COUNCIL MEETING: 29 MARCH 2018 - ANNEXURE A - Tshwane
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1 COUNCIL MEETING: 29 MARCH 2018 ANNEXURE A PAGES RESOLUTIONS OF THE MAYORAL COMMITTEE: 7 FEBRUARY 2018 ……………………………………………………… 1 - 32 HIS WORSHIP THE EXECUTIVE MAYOR TS MSIMANGA
2 A. MAYORAL COMMITTEE MEETING: 7 FEBRUARY 2018: ANNEXURE A INDEX Pages I. APPLICATIONS FOR LEAVE OF ABSENCE ………...…………….. 3 II. APPROVAL OF THE MINUTES OF THE MAYORAL COMMITTEE MEETING: 17 JANUARY 2018 AND THE MINUTES OF THE SPECIAL MAYORAL COMMITTEE: 22 JANUARY 2018 ………….. 3 III. MATTERS CONSIDERED 1. Ref. no. 92842/1 Group Audit and Risk Department Report on the Gaps and Process challenges identified in the insurance value chain with recommendations to implement cost saving measures to reduce insurance claim cost and insurance premiums paid to the insurers by the City of Tshwane (From the Executive Committee: 8 January 2018) ………………. 4-16 2. Ref. no. 61679/1 Group Legal and Secretariat Services Department Progress report on the status of the Tshwane Business and Agricultural Corporation (TSHWABAC) (From the Executive Committee: 8 January 2018) ………………. 17-20 3. Ref. no. 19106/1 Customer Relations Management Department City of Tshwane revised service norms and standards: 2018 (From the Executive Committee: 22 January 2018) ……………... 21-27 4. Ref. no. 37410/1 Office of the Chief Whip Office of the Chief Whip Organisational Performance Reports for Quarter 2 2017/18 (From the Executive Committee: 22 January 2018) …………….. 28-32
3 A. MAYORAL COMMITTEE MEETING: 7 FEBRUARY 2018: ANNEXURE A I. APPLICATIONS FOR LEAVE OF ABSENCE NOTED: (a) That the Chief Financial Officer requested to leave the meeting at 13:00 to attend lectures; (b) That the Group Head: roads and Transport would arrive late due to a family responsibility; and (c) That the Group Head: Health would arrive late due to an unexpected departmental matter. RESOLVED: That the following applications for leave of absence be ACCEPTED: • Member of the Mayoral Committee: Community and Social Development Services; • Member of the Mayoral Committee: Roads and Transport; and • Acting Divisional Head: City Sustainability. II. APPROVAL OF THE MINUTES OF THE MAYORAL COMMITTEE MEETING: 17 JANUARY 2018 AND THE MINUTES OF THE SPECIAL MAYORAL COMMITTEE: 22 JANUARY 2018 RESOLVED: 1. That the minutes of the Mayoral Committee of 17 January 2018 be approved and confirmed subject to the following amendment: Item V. Applications for leave of absence, page 8: That the City Manager be reflected under the applications for leave of absence be accepted. 2. That the minutes of the Special Mayoral Committee of 22 January 2018 be approved and confirmed.
4 A. MAYORAL COMMITTEE MEETING: 7 FEBRUARY 2018: ANNEXURE A III. MATTERS CONSIDERED Reference No 92842/1 Moeketsi Ntsimane (0947) MAYORAL COMMITTEE: 7 February 2018 1. GROUP AUDIT AND RISK DEPARTMENT REPORT ON THE GAPS AND PROCESS CHALLENGES IDENTIFIED IN THE INSURANCE VALUE CHAIN WITH RECOMMENDATIONS TO IMPLEMENT COST SAVING MEASURES TO REDUCE INSURANCE CLAIM COST AND INSURANCE PREMIUMS PAID TO THE INSURERS BY THE CITY OF TSHWANE (From the Executive Committee: 8 January 2018) 1. PURPOSE To report on the following matters: a. Objective of the Insurance Management Section, Risk Management Division, Group Audit and Risk. b. Key activities of the Insurance Management Section. c. 2017/2018 Insurance renewal overview. d. Gaps and process challenges identified in the insurance value chain and recommendations to address these gaps. e. Segregation of duties and responsibilities for annual insurance renewal, asset-, motor- and liability claims. f. Cost saving measures and specific recommendations to reduce insurance claim cost and insurance premiums paid to the Insurers. 2. STRATEGIC PILLAR STRATEGIC PILLAR 5 A City that is open, honest and responsive. 3. BACKGROUND The Insurance Management Section is responsible for the administration and management of insurable operations in such a way that the loss exposures of the City of Tshwane are: a. Adequately insured per the annual insurance renewal program;
5 b. Reduced by recommending loss exposure mitigation plans to minimize the impact and frequency of claimable losses; The following key activities are executed by the Insurance Management Section: a. Asset - and motor claims reporting- and settlement administration. b. Administer the reinstatement (repair/replacement) of claimable losses to ensure that the service delivery by the City of Tshwane is not hampered in order for the community to prosper in a safe and healthy environment. c. Settlement of public – and motor liability claims less than the deducible amount (R100k). d. Settlement of deductible amount (R100k) of public – and motor liability claims to Insurers. e. Funding of insurable claims settled by allocating SAP Work Breakdown numbers per the allocated operating budget of the City of Tshwane per settled claim. f. Allocation of SAP Work Breakdown numbers for insurable capital asset claims settled on the Asset - and Vehicle Capital Replacement Projects per settled claim. g. Injury-On-Duty accidents reporting- and administration. h. Annual Insurance Renewal Programme. i. Ad-hoc declarations to insurers during the financial year of procured assets, vehicles, asset-under-construction contracts, events, delegated international travel days, activities of the City of Tshwane that can result in loss exposure. 4. DISCUSSION 4.1 2017/2018 INSURANCE RENEWAL OVERVIEW a. An annual Renewal Questionnaire was compiled based on requirements of the panel of Insurers – October 2016 b. Annual renewal workshops are held with departments and regions – January 2017 - February 2017 (liaising with departments from November 2016) c. Departments/regions declared all assets/vehicles, assets-under-construction contracts and loss exposures in the Renewal Questionnaire – February 2017 d. Heads of departments or Regional Executive Directors sign-off the completed Renewal Questionnaire – end of February 2017 e. Questionnaires were amalgamated into an Insurance Broking Pack presented to the panel of Insurers per Tender GAR-02/20142015 – end of March 2017
