COUNCIL MEETING: 29 NOVEMBER 2018 - ANNEXURE A.1 - City of Tshwane
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1 COUNCIL MEETING: 29 NOVEMBER 2018 ANNEXURE A.1 PAGES RESOLUTION OF THE MAYORAL COMMITTEE: 3 OCTOBER 2018 ……………………………………………………… 1 - 91 HIS WORSHIP THE EXECUTIVE MAYOR TS MSIMANGA
2 A. MAYORAL COMMITTEE MEETING: 3 OCTOBER 2018: ANNEXURE A.1 INDEX Pages I. APPLICATIONS FOR LEAVE OF ABSENCE ……………………….. 4 II. APPROVAL OF THE MINUTES OF THE MAYORAL COMMITTEE MEETING: 19 SEPTEMBER 2018 …………………… 4 III. MATTERS CONSIDERED 1. Ref. no. 59064/1 Group Communication and Marketing Department Inner City Regeneration Programme and Tswelopele report on Communication and Marketing Interventions (From the Executive Committee: 11 September 2018) ………….. 5-10 2. Ref. no. 70488/1 City Strategy and Organisational Performance Department Request for approval to enter into a Memorandum of Agreement between the City of Tshwane and the South African Cities Network (SACN) (From the Executive Committee: 26 September 2018) …………. 11-16 3. Ref. no. 00099/1 City Strategy and Organisational Performance Department Request for approval of the appointment of new members of the Innovation Steering Committee and Terms of Reference for Steering Committee (From the Executive Committee: 26 September 2018) …………. 17-22 4. Ref. no. 19370/1 Group Human Capital Management Department (Learning and Development) Partnership between City of Tshwane and Tshwane North (TVET) College to provide for the Work Integrated Learning Programme (From the Special Executive Committee: 17 September 2018) ……………………………………………………………………… 23-32 5. Ref. no. 43968/1 Group Human Capital Management Department Granting of special leave for closure period between Christmas and New Year (From the Special Executive Committee: 17 September 2018) …………………………………………………………………..…. 33-37
3 6. Ref. no. 55981/1 Group Human Capital Management Department Updating the Job Evaluation processes in the City of Tshwane (From the Special Executive Committee: 17 September 2018) ……………………………………………………………………… 38-46 7. Ref. no. 57781/1 Group Human Capital Management Department Board of Trustees for the Centurion Provident Fund (From the Special Executive Committee: 17 September 2018) ……………………………………………………………………… 47-52 8. Ref. no. 57598/1 Group Human Capital Management Department (Learning and Development Division (Strategic Competency Development Services)) Awarding of part-time bursaries for employees for the 2019 academic year in terms of the Corporate Bursary Policy (From the Executive Committee: 26 September 2018) ………….. 53-60 9. Ref. no. 03241/1 Group Legal and Secretariat Services Department Report on the legislated requirements of information to be included on the City of Tshwane Public Internet Portal (From the Special Executive Committee: 17 September 2018) ……………………………………………………………………… 61-67 10. Ref. no. 70521/1 Group Legal and Secretariat Services Department Framework on Contingent Liabilities for Claims and Litigation for the City of Tshwane Metropolitan Municipality (From the Special Executive Committee: 17 September 2018) ……………………………………………………………………… 68-75 11. Ref. no. 59415/1 Human Settlements Department Progress report on the construction of 40 houses using Mayoral mansion sale proceeds (From the Executive Committee: 26 September 2018) ………….. 76-79 12. Ref. no. 79229/1 Regional Operations and Coordination Department (Joint Regional Operations and Coordination Department and Roads and Transport Department (Transportation Planning) Rehabilitation of sinkholes in the City Of Tshwane (From the Executive Committee: 26 September 2018) …………. 80-87 13. Office of the Speaker Report on the traditional houses (King Ndzundza and the Amandebele Ba Lebelo) annual commemoration events ………….. 88-91
4 A. MAYORAL COMMITTEE MEETING: 3 OCTOBER 2018: ANNEXURE A.1 I. APPLICATIONS FOR LEAVE OF ABSENCE RESOLVED: That the following applications for leave of absence be ACCEPTED: • Member of the Mayoral Committee: Agriculture and Environmental Management; • Chief Operations Officer; • Group Head: Community and Social Development Services; • Group Head: Roads and Transport; • Acting Group Head: Office of the City Manager; • Divisional Head: Budget Office; • Divisional Head: City Sustainability; • Chief Executive Officer: Tshwane Economic Development Agency; and • Acting Chief Executive Officer: Housing Company Tshwane. II. APPROVAL OF THE MINUTES OF THE MAYORAL COMMITTEE MEETING: 19 SEPTEMBER 2018 RESOLVED: That the minutes of the Mayoral Committee of 19 September 2018 be approved and confirmed subject to the following amendments: 1. Page 11 Item 5: OUTSTANDING DISCIPLINARY CASES RESOLVED: That recommendation 2 be amended as follows: “That the report on the outstanding Disciplinary cases be submitted on quarterly basis to the Mayoral Committee.” 2. Page 20 Item VII. FEEDBACK ON MUNICIPAL STANDARD CHART OF ACCOUNTS RESOLVED: That (g) be amended as follows: “That the estimated costs for the full roll out of mSCOA is R550 million with R50 million budgeted for the current financial year.”
