. GROUP FINANCIAL SERVICES DEPARTMENT

MPAC REPORT ON GROUP FINANCIAL SERVICES DEPARTMENT MUNICIPAL FINANCE MANAGEMENT ACT (MFMA): IN-YEAR FINANCIAL REPORT (MONTHLY BUDGET STATEMENT) FOR THE PERIOD ENDING 31 OCTOBER 2016 (From the Section 79 Standing Committee: Public Accounts: 10 February 2017)

The purpose of this report is to address the concerns raised and provide additional and/or substantiate information to the Section 79 Standing Committee: Public Accounts relating to the "In-year" financial report (Monthly Budget Statement) for the period ended 31 October 2016.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That cognizance of the contents the report be noted.

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ST-818/1 U Banda (012 358-8100) COUNCIL: 30 March 2017 9. GROUP FINANCIAL SERVICES DEPARTMENT

(FINANCIAL REPORTING AND ASSETS) EXPLANATIONS OF DEBIT BALANCES AND DISCREPANCY OF TRADE CREDITORS’ BALANCES BETWEEN CREDITORS’ AGE ANALYSIS AS AT 30 SEPTEMBER 2016 FOR THE CITY AND THE SEPTEMBER IN-YEAR REPORT (From the Section 79 Standing Committee: Public Accounts: 10 February 2017)

The purpose of this report is to provide explanations to section 79 Committee: Public Accounts of creditors with debit balances as reported in the Creditors Age Analysis as at 30 September 2016 and the discrepancy of trade creditors between the said report and the September 2016 in-year report.


RESOLVED:

That cognizance is taken of the explanations provided as requested by the section 79 Committee: Public Accounts pertaining creditors with debit balances and the in-year report for the month ended 30 September 2016.

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Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 30 March 2017

10. CITY PLANNING AND DEVELOPMENT DEPARTMENT

(CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: BUSINESS AND ECONOMICS TERMINOLOGY (From the Section 79 Standing Committee: Local Geographical Names: 10 February 2017)

The purpose of this report is to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: That the proposed names, as indicated in Annexure A, be approved for inclusion in the Geographical Names Bank.

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Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 30 March 2017 11. CITY PLANNING AND DEVELOPMENT DEPARTMENT

(CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: NAMES PROPOSED BY COUNCILLOR NGWENYA (From the Section 79 Standing Committee: Local Geographical Names: 10 February 2017)

The purpose of this report is to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank.



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12. CITY PLANNING AND DEVELOPMENT DEPARTMENT (CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: KNITTING AND NEEDLEWORK (PHASE 1) (From the Section 79 Standing Committee: Local Geographical Names: 10 February 2017)

The purpose of this report is to obtain approval for proposed names to populate the City of Tshwane’s Geographical Names Bank. (A copy of the relevant report is filed with the official Minutes of this meeting)


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13. CITY PLANNING AND DEVELOPMENT DEPARTMENT (CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: PLANTS, TREES AND HERBS (PHASE 2) (From the Section 79 Standing Committee: Local Geographical Names: 10 February 2017) The purpose of this report is to obtain approval for proposed names to populate the City of Tshwane’s Geographical Names Bank.



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14. CITY PLANNING AND DEVELOPMENT DEPARTMENT

(CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: ACADEMIC TERMINOLOGY (PHASE 1) (From the Section 79 Standing Committee: Local Geographical Names: 10 March 2017)




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15. CITY PLANNING AND DEVELOPMENT DEPARTMENT (CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: ACADEMIC TERMINOLOGY (PHASE 2) (From the Section 79 Standing Committee: Local Geographical Names: 10 March 2017) The purpose of this report is to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank. (A copy of the relevant report is filed with the official Minutes of this meeting)


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16. CITY PLANNING AND DEVELOPMENT DEPARTMENT (CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: SOUTH AFRICAN PHRASES (PHASE 6) (From the Section 79 Standing Committee: Local Geographical Names: 10 March 2017) The purpose of this report is to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank.



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17. CITY PLANNING AND DEVELOPMENT DEPARTMENT (CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: SOUTH AFRICAN PHRASES (PHASE 18) (From the Section 79 Standing Committee: Local Geographical Names: 10 March 2017)




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18. CITY PLANNING AND DEVELOPMENT DEPARTMENT (CITY PLANNING DIVISION) NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: SURNAMES PHASE 1 (From the Section 79 Standing Committee: Local Geographical Names: 10 March 2017) The purpose of the report is to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank. (A copy of the relevant report is filed with the official Minutes of this meeting)


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REF: ST-B12/8 U. Banda (012 358- ) COUNCIL: 30 March 2017 19. GROUP FINANCIAL SERVICES DEPARTMENT

(REVENUE MANAGEMENT DIVISION) STATUS OF DEBTORS BOOK AS AT 31 DECEMBER 2016 AND TURNAROUND STRATEGIES IMPLEMENTED TO TURNAROUND REVENUE COLLECTION

(From the Section 79 Standing Committee: Public Accounts: 17 March 2017)

The purpose of the report is to present an update to the Section 79 Standing Committee: Public Accounts on the turnaround strategies implemented by Revenue Management Division to turnaround collections. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED:

1. That cognisance be taken of the current status of the Debtors Book and

payment levels.

