ETHEKWINI MUNICIPAL COUNCIL - eThekwini Municipality

 
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- 2141 -

No. 59                         MINUTES
                                       OF
          ETHEKWINI MUNICIPAL COUNCIL
                  Meeting held on Thursday, 2019-09-27T10:00,
                 City Hall Main Auditorium, Church Walk, Durban

PRESENT   :   Councillors WG Thusi (Speaker), TM Kaunda (Mayor), BF Scott
              (Deputy Mayor), J Annipen, A Beetge, S Bhanprakash, MPN Bhengu,
              MC Bhengu, NC Biyela, T Biyela, NJ Bollman, M Brauteseth, S Brijmohan,
              WJD Burne, SS Butelezi, H Cele, J Chetty, CO Clayton, R Cloete, TP Collins,
              M David, SV De Boer, GT De Lange, MAK Dladla, JA Dlamini, SR Dlamini,
              MP Dlomo, J Essop, VE Gebashe, HD Goge, R Gokool, G Govender,
              S Govender,     Y Govender,    NL Graham,    BR Gumede,       NC Gumede,
              NP Gumede, TR Gumede, ZD Gushu, MS Gwala, MH Haniff, GJ Hegter,
              PL Hlengwa, QL Hlengwa, NP Hlomuka, RC Hlophe, NB Hoosman, NB Iyir,
              JA Johnson, M Johnson, SA Kaunda, DM Khanyile, ES Khanyile,
              KNN Khubone, JS Khuboni, PZ Khumalo, HL Khubisa, NL Khuzwayo,
              S Khuzwayo,      ZW Khuzwayo,     SNC Khwela,      CJ Laing,    CB Langa,
              M Lutchmen, P Luthuli, TN Mabanga, MT Mabaso, NI Madlala, A Maharajh,
              B Majola, TG Makhanya, ZP Makhanya, MW Manqele, WL Mapena,
              TZ Mathe, PM Mbambo, V Mbanjwa, AM Mbele, RD Macpherson,
              FW Mdletshe, DM Mhlanzi, SE Mhlongo, MB Mjadu, AZ Mkhize,
              HGB Mkhize, ME Mkhize, MM Mkhize, S Mkhize, SM Mkhize, X, Mkhize,
              SM Mkhwanazi, PS Mncube, E Mngadi, SB Mngadi, SV Mngadi, NE Mnguni,
              S Mnguni, BV Mngwengwe, LN Mngwengwe, SR Moodley, S Moonsamy,
              B Mpanza, SB Mpanza, B Msomi, NP Msomi, M Mthembu, MGF Mthembu,
              MM Mthembu, ON Mthembu, TM Mthethwa, TT Mthiyane, N Munien,
              AB Mvubu, RM Mzobe, BD Naidoo, J Naidoo, M Nair, X Nala,
              PL Ncayiyana, BP Ndlela, AB Ndlovu, PB Ndlovu, S Ngema, MM Ngiba,
              TT Ngubane, BE Nhlangulela, SJM Nhlapho, MS Nkosi, DR Nowbuth,
              GM Noyce, PC Ntshangase, SC Ntshangase, BT Ntuli, PB Ntuli, PH Nxumalo,
              W Nyaba, MS Nyawose, TT Nzuza, JP Phewa, TK Phohlo, BP Phungula,
              D Pillay, P Pillay, JP Prinsloo, MD Qwabe, A Ramkissoon, A Rampersad,
              S Ryley, T Sabelo, AN Shabalala, B Shabane, MG Shange, SG Shange-
              Dlamini, MT Shelembe, ES Shezi, MC Shezi, VH Shezi, DM Shozi, M Sibisi,
              N Sibiya, PN Sikhosana, EL Singh, Sagar Singh, Samier Singh, NI Sithole,
              EG Smith, AD Snyman, ZR Sokhabase, M Tembe, JB Thabethe, S Thango,
              JC Van den Berg, PA Vedan, SM Windvogel, MC Xulu, TV Xulu, NY Young,
              BM Zulu, GB Zulu, MBR Zuma, TM Zuma, TG Zungu, and MH Zwane.