5 A. MAYORAL COMMITTEE MEETING: 3 OCTOBER 2018: ANNEXURE A.1 III. MATTERS CONSIDERED Reference No 59064/1 Hilgard Matthews (3255) MAYORAL COMMITTEE: 3 October 2018 1. GROUP COMMUNICATION AND MARKETING DEPARTMENT INNER CITY REGENERATION PROGRAMME AND TSWELOPELE REPORT ON COMMUNICATION AND MARKETING INTERVENTIONS (From the Executive Committee: 11 September 2018) 1. PURPOSE To inform the leadership on Group Communication and Marketing’s plan to promote and profile the City’s efforts of cleaning Tshwane throughout the seven regions and within the Inner city itself through Tswelopele Clean-Up campaign and Inner City Regeneration Programme, internally and externally. 2. STRATEGIC PILLARS Inner City Regeneration and Tswelopele contribute towards the following strategic pillars: 2.1 A City that delivers excellent services and protects the environment; 2.2 A City that keeps residents safe; and 2.3 A City that is open, honest and responsive. 3. BACKGROUND The Inner City Regeneration programme’s main objectives are to rejuvenate the inner city by addressing all problems that contribute to the deterioration of the area, which eventually drives business away and impacts the economy of the city in a bad way. These problems range from social ills like crime, drugs, as well as poor maintenance of properties which leads to derelict buildings that become unsafe for human habitation and turn into a haven for criminals. The issue of lawlessness like illegal and disorganised trading and taxi activities further adds to the problem. The programme also aims to enhance other aspects of the inner city to make it more attractive, user friendly for pedestrians by improving free movement so that they enjoy various activities like shopping, travelling the streets and for businesses to find it easy to work in the city. The programme seeks to address many elements, working together with different stakeholders. As such, the Inner City Regeneration programme has many projects within it that will help the City achieve its objective. The programme has key players
6 like the departments of public works, and public service and administration, which aims to ensure a long-term accommodation solution for national government head offices and agencies within the city. Tswelopele Clean-up campaign is a mayoral initiative with specific focus on encouraging volunteerism amongst various stakeholders like businesses, organisations and residents, and promoting environmental care. The intention of this campaign is to, in the long run, communicate a broader message around environmental care or the importance of a clean environment, and educate residents and businesses on issues like waste separation, recycling and creating environmental awareness. Whereas the campaign will be driven by the City, the intention is to involve communities and businesses and motivate them to organise their own clean-ups where they live or do business, thus, taking responsibility and contributing towards a cleaner inner city and local areas. 4. DISCUSSION Cleaning of the Inner city is taking place every day after hours and already the intervention is making a visible difference. The day cleaning still continues as normal, while the night cleaning is a much needed intervention implemented to deal with the dirt that is visible in the CBD at the end of each day, due to a number of reasons including littering by informal traders and businesses operating within the inner city. The cleaning done as part of the Inner city Regeneration Programme involves efforts mainly from the City, while Tswelopele cleanup in the CBD is driven by both the City and businesses in the CBD. However, it is evident that more stakeholders need to be brought on board if we are to win the war over waste in the City. Also, this is critical if we are to maintain a clean city once it has been achieved. Tswelopele Clean-Up campaign will take place every first Saturday of each month. The campaign will be conducted across the seven regions of Tshwane. The idea is also to use the campaign as a communication platform to allow communities to engage with the political leadership directly after the clean-up, through a public meeting, whenever possible. It is important that the City drives a consistent and coherent message about Tswelopele, and that communication and marketing efforts are sustained for as long as it is necessary, in order to draw in the support it seeks to get from businesses and the community, and at the end of it all, realise behavioural change in how people and businesses deal with waste, littering and illegal dumping. Participation of the City’s leadership, including that of councillors, is crucial. Councillors can assist greatly with mobilisation of communities in their respective wards. For the clean-ups organised by businesses or communities, the City will provide communication and marketing support. The City, through its website, will act as a point of contact with communities who want to organise their own clean-ups. The Department will use all applicable communication platforms to drive the campaign and reach as many people as possible, including Tshwane employees. Communication will be driven mainly though social media, website, intranet and media. These will not necessitate any budget. However, it is equally important that the City caters for people who prefer printed information products also, which come
7 at a cost. Therefore information flyers or leaflets will be printed internally using Reprographics services as well as posters that will be outsourced. 5. COMMENTS OF THE STAKEHOLDER DEPARTMENTS 5.1 COMMENTS OF THE CHIEF FINANCIAL OFFICER Cognisance is taken of the contents of the report as well as the Communication and Marketing Plan- Inner City Regeneration. The purpose of the report is to inform the leadership on Group Communication and Marketing’s plan to promote and profile Tswelopele Clean-Up campaign, internally and externally. Having due regard to the contents of the report, Group Financial Services, in principle support the proposed initiative as the project will assist management of waste throughout the City and relieve some pressure placed on the line department of having to deal with waste issues and illegal dumping. It is indicated in the report that the estimated cost for marketing services will amount to R128 000 and it will be paid against various cost centres and cost elements as indicated in the report. All procurement of goods and services should be dealt with in accordance with the Supply Chain Management processes and procedures. The following amounts are available (on 13 August 2018) in the approved 2018/19 Medium-Term Revenue and Expenditure Framework: Cost Cost Element 2018/19 Centre (R) 711 411710 (Advertising and Marketing) 7 084 943 717 412408 (Communications) 1 032 000 714 411702 (Printing) 4 073 164 714 411709 (General Publicity) 2 708 910 5.2 COMMENTS OF THE CHIEF OF POLICE The purpose of this report is to inform the leadership on Group Communication and Marketing’s plan to promote and profile the City’s efforts of cleaning Tshwane throughout the seven regions and within the Inner city itself through Tswelopele Clean-Up campaign and Inner City Regeneration Programme, internally and externally. The Tshwane Metro Police Department takes note of the contents of the report and noble intentions hereof.