2. That cognisance be taken of the Revenue Recovery and Continuous Improvement (“RRCI”) initiatives.

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(FINANCIAL REPORTING AND ASSETS) CREDITORS AGE ANALYSIS AS AT 31 JANUARY 2017 FOR THE CITY (From the Section 79 Standing Committee: Public Accounts: 17 March 2017) The purpose of this report is to update the Municipal Public Accounts Committee of the creditor’s age analysis for the City. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED:

That cognizance is taken of the creditor’s age analysis as at 31 January 2017.

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ST-B29/3 U BANDA (012 358 8100) / TOMMY NGWENYA (012 358 8290) COUNCIL: 30 March 2017 21. GROUP FINANCIAL SERVICES DEPARTMENT

(FINANCIAL REPORTING AND ASSETS) ASSETS OWNED BY THE CITY PER DEPARTMENT

(From the Section 79 Standing Committee: Public Accounts: 17 March 2017) The purpose of the report is to provide insight into the assets owned by the City per department. (A copy of the relevant report is filed with the official Minutes of this meeting)


RESOLVED: 1. That cognizance be taken of the report. 2. That City Manager commit to the purification of the Fixed Asset Register by

means of a 100% verification as basis. 3. That City Manager submit the results of the verification for all the assets in

their control to the Section 79 Standing Committee: Public Accounts meeting scheduled for May 2017.

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0TJ BABANE (012 358 8065) COUNCIL: 30 March 2017 22. OFFICE OF THE SPEAKER

MPAC OVERSIGHT REPORT ON ANNUAL REPORT OF THE CITY OF TSHWANE AND ITS ENTITIES FOR THE FINANCIAL YEAR 2015/16, PURSUANT TO SECTION 129 OF THE MUNICIPAL FINANCE MANAGEMENT ACT (MFMA), 2003 (From the Section 79 Standing Committee: Public Accounts: 17 March 2017 and the Special Section 79 Standing Committee: Public Accounts: 24 March 2017)

The purpose of this report is to consider and to also provide oversight report on the Annual Report of the City of Tshwane and its entities for the financial year 2015/16, pursuant to section 129 and 130 of the MFMA (Act 56 of 2003).

During consideration of this item by Council on 30 March 2017, Cllr OS Mathafa seconded by Cllr MS Marishane proposed the following amendment:

(Unaltered)

“1. That the City adopts the oversight report on the Annual Report with reservations”

Hereafter the following Councillors participated in a debate: LA Erasmus RT Mashego MD Matsena MMC M Fourie Since there was opposition to the proposed amendment, the Speaker put the said amendment by Cllr Mathafa to a vote and declared the results as follows: For the proposed amendment by Cllr Mathafa: 0 Against the proposed amendment by Cllr Mathafa: 114 Abstained: 0 In view of the above voting results, the amendment by Cllr Mathafa was not carried by Council. Following inputs by Councillors P Sutton and LA Erasmus on the content of the report, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of the contents of this report.

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2. That the Accounting Officer furnish MPAC with comprehensive reports/plan of action in May 2017 in relation to address outstanding service delivery issues and recurring matters raised by the AGSA in the 2015/16 Annual Report.

3. That Group Legal Services submit comprehensive quarterly reports on its

performance in the 2017/18 financial year with statistical breakdown of cases pursued, successes and loss rate.

4. That Council approve the Annual Report without reservations, in accordance

with section 129 (1) (a) of the Municipal Finance Management Act. 5. That cognisance be taken of the following:

That a clean audit outcome was not obtained during the 15/16 financial year, but rather an unqualified audit with emphasis of matters.

6. That, since provisions were not made for contingent legal liabilities in the

financial statements, the executive drafts a comprehensive report on the number of legal cases pending, inclusive of the potential outcome of said cases. This report should further break down the contingent liabilities by:

6.1 Potential outcome and settlements; 6.2 Legal costs (a) Legal costs already paid

• Legal fees

• Expenses (b) Provision of future legal fees. 7. That a report with reasons be provided detailing why the Accounting Officer

of Tshwane, for the period in question, including senior management did not adequately implement the recommended action plan as previously recommended, with the prior year’s audit findings, by the Auditor-General of South Africa.

8. That the Internal Audit Department provide a report on how many staff they

currently have and also how many staff are needed per department to perform optimally, to ensure internal controls are maintained, improved and audited.

9. That a report be provided to the Section 79 Standing Committee: Public

Accounts on disciplinary actions taken against staff responsible for not inviting competitive bids, for goods and services, of transactions with a value in excess of R200 000,00 as required by the Supply Chain Management Regulations, as per the Auditor-General of South Africa’s findings the previous financial year, 2014/2015.

10. That a report be provided to Section 79 Standing Committee: Public

Accounts on the current performance and monitoring measures for contracts and what is being done to ensure these monitoring measures are updated in accordance with the Auditor-General of South Africa.

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11. That the reports in paragraphs 6. To 10. above be provided for in the Section

79 Standing Committee: Public Accounts meeting of May 2017. 12. That the Office of the Speaker submit a detail report to Section 79 Standing

Committee: Public Accounts in April 2017 regarding all the public participation meetings which were held in relation to the 2015/2016 Annual Report.

13. That the Section 79 Standing Committee: Public Accounts undertake

oversight inspections in loco regarding certain projects to be identified between the Whips of the different parties serving on the Section 79 Standing Committee: Public Accounts.

(Remark: At the Council meeting of 30 March 2017, Cllr AM Maluleka on behalf of the ANC requested that their dissenting vote on the approval of this report be registered.)