6 f. Meetings with panel of Insurers on compiled Insurance Broking Pack including claims statistics, categories of risk, excess structures, limits of indemnity, contingency/self-insurance and uninsured risks – April 2017 g. The Insurers participating in category of risk, present quotations with conducted risk surveys, recommended insurance cover, excess amounts, limits of indemnity and premiums – May 2017 h. Issuing of signed-off insurance policies and payment of annual insurance premiums – August 2017 4.2 GAPS AND PROCESS CHALLENGES IDENTIFIED IN THE INSURANCE VALUE CHAIN AND RECOMMENDATIONS TO ADDRESS THESE GAPS 4.2.1 NON-MOTOR AND MOTOR INSURANCE VALUE CHAIN CHALLENGES IN THE ADMINISTRATION OF THE CITY’S INSURANCE POLICIES AND CLAIMS An employee involved in an incident of loss or damage does not report the incident within 24-hours to the South African Police Services (SAPS) Station or Tshwane Metro Police Department to obtain either the SAPS Case-number or the Tshwane Metro Police Accident Report (AR) number. The incident is not reported by the involved employee within 1 (one) working day to the employee responsible in the department/region to capture the incident of loss/damage on the electronic claims system to notify the Group Audit and Risk, Insurance Management Section. The employee responsible to verify the data captured and documents uploaded by the employee on the electronic claims system does not adhere to the time frame period to verify and submit the claim on the electronic claim system. The Insurer has the right to repudiate a reported incident of loss/damage if not notified of the incident within 30-days from date of the incident. An increase in the number of theft incident of All-Risk-Assets i.e. laptops/cameras/ GPS devices out of offices, private vehicles and private residences, due to the All- Risk-Assets not kept out of public view and locked away when not in use. An increase in the number of incidents of theft out of unlocked offices of employees. The Fleet Controller does not complete the Internal Job Card and submit the completed Internal Job Card with the vehicle involved in an accident to the Corporate Fleet Management Division, Shared Services Department within 2 (two) working days after the accident occurred. Departments/Regions take the vehicle to the Corporate Fleet Management Division, Shared Services Department at 9 Bosman Street without submitting the required completed Internal Job Card and the claim reference number, after the claim was captured on the electronic claims system. The department/regions must keep record of the expiry date of the driver’s license of employees to ensure that the driver’s license does not expire, whilst employees are still driving the vehicles.
7 Drivers of CoT vehicles do not report damages to the vehicles at the end of their shift or working day to their Fleet Controllers or Supervisors. Damages to the vehicles escalated until such time that the vehicle is involved in a major accident and then the Assessor deem the previous damages as “old” and does not approve the repair of the “old” damage to the vehicle. 4.2.2 SINKHOLES, INSURANCE AND MAINTENANCE OF NETWORK INFRASTRUCTURE CHALLENGES IN THE ADMINISTRATION OF THE CITY’S INSURANCE POLICIES AND CLAIMS Insurers do not insure sinkholes caused by leaking water- and/or sewerage pipes in the jurisdiction area of the City of Tshwane. The City of Tshwane has a reported number of 124 (one-hundred-and-twenty-four) sinkholes of almost all were caused by leaking water- and/or sewerage pipes. The City of Tshwane must budget for these type of sinkhole incidents which are deemed uninsured by the Insurer. The projected budget for the repair, rehabilitation and geological investigations are estimate at R62-million over the next 3 (three) financial years to be funded by the affected departments/regions. 4.2.3 INSURANCE CLAIMS ON CABLE THEFT AND DAMAGE TO SERVICE INFRASTRUCTURE BY CONTRACTORS VALUE CHAIN CHALLENGES IN THE ADMINISTRATION OF THE CITY’S INSURANCE POLICIES AND CLAIMS A significant increase in the number of theft of electricity conductors and vandalism to electricity conductors/infrastructure incidents reported. Due to the theft of electricity conductors and vandalism to electricity conductors/ infrastructure being a high risk area to the Insurers, only the first 150 meter of electricity conductors in a radius around City of Tshwane insurance property is covered by the Insurer. The remainder of the distance of cable stolen/vandalized are not covered by the Insurer and deemed as an uninsured risk. The departments/regions must make use of their internal maintenance budget to repair or replace the stolen and/or vandalized cables immediately, which result in their maintenance budgets being depleted. Contractors not employed by the City of Tshwane, referred to as third parties, damaging the electricity-, water- and sewerage infrastructure do not report the matter to the relevant City of Tshwane Project Manager in the department/region. The affected department/region to submit a SAP Work Order, indicating the Material-, Transport- and Labour cost per incident to ensure that the actual claim amount is not inflated to make provision for “regular maintenance work” on the reported incident 4.2.4 DATA INTEGRITY OF ASSETS/VEHICLES DECLARED CHALLENGES DURING THE ANNUAL INSURANCE RENEWAL PROCESS Departments/regions do not declare all assets/vehicles either procured on under their custody and control to Group Audit and Risk, Insurance Management Section during the annual insurance renewal process.
8 Departments/Regions do not declare the actual replacement value of assets and retail- or agreed value of vehicles during the annual insurance renewal process. The Insurers will therefore insure only the assets and/or vehicles of the City of Tshwane that are declared by the departments/regions. The City of Tshwane pays insurance premiums on incorrect or inflated insured values of assets and/or vehicles. 4.3 SAVING MEASURES TO REDUCE INSURANCE CLAIM COST AND INSURANCE PREMIUMS PAID TO THE INSURERS a. Group Heads are to establish Loss and Damage Committees to investigate the cause of each incident of loss or damage reported. b. Employees found guilty of misconduct or negligence in the Loss and Damage Committees are to be charged in terms of the Disciplinary Policies of the City, taking into account damages incurred. c. Group Heads are to utilize the claims statistics to implement risk management action plans to mitigate the number of incidents, or reoccurrence of incident trends. d. High risk areas of the City are to be identified in which a magnitude of losses occur to be safeguarded by Tshwane Metro Police Department. e. Copper Theft Forum established to monitor the theft of electricity conductors. f. Dedicated internal investigations to establish whether there is collusion between copper thieves and officials. g. Liaison with the SAPS, Community Security Forums and Second Hand Dealers/Scrap Yards of copper to assist to prevent or report incident of losses and persons selling pieces of copper cable. h. Group Heads are to ensure that the correct values of assets and vehicles are declared to ensure that the correct insurance premiums are charged. i. The Insurance Portfolio of the City of Tshwane be scrutinized for necessity of the insurance covers, deductible structures, limits of indemnity and insured values.