8 5.3 COMMENTS OF THE CHIEF OF STAFF The Office of the Executive Mayor notes the content of the report and is in support thereof. Both the Inner City Regeneration project and the Tswelopele campaign are key mayoral projects that aim to revitalise the city. It is vital that their importance is communicated to residents to keep them informed but also to attract their ongoing support. 5.4 COMMENTS OF THE GROUP HEAD: GROUP LEGAL AND SECRETARIAT SERVICES The purpose of this report is to inform the leadership on Group Communication and Marketing’s plan to promote and profile the City’s efforts of cleaning Tshwane throughout the seven regions and within the Inner city itself through Tswelopele Clean-Up campaign and Inner City Regeneration Programme, internally and externally. Section 11(3)(a) and (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. Section 15 of the Municipal Finance Management Act 56 of 2003 provides that a Municipality may, except where otherwise provided in this Act incur expenditure only in terms of an approved budget and within the limits of the amounts appropriated for the different votes in an approved budget. 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. 5.5 COMMENTS OF THE GROUP HEAD: ENVIRONMENTAL AND AGRICULTURAL MANAGEMENT The Department takes cognizance of the content of the report and its recommendations are supported. 5.6 COMMENTS OF THE GROUP HEAD: REGIONAL OPERATIONS AND COORDINATION The ROC takes cognisance of the report and its content. The inner city regeneration programme and the tswelopele initiative are welcomed interventions and Regions fully support these initiatives. The ROC supports the report, its objectives and recommendations.
9 6. IMPLICATIONS 6.1 HUMAN RESOURCES At least four officials from the Department will attend each Tswelopele Clean-Up and inner city cleaning operation, whether organised by the city or externally, to provide communication, media liaison and audio-visual services support. 6.2 FINANCES The idea is to pursue partnerships with several media houses who will assist with promoting the campaign and mobilisation of communities. PRINTING OF FLYERS OR LEAFLETS AND POSTERS (AS WELL AS BROADCAST ON 3 COMMUNITY RADIO STATIONS) ACTIVITY AMOUNT (PER TOTAL CLEANUP) Printing of flyers 2000 per clean-up @ R 78 000 R13 000 x 6 Posters R20 000 R 20 000 Interviews, live reads and/or adverts: 10 000.- x 3 R 30 000 broadcast on 3 community radio stations: TOTAL R128 000 6.3 CONSTITUTIONAL AND LEGAL FACTORS None. 6.4 COMMUNICATION Information will be distributed through the City’s approved internal and external communication platforms. 6.5 PREVIOUS COUNCIL OR MAYORAL COMMITTEE RESOLUTIONS None. 7. CONCLUSION The City of Tshwane views communication with stakeholders as being critical in ensuring that its stakeholders are aware of what it is doing to ensure a City that can be enjoyed by residents and visitors alike. The project will also assist with management of waste throughout the City and relieve some pressure placed on the line department of having to deal with waste issues and illegal dumping. This in turn will reduce the number of complaints received by the City regarding waste and improve its image.
10 NOTED: (a) That the Group Head: Group Communications and Marketing would conceptualise campaigns such as visiting schools, churches, business etc; (b) That the Inner City Regeneration programme and Tswelopele campaign would be utilised as the Mayoral Committee outreach programme that would be conducted during weekends; and (c) That the Inner City Intervention Unit had commenced with an audit of illegal dumping by businesses in the Inner City, and begin the process of opening accounts for those businesses that do not have bins. RESOLVED: 1. That the contents of the report be noted; and 2. That the activities in the communication and marketing plan be approved.
11 Reference No 70488/1 Nosipho Hlatshwayo (4749) MAYORAL COMMITTEE: 3 October 2018 2. CITY STRATEGY AND ORGANISATIONAL PERFORMANCE DEPARTMENT REQUEST FOR APPROVAL TO ENTER INTO A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF TSHWANE AND THE SOUTH AFRICAN CITIES NETWORK (SACN) (From the Executive Committee: 26 September 2018) 1. PURPOSE The purpose of the report is to seek approval for the City of Tshwane to enter into a Memorandum of Agreement (MoA) with South African Cities Network (SACN) for a period of five (5) years. 2. STRATEGIC PILLARS The Strategic Pillars in the 2017/21 IDP aligned with this MoA are as follows: (a) Pillar 3: A City that delivers excellent services and protects the environment (b) Pillar 5: A City that is open, honest and responsive 2.1 Continued organizational development, transformation and innovation 3. BACKGROUND The South African Cities Network was established in 2002 as a network of South African cities to encourage the exchange of information, experience and best practices on local government, urban development and city management. The network is both a source of information for leadership of South Africa’s largest cities and a catalyst for debate. It is an initiative of the Minister for Provincial and Local Government and nine of the country's largest municipalities, in partnership with the South African Local Government Association (SALGA). Within the context of developmental local government and integrated governance, SACN focuses on the full scope of the urban management process. This includes promoting sustainable cities, economic growth and poverty reduction, urban renewal, good governance, integrated land management and service delivery and city development strategies. One of the SACN flagship report is the State of the Cities Report which gives a five- year perspective on the performance and conditions of the largest cities, with a focus on the member cities of the SA Cities Network. This particular report helps cities to re-look into their programmes and establish ways to improve. The city has done a number of projects in collaboration with SACN which include but not limited to:
12 • Carbon Footprint Assessment • Vulnerability Assessment to Climate Change • Identification of sustainability indicators In addition to the above, in 2016 the city partnered with SACN in the hosting of the Tshwane Research and Innovation Symposium. SACN facilitated a strategic and thought leadership dialogue in positioning City of Tshwane as a knowledge hub. The network identifies, assembles and disseminates information that enhances the ability of decision-makers to learn from the experience of others and efficiently use their resources to build sustainable cities. 4. DISCUSSION Post the August 2016 elections, SACN held strategic engagements and partner consultative meetings with the City of Tshwane leadership in October and November 2016 and also in May 2017 to obtain the City’s commitments to remain member of SACN and provide ongoing support to the work that SACN does. Based on the discussions, the City of Tshwane deemed it necessary to continue and strengthen its relationship with SACN and to enter into a Memorandum of Agreement to carry out joint projects to enhance the institutional capacity. The areas of collaboration entered into include, but are not limited to: 4.1 Fixed annual contribution 4.1.1 Subscriptions: Subscriptions are agreed to annually at the Board meeting of the SACN to fund the core functions of the organisation, its infrastructure and operations, the development of the organisational strategy and the provision of spatial, data and knowledge infrastructure for city support. 4.1.2 Strategic Programme Grant for programmes specified as follows: • National Research Foundation (NRF) Research Chairs: 5 year research programme in partnership with the NRF (co-funding). Value proposition: o Key strategic research areas: Municipal Finance, Spatial Transformation, Urban Economies, Urban Inclusion and Well-being o Increase in research relevant for urban local governance, increase in human capabilities and skills to deal with urban complexities • StepSA: In partnership with the CSIR to develop spatial evidence that informs planning at city level / improves intelligence for planning. Value proposition: o Spatial evidence that informs planning at city level / improves intelligence for planning o Ongoing spatial analysis over a 5 year period - Cities’ spatial data consistently updated to form a long term perspective of spatial change and transformation in cities.