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((b)(ii) RESOLUTIONS BY OVERSIGHT AND STANDING COMMITTEES

REPORTING TO COUNCIL (ANNEXURES B AND B.1)

During the debate of Annexures B and B.1 at the Council meeting of 30 March

2017, no proposal was made for the Section 79 Standing Committee: Petitions to reconsider any resolution.

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G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN

There were none.

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H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS MEETING OF COUNCIL: 26 JANUARY 2017 There were none.

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URGENT MOTION: UNCOLLECTED REFUSE IN THE CITY OF TSHWANE

The Speaker explained that she had received the following motion, intended to be an ‘Urgent Motion’ from Cllr LA Matjie seconded by Cllr NM Mhlongo. She further indicated that she had agreed that a copy of such motion be distributed to all Councillors in the meeting:

(Unaltered)

‘Background: We have noted with disgust the uncollected refuse in our townships that has made us as the EFF to be concerned about the lack of service delivery in the City. Council note:-

The environment in our township is stinking like the not serviced pit latrines, because of continuous sewer line blockage and uncollected bins. Young Lethabo Baloyi from Block KK suffered from asthma as a results of this. Water meters are splashing, street lights are not working.

Therefore Council should resolve:-

1. In two weeks’ time to collect all the uncollected refuse in the City and clear all

illegal dumping sites. 2. Maintain sewer lines and leaking water pipes.’

Hereafter the Speaker explained the provisions of Section 7(1), (2) and (3) of the Rules and Orders as quoted hereunder:

(Unaltered)

‘7. Business limited by notice of meeting and exceptions based on urgency

(1) Subject to the provisions of subsection (2) and section 8(1)(k), no business not specified in the notice of a meeting may be transacted at that meeting, with the exception of an urgent report of the Executive Mayor or chairperson of a committee reporting directly to the Council.

(2) A member may at a meeting propose that the provisions of subsection (1) be suspended to enable him or her to submit a motion on a matter of urgency, which must be in writing.

(3) The written proposal to suspend subsection (1), and the motion on a

matter of urgency, must be -

(a) Signed by the proposer and the seconder;

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(b) Handed to the Speaker at least two hours before the commencement of the meeting where moving the proposal and motion is to be proposed, unless the Speaker allows a shorter period of time;’

The Speaker hereafter explained that she did not receive a written proposal to suspend Subsection (1) as provided for in Section (2) and (3) of the Rules and Orders and the motion itself was not signed by the proposer and the seconder. The Speaker further explained that the submission of this motion therefore does not comply with the provisions for urgent motions as per Section 7(3) of the Rules and Orders and could therefore not be allowed as an urgent motion for this meeting. Following an input by Cllr NM Mhlongo on this motion, it was resolved as set out below: RESOLVED: That this motion be disallowed as an urgent motion for purposes of this meeting as it does not comply with the provisions for urgent motion as per Section 7(3) of the Rules and Orders.

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I. NEW MOTIONS

There were none.

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J. PETITIONS

The following Petitions were submitted at the Council meeting of 30 March 2017 in terms of Section 16(1) of the Rules and Orders:

1. The Petition against the notice issued by Tshwane Metro Police Department,

Technical Analysis Unit stating that the residents have illegally erected a gate and

palisade at Block WW, Soshanguve, Erf 1037, House numbers 1 to 72, Ward 89

(by Cllr MN Skhosana).

2. Petition regarding the request to erect a fence enclosing the whole demarcated area

and place boom gates with spike and steel gates to manage access control in

Extension 3, Block VV, Soshanguve, Ward 89 (by Cllr MN Skhosana).

3. Petition request to install a gate at the entrance area in Extension 3, Block VV,

Soshanguve, Ward 89 (by Cllr MN Skhosana).

4. Petition regarding demand for health services in Olievenhoutbosch, Ward 77 (by

Cllrs MA Masoleng and N Manaka).

5. Petition regarding noise disturbance specifically the area of 33rd and 34th Avenues

and Codonia Avenue, between Ben Swart and Terblanche Streets by residents of

575 34th Avenue, Ward 52 (by Cllr FG Smith).

6. Petition concerning dissatisfaction with service delivery in Block M, Soshanguve,

Ward 35 (by Cllr PL Maseko).

7. Petition from residents of Extension 3, Laudium regarding loud music from Itireleng,

abandoned houses and vacant land with overgrown grass/bush, illegal electricity

connections and illegal dumping in Ward 6 (by Cllr E Essop).

8. Petition requesting traffic speed calming measures at Park Town Estate, Pretoria:

namely in Kensington Avenue and Fred Nicholson Street T- Junction including Fred

Nicholson Street itself, Ward 54. (by Cllr E Linde).

9. Petition regarding water invasion problems due to lack of construction which causes

damages to houses and yards, Block BB, Soshanguve, Ward 33 (by Cllr IM

Aphane).

10. Petition concerning the demand for sewer project in Block T, Zone 14, Soshanguve,

Ward 25 (by Cllr PB Hlatshwayo).

11. Petition demanding streets lights, high mass lights and water to be fixed in Block V,

T and W, Soshanguve and the following services: all, Ward 25 (by Cllr PB

Hlatshwayo)

12. Petition demanding the allocation of double parking in Block T2 Buffer (Skirlek),

Ward 25 (by Cllr PB Hlatshwayo)

13. Petition requesting the higher rebuilding of the bridge between D5 and C4,

Mamelodi, Ward 6 (by Cllr JW Masilela)

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14. Petition requesting internal roads and sidewalks in Ward 6. (by Cllr JW Masilela)

15. Petition regarding the refunding of the unfinished park in C3 Erf 2946, Mamelodi

West, Ward 6 (by Cllr JW Masilela).