9 4.4 SPECIFIC RECOMMENDATIONS 4.4.1 NON-MOTOR AND MOTOR INSURANCE CLAIMS An employee involved in an incident of loss or damage must report the incident within 24-hours to the South African Police Services (SAPS) Station or Tshwane Metro Police Department to obtain either the SAPS Case-number or the Tshwane Metro Police Accident Report (AR) number. The incident of loss/damage must be reported by the involved employee within 1 (one) working day to the employee responsible in the department/region to capture the incident of loss/damage on the electronic claims system to notify through the Section: Insurance Management Section the Insurer. The employee role-mapped as the Capturer in the department/region must capture the incident of loss/damage within 5-working days on the electronic claims system. The employee role-mapped as Authorizer must verify the data captured and documents uploaded by the employee on the electronic claims system within 2- working days, after the claim was captured, on the electronic claim system. The Insurer has the right to repudiate a reported incident of loss/damage if not notified of the incident within 30-days from date of the incident. All employees issued with Asset-All-Risk assets i.e. laptops/cameras/GPS devices out of offices, private vehicles and private residences, must sign-off a Letter of Consent with the Cost Centre Owner of the department/region, before the assets are taken out of the office for official purposes. Employees to ensure that All-Risk-Assets are not left unattended in public view in vehicles or in private residences for visual exposure. Employees must exercise proper key control of their offices/lockers and door locks must be replaced, if assets are stolen from locked offices. Employees who leave their offices, must lock their offices. That an employee be held responsible for the financial loss should an asset be stolen out of an unlocked office. The Fleet Controller must complete the Internal Job Card and submit the completed Internal Job Card with the vehicle involved in an accident to the Corporate Fleet Management Division, Shared Services Department within 2 (two) working days after the accident occurred. Fleet Controllers in departments/regions be held accountable for non-adherence to the submission of completed Internal Job Cards indicating the claim reference number and location of the damage(s) to the vehicles, with the vehicles to 9 Bosman Street, within 2 (two) working days, after the vehicles were involved in accidents. The department/regions must keep record of the expiry date of the driver’s license of employees to ensure that the driver’s license does not expire, whilst employees are still driving the vehicles.
10 Drivers of CoT vehicles must report damages to the vehicles at the end of their shift or working day to their Fleet Controllers or Supervisors. Fleet Controllers/Supervisors to ensure that inspections are done on vehicles daily at the end of a shift or working day to report damages to the vehicles. Group Heads to ensure that employees who drive vehicles are in possession of a valid driver’s license as required in terms of the licensing laws relating to the relevant territories and to implement procedures to follow-up that the drivers’ licenses are free of endorsements or endorsed as shown. Group Heads in conjunction with the Shared Services Department are to ensure that all vehicles be maintained in a roadworthy condition. General driving evaluation be done by annually by the Metro Police Department of all drivers of CoT vehicles and drivers must undergo annual medical surveillance. Group Heads to institute action plans to mitigate the number of vehicle accidents where an employee reverse into an object, with no third party involved. Agreement of Loss documents be signed-off by the relevant Cost Centre Owner and be returned to the Insurance Management Section, within 5-working days after receipt. 4.4.2 SINKHOLES, INSURANCE AND MAINTENANCE OF NETWORK INFRASTRUCTURE Group Heads are to implement annual maintenance- and repair programs for water/sewerage pipes to ensure that pipes do not leak or erode, causing sinkholes that are currently not insurable. 4.4.3 INSURANCE CLAIMS ON CABLE THEFT AND DAMAGE TO SERVICE INFRASTRUCTURE BY CONTRACTORS High risk areas of the City are to be identified in which a magnitude of losses occur to be safeguarded by Tshwane Metro Police Department. Copper Theft Forum established to monitor the theft of electricity conductors. Dedicated internal investigations to establish whether there is collusion between copper thieves and officials. Liaison with the SAPS, Community Security Forums and Second Hand Dealers/Scrap Yards of copper to assist to prevent or report incident of losses and persons selling pieces of copper cable. Close working relationship between Insurance Management Section and Regional Operations and Coordination to ensure that the settled claims be funded back to the relevant department/region’s maintenance budget.
11 Group Legal and Secretariat Services Department to liaise with the affected departments/regions on the claims reporting procedure to recover damaged the electricity-, water- and sewerage infrastructure from third party contractors not insured by the City of Tshwane insurer on declaration basis. 4.4.4 DATA INTEGRITY OF ASSETS/VEHICLES DECLARED CHALLENGES DURING THE ANNUAL INSURANCE RENEWAL PROCESS Group Heads are to ensure that the correct values of assets and vehicles are declared to ensure that the correct insurance premiums are charged. Heads of departments or Regional Executive Directors sign-off the completed Renewal Questionnaire within the prescribe time frame of the annual insurance renewal process. 5. COMMENTS OF THE STAKEHOLDER DEPARTMENTS 5.1 COMMENTS OF THE CHIEF FINANCIAL OFFICER Note is taken of the status and the challenges experienced on insurance claims in the City. After perusal of the contents of the report, the Group Financial Services Department supports the recommendations of the report since they are in line with the City of Tshwane Financial Recovery Plan (FRP). The Group Financial Services Department recommends that all departments should be encouraged to cooperate with the Group Audit and Risk Management Department (Insurance Claims Division) as it will serve the best interest of the City. The Group Financial Services Department will render further financial comments on future reports in this regard. 5.2 COMMENTS OF THE GROUP HEAD: GROUP LEGAL AND SECRETARIAT SERVICES The purpose of this report is to report on the following matters: • Objective of the Insurance Management Section, Risk Management Division, Group Audit and Risk. • Key activities of the Insurance Management Section. • 2017/2018 Insurance renewal overview. • Gaps and process challenges identified in the insurance value chain and recommendations to address these gaps. • Segregation of duties and responsibilities for annual insurance renewal, asset-, motor- and liability claims. • Cost saving measures and specific recommendations to reduce insurance claim cost and insurance premiums paid to the Insurers.