13 • SCODA (South African Cities Open Data Almanac): This is aimed at providing a city centric approach to monitoring and reporting through more efficient and effective data systems and process. Value proposition: o Easing the burden of intergovernmental reporting o Helping cities establish and manage central repositories and linkages for cities to efficiently access information Various departments within the City wishing to utilise the MoA, will enter into Service Level Agreements with SACN on specific projects during the operationalisation of the MoA. 5. COMMENTS OF THE STAKEHOLDER DEPARTMENTS 5.1 COMMENTS OF THE CHIEF FINANCIAL OFFICER The purpose of this report is to seek approval for the City of Tshwane to enter into a Memorandum of Agreement (MoA) with South African Cities Network (SACN) for a period of five (5) years. It is noted that this agreement will benefit the City to enhance its capacity to deliver services more efficiently and effectively and also promoting good governance. It is indicated in the report that the financial implications may be incurred from the service level agreements entered into with the different departments and SACN where there are specific projects or programmes that have been agreed upon. The Group Financial Services Department will render further financial comments on future reports elucidating full financial implications on the specific projects or programmes. It should be noted that the proposed agreement must be dealt with in line with the provision of Section 33 of the Municipal Finance Management Act No.56 of 2003. 5.2 COMMENTS OF THE GROUP HEAD: GROUP LEGAL AND SECRETARIAT SERVICES The purpose of this report is to seek approval for the City of Tshwane to enter into a Memorandum of Agreement (MoA) with South African Cities Network (SACN) for a period of five (5) years. This report addresses the following strategic objective: Continued organizational development, transformation and innovation. 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. Furthermore section 33 of the Local Government: Municipal Finance Management Act (56 of 2003) provides that a municipality may enter into a contract which will impose financial obligations on the municipality beyond a financial year, but if the contract will impose financial obligations on the municipality beyond the three years
14 covered in the annual budget for that financial year, it may do so only if the municipal manager, at least 60 days before the meeting of the municipal council at which the contract is to be approved has, in accordance with section 21A of the Municipal Systems Act made public the draft contract and an information statement summarizing the municipality’s obligations in terms of the proposed contract; and invited the local community and other interested persons to submit to the municipality comments or representations in respect of the proposed contract; and has solicited the views and recommendations of the National Treasury and the relevant provincial treasury; the national department responsible for local government; and if the contract involves the provision of water, sanitation, electricity, or any other service as may be prescribed, the responsible national department; the municipal council has taken into account the municipality’s projected financial obligations in terms of the proposed contract for each financial year covered by the contract; the impact of those financial obligations on the municipality’s future municipal tariffs and revenue; any comments or representations on the proposed contract received from the local community and other interested persons; and any written views and recommendations on the proposed contract by the National Treasury, the relevant provincial treasury, the national department responsible for local government and any national department referred to in paragraph (a)(ii)(cc); and the municipal council has adopted a resolution in which it determines that the municipality will secure a significant capital investment or will derive a significant financial economic or financial benefit from the contract; it approves the entire contract exactly as it is to be executed; and it authorizes the municipal manager to sign the contract on behalf of the municipality. The process set out above does not apply to contracts for long-term debt regulated in terms of section 46(3); employment contracts; or contracts for categories of goods as may be prescribed; or in terms of which the financial obligation on the municipality is below a prescribed value; or a prescribed percentage of the municipality’s approved budget for the year in which the contract is concluded. All contracts referred to in subsection (1) and all other contracts that impose a financial obligation on a municipality must be made available in their entirety to the municipal council; and may not be withheld from public scrutiny except as provided for in terms of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000). 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 subjects to the agreement being made available to our contract management section for vetting and ensuring compliance with legal framework. 6. IMPLICATIONS 6.1 HUMAN RESOURCES The human resource capacity will be determined at project or programme level. 6.2 FINANCES There are no financial implications due to CoT for this Memorandum of Agreement.