ABSENT    :   Councillors S Aslam, NT Cele (On leave – Indisposed), CB Dlamini (On leave
              – Municipal Business), SB Dlamini (On leave – Indisposed), BA Fortein (On
              leave – Municipal Business), PJC Graham, ZRT Gumede (On leave –
              Indisposed), MH Khan, TJ Luthuli (On leave – Municipal Business), P Mfeka
              (On leave), K Mhlaba (On leave – Indisposed), GN Mhlongo, BA Mkhize (On
              leave – Municipal Business), KV Mkhize, MP Mkhize (On leave –
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                                                                Council Minutes - 2019-09-27)

                  Indisposed), SNL Mshengu (On leave), LG Mthembu (On leave),
                  NE Mthembu (On leave – Indisposed), MK Ndzimbomvu (On leave),
                  ZS Ndzoyiya, AS Ngcobo (On leave – Indisposed), M Nojiyeza (On leave –
                  Indisposed), NN Nyanisa (On leave – Indisposed), F Peer, BW Phewa (On
                  leave), DR Pillay ( On leave), KR Pillay (On leave – Indisposed), GDA Pullan
                  (On leave), BR Qhantsi (On leave – Indisposed), S Sewshankar (On leave –
                  Indisposed), HP Shozi (On leave), KS Sibisi (On leave), PS Sishange (On
                  leave – Indisposed), C Xesibe (On leave – Indisposed) and T Xuma (On leave).

AMAKHOSI
PRESENT  :        Inkosi PP Luthuli and Inkosi EB Shozi.

AMAKHOSI
ABSENT   :        Inkosi BF Bhengu, Inkosi VR Cele, Inkosi TF Gwala, Inkosi NM Hlengwa,
                  Inkosi KS Makhanya, Inkosi NC Maphumulo, Inkosi DZ Mkhize,
                  Inkosi LD Mkhize, Inkosi KT Mkhize, Inkosi TBE Mkhize, Inkosi S Mlaba,
                  Inkosi RF Mthembu, Inkosi MB Ngcobo and Inkosi J P Shangase.

OFFICIALS
PRESENT   :       Messrs/Mesdames S Nzuza (City Manager), M Mhlongo (Head: Legal Services
                  and Compliance), BM Mhlongo (Deputy Head: Office of the Speaker),
                  KR Ramsunder (Chief Committee Officer) and P Nkake (Principal Committee
                  Officer).

(At the commencement of the meeting 168 Councillors were present, comprising ANC – 93,
DA - 51, IFP - 10, EFF - 6, INDEPENDENT - 3, AIC - 1, ACDP – 1, MF - 0, DLC - 1, TA - 0,
MOSA – 1, APC - 1 and AL JAMA-AH - 0).

                                    _________________

1.          NOTICE CONVENING THE MEETING

            The City Manager read the Notice convening the meeting as per the statutory
            requirement.

2.          OPENING

            The Speaker declared the meeting open and extended a warm welcome
            to His Worship the Mayor, the Deputy Mayor; Members of the Executive
            Committee; Honourable Councillors and Traditional Leaders; Distinguished Guests;
            City Manager; Deputy City Managers and Heads present; Legal Services
            and Compliance officials; Media; Members of the Public and Members
            of the Administration.

3.          AFRICAN UNION AND NATIONAL ANTHEM

            At the request of the Speaker the meeting stood to sing the African Union Anthem
            and the National Anthem of the Republic of South Africa.
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4.   OPPORTUNITY FOR PRAYER/MEDITATION

     The Speaker requested Council to observe a moment’s silence for all those
     who had passed on.

5.   OFFICIAL ANNOUNCEMENTS

     The Speaker dealt with items 5 and 6 of the Order of Procedure, relative to official
     announcements and her report, concurrently. She made a humble request
     for all meetings to commence timeously and for Councillors and Members
     of the Administration to dress appropriately when attending meetings. The Speaker
     touched on the challenges being faced by the Country, in particular, the scourge
     of femicide. In that regard, she mentioned the march and mass prayer led by the KZN
     Premier on 2019-09-26 for the fight against femicide and abuse against children.

     On behalf of the City, the Speaker thereafter extended condolences to:

     •   All those who had passed on due to gender-based and xenophobic violence
         in the Province and the Country, especially the violent incidents against women
         and children, in particular, the four children from Wyebank who were murdered
         by their father.