12 In terms of Section 11(3) (a) (d) & (n) of the Local Government: Municipal Systems Act 32 of 2000, A municipality exercises its legislative or executive authority by developing and adopting policies, plans, strategies and programs, including setting of targets for delivery, administering and regulating its internal affairs and doing anything else within its legislative and executive competence. It must be noted that the Accounting Officer is required by Section 62 of the Municipal Finance Management Act 56 of 2003, to take all responsibility for managing the financial administration of the municipality, and must for this purpose take all reasonable steps to ensure— (a) that the resources of the municipality are used effectively, efficiently and economically; (b) that full and proper records of the financial affairs of the municipality are kept in accordance with any prescribed norms and standards; (c) that the municipality has and maintains effective, efficient and transparent systems— (i) of financial and risk management and internal control; and (ii) of internal audit operating in accordance with any prescribed norms and Standards. In accordance with Section 63 of the Municipal Finance Management Act 56 of 2003, the accounting officer of a municipality is responsible for the management of— (a) the assets of the municipality, including the safeguarding and the maintenance of those assets; and (b) the liabilities of the municipality. (2) The accounting officer must for the purposes of subsection (1) take all reasonable steps to ensure— (a) that the municipality has and maintains a management, accounting and information system that accounts for the assets and liabilities of the municipality; (b) that the municipality’s assets and liabilities are valued in accordance with standards of generally recognised accounting practice; and (c) that the municipality has and maintains a system of internal control of assets and liabilities, including an asset and liabilities register, as may be prescribed. This report is in compliance with the provisions of Performance Management Policy and Procedure developed by the City of Tshwane (dated 28 August 2008), as required by Regulation 13 of Performance Management Regulations, 2001 published under the Municipal Systems Act, 2000 (Act 32 of 2000), in terms of which the purpose of reporting or giving feedback is to assist in monitoring, which
13 aim to provide Managers, decision makers and other stakeholders with a regular feedback on the progress made with implementation so that corrective measures may be put into place, where necessary. Having taken regard to the aforesaid and with specific reference to the contents of the report, Group Legal and Secretariat Services Department support the approval of the report and the recommendations thereof and submits that the report be referred to the Mayoral Committee and the Accounting Officer for their attention, cognisance and approval of the recommendations herein. 6. IMPLICATIONS 6.1 HUMAN RESOURCES The high number of crime incidents in the City of Tshwane is increasing the work load in general in the Insurance Management Section. 6.2 FINANCES The non-adherence by departments/regions to the reporting- and settlement procedures of non-motor and motor claims will result in claims being repudiated and departments/regions will be held responsible for the repair or replacement of assets on their Operating- and/or Capital budgets that can impact on service delivery. The non-adherence by departments/regions to declare awarded Contractor All Risk- and Contractor Liability contracts before the commencement date of the contracts will result in contracts not being insured adequately and departments/regions will be held responsible either for the repair or replacement of assets under construction on their Operating- and/or Capital budgets or settle liability claims instituted by third parties for personal damage, loss, injuries and/or death during the execution of the works of the awarded contracts. The non-adherence by departments/regions to declare and report claims relating to ad-hoc exhibitions, personal accidents of reservists/volunteers/employees, approved delegated international travels and properties leased by tenants will result in departments/regions being held responsible for the repair or replacement of assets of the City of Tshwane or the medical and other related claim costs of reservists/volunteers/employees on their Operating- and/or Capital budgets. The non-compliance of employees to report and submit the relevant documentation of alleged Injury-On-Duties as per the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993), as amended will result in the employees being held liable for the payment of all relevant costs pertaining to the alleged Injury-On-Duties and the sick leave taken by the employees will not be converted to Injury-On-Duty Special Sick Leave. The incorrect declared insured values of asset and vehicles will result in an increase in the payment of insurance premium to the Insurers. Group Heads are to establish Loss and Damage Committees to investigate the cause of each incident of loss or damage reported.
14 Employees found guilty of misconduct or negligence in the Loss and Damage Committees are to be charged in terms of the Disciplinary Policies of the City, taking into account damages incurred. 6.3 CONSTITUTIONAL AND LEGAL FACTORS Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993), as amended. Municipal Finance Management Act, 2003 (Act No. 56 of 2003) Annual Insurance Policies Wordings 6.4 COMMUNICATION Submit the Weekly Claims Operational Report to the departmental/regional contact persons of the City of Tshwane to view the current statuses of non-motor and motor claims registered on the electronic claims system. Conduct a monthly practical training sessions on the working of the electronic claims system with the employees of the City of Tshwane to train employees on the insurance claims reporting- and settlement procedure. Conduct bi-annual Non-Motor and Motor Insurance Claims Meetings with the departmental contact persons of the CoT to discuss the insurance claims reporting- and settlement procedure of the CoT and non-motor claims not finalized. Conduct bi-annual Non-Motor and Motor Insurance Claims Meetings with the offices of the Regional Executive Directors of the CoT to discuss the insurance claims reporting- and settlement procedure of the CoT and non-motor claims not finalized. Conduct quarterly Injury-On-Duty Claims Meetings with the departmental contact persons of the CoT to discuss the administration- and settlement procedure of the CoT in order to finalize reported Injury-On-Duty incidents. Follow-up monthly with the contact persons in the departments/regions on the progress to reinstate capital assets or vehicles on the CAPEX IDP Projects. Capture monthly on the QPR-System the Actuals on the CAPEX IDP Projects per SAP Statements. Conduct ad-hoc meetings with departments/regions as requested to discuss claims closed due to non-adherence to the insurance claims reporting- and settlement procedures. Conduct ad-hoc meetings and visits to treating medical facilities and practitioners. Provide feedback within 1 (one) working day after an enquiry was received. 6.5 PREVIOUS COUNCIL OR MAYORAL COMMITTEE RESOLUTIONS None.