15 The financial implication that are/will be incurred emanate from the adopted SACN Memorandum of Incorporation that was approved at Mayco of the 15 of November 2018. The total estimated portion payable by the COT to SACN is as per table below, with an annual adjustment of 10% increase for each year. 2018/19 2019/20 2020/21 Annual Contributions 3,429,973 3,732,713 4,064,222 The account that will be used for the SACN contribution from the Office of the Executive Mayor is Cost centre 220, GL account 412434. Financial implications may also be incurred from the Service Level Agreements entered into with the different departments and SACN where there are specifics projects or programmes that have been agreed upon. 6.3 CONSTITUTIONAL AND LEGAL FACTORS Whereas, the SACN and the City of Tshwane are called upon by the Constitution of the Republic of South Africa (Act No.108 of 1996), Section 41(h) to cooperate with one another, the success of this Memorandum of Agreement relies on the commitment of all Parties, in terms of the aforementioned constitutional provisions, to negotiate at all times in good faith and, mutually, reach satisfactory conclusions on any terms and conditions which is derived from the joint vision of service delivery excellence and innovation. 6.4 COMMUNICATION Any form of communication or publication resulting from the activities carried out under this MoA shall be subject to prior agreement of both Parties. 6.5 PREVIOUS COUNCIL OR MAYORAL COMMITTEE RESOLUTIONS None. 7. CONCLUSION This agreement will benefit the city to enhance its capacity to deliver services more efficiently and effectively and also promoting good governance. The City of Tshwane is entering into a Memorandum of Agreement with South African Cities Network on key priority areas as articulated in the City of Tshwane Vision 2030 which will be agreed upon through the implementation of collaborative project agreements that will serve as addendums to this MoA.
16 IT WAS RECOMMENDED (TO THE MAYORAL COMMITTEE: 3 OCTOBER 2018): 1. That grants be approved for the City to enter into a Memorandum of Agreement with South African Cities Network to strengthen the partnership; 2. That the City Manager signs the Memorandum of Agreement on behalf of the City of Tshwane; and 3. That all Service Level Agreements emanating from the Memorandum of Agreement that have financial implications be approved. During the consideration of the report, it was: NOTED: (a) That Paragraph 6.2 of the report should read November 2017; and (b) That the amount comes from the budget of the City Manager (City Strategies cost centre to be reflected). It was agreed that recommendation 1 and 3 be amended to read as follows: 1. That approval be granted for the City to enter into a three (3) year Memorandum of Agreement with the South African Cities Network (SACN); and 3. That all Service Level Agreements emanating from the Memorandum of Agreement that have financial implications be submitted to the Mayoral Committee for approval. In view of the above, it was: RESOLVED: 1. That approval be granted for the City to enter into a three (3) year Memorandum of Agreement with the South African Cities Network (SACN); 2. That the City Manager signs the Memorandum of Agreement on behalf of the City of Tshwane; and 3. That all Service Level Agreements emanating from the Memorandum of Agreement that have financial implications be submitted to the Mayoral Committee for approval.
17 Reference No 00099/1 Nosipho Hlatshwayo (4749) MAYORAL COMMITTEE: 3 October 2018 3. CITY STRATEGY AND ORGANISATIONAL PERFORMANCE DEPARTMENT REQUEST FOR APPROVAL OF THE APPOINTMENT OF NEW MEMBERS OF THE INNOVATION STEERING COMMITTEE AND TERMS OF REFERENCE FOR STEERING COMMITTEE (From the Executive Committee: 26 September 2018) 1. PURPOSE • the appointment of the new Innovation Steering Committee members; • the approval of the Innovation Steering Committee terms of reference; and • approval of Non-Disclosure Agreement and Declaration Form. 2. STRATEGIC PILLARS The specific strategic pillars and priority areas captured in the Integrated Development Plan (IDP) 2017-2021 aligned to the objectives of the proposed establishment of the Innovation Steering Committee are as follows: Pillar 3: A City that Delivers Excellent Services and Protects the environment: The City is working towards providing quality services to all residents, adopting innovative solutions to service delivery challenges and reprioritizing resources to where they are needed most. Priority 11: Delivering high quality services Action 1: Delivering high quality services and sustainable basic services Pillar 5: A City that is Open, Honest and Responsive Priority 16: Building a capable city government Action 1: Establishing professional and effective government processes 3. BACKGROUND The approval of the first City of Tshwane Innovation Framework in June 2013 was an important milestone that defined the model through which the City, as a strategic leader would use to effectively implement the innovation programme. The innovation framework is geared to forster an environment favourable for sustainable economic growth, job opportunity creation and better quality of life for citizen of the City by enhancing the capability for innovation by all the people. Establishment of credible innovation structures such as the innovation steering committee with its guiding principles complemented by a credible rewards and recognition system guarantees the effective management of innovation in the City. The City of Tshwane in efforts to sustain its objective of building a reputable and viable ecosystem, conducted another innovation capability index in the 2017/18 financial year. The outcomes from the capability index in comparison to the surveys conducted in 2014 and 2016 that albeit
18 the measurement is consistent and stable, there is still a concern on the gradual decline. The aforementioned decline can be attributed to a number of reasons which may include amongst many, the general employee satisfaction and many others. The establishment of the Innovation Steering Committee is important to ensure the consistent management of innovation and capability building. 4. DISCUSSION Establishment of Innovation Steering Committee The Innovation Steering committee is an important role player in the innovation value chain as it performs a critical role of assisting the City Strategy and Organisational Performance department in providing strategic direction and governance for the City of Tshwane’s innovation programmes. The steering committee ensures that all the necessary steps and fair procedures are applied to give each innovation idea a fair chance for proper assessment. The function of the Steering Committee shall be informed by the guiding principles outlined in the terms of reference document. Terms of reference Acceptance and approval of the establishment of the Innovation Steering Committee and endorsement of the Terms of Reference document will ensure that the terms of reference document provides the necessary guidance to the innovation steering committee for the effective adjudication of innovation ideas. Furthermore, the terms of reference document gives the steering committee comfort and assurance that due processes are followed during the proceedings of the committee. Delegation of Authority As outlined in section 3.7 (ii) of the Innovation Steering Committee Terms of Reference, that the “the Chairperson has delegated authority to sign the Non- Disclosure Agreement on behalf of the Innovation Steering Committee and City of Tshwane”. The appointment of the chairperson with the delegation of authority granted would be a legal process that ensures that intellectual property of the innovator is protected and that members of the Innovation Steering Committee are prohibited from disclosing information presented to them. The Non-Disclosure Agreement is accompanied by the Declaration form that the innovator would sign. The purpose of the declaration form is to serve as a confirmation from the innovator that the solution presented to the Innovation Steering Committee legally belongs to them and also exempt the City of Tshwane from any claims that may arise. 5. COMMENTS OF THE STAKEHOLDER DEPARTMENTS 5.1 COMMENTS OF THE CHIEF AUDIT EXECUTIVE Group Audit and Risk take into cognizance the appointment of the Steering Committee. The need to ensure and consolidate COT IP and Knowledge management systems cannot be reemphasized. We are of the view that the concept of knowledge management both tacit and explicit should be clearly redefined in the context of driving Innovation. leveraging of existing administration structures will assist in driving COT Innovation knowledge management.