16. Petition regarding the maintenance and cleaning of cemetery at C3 Erf 2948,

Mamelodi West, Ward 6 (by Cllr JW Masilela).

17. Petition requesting internal roads in order to avoid mud by residents of Block JJ,

Soshanguve, Ward 11 (by Cllr V Masango).

18. Petition requesting speed humps by Residents of Block PP1, Soshanguve at the

following house numbers 215 PP1 next to the tuckshop, 469 PP1 at the tavern, 296

PP1 next to the crèche, 420 PP1 on the entrance, Ward 11 (by Cllr V Masango)

19. Petition requesting for the installation of street lights and Apollo lights by the

residents of Refilwe 22nd, 23rd and 24th Streets at Extension 4, Cullinan, Ward 100

(by Cllr RR Maleka).

20. Petition regarding formalisation of the informal settlement in Mountain View,

Mamelodi East from the corner of Tsamaya and Letoaba Streets along Letoaba to

the Mamelodi East cemetery in Ward 93 (by Cllr NR Masupha).

21. Petition regarding service delivery in Mountain View Estate, Extension 17,

Mamelodi East, Ward 93 (by Cllr NR Masupha).

22. Petition regarding the problem of waterlogging during rainy season at Mahloma

Street, Section M, Mamelodi, Ward 93 (by Cllr NR Masupha).

23. Petition requesting the City of Tshwane Metropolitan Municipality to return the storm

water project budget of Majaneng, Ward 76 (by Cllr JK Baloyi).

24. Petition requesting to purchase electricity directly from Eskom by residents of

Mamelodi, Ward 28 (by Cllr PB Zitha).

25. Petition regarding a grievance to clean the storm water drainage, Mamelodi, Ward

28 (by Cllr PB Zitha).

26. Petition concerning the installation of speed humps in Moeketsi, Magnolia and

Makgatho Streets in Naledi, Section U, Mamelodi West, Ward 28 (by Cllr PB

Zitha).

27. Petition concerning service delivery and speed humps by the residents of Zone 16

West, Ga-Rankuwa, Ward 30 (by Cllr JP Rammushi).

28. Petition regarding the erection of speed humps along Makuruntsi, Malekutu and

Maserumula Streets as pedestrians including children have been knocked down,

Ward 68 (by Cllr JM Ngobeni).

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29. Petition requesting urgent electrification of houses by the community of Winterveldt,

Ward 24 (by Cllr MM Rasegoete).

30. Petition regarding service delivery grievances and recommendations of residents

from Unit D, Extension 6, New Finco, Ward 75 (by Cllr JT Makgatho).

31. Petition regarding service delivery matters in Extensions 1 and 6, Temba, Ward 75

(by Cllr JT Makgatho).

32. Petition regarding the apportioning, evaluation of stands allocated to each in terms

of an overdue Resolution passed by the previous Council for the Residents of Unit

D Section in Temba, Ward 75 (by Cllr JT Makgatho).

33. Petition regarding the construction of stormwater system, roads, RDP Houses and

the cutting of overgrown bush from Residents of Unit 7A-7B, Hammanskraal, Ward

75 (by Cllr JT Makgatho).

34. Petition regarding the demands for service delivery (sewerage, dumping sites, tar

roads, drainage system and street lights in Zone 5, Ga- Rankuwa, Ward 31 (by Cllr

TF Kgatle).

RESOLVED:

That the abovementioned Petitions be referred to the Section 79 Standing Committee: Petitions to be dealt with in terms of Section 16(2) of the Rules and Orders.

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K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF THE MEETING, AT THE DISCRETION OF THE SPEAKER


Approval of the City of Tshwane draft By-Law on Ward Committees ……………………………………………………….. 114-115

2. Office of the Executive Mayor

Institutionalisation of the Regional Councillor Forums (RCFs) as Committees to assist the Executive Mayor with service delivery in Regions, in terms of Section 80 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) ………………….. 116-126


Report on Appointment of Civilian Members to serve in the Civilian Oversight Standing Committee ………………………….. 127

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T BABANE (012) 358 2957 COUNCIL: 30 March 2017 1. OFFICE OF THE SPEAKER

APPROVAL OF THE CITY OF TSHWANE DRAFT BY-LAW ON WARD COMMITTEES The purpose of this report is to seek approval of the proposed draft By-Law on Ward Committees to enable the Office of the Speaker to execute its mandate of facilitating engagement with its stakeholders through public participation mechanisms. IT WAS RECOMMENDED (TO THE COUNCIL: 30 MARCH 2017): 1. That cognisance be taken of the contents of this report and its Annexures. 2. That the proposed City of Tshwane: Draft By-Law on Ward Committees,

2017- (attached as Annexure “A” hereto) be approved in principle for public consultation.

3. That the said draft By-law be subjected to the public participation process of

Council in collaboration with the Office of the Speaker and the Group Legal and Secretariat Services Department.

4. That a sixty-day public notice calling for comments as provided for in section

12(3)(b) of the Local Government: Municipal Systems Act, 2000 be published in the three official newspapers, i.e. Sowetan, Pretoria News and Beeld.