15 7. CONCLUSION By making use of statistical analysis it enables the Section: Insurance Management, to determine the magnitude of declarations and claims per department, to identify possible risk areas and recommend risk action plans to mitigate the number of incidents of loss/damage/injuries in the City of Tshwane. Group Heads are to adhere to the cost saving measures to reduce the insurance claim cost and insurance premiums paid to the Insurers. IT WAS RECOMMENDED (TO THE MAYORAL COMMITTEE: 7 FEBRUARY 2018): 1. That cognisance be taken of the 2017/2018 insurance renewal overview; 2. That intervention is required urgently for gaps and process challenges identified in the insurance value chain be resolved; 3. That Group Heads ensure that segregation of duties and responsibilities for annual insurance renewal, asset-, motor- and liability claims is finalised as planned; 4. That Group Heads implement measures to close gaps and avert circumvention of controls and implement cost saving measures as recommended above; 5. That Top Management implement specific recommendations to reduce insurance claims, reduce increasing cost on insurance premiums paid to the Insurers, and drive initiatives to mitigate losses; and 6. That cognisance be taken that GAR is working on developing a "defalcation report" which will trend all losses City Wide and requires Group Departments to assess and reflect on root causes and monthly report to Cluster Risk Management Committee and consequently report to Integrated Risk Management Committee, and monthly update to the Member of the Mayoral Committee Top Management meetings. RESOLVED: 1. That cognisance be taken of the 2017/2018 insurance renewal overview; 2. That gaps and process challenges identified in the insurance value chain be resolved; 3. That Group Heads ensure that segregation of duties and responsibilities for annual insurance renewal, asset-, motor- and liability claims are finalised as planned; 4. That Group Heads implement measures to close gaps and avert circumvention of controls and implement cost saving measures as recommended above;
16 5. That the Group Heads implement the specific recommendations outlined in paragraphs 4 and 5 of this report to reduce insurance claims, reduce increasing costs of insurance premiums paid to the insurers and to drive initiatives to mitigate loses and that each Group Head submits a report back on the progress to the Mayoral Committee meeting scheduled for Wednesday, 18 April 2018; 6. That cognisance be taken that Group Audit and Risk is working on developing a "defalcation report" which will trend all losses City Wide and requires Departments to assess and reflect on root causes and to report monthly to Cluster Risk Management Committee, the Integrated Risk Management Committee and the Member of the Mayoral Committee Top Management meetings; and 7. That the Task Team appointed by the Mayoral Committee to implement recommendations on the reform of the fleet management take note of the contents of the report and incorporate into their project charter.
17 Reference No 61679/1 Marna Kock (7392) MAYORAL COMMITTEE: 7 February 2018 2. GROUP LEGAL AND SECRETARIAT SERVICES DEPARTMENT PROGRESS REPORT ON THE STATUS OF THE TSHWANE BUSINESS AND AGRICULTURAL CORPORATION (TSHWABAC) (From the Executive Committee: 8 January 2018) 1. PURPOSE The purpose of the report is to appraise the Mayoral Committee of the developments in the business rescue process involving Tshwane Business and Agricultural Corporation (TSHWABAC). 2. STRATEGIC PILLAR Strategic Pillar No. 5: A City that is open, honest and responsive. 3. BACKGROUND The City of Tshwane Metropolitan Municipality’s predecessors, the Pretoria City Council and the Pretoria Central Metropolitan Substructure was the registered owner of the Tshwane Show Grounds (formally known as Pretoria Show Grounds). The property was originally donated to the Tshwane Business and Agricultural Corporation (TSHWABAC’s) predecessors by the Pretoria City Council in 1995 on condition that it could not be sold without the council’s approval and that the municipality would be entitled to claim re-transfer if it failed to use the property for its intended use. Furthermore, the land owner was prohibited from selling the facility without first seeking approval from the municipality. The property covers more than 38 hectares and is valued at between R400 million and R500 million. The property’s rezoning from farmland to special-use in 2008 meant an increase in rate and taxes. From 2008 to 2012 the company managed to pay the rates and taxes, but in June 2015 the owners to fall into arrears. Earlier this year, Tshwane Business and Agricultural Corporation (TSHWABAC) had approached for an order effectively doing away with the title condition so Tshwane Business and Agricultural Corporation (TSHWABAC) could dispose of the property. This matter was opposed and their court application was dismissed. 4. DISCUSSION Tshwane Business and Agricultural Corporation (TSHWABAC) currently owes rates, taxes and services in excess of R9 000 000, 00 to the municipality. However, the municipality is not the only creditor of Tshwane Business and Agricultural Corporation (TSHWABAC), and had applied for business rescue in terms of the
18 Companies Act. The municipality has filed its claim with the Business Rescue Practitioner and the claim is in included in the list of debts for TSHWABAC. A Business Rescue Plan has been crafted by the practitioner and has been circulated to the creditors for consideration. The current business rescue plan is totally premised on the sale of the fixed asset belonging to TSHWABAC which is the Show Grounds property. In terms of the plan, the proceeds are to be used to pay creditors, of which the municipality is the highest creditor. The meeting of creditors took place on the 31st of October 2017 where the creditors had to vote on the adoption of the proposed business rescue plan. The municipality is the largest creditor, and in terms of Section 152 (2) of the Companies Act, 2008 (Act No. 71 of 2008), the proposed business rescue plan can only be adopted if it was supported by more than 75% of the creditors’ voting interests and the votes in support of the proposed plan included at least 50% of the independent creditors’ voting interests, if any, that were voted. The municipality’s voting percentage is 52,9 %. The municipality’s team indicated that the municipality does not accept the proposed Business Rescue Plan, and will not consent to the sale of the property. Instead, the municipality want the property to be transferred back to the municipality. During the meeting, the TSHWABAC Business Rescue Practitioners contested the municipality team’s position and stated that they have the consent of the City Manager to sell the property. The team denied that any such consent was given whereby the meeting was postponed to give TSHWABAC the opportunity to provide proof of the alleged consent. To date, no such proof of consent was provided by TSHWABAC, despite written requests to provide the proof. In light of the above, the municipality’s legal team requested that the scheduled vote on this revised plan, be postponed for 2 weeks. It was agreed that the next meeting will be held on 13 December 2017. The revised business plan still has as its central proposal some form of alienation of the property at the hands of TSHWABAC. This revised plan is premised on proposal from a company by the name of Gani Bros Equity (Pty) Ltd proposing to purchase the property for R180 Million. The said company would then enter into a joint venture to develop the property in accordance with the various policies and strategies of the City to develop and revitalise the City center. This proposal brings along with it a minefield of legislative compliance pit-falls. The creditor’s meeting that was scheduled to take place on the 13 December 2017 did not take place. Attorneys received communication from the Business Rescue Practitioners that the meet is postponed until further notice. The Business Rescue Practitioners’ office is closed and will reopen on the 15th January 2018.