19 5.2 COMMENTS OF THE CHIEF FINANCIAL OFFICER Cognisance is taken of the contents of the report. The purpose of this report is to request approval for the appointment of the new Innovation Steering Committee members, the approval of the Innovation Steering Committee terms of reference and approval of Non-Disclosure Agreement and Declaration Form. Group Financial Services has no objections to the recommendations of the report subject to positive comments from the Group Legal Counsel. There are no financial implications emanating as a result of this report for the City of Tshwane. Group Financial Services will render further financial comments on future reports in this regard. 5.3 COMMENTS OF THE CHIEF OF STAFF The contents of the report are noted and the recommendations are supported. The establishment of the Innovation Steering Committee will ensure the support of innovation by the City and possibly contributing to the economic development of the City as well as economic inclusion of particularly, young innovators. 5.4 COMMENTS OF THE GROUP HEAD: GROUP LEGAL AND SECRETARIAT SERVICES The purpose of the report is to seek • the appointment of the new Innovation Steering Committee members; • the approval of the Innovation Steering Committee terms of reference; and • approval of Non-Disclosure Agreement and Declaration Form. Section 6 (2)(a) of the Municipal Systems Act, 2000( Act 32 of 2000) requires that the administration of a municipality must be responsive to the needs of the local community and must establish clear relationships between communities. The Council approved the Implementation of Innovative Framework in the city on the 19th June 2013. The aim was to provide forms of engagement amongst all stakeholders identified to ignite excellence in the city through innovative agreement. Section 79 1(a-c) of the Local Government: Structures Act, 1998 (Act 117 of 1998) states that a Municipal Council may: • Establish one or more Committees necessary for the effective and efficient performance of any of its functions or power. • appoint the members of such Committee from among its members • Dissolve the Committee every time.
20 Therefore, Group Legal Services Department takes cognizance and supports the contents of the report and advice that same may be recommended to the Mayoral Committee. 5.5 COMMENTS OF THE GROUP HEAD: COMMUNICATIONS, MARKETING AND EVENTS The reports seeks: o The appointment of the new Innovation Steering Committee members; o The approval of the Innovation Steering Committee terms of reference; and o The approval of a Non-Disclosure Agreement and Declaration Form. It is clear from the report that the establishment of the Innovation Steering Committee is important to ensure the consistent management of innovation and capability building in the city. Therefore, the Group Communication and Marketing (GCM) Department supports the content of the report. GCM will play its role to communicate the outcome of the report to staff if so required by the department. 5.6 COMMENTS OF THE GROUP HEAD: CUSTOMER RELATIONS MANAGEMENT The purpose of the report is to: • the appointment of the new Innovation Steering Committee members; • the approval of the Innovation Steering Committee terms of reference; • approval of Non-Disclosure Agreement and Declaration Form. The department take cognizance of the initiative as to sustain economic growth, job opportunity creation and better quality life for citizen by enhancing the capability for effective management of innovation in the City and further assures fair procedures are applied. The City Strategy and Organisational Performance department must play vital role in this establishment based on terms of reference and ensure that skilled and adequate capacity is entrusted in complying with governance innovation processes and building a conducive environment for research methodologies. Therefore the CRM department supports the report content and recommendations for approval purpose. 5.7 COMMENTS OF THE GROUP HEAD: REGIONAL OPERATIONS AND COORDINATION The purpose of the report is, 'the appointment of the new Innovation Steering Committee members; the approval of the Innovation Steering Committee terms of reference; approval of Non-Disclosure Agreement and Declaration Form'. The ROC supports the report, its objectives and recommendations.
21 5.8 COMMENTS OF THE OFFICE OF THE CHIEF OPERATING OFFICER The Chief Operations Officer supports the recommendations in the report. 6. IMPLICATIONS 6.1 HUMAN RESOURCES None. 6.2 FINANCES There are no financial implications for the set up of the Innovation Steering Committee. Innovation management forms part of the operational budget of the City Strategy and Organisational Performance Department. 6.3 CONSTITUTIONAL AND LEGAL FACTORS None. 6.5 COMMUNICATION None. 6.6 PREVIOUS COUNCIL OR MAYORAL COMMITTEE RESOLUTIONS None. 7. CONCLUSION Building the necessary structures to drive the desired innovation capability building is key, and the City Strategy and Organisational Performance department plays a significant role in this regard; and it is important that the necessary support is provided. The Steering Committee members are important stakeholders in the City’s innovation ecosystem. Therefore, mandated and professional guidance ensures that the City builds the enabling environment for innovation and research to flourish. IT WAS RECOMMENDED (TO THE MAYORAL COMMITTEE: 3 OCTOBER 2018): That it be recommended to Council: 1. That the appointment of the Innovation Steering Committee be approved; 2. That the terms of reference as the guiding principles for the Innovation Steering Committee be approved; and 3. That the official usage of the Non-Disclosure Agreement and Declaration Forms as part of innovation governance processes be approved.