5. That after finalisation of the public participation process, the said draft By-law

and Policy be submitted to Council in terms of Section 12(3) of the Municipal Systems Act, 2000 for final consideration, approval and publication in the Provincial Gazette.

During consideration of this item by Council on 30 March 2017, Ald GC Pretorius seconded by Cllr Prof CJ Napier proposed the following amendment:

(Unaltered) “Addition of a new recommendation 2 to read as follows:

• That the Ward Committee By-law as approved by Council in 23 April 2015 be repealed.

• That recommendation 2 as is in the report becomes 3 and the rest of the recommendations be numbered accordingly.”

The Council acceded to Ald Pretorius proposal and it was thereafter resolved as set out below:


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RESOLVED: 1. That cognisance be taken of the contents of this report and its Annexures.

2. That the Ward Committee By-law as approved by Council in 23 April 2015 be

repealed. 3. That the proposed City of Tshwane: Draft By-Law on Ward Committees, 2017-

(attached as Annexure “A” hereto) be approved in principle for public consultation.

4. That the said draft By-law be subjected to the public participation process of

Council in collaboration with the Office of the Speaker and the Group Legal and Secretariat Services Department.

5. That a sixty-day public notice calling for comments as provided for in section

12(3)(b) of the Local Government: Municipal Systems Act, 2000 be published in the three official newspapers, i.e. Sowetan, Pretoria News and Beeld.

6. That after finalisation of the public participation process, the said draft By-law

and Policy be submitted to Council in terms of Section 12(3) of the Municipal Systems Act, 2000 for final consideration, approval and publication in the Provincial Gazette.

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Marietha Aucamp (012 358 2899) COUNCIL: 30 March 2017 2. OFFICE OF THE EXECUTIVE MAYOR

INSTITUTIONALISATION OF THE REGIONAL COUNCILLOR FORUMS (RCFs) AS COMMITTEES TO ASSIST THE EXECUTIVE MAYOR WITH SERVICE DELIVERY IN REGIONS, IN TERMS OF SECTION 80 OF THE LOCAL GOVERNMENT: MUNICIPAL STRUCTURES ACT, 1998 (ACT 117 OF 1998) The purpose of the report is to obtain approval for the following: 1. The institutionalisation and functioning of Regional Councillor Forums (RCFs) as

Section 80 Committees as provided for in the Municipal Structures Act, 1998 (Act 117 of 1998); and

(A copy of the relevant report is filed with the official Minutes of this meeting) IT WAS RECOMMENDED (TO THE COUNCIL: 30 MARCH 2017): 1. That the institutionalisation of Regional Councillor Forums (RCFs) as

Committees in terms of Section 80 of the Local Government Structures Act, 1998 (Act 117 of 1998) be approved for implementation with effect from 1 March 2017;

2. That the following MMCs be appointed by the Executive Mayor to chair the

respective RCFs/Section 80 Committees: 2.1 RCF/SECTION 80 COMMITTEE: REGION 1 Chairperson: ………………………….. 2.2 RCF/SECTION 80 COMMITTEE: REGION 2 Chairperson: ………………………….. 2.3 RCF/SECTION 80 COMMITTEE: REGION 3 Chairperson: ………………………….. 2.4 RCF/SECTION 80 COMMITTEE: REGION 4 Chairperson: ………………………….. 2.5 RCF/SECTION 80 COMMITTEE: REGION 5 Chairperson: ………………………….. 2.6 RCF/SECTION 80 COMMITTEE: REGION 6 Chairperson: …………………………..

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2.7 RCF/SECTION 80 COMMITTEE: REGION 7 Chairperson: ………………………….. 3. That the Ward Councillors listed hereafter, be appointed in terms of Section 79

(2)(c) of the Municipal Structures Act, 1998 (Act 117 of 1998) and that the PR Councillors be deployed as members of the respective RCFs/Section 80 Committees by the Chief Whip in consultation with the relevant political parties: Provided that the number of PR Councillors does not exceed that of the number of Ward Councillors:

3.1 RCF/SECTION 80 COMMITTEE: REGION 1 Members: Ward Councillors (25) 1. APHANE, IM ANC Ward 33 2. BALOYI, JJ ANC Ward 39 3. CHILOANE, EP ANC Ward 90 4. DHLAMINI, SF ANC Ward 12 5. DUVENAGE, Y DA Ward 2 6. HLATSHWAYO, PB ANC Ward 25 7. KGATLE, TF ANC Ward 31 8. LEHOBYE, DJ ANC Ward 20 9. MASANGO, V ANC Ward 11 10. MASEKO, PL ANC Ward 35 11. MASELANE, SE ANC Ward 9 12. MASEMOLA, CS ANC Ward 88 13. MATJENE, MH ANC Ward 34 14. MLOTSHWA, EM ANC Ward 94 15. MONTLHA, SP ANC Ward 37 16. MOTAUNG, TB ANC Ward 22 17. MUTUMANE, ED ANC Ward 19 18. NDLOVU, NGJ ANC Ward 26 19. PIETERSEN, IJ DA Ward 4 20. RALLELE, M ANC Ward 27 21. RASEGOETE, MM ANC Ward 24 22. SINDANE, JM ANC Ward 21 23. SKHOSANA, MN ANC Ward 89 24. SUTHERLAND, M DA) Ward 98 25. TSHABALALA, ES ANC Ward 36 PR Councillors (not to exceed 25) To be deployed by the Chief Whip after consultation with the relevant political parties.