     •   The family of former President of Zimbabwe, Robert Mugabe following
         his demise.

     •   The family of Mr Thami Shobede, the runner-up for the Idols Music
         Competition, who passed on after illness.

     •   The family of the Deputy Minister of Mineral Resources and Energy,
         Ms Bavelile Hlongwa, who lost her life in a tragic motor accident.

     •   The Majola family on the loss of former Councillor Stalwart Sbonelo Mthembu
         (Majola).

     In extending her good wishes to Councillors and officials for the Heritage Month,
     the Speaker congratulated all the Zulu maidens who had attended the Reed Dance
     as part of the Heritage Month celebrations.

     The Speaker advised that the Council would go into recess from 2019-09-27
     to 10-04 and that all urgent matters would be dealt with in terms of the Rule
     of Order 28 By-law.

     She conveyed her best wishes to all Councillors celebrating their birthdays during
     the month of September. Thereafter, she requested Councillors to switch off their
     microphones after speaking to avoid interference with the sound system.
     The Speaker also requested Councillors to talk slowly and clearly during
     the proceedings to enable the interpreters to contribute meaningfully.

     In conclusion, the Speaker referred Councillors to Rules of Order 16(1) (a)-(e) and
     (4), (5), (6), (7) and (9). As per such Rules, Councillors were requested to conduct
     themselves in a respectful manner, to refrain from interrupting the proceedings and
     were encouraged to conduct business with the highest decorum and integrity that the
     occasion and the residents of the Municipality deserved.
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6.   APPLICATIONS FOR LEAVE OF ABSENCE

                                         RESOLVED:
     That the following Councillors be granted leave of absence as indicated:-

     Councillor NT Cele                          :       2019-09-27 (Indisposed)
     Councillor CO Clayton                       :       Request to leave at 14:00
     Councillor TP Collins                       :       Request to leave at 12:30
     Councillor M David                          :       Request to leave at 13:50
     Councillor CB Dlamini                       :       2019-09-21 to 28 (Municipal Business)
     Councillor BA Fortein                       :       2019-09-21 to 28 (Municipal Business)
     Councillor ZRT Gumede                       :       2019-09-25 to 27 (Indisposed)
     Councillor QL Hlengwa                       :       Request to leave at 13:00
     Councillor SA Kaunda                        :       2019-09-27 (Municipal Business)
     Councillor TM Kaunda                        :       Request to leave at 14:30
     Councillor TJ Luthuli                       :       2019-09-21 to 28 (Municipal Business)
     Councillor P Mfeka                          :       2019-09-25 to 30 (Personal Commitments)
     Councillor K Mhlaba                         :       2019-09-27 (Indisposed)
     Councillor BA Mkhize                        :       2019-09-27 (Municipal Business)
     Councillor MP Mkhize                        :       2019-09-27 (Indisposed)
     Councillor S Mkhize                         :       2019-09-27 (Personal Commitments)
     Councillor S Moonsamy                       :       Request to leave at 14:30
     Councillor SNL Mshengu                      :       2019-09-27 to 30 (Personal Commitments)
     Councillor LG Mthembu                       :       2019-09-27 (Personal Commitments)
     Councillor NE Mthembu                       :       2019-09-27 (Indisposed)
     Councillor M Nair                           :       Request to leave at 12:00
     Councillor MK Ndzimbomvu                    :       2019-09-27 (Personal Commitments)
     Councillor AS Ngcobo                        :       2019-09-27 (Indisposed)
     Councillor SB Ngcongo                       :       2019-09-27 (Indisposed)
     Councillor TT Ngubane                       :       Request to leave at 13:00
     Councillor M Nojiyeza                       :       2019-09-25 to 10-03 (Indisposed)
     Councillor NN Nyanisa                       :       2019-09-27 (Indisposed)
     Councillor BW Phewa                         :       2019-09-24 to 30 (Personal Commitments)
     Councillor DR Pillay                        :       2019-09-13 to 28 (Overseas Trip)
     Councillor KR Pillay                        :       2019-09-27 to 10-30 (Indisposed)
     Councillor GDA Pullan                       :       2019-09-27 to 10 -08 (Personal Commitments)
     Councillor BA Qhantsi                       :       2019-09-27 to 30 (Indisposed)
     Councillor A Ramkissoon                     :       Request to leave at 14:30
     Councillor S Sewshanker                     :       2019-09-27 (Indisposed)
     Councillor MC Shezi                         :       2019-09-27 (Municipal Business)
     Councillor HP Shozi                         :       2019-09-27 to 28 (Personal Commitments)
     Councillor S Sibisi                         :       2019-09-27 to 28 (Personal Commitments)
     Councillor PS Sishange                      :       2019-09-27 (Indisposed)
     Councillor JB Thabethe                      :       Request to leave at 11:30
     Councillor C Xesibe                         :       2019-09-27 (Indisposed)
     Councillor T Xuma                           :       2019-09-27 (Personal Commitments)
     Councillor PM Zulu                          :       Request to leave at 14:00