19 5. COMMENTS OF THE STAKEHOLDER DEPARTMENTS 5.1 COMMENTS OF THE CHIEF FINANCIAL OFFICER Cognisance is taken of the contents of the report. There are no financial implications emanating as a result of this report for the City of Tshwane as the purpose of the report is to appraise the Mayoral Committee of the developments in the business rescue process of Tshwane Business and Agricultural Corporation (TSHWABAC). The Group Financial Services Department will render further financial comments on future reports in this regard. 5.2 COMMENTS OF THE GROUP HEAD: GROUP LEGAL AND SECRETARIAT SERVICES The purpose of this report is to update the Mayoral Committee with regard to progress in the Tshwabac business rescue process. the report is for cognisance only. The contents are supported. 6. IMPLICATIONS 6.1 HUMAN RESOURCES None. 6.2 FINANCES None. 6.3 CONSTITUTIONAL AND LEGAL FACTORS None. 6.4 COMMUNICATION None. 6.5 PREVIOUS COUNCIL OR MAYORAL COMMITTEE RESOLUTIONS Mayoral Committee meeting held on 23 August 2017. 7. CONCLUSION This matter is still in progress and discussions between the municipality and the Tshwane Business and Agricultural Corporation (TSHWABAC) Business Rescue Practitioner are ongoing. The municipality has re-affirmed its position that the property cannot be sold to extinguish the debts of Tshwane Business and Agricultural Corporation (TSHWABAC), and that the property must be transferred back into the custodianship of the municipality.
20 NOTED: (a) That the City would no longer negotiate and required the property to be transferred back to the City; and (b) That it was proposed that the City reject the business rescue proceedings and request immediate transfer of the property due to the risk of legal prescription with regard to ownership of immovable property. RESOLVED: That cognisance be taken of the content of the report.
21 Reference No 19106/1 Zukiswa Ntsikeni (8150) MAYORAL COMMITTEE: 7 February 2018 3. CUSTOMER RELATIONS MANAGEMENT DEPARTMENT CITY OF TSHWANE REVISED SERVICE NORMS AND STANDARDS: 2018 (From the Executive Committee: 22 January 2018) 1. PURPOSE To obtain approval of revised City of Tshwane service norms and standards. 2. STRATEGIC PILLARS 2.1 A City that facilitates economic growth and job creation; 2.2 A City that cares for residents and promotes inclusivity; 2.3 A City that delivers excellent services and protects the environment; 2.4 A City that keeps residents safe; and 2.5 A City that is open, honest and responsive. 3. BACKGROUND City of Tshwane as a services provider has both a legal and moral responsibility to deliver the best possible services to the public. The legal responsibility emanates from a Regulatory Framework. The moral aspect is underpinned, amongst others, by the eight principles of Batho Pele. Within the context of Batho Pele, providing quality services means putting in place a service delivery system that meets the needs of the people it serves. The Batho Pele principles remain central to the delivery of services and promoting service excellence in the city. Briefly these principles are indicated as consultation, service standards, access, courtesy, information, openness and transparency, redress and value for money. Service norms and standards are used as a critical measuring tool to successfully deliver the services in a fair and acceptable manner. If found lacking in any of the items listed in this document, city customers may raise request about the their dissatisfaction as per committed norms and standards following the complaint management process of the city. 4. DISCUSSION Service norms and standards serve as a blue print for monitoring performance in a standard and fair manner to all customers. Quality and sustainable service delivery in line with service norms and standards is applicable to all City of Tshwane departments and regions. It is the cornerstone for customer experience the City aims to achieve for its citizens.