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3.2 RCF/SECTION 80 COMMITTEE: REGION 2 Members: Ward Councillors (15) 1. BALOYI, JK ANC Ward 76 2. BREYTENBACH, AS DA Ward 50 3. COETZEE, JJ DA Ward 96 4. DINALE, AL ANC Ward 8 5. MALULEKA, AM ANC Ward 95 6. MASHAPA, MA ANC Ward 49 7. MPHAGA, IS ANC Ward 75 8. NKOSI, FE ANC Ward 29 9. PHAHLANE, AK ANC Ward 13 10. QEBELU, SN ANC Ward 74 11. RAMMUSHI, JP ANC Ward 30 12. RANGAKO, TM ANC Ward 14 13. SIPHUTUMA, BT ANC Ward 73 14. THEMA, FM ANC Ward 32 15. VAN NIEKERK, AM DA Ward 5 PR Councillors (not to exceed 15) To be deployed by the Chief Whip after consultation with the relevant political parties. 3.3 RCF/SECTION 80 COMMITTEE: REGION 3 Members: Ward Councillors (24) 1. CELIPHILE, M ANC Ward 63 2. DE BRUIN, CRE DA Ward 3 3. DU PLOOY, J DA Ward 53 4. FOURIE, RP DA Ward 84 5. LINDE, E DA Ward 54 6. MAGODIELO, TK ANC Ward 51 7. MAHWAYI, MM ANC Ward 62 8. MAKOLA, MA ANC Ward 71 9. MAMPURU, SF ANC Ward 60 10. MASHOLA, MS ANC Ward 7 11. MEME, MN ANC Ward 58 12. MOLABA, PF ANC Ward 80 13. MULAUDZI, LG ANC Ward 81 14. MULLER, S DA Ward 82 15. NEL, EJ DA Ward 1 16. NEL, PA DA Ward 42 17. NGOBENI, JM ANC Ward 68 18. PRINSLOO, CD ADV DA Ward 56 19. RINGANE, MB ANC Ward 107 20. SEDIBENG, SL ANC Ward 72

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21. SMITH, FJ DA Ward 52 22. TAU, AM DA Ward 92 23. VAN WYK, FW DA Ward 55 24. WILKINSON, S DA Ward 59 PR Councillors (not to exceed 24) To be deployed by the Chief Whip after consultation with the relevant political parties. 3.4 RCF/SECTION 80 COMMITTEE: REGION 4 Members: Ward Councillors (12) 1. BILLSON, C DA Ward 69 2. ESSOP, M ANC Ward 61 3. FARQUHARSON, DJ DA Ward 57 4. KRUGER-MULLER, ME DA Ward 70 5. MAILA, ST ANC Ward 77 6. MCDONALD, CN DA Ward 64

7. STRIJDOM, CE DA Ward 66 8. SUTTON, P DA Ward 78 9. TSELA, CD ANC Ward 106 10. VAN BUUREN, JG DA Ward 79 11. VISSER, GP DA Ward 65 12. WAKELIN, KH DA Ward 48 PR Councillors (not to exceed 12) To be deployed by the Chief Whip after consultation with the relevant political parties. 3.5 RCF/SECTION 80 COMMITTEE: REGION 5 Members: Ward Councillors (3) 1. MALEKA, RR ANC Ward 100 2. PIENAAR, CF DA Ward 87

3. WELMANS, LJ DA Ward 99

PR Councillors (not to exceed 3) To be deployed by the Chief Whip after consultation with the relevant political parties.

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3.6 RCF/SECTION 80 COMMITTEE: REGION 6 Members: Ward Councillors (24) 1. AUCAMP, MGW DA Ward 47 2. BEKKER, CF DA Ward 83 3. BOROTO, AS ANC Ward 17 4. BOTHA, EAL DA Ward 44 5. CHAPMAN, BW DA Ward 41 6. LAWRENCE, BW DA Ward 43 7. MAJA, SD ANC Ward 40 8. MANTJANE, MA ANC Ward 10 9. MARISHANE, MS ANC Ward 16 10. MASEMOLA, VI ANC Ward 18 11. MASILELA, JK ANC Ward 15 12. MASILELA, JW ANC Ward 6 13. MASUPA, NR ANC Ward 93 14. MATHOPA-MATHE, D ANC Ward 67 15 MIDDELBERG, LR DA Ward 45 16. MOKGALOTSI, NA ANC Ward 97 17. MOKHARE, JN ANC Ward 23 18. NTLATLENG, WT ANC Ward 86 19. SEBOTSANE, MP ANC Ward 38 20. STRANGE, MI DA Ward 101 21. UYS, J DA Ward 85 22. UYS, R DA Ward 91 23. VAN HEERDEN, PW DA Ward 46 24. ZITHA, PB ANC Ward 28 PR Councillors (not to exceed 24) To be deployed by the Chief Whip after consultation with the relevant political parties. 3.7 RCF/SECTION 80 COMMITTEE: REGION 7 Members: Ward Councillors (4) 1. MABELANE, VP ANC 104 2. MAHLANGU, JT ANC 105

3. MATHENJWA, NL ANC 102 4. MOLOI, ED ANC 103

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PR Councillors (not to exceed 4) 1. To be deployed by the Chief Whip after consultation with the relevant political

parties. 2. That the Terms of Reference of the Regional Councillor Forums

(RCFs)/Section 80 Committees be approved as set out in Annexure A of this report; and