     (NB: It is recorded that although Councillors SA Kaunda, S Mkhize and MC Shezi had applied for leave of absence from
     this Council meeting, they were in attendance).
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7.    CONFIRMATION OF MINUTES: Meetings held on 2019-07-31; 2019-09-05 and
      In-Committee Meeting held on 2019-08-06

                                 RESOLVED:

      That the minutes of the meetings of the eThekwini Municipal Council held
      on 2019-07-31 and 09-05 and the minutes of the In-Committee meeting held
      on 2019-08-06, as circulated and taken as read, be and they are hereby confirmed.

8.    QUESTIONS IN TERMS OF SECTION 27 OF THE RULES OF ORDER

      The following Questions in terms of Section 27 of the Rules of Order were
      submitted:-

8.1   Questions submitted by Councillor Y Govender: Municipality Oversight Committee
      responsible for litigation (17/2/2/6):

      In terms of Section 151 (2) of our Constitution, the executive and legislative powers
      of a municipality is vested in its Municipal Council. The media often reports that the
      municipality is being sued however reports do not come to Council.

      In light of the above, I request the following questions to be answered:

      1.    Which Municipal Committee is responsible for oversight over litigation
            where the Municipality sues or is being sued?

      2.    If, no Committee is responsible for oversight, then which political
            structure, political office bearer, Councillor, or staff member
            of the Council is responsible for such oversight?

      3.    How many cases by or against the Municipality are pending in:

            (a)      Civil Courts;
            (b)      CCMA
            (c)      Labour Court; and
            (d)      Department of Labour

      4.    How many matters/court matters with financial implications have been
            settled from 1st July 2016 to date?

      5.    How many Judgements have been taken against the Municipality
            for damages from 1st July 2016 to date?

      6.    What is the cumulative total or quantum in damages that the Municipality
            has been ordered to pay, since 1st July 2016 to date?

      7.    At which Full Council Meeting has any approval been given for any
            settlement to be made in any litigious or disputed matter involving
            the Municipality, whether or not legal proceedings have been instituted?
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      8.   If no approval was obtained at any Full Council Meeting, then to whom
           has the power to settle litigious and dispute matters been delegated, and
           when was that power delegated?

      9.   If this power has been delegated, when were the reports in terms
           of Section 63 of the Municipal Systems Act No. 32 of 2000 provided,
           and to whom were they provided?

      The above-mentioned questions by Councillor Y Govender were DEFERRED
      to enable the Head: Legal Services and Compliance to undertake the relevant
      research in respect of the provision of answers to the questions.

8.2   Questions submitted by         Councillor   S    Sewshanker:    Tenders    Awarded
      for CCTV Cameras (9/R):

      From 2016 to date the ratepayers of the eThekwini Municipality have forked out
      R365 Million in total for tenders awarded for ordinary CCTV cameras that record
      footage and special license recognition plate cameras that match footage in real time
      to number plates. The purpose of installing and monitoring these cameras was
      to curb crime in and around the city. In light of the information provided I pose the
      following questions:

      1.   Why were the tenders acquired via Section 36?

      2.   What is the cost of each CCTV camera and how many were acquired?

      3.   What is the cost per license plate recognition cameras and how many were
           acquired?

      4.   Have all the cameras acquired been installed. If not, why?

      5.   Are all the cameras acquired fully operational? If not, when will this be
           resolved?

      6.   Which Unit in the City is responsible for monitoring the cameras?

      7.   As of which date were the cameras operational?

      Councillor S Moonsamy provided the following respective responses:-

      1.     Tender 1C38389: Supply, Installation, Testing and Commissioning of CCTV
             Electronic Security Equipment: Was acquired through normal 3-stage tender
             process. Awarded in February 2019.