22 During the consideration of the report, it was agreed: That recommendation 1 be amended to read as follows: “That the establishment of the Innovation Steering Committee be approved”. In view of the above, it was: RESOLVED: 1. That the establishment of the Innovation Steering Committee be approved; 2. That the terms of reference as the guiding principles for the Innovation Steering Committee be approved; and 3. That the official usage of the Non-Disclosure Agreement and Declaration Forms as part of innovation governance processes be approved.
23 Reference No 19370/1[COT\TNC] Luckie Sihlangu (4052) MAYORAL COMMITTEE: 3 October 2018 4. GROUP HUMAN CAPITAL MANAGEMENT DEPARTMENT (LEARNING AND DEVELOPMENT) PARTNERSHIP BETWEEN CITY OF TSHWANE AND TSHWANE NORTH (TVET) COLLEGE TO PROVIDE FOR THE WORK INTEGRATED LEARNING PROGRAMME (From the Special Executive Committee: 17 September 2018) 1. PURPOSE The purpose of the report is to seek permission to enter into a partnership and further collaboration with Tshwane North TVET College (TNC) as a lead employer to provide for the implementation and coordination of the placement of graduates on the Work Integrated Learning (WIL) programme with the City of Tshwane (CoT) as the host employer. 2. STRATEGIC PILLARS The report addresses – Strategic Pillar 5: A City that is Open, Honest and Responsive. Action 1: Establishing professional and effective government processes. Priority Area 16: Building a capable City Government; and ensuring that the human resource processes in the City are efficacious. (Revised Strategic Pillars for 2017 – 2021). 2.1 A City that is open, honest and responsive. 3. BACKGROUND The Mayoral Committee on the 20 September 2017 directed that the Work Integrated Learning programme (WIL) funded by the Council be tapered down and phased out due to financial constraints to fund the project further. It further resolved that the Group Human Capital Management (Learning and Development division) explore legitimate placement interventions and funding sources such as: • Alternative lead employers/ sponsors, and • LGSETA Discretionary grant funding. This report is tabled in line with this resolution.
24 4. DISCUSSION 4.1 Introduction It is a strategy of government that the Technical Vocational Education and Training (TVET) Colleges must play a pivotal role in providing access to education and training opportunities. The Tshwane North TVET College (TNC) consists of 6 campuses and a Central Office. The 6 campuses are Pretoria Campus (the biggest and in the urban area) Mamelodi Campus (previously disadvantaged area), Soshanguve South and North Campuses (previously disadvantaged area), Rosslyn Campus (Automotive industrial area) and Temba Campus (semi-rural area). The College employs approximately 580 staff members and enrolled approximately 23 000 students in 2017. According to the 2011 census data, the current total population within the Tshwane Metropolitan Municipality is 2 921 488. The unemployment rate is 24.2% and the youth unemployment rate is 32.6%. Only 24% of the population has a post matric qualification. There is an increasing pressure from the South African Government to increase accessibility and responsiveness in the TVET sector in order to alleviate scarce skills in the country aimed at improving the socio-economic conditions of societies. The College however cannot address these needs if there is a lack partnership with industry. The limited resources in terms of placement have prompted Government to encourage partnerships with Industry, Business, other spheres of government and the Sector Education and Training Authorities (SETAs) to link with Public Colleges and support initiatives in TVET Colleges that seek to improve the quality of training, development and work based experience. Tshwane North TVET College established a Placement office in 2011 to assist students with placement opportunities in order to acquire a full qualification and also be ready for employment. This was as a result of the Minister of Higher Education and Training’s call to TVET Colleges to partner with industry to assist with placement of students. Because of the demand in terms of the number of students requiring work exposure Tshwane North TVET College had to identify big institutions within Tshwane to assist in dealing this influx. This led to the 2012 partnership with City of Tshwane. The partnership made a huge impact as more students qualified to be awarded National Diplomas and saw others being appointed on a contract basis which lead to employment. It is on this basis that the College is once again requesting the City of Tshwane to assist in this regard. The College applied for funding with Services SETA to appoint 200 students on Work Integrated Learning (WIL). These students can be placed in the City of Tshwane offices in and around Tshwane to do their WIL which will afford them an opportunity to meet the practical requirements of the National Diploma and to also be exposed in the chosen field of study. 4.2 Objectives • The objective of this proposal is to form a strategic partnership with the City of Tshwane particularly in the area of job placement. This is seen as an opportunity for students to acquire the necessary skills through Government institutions that seek to promote the development of the youth in Tshwane.
25 Specifically, Tshwane North TVET College proposes that City of Tshwane: a. Becomes an official partner which will ensure work exposure for Tshwane North TVET College students. b. Adopt the College and assist with the development of its students. 4.3 General Obligations of Tshwane North TVET College: • Facilitate the call up of Students. • Binding WIL contracts must be signed between TSHWANE NORTH TVET COLLEGE and the student and the City of Tshwane and the student. • Provide placement expectations prior to commencement of work placement. • The Tshwane North TVET College and the City of Tshwane will collectively conduct the Induction programme in order to highlight quality of service expected of the students placed in WIL programme. • Arrange with the Students to avail themselves for the induction. • To submit the monitoring schedule to the City of Tshwane at the beginning of the WIL programme. • To supply the Logbook utilized for recording progress and performance of Students. • Ensure that Students receive their diplomas after successful completion of the WIL programme. • Monitoring and evaluating WIL programmes to ensure that placement opportunities continue to relate to assessment guides of the Department of Higher Education and Training and the National Qualifications Framework. • Analyze and manage information received from City of Tshwane in terms of progress, attendance and deviations. • Must ensure that the required support for the successful completion of the WIL programme is given. • Inform the students that the administration of stipends is managed by the Services Seta. • Keep the records of internship/ WBE programme up to date and periodically discuss progress with the City of Tshwane. • Arrange quarterly meetings to discuss the progress of the WIL programme as per the requirements of this MOU. • Report quarterly to Services Seta in accordance to the MOA requirements.