22 Norms and standards are reviewed in line with best practice and comparison with other service delivery institution, Metros in the country. Reviewed service norms and standards serves as a measure of improvements on how the city delivers its services. It is a first step towards the SAP rollout for more accurate and automated performance reporting at both departmental and area level. Approved 2012 council norms and standards are used as a baseline for the revision of the 2018 norms and standards. The City of Tshwane vision of becoming “A prosperous capital city through fairness, freedom and opportunity” directly promotes the delivery of services in fair and equal manner. Application of the city's vision is embedded in the five (5) strategic pillars which gives guidance to the governance system, values, and set priorities towards realization of the vision. The city's services are aligned to the current 2018 approved structure. Departments are organised through the organisational structure for effective management. The clusters are as follows: Emergency services Emergency medical operations Fire and rescue operations Governance and support services Economic Development and Spatial Planning Human Resources Management Group Audit and risk Forensic services Group Financial Services Revenue management Procurement services Office of the Chief Operating Officer Customer Relations Management Community and Social Development Services Environmental and Agriculture Management Services Health Services Human Settlement Regional Operations Coordination
23 Roads and transport Utility services Tshwane Metro Police Department Training Specialised policing 5. COMMENTS OF THE STAKEHOLDER DEPARTMENTS 5.1 COMMENTS OF THE CHIEF FINANCIAL OFFICER Cognisance is taken of the contents of the report. The Group Financial Services Department support the proposed revised Service Norms and Standards as it serves as a measure of improvements on how the City deliver its services. There are no financial implications emanating as a result of this report for the City of Tshwane. The Group Financial Services Department will render further financial comments on future reports in this regard. 5.2 COMMENTS OF THE CHIEF OF EMERGENCY SERVICES The purpose of the report is to obtain approval of revised City of Tshwane service norms and standards. The Emergency Services wishes the last column of item 6.3 of the Norms and Standards 2018 document be amended and is responding as follow - One of the Emergency Services goals is to deliver Exemplary Emergency Service, with the Strategic Planning Statement to Improve and Sustain Compliance with regulatory and normative emergency services standards and key performance objectives, also with the Tactical Action in Implementing quality assurance monitoring and evaluation systems, that tracks the attendance time of the first arriving fire-fighting unit at a structural fire incident AND attendance time of a Priority 1 emergency medical dispatched unit at a confirmed P1 incident. Also with the view in compliance with the National standard for community protection against fire, SANS 10090:2003, where only 3 minutes of call taking and despatch is allowed – this includes the 15 second answering time. 6.3 Emergency Services cluster Divisions: Emergency medical, fire and rescue operations, as well as the section Emergency Communication Centre
24 REF NO FOCUS AREA TASK APPROVED 2012 2018 REVIEWED NORMS AND NORMS AND STANDARDS STANDARDS ES 1 EMERGENCY CALLS ES1.1. Ambulance Answering 1.5 minutes 15 sec Ambulance Handling 1.5 minutes 110 sec Ambulance Dispatching 3 minutes 60 sec ES 1.2. Fire Answering 1.5 minutes 15 sec Fire Handling 1.5 minutes 110 sec Fire Dispatching 3 minutes 60 sec Our New proposed Ambulance: Urban Response time to Compliance with the ES 1.3 Areas 80% of priority one required attendance Implement quality patients must be times for dispatched (Improve and assurance monitoring within 15 minutes Priority 1 emergency Sustain Compliance and evaluation system medical incidents with regulatory and that tracks the normative attendance time of the Target: Attend 65% of emergency services first arriving unit’s Priority 1 dispatched standards and key attendance time of a calls in urban areas performance Priority 1 emergency within 15 minutes or objective) medical dispatched less from time of call unit at a confirmed P1 incident. ES 1.4 Rural Areas Respond to 80 % of Respond to 65% of priority one patients priority one patients must be within 40 must be within 30 minutes. minutes. ES 1.5 Per capita 1 ambulance to cover 1 ambulance to cover allocation of 30 000 people to 30 000 people ambulance improve quality of service ES 1.6 Per capita 1 primary response 1 primary response allocation of vehicle per 5 vehicle per 5 response ambulance ambulance vehicle ES 1.7 Per capita 1 rescue vehicle per 1 rescue vehicle per 5 allocation of 10 ambulances ambulances ambulance ES 2 Fire response time TASK APPROVED 2012 2018 REVIEWED NORMS AND NORMS AND STANDARDS STANDARDS Our New proposed Fire & Rescue: Urban 10 min in urban areas Compliance with the ES 2.1 Implement quality Areas for 90% of all calls required attendance assurance monitoring times for structural (Improve and and evaluation system firefighting incidents Sustain Compliance that tracks the Target: Attend 75% of with regulatory and attendance time of the structural fires in normative first arriving fire- urban areas within 14
25 emergency services fighting unit at a minutes or less from standards and key structural fire incident time of call performance objective) ES 2.2 Rural Areas 30 min in rural areas 30 min in rural areas for 90% of all calls for 75% of all calls ES 3 Specialized Services TASK APPROVED 2012 2018 REVIEWED & Special Events NORMS AND NORMS AND STANDARDS STANDARDS ES 3.1 Plain 7 ICU ambulances + 5 7 ICU ambulances + 5 Patient Basic Life Support + 7 Basic Life Support + 7 Transport Intermediate Life Intermediate Life (PPT) Support Support ES 3.2 Special To comply with SANS To comply with SANS Events 10366:20XX Required 10366:2015 Required Medical Resources for Medical Resources for special events special events To comply with SANS To comply with SANS 10366: 20XX, Health 10366: 2015, Health & & Safety at events Safety at events – General – General Requirements (ED 2) Requirements (ED 2) 5.4 COMMENTS OF THE CHIEF OF POLICE To obtain approval of revised City of Tshwane service norms and standards. The Tshwane Metro Police Department notes the contents of the report and the recommendations reflected herein. However, it should be mentioned that after having perused the revised Norms and Standards as appended, it could be noted that most of the information is related to Licencing Services which currently resided with the Regional Operations and Coordination Department (ROC) and rendering constructive comments on their behalf would always prove to be a cumbersome exercise. 5.5 COMMENTS OF THE GROUP HEAD: COMMUNITY AND SOCIAL DEVELOPMENT SERVICES The Community and Social Development Services Department fully supports the revised norms and standards as they will continue to provide for a sustainable legal and moral responsibility towards delivery of best possible services to the public. Most importantly, these are enshrined in the eight (8) principles of Batho Pele. 5.6 COMMENTS OF THE GROUP HEAD: GROUP LEGAL AND SECRETARIAT SERVICES The purpose of this report is to obtain approval of revised City of Tshwane service norms and standards. In terms of the provisions of section 11(3)(a) read (b) of the Local Government: Municipal Systems Act, 32 of 2000, stipulates that a municipality exercise its legislative and executive authority by developing and adopting policies, plans, strategies and programs, including setting targets for service delivery; and promoting and undertaking development.
26 Furthermore section 153 of the constitution of South Africa provides that a municipality must structure and manage its administration and budgeting and planning process to give priority to the needs of the local community, and to promote the social and economic development of the community. Having regards to the aforesaid and with specific reference to the context of the report, Group Legal Services Department takes cognizance of the report and to support the approval of the recommendations thereof. 5.7 COMMENTS OF THE OFFICE OF THE CHIEF OPERATING OFFICER The office of the Chief Operations Officer notes the report on City of Tshwane norms and standards. The content and intent of the report is supported. 6. IMPLICATIONS 6.1 HUMAN RESOURCES None. 6.2 FINANCES None. 6.3 CONSTITUTIONAL AND LEGAL FACTORS The White Paper on the Transformation of Public Service Delivery (1997); Local Government Municipal Systems Act, 2000 (ACT 32 of 2000); chapter 6; Local Government Municipal planning and Performance Management Regulation 13 (2) (c); 6.4 COMMUNICATION Approved norms and standards to be published in City of Tshwane public website and all customer Interaction points. 6.5 PREVIOUS COUNCIL OR MAYORAL COMMITTEE RESOLUTIONS On 27 February 2008, the Mayoral Committee considered and approved a report titled: “IMPLEMENTATION STRATEGY ON NORMS AND STANDARDS”. The report was tabled by the Customer Relations Division of the Corporate and Shared Services Department. On 02 February 2011, the Mayoral Committee considered and approved a report titled: “DRAFT SERVICE DELIVERY NORMS AND STANDARDS FOR CITY OF TSHWANE”. The report was tabled by the Service Delivery Coordinator. On 1 February 2012, the Mayoral Committee considered and approved a report titled: “INTEGRATED SERVICE DELIVERY NORMS AND STANDARDS FOR THE CITY OF TSHWANE”. The report was tabled by the Service Delivery Coordinator.