             Tender 1C254: Maintenance and Replacement of Critical CCTV
             Infrastructure: Was awarded in December 2018, in accordance with
             Section 36 tender process, to the sum of R4 141 922.23. This tender
             was to cater for the period of until the award of the new maintenance tender.
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     Tender 1C7060: Supply, Delivery, Installation and Maintenance of all CCTV
     camera systems and all auxiliaries with eThekwini Municipality.
     Was acquired through normal 3-stage tender process. Awarded in July 2015
     and expired in June 2018.

2.   A total of 3 343 cameras were acquired from 2015 to 2019, with the majority
     being for various buildings within the eThekwini Municipality. The cost
     of cameras varies as per site requirements and lighting. The costing
     per camera type is detailed as per table below:

                                                                                Cost (R)
     Camera Type
                                                                               Excl. VAT
     ONE Megapixel low cost fixed lens dome (For areas with good lighting)      2899,26

     TWO Megapixel low cost fixed lens dome (For areas with good lighting)      3936,66

     THREE Megapixel low cost fixed lens dome (For areas with good lighting)    5173,35

     FIVE Megapixel fish eye dome (For areas with good lighting)                6728,09

     ONE Megapixel low cost fixed lens dome (For areas with Bad lighting)       5692,05

     TWO Megapixel low cost fixed lens dome (For areas with Bad lighting)       5692,05

     THREE Megapixel low cost fixed lens dome (For areas with Bad lighting)     6728,09

     Single Channel camera body for multiple discreet head options              5034,12

     Four Channel camera body for multiple discreet head options                8736,00

     Normal sensor unit                                                         2791,43

     Varifocal sensor unit                                                      3135,41

     Pinhole sensor unit                                                        3276,00

     Fish Eye sensor unit                                                       3549,00

     Rugged mobile surveillance camera                                          4654,65

     Rugged mobile surveillance camera 2 megapixel                              5692,05

     ONE Megapixel Varifocal fixed dome camera M3204 replacement                4819,82
     ONE Megapixel Varifocal dome camera incl I/O and audio M3304
                                                                                5692,05
          replacement
     ONE Megapixel Varifocal dome incl SD card support and extreme low
                                                                                6210,75
          light
     ONE Megapixel Varifocal dome incl SD card support and extreme low
                                                                                9321,59
          light and audio and I/O support
     New P3345 Megapixel Varifocal dome incl SD card support and extreme
                                                                                9321,59
          low light and audio and I/O support
     Low Cost non megapixel wide angle varifocal (for areas with good
                                                                                4336,61
          lighting)
     Low Cost Megapixel wide angle varifocal (for areas with good lighting)     5303,03

     Low cost non Megapixel day night varifocal Box camera                      5371,28

     Low cost Megapixel day night varifocal Box camera                          5371,28
     1.3 Megapixel Varifocal Box camera incl SD card support and extreme low
                                                                                8012,55
        light
     TWO Megapixel Varifocal Box camera incl SD card support and Low light      8991,26
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                                                                                  Cost (R)
      Camera Type
                                                                                 Excl. VAT
      FIVE Megapixel Varifocal Box camera incl SD card support and Low light     10487,30

      Non Megapixel Extreme Low light with varifocal lens                         9321,59

      ONE Megapixel Extreme Low light with varifocal lens                        10357,62

      TWO Megapixel Day night zoom capable box camera                            15541,89

      TWO Megapixel Infra red, zoom capable box camera                           15686,58

      ONE Megapixel digital ptz dome                                              6775,86

      ONE Megapixel External wall mount ptz dome                                 17745,00

      TWO Megapixel External wall mount ptz dome                                 21976,50

      ONE Megapixel External Variable mount ptz dome                             35242,94

      ONE Megapixel External Variable mount ptz dome (with cooling feature)      46708,94
      ONE Megapixel External Variable mount ptz dome (with Pressurized
                                                                                 66409,98
          stainless steel casing)
      TWO Megapixel External Variable mount ptz dome                             37317,74

      TWO Megapixel External Variable mount ptz dome (with cooling feature)      48782,37
      TWO Megapixel External Variable mount ptz dome (with Pressurized
                                                                                 68483,42
          stainless steel casing)

3.   60 License plate recognition cameras were acquired. The software that was
     included was based on a public system, which posed a security risk
     to the citizens of the Municipality as the database of number plates
     and pictures were managed by the service provider. Thus, the Head of DMEC
     has refused for this software to be used. The cameras that were installed
     are used as normal monitoring cameras. The cost of each camera
     with a 3-year license is R23 211.94.