26 4.4 General Obligations of the City of Tshwane o Profiling of students for various departments to suitability of students in respect of OHS requirements, aptitude, fitness etc. o To attend to the selection of the students. o The Tshwane North TVET College and the City of Tshwane will collectively conduct the Induction programme. o Conduct monitoring of training programme during the whole WIL period. o Ensure that students are periodically rotated. This is to ensure that learning outcomes are achieved within the time frame of the programme. o The City of Tshwane must forward the students’ Verification Reports to Tshwane North TVET College at the end of the internship/WBE Programme. o To provide relevant learning opportunities, material and protective clothing when necessary. o Maintain the attendance register and ensure students sign the attendance register. o Keep the records of learning up to date and periodically discuss progress with the students. o Tshwane North TVET College should provide students’ Verification Reports at the end of the training programme to the City of Tshwane. 4.5 General Obligations of the Services SETA o Administer and ensure timeous disbursement of stipends to students o Communication of required reporting documents to both Tshwane North College and the City of Tshwane. 4.6 Training Partnership • The City of Tshwane will provide exposure for students in the relevant fields. • As a training partner students who have qualified will regularly be placed with the City of Tshwane for exposure and experiential training. • The City of Tshwane will ensure that mentors are appointed to ensure effective training and development. 4.7 Benefits of this Partnership • Students will meet the requirements to graduate with a National Diploma. • Students will be exposed and also be ready for employment.
27 • City of Tshwane can have a database that can be used for recruitment purposes. • City of Tshwane will be recognized as a leading partner in the development of Tshwane North TVET College students. • Tshwane North TVET College students will be able to compete in the industry as they would have been trained by experts in the industry. • City of Tshwane can report on the placement of these students in their skills development audits. 4.8 Duration The agreement shall endure for a period of eighteen (18) months for Report 191/NATED Programmes and Twelve (12) months for NC (V). In the event that parties would like to proceed with a similar agreement, a further agreement will have to be negotiated. 4.9 Payment of Stipend The internship programme is funded by Services SETA and the interns in terms of the agreement will receive a stipend of R2 500 per month. This will be administered and paid by Tshwane North College directly to the interns’ accounts at the end of every month. 5. COMMENTS OF THE STAKEHOLDER DEPARTMENTS 5.1 COMMENTS OF THE CHIEF FINANCIAL OFFICER Cognizance is taken of the content of the report. The purpose of this report is to seek permission to enter into a partnership and further collaboration with Tshwane North TVET College (TNC) as a lead employer to provide for the implementation and coordination of the placement of graduates on the Work Integrated Learning (WIL) programme with the City of Tshwane (CoT) as the host employer. The Group Financial Services Department has no objection to the proposed Memorandum of Understanding (MoU) between the City of Tshwane and Tshwane North TVET College (TNC) which will provide for the implementation and coordination of the placement of graduates on the Work Integrated Learning (WIL) programme, at no cost. It is recommended in the report that the Memorandum of Understanding (MoU), after ratification of this report, be entered into between the two parties upon implementation of this partnership and no student be placed before the agreement is duly signed by all applicable parties. It is indicated in paragraph 6.2 of the report that there are no direct financial implications on the part of the City of Tshwane. This undertaking should be kept. The Group Financial Services Department will render further financial comments on future reports in this regard.
28 5.2 COMMENTS OF THE GROUP HEAD: GROUP LEGAL AND SECRETARIAT SERVICES In terms of the provision of section 153 of the Constitution of the Republic of South Africa,1996 a municipality must structure and manage its administration, budgeting and planning processes to give priority to the basic needs of the community and to promote the Social and Economic development of the community. Section 15 of the Municipal Finance Management Act 56 of 2003 provides that a Municipality may, except where otherwise provided in this Act incur expenditure only in terms of an approved budget and within the limits of the amounts appropriated for the different votes in an approved budget. In terms of the provision of the Experiential Training Policy, approved by the Council on the 26 February 2009, which stipulate that it is the responsibility of CoT to ensure that when appointing candidates to a particular position or signing contract with incumbent that the candidate is provided with the appropriate training as envisaged in the work environment to archive the relevant outcome required and to specify the duration of the training. The candidate will be expected to sign the contract. The department is further obliged to advise the incumbent of the terms and conditions of the contract including the training allowance, workplace policies and procedures. Kindly note that in terms of the current Systems of Delegation, the City Manager has been delegated the power to sign any document and or contract pertaining to all departments and / or its functions in accordance with the municipality’s policy and therefore any person who wants to sign any document or contract must first get the powers to be sub delegated to him / her in writing by the City Manager. The Corporate System of Delegation clearly provides that the Executive Mayor may sub delegate the power to sign any documents and/or contracts pertaining to the department and/or its functions in accordance with the Municipality’s policy to the City Manager. These delegations do not prohibit the City Manager to Sub- delegate in writing this power to the appropriate SEDs. Group Legal Services supports the recommendations of this report subject to compliance with the above legal instruments. • All financial implications which may emanates as a result of this agreement must be managed within the limitations of the approved Medium-Term Revenue Expenditure Framework of the relevant department to ensure that the affected department does not exceed their budget allocation in the applicable financial year. • That the provisions of the Corporate System of Delegation in so far as it relates to the signing powers of such document are adhered to. The agreement is made available to our contract management section for vetting and compliance thereof.
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