27 7. CONCLUSION The norms and standards report should be treated as a living document and changes should be effected as and when required by regulations and or any material costs. The processes will be reviewed on an annual basis through systematic processes. IT WAS RECOMMENDED (TO THE MAYORAL COMMITTEE: 7 FEBRUARY 2018): 1. That cognisance be taken of the content of the report; 2. That the report be approved for consultation; and 3. That all other previous Council approved Service Norms and Standards be rescinded and replaced by the 2018 City of Tshwane Revised Service Norms and Standards. NOTED: That the business operations processes required review. RESOLVED: 1. That cognisance be taken of the content of the report; 2. That the report be approved for consultation with the Group Heads of Departments to be completed within 1 month; and 3. That all other previous Council approved Service Norms and Standards be rescinded and replaced by the 2018 City of Tshwane Revised Service Norms and Standards.
28 Reference No 37410/1[OCW] Nasiphi Moya (6246) MAYORAL COMMITTEE: 7 February 2018 4. OFFICE OF THE CHIEF WHIP OFFICE OF THE CHIEF WHIP ORGANISATIONAL PERFORMANCE REPORTS FOR QUARTER 2 2017/18 (From the Executive Committee: 22 January 2018) 1. PURPOSE The purpose of the report is to submit the Office of the Chief Whip’s Organizational Performance report for Quarter 2 of the 2017/18 financial year. 2. STRATEGIC PILLARS 2.1 A City that is open, honest and responsive 3. BACKGROUND The Office of the Chief Whip is established in terms of the Gazette 23964 dated 18 October 2002 as approved by the Minister of Provincial and Local Government and Administration (DPLG), which was further condoned by the then MEC for Local Government as a Section 12 Notice in which the Gauteng Municipalities were granted the powers to appoint a Chief Whip of Council in line with the election of Office Bearers as highlighted in Section 36 and 55 of the Local Government Municipal Structures Act (Act 117 of 1998). Council in its meeting of 21 July 2012 approved a report titled “The Establishment of the Office of the Chief Whip in the City of Tshwane” which provides a clear account of the Role of the Chief Whip of Council. The Chief Whip of Council derives his/her roles and responsibilities are as per Council’s Corporate System of Delegations approved on 26 January 2012. These responsibilities include: • Enforcing discipline among councillors; • Ensure efficient management of council meetings and committees; • Ensure that Councillors of political parties represented in council are allocated to various committees of Council in line with the approved formula for proportional representation; • Maintain sound relations between various political parties; • Resolve disputes between political parties; • Facilitate caucus meetings of political parties during Council meetings;
29 • Manage and regulate direction to all the whips of all political parties; • The Chief Whip reports directly to Council; • Ensure Welfare and capacity building of Councillors; • Participates in the formulation of corporate policy development and strategy of municipality; • Has the power to approve Councillor’s leave of absence; • Has the authority to approve as well as to give councillors permission to attend seminars, meetings, workshops, conferences, congress and similar events as well as special visits by councillors for the interest of the Council, which are conducted within and outside the boundaries of the Republic of South Africa: provided that the necessary funds are available. • Has the power to nominate councils representatives in public bodies as well as the provincial executive committee of SALGA. • Represents the Legislative arm in Council matters and serves as the link between the executive arm and the legislative arm. On 26 January 2017 council approved a report titled “Revised Whippery Model for the City of Tshwane”. In this report strategic core functions are listed as follows: • Ensure general discipline within the legislature/chamber/house • Communicate legislative agenda to members/councillors • Manage allocation of Councillors to portfolio and other statutory committees and bodies • Coordinate scheduling and compilation of the legislative agenda with the Speaker and Executive Mayor. • Links between the mayor and the party and/or legislature • Manage the Whippery • Protect the party line during debates. • Protect party members during debates and ensure fair treatment. • Generally assist (the speaker) to maintain order and decorum within the legislature. • Negotiate voting positions between various parties.
30 • Ensure councillor performance within the Council. • Manage the use of office and meeting space by Councillors and political parties • Grant leave of absence to Councillors from meetings of the council and committees. • Determine developmental needs of Councillors in consultation with party whips and to develop a programme of training for the Councillors. • Provide administrative support to Councillors • Provide strategic research support to Councillors • Facilitate and manage councillor wellness support programmes 4. DISCUSSION In order to ensure that all the functions of the Office of the Chief Whip are fully executed, they are divided into two divisions with two units each i.e. Strategic Management Support, which consists of Strategic Management functions and Research and Secretariat, and Political Liaison/Special Advisory, which consists of Private Office and Statutory Compliance. The office has a total of 14 Key Performance Indicators (KPIs) for the four units- the table below illustrated units responsible for reporting on each of the KPIs: KPI Unit Percentage of research information produced against Research Support research requested Services Number of research documents developed against Research Support identified topics Services Number of approved councilor’s performance Strategic Management assessment reports. Support Number of Councilor’s wellness programmes to be Strategic Management development and implemented Support Percentage compliance of the office to planned Strategic Management Municipal Policies Support Number of training Programmes implemented as Strategic Management informed by skills audit. Support Number of Qualification programmes implemented Strategic Management Support Number of Caucus, Bulletins published to improve Private Office access to information by Councilors. Number of Council speeches written and delivered by Private Office the Chief Whip Percentage of referrals processed Private Office Number of Media response queries Private Office
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