3. That cognisance be taken of the current Functions and Services rendered in

the Regions as set out in Annexure B. During consideration of this item by Council on 30 March 2017, the following Councillors participated in a debate: MD Matsena AM Maluleka Prof CJ Napier Subsequently, Cllr MS Marishane seconded by Cllr TF Kgatle proposed the following additional recommendation:

(Unaltered)

“As ANC would like to add recommendation:

That Ward 29, 30, 31, 32 be included in the list of Wards in Region 1.” The Council acceded to Cllr Marishane’s proposal. The Executive Mayor hereafter appointed the following MMC’s to chair the respective RCF’s / Section 80 Committees in line with recommendation 2 of the report: Region 1 – MMC M Mkhari Region 2 – MMC D Moss Region 3 – MMC M Fourie Region 4 – MMC C Brink Region 5 – MMC NL Mokhotho Region 6 – MMC TM Nkomo Region 7 – MMC SL Senkubuge It was thereafter resolved as set out below: RESOLVED: 1. That the institutionalisation of Regional Councillor Forums (RCFs) as

Committees in terms of Section 80 of the Local Government Structures Act, 1998 (Act 117 of 1998) be approved for implementation with effect from 1 March 2017;

2. That the following MMCs be appointed by the Executive Mayor to chair the

respective RCFs/Section 80 Committees:

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2.1 RCF/SECTION 80 COMMITTEE: REGION 1 Chairperson: M Mkhari 2.2 RCF/SECTION 80 COMMITTEE: REGION 2 Chairperson: D Moss 2.3 RCF/SECTION 80 COMMITTEE: REGION 3 Chairperson: M Fourie 2.4 RCF/SECTION 80 COMMITTEE: REGION 4 Chairperson: C Brink 2.5 RCF/SECTION 80 COMMITTEE: REGION 5 Chairperson: NL Mokhotho 2.6 RCF/SECTION 80 COMMITTEE: REGION 6 Chairperson: TM Nkomo 2.7 RCF/SECTION 80 COMMITTEE: REGION 7 Chairperson: SL Senkubuge 3. That the Ward Councillors listed hereafter, be appointed in terms of Section 79

(2)(c) of the Municipal Structures Act, 1998 (Act 117 of 1998) and that the PR Councillors be deployed as members of the respective RCFs/Section 80 Committees by the Chief Whip in consultation with the relevant political parties: Provided that the number of PR Councillors does not exceed that of the number of Ward Councillors:

3.1 RCF/SECTION 80 COMMITTEE: REGION 1

Members: Ward Councillors (25) 1. APHANE, IM ANC Ward 33 2. BALOYI, JJ ANC Ward 39 3. CHILOANE, EP ANC Ward 90 4. DHLAMINI, SF ANC Ward 12 5. DUVENAGE, Y DA Ward 2 6. HLATSHWAYO, PB ANC Ward 25 7. KGATLE, TF ANC Ward 31 8. LEHOBYE, DJ ANC Ward 20 9. MASANGO, V ANC Ward 11 10. MASEKO, PL ANC Ward 35 11. MASELANE, SE ANC Ward 9

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12. MASEMOLA, CS ANC Ward 88 13. MATJENE, MH ANC Ward 34 14. MLOTSHWA, EM ANC Ward 94 15. MONTLHA, SP ANC Ward 37 16. MOTAUNG, TB ANC Ward 22 17. MUTUMANE, ED ANC Ward 19 18. NDLOVU, NGJ ANC Ward 26 19. PIETERSEN, IJ DA Ward 4 20. RALLELE, M ANC Ward 27 21. RASEGOETE, MM ANC Ward 24 22. SINDANE, JM ANC Ward 21 23. SKHOSANA, MN ANC Ward 89 24. SUTHERLAND, M DA Ward 98 25. TSHABALALA, ES ANC Ward 36 PR Councillors (not to exceed 25) To be deployed by the Chief Whip after consultation with the relevant political parties. 3.2 RCF/SECTION 80 COMMITTEE: REGION 2 Members: Ward Councillors (15) 1. BALOYI, JK ANC Ward 76 2. BREYTENBACH, AS DA Ward 50 3. COETZEE, JJ DA Ward 96 4. DINALE, AL ANC Ward 8 5. MALULEKA, AM ANC Ward 95 6. MASHAPA, MA ANC Ward 49 7. MPHAGA, IS ANC Ward 75 8. NKOSI, FE ANC Ward 29 9. PHAHLANE, AK ANC Ward 13 10. QEBELU, SN ANC Ward 74 11. RAMMUSHI, JP ANC Ward 30 12. RANGAKO, TM ANC Ward 14 13. SIPHUTUMA, BT ANC Ward 73 14. THEMA, FM ANC Ward 32 15. VAN NIEKERK, AM DA Ward 5 PR Councillors (not to exceed 15) To be deployed by the Chief Whip after consultation with the relevant political parties. 3.3 RCF/SECTION 80 COMMITTEE: REGION 3 Members:

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Ward Councillors (24) 1. CELIPHILE, M ANC Ward 63 2. DE BRUIN, CRE DA Ward 3 3. DU PLOOY, J DA Ward 53 4. FOURIE, RP DA Ward 84 5. LINDE, E DA Ward 54 6. MAGODIELO, TK ANC Ward 51 7. MAHWAYI, MM ANC Ward 62 8. MAKOLA, MA ANC Ward 71 9. MAMPURU, SF ANC Ward 60 10. MASHOLA, MS ANC Ward 7 11. MEME, MN ANC Ward 58 12. MOLABA, PF ANC Ward 80 13. MULAUDZI, LG ANC Ward 81 14. MULLER, S DA Ward 82 15. NEL, EJ DA Ward 1 16. NEL, PA DA Ward 42 17. NGOBENI, JM ANC Ward 68 18. PRINSLOO, CD ADV DA Ward 56 19. RINGANE, MB ANC Ward 107 20. SEDIBENG, SL ANC Ward 72 21. SMITH, FJ DA Ward 52 22. TAU, AM DA Ward 92 23. VAN WYK, FW DA Ward 55 24. WILKINSON, S DA Ward 59 PR Councillors (not to exceed 24) To be deployed by the Chief Whip after consultation with the relevant political parties. 3.4 RCF/SECTION 80 COMMITTEE: REGION 4 Members: Ward Councillors (12) 1. BILLSON, C DA Ward 69 2. ESSOP, M ANC Ward 61 3. FARQUHARSON, DJ DA Ward 57 4. KRUGER-MULLER, ME DA Ward 70 5. MAILA, ST ANC Ward 77 6. MCDONALD, CN DA Ward 64

7. STRIJDOM, CE DA Ward 66 8. SUTTON, P DA Ward 78 9. TSELA, CD ANC Ward 106 10. VAN BUUREN, JG DA Ward 79 11. VISSER, GP DA Ward 65 12. WAKELIN, KH DA Ward 48

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PR Councillors (not to exceed 12)

To be deployed by the Chief Whip after consultation with the relevant political parties.

3.5 RCF/SECTION 80 COMMITTEE: REGION 5

Members: Ward Councillors (3) 1. MALEKA, RR ANC Ward 100 2. PIENAAR, CF DA Ward 87

3. WELMANS, LJ DA Ward 99 PR Councillors (not to exceed 3) To be deployed by the Chief Whip after consultation with the relevant political parties. 3.6 RCF/SECTION 80 COMMITTEE: REGION 6 Members: Ward Councillors (24) 1. AUCAMP, MGW DA Ward 47 2. BEKKER, CF DA Ward 83 3. BOROTO, AS ANC Ward 17 4. BOTHA, EAL DA Ward 44 5. CHAPMAN, BW DA Ward 41 6. LAWRENCE, BW DA Ward 43 7. MAJA, SD ANC Ward 40 8. MANTJANE, MA ANC Ward 10 9. MARISHANE, MS ANC Ward 16 10. MASEMOLA, VI ANC Ward 18 11. MASILELA, JK ANC Ward 15 12. MASILELA, JW ANC Ward 6 13. MASUPA, NR ANC Ward 93 14. MATHOPA-MATHE, D ANC Ward 67 15 MIDDELBERG, LR DA Ward 45 16. MOKGALOTSI, NA ANC Ward 97 17. MOKHARE, JN ANC Ward 23 18. NTLATLENG, WT ANC Ward 86 19. SEBOTSANE, MP ANC Ward 38 20. STRANGE, MI DA Ward 101 21. UYS, J DA Ward 85 22. UYS, R DA Ward 91 23. VAN HEERDEN, PW DA Ward 46 24. ZITHA, PB ANC Ward 28

126

PR Councillors (not to exceed 24) To be deployed by the Chief Whip after consultation with the relevant political parties. 3.7 RCF/SECTION 80 COMMITTEE: REGION 7 Members: Ward Councillors (4) 1. MABELANE, VP ANC 104 2. MAHLANGU, JT ANC 105

3. MATHENJWA, NL ANC 102 4. MOLOI, ED ANC 103

PR Councillors (not to exceed 4) 1. To be deployed by the Chief Whip after consultation with the relevant political

parties. 2. That the Terms of Reference of the Regional Councillor Forums

(RCFs)/Section 80 Committees be approved as set out in Annexure A of this report; and

3. That cognisance be taken of the current Functions and Services rendered in

the Regions as set out in Annexure B.

4. That Ward 29, 30, 31 and 32 be included in the list of the Wards in Region 1.

127

TJ BABANE (012 358 1795) COUNCIL: 30 March 2017 3. REPORT OF THE SPEAKER

REPORT ON APPOINTMENT OF CIVILIAN MEMBERS TO SERVE IN THE CIVILIAN OVERSIGHT STANDING COMMMITTEE

The purpose of this report is to submit the names of the civilian members to serve in the Civilian Oversight Committee, as finalised by the panel which was established in line with the terms of reference of the Civilian Oversight Committee, for ratification by Council. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED:

1. That cognisance be taken of the contents of this report.

2. That, pursuant to the Council resolution(s) of 26 July 2012, the following

Civilian members be appointed to serve in the Civilian Oversight Committee with effect from 1 April 2017. • Leon Du Plessis • Cameron Brighton Ngwenya • Ge Andries BreytenBach • Carl Stegman

3. That, further pursuant to the Council resolution of 26 July 2012, the Civilian

members herein, i.e. Leon Du Plessis, Cameron Brighton Ngwenya ,Ge Andries BreytenBach Carl Stegman, be remunerated at a rate of R1 000,00 per month for purposes of out of pocket expenses.

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L. CONCLUSION

The Speaker thanked all Councillors for their valuable inputs during the meeting and concluded the meeting at 23:50.

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Minutes Council meeting 30 March 2017 · 45. Pretorius GC 46. Roos AC 47. Selowa D 48. Senkubuge SL...

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