     Going forward, eThekwini Municipality has installed and configured a private
     video cloud system, where license plate recognition will be performed.
     The Video cloud and all information is owned by the Municipality.
     This is a requirement for the Department and Transport eNatis system
     and SANRAL integration.

4.   Yes, installed and commissioned.

5.   Theft and vandalism have resulted in numerous camera faults, especially
     on the street cameras. Camera status for street cameras are reported
     on a monthly basis to the Committee. Fibre Optic infrastructure is managed
     by the IMU (Information Management Unit) in the eThekwini Municipality.
     There are currently no valid fibre optic maintenance contracts within
     the Municipality. The majority of the camera faults are due fibre optic issues.
     The Electrical infrastructure is also stolen and vandalised. Working
     with the Electricity Unit, certain faults are being attended to.
     Aging technology and infrastructure, has also contributed to the fault count.
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      6.     All street cameras are monitored in four control rooms in the city located
             at the following areas:
             • Central (Disaster Management Centre).
             • Beach
             • North (Verulam)
             • West (Pinetown)

             These centres fall under the Disaster Management and Emergency Control
             (DMEC) Unit. Each control room has representation from DMEC, Metro
             Police, SAPS and UIP.

             All building cameras are monitored by that respective Unit/Department.

      7.     Installed and commissioned at various times during the period of 2015
             to 2019.

8.3   Questions submitted by Councillor MS Gwala: Senior Citizens Parties in Ward 39
      (7/1/2/2):

      Noting that eThekwini Municipality has included in the annual budget monies to host
      Senior Citizens parties at the end of each year in each of the Wards of eThekwini
      Municipality.

      Can you please explain the following:

      1.   Why did Ward 39 not have a Senior Citizens Party in the 2016?

      2.   Why did Ward 39 not have a Senior Citizens Party in the 2018?

      3.   What happen to the money allocated to the party for Ward 39 in 2016?

      4.   What happen to the money allocated to the party for Ward 39 in 2018?

      Councillor NI Sithole provided the following respective responses:-

      1.     The Senior Citizens Programme for Ward 39 was scheduled for 21 December
             2016, however, it was cancelled by the Ward Councillor as he had indicated
             that he was given short notice and most of the Senior Citizens were not
             around during the Christmas period.

      2.     The Programme did not take place because the Ward Councillor was not
             happy with the proposed dates. He indicated that most of the Senior Citizens
             in the Ward would not be around.

      3.    Funds that were not used for the Senior Citizen’s party in any ward
            will remain in the Council’s Budget.

      4.    The Senior Citizens budget was below the anticipated expenditure, hence,
            it was agreed that the shortfall would be covered during the adjustment
            budget. The shortfall covered was therefore up to what was spent.
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8.4    Questions Submitted by Councillor BD Naidoo: Status of the Umkomaas
       Tidal/Swimming Pool (31/2/1/3):

       Despite making enquiries regarding the use of the only UMkomaas Tidal/Swimming
       pool built by the Municipality prior to post 1994, which has since been closed.
       The closure has left community with many questions and currently stands
       as a white elephant.

       It is on this basis that I pose the following questions:-

      1.     On which date was this pool closed to the public and for what reasons?

      2.     Has this pool been sold or leased? If yes, provide reasons?

      3.     What is the current status of the pool?

      4.     Was the Community informed of the change (if any) of ownership
             or management of the pool. If not, why not?

      5.     In the absence of swimming and recreation beaches in Umkomaas, what
             alternative recreation facilities does the Municipality have for Umkomaas?

      6.     What plans does the Municipality have for the provision of such facilities
             for the social recreation of the greater Community of UMkomaas such as
             Magabheni, Malundi Township, Roseneath and other adjacent Township
             areas?

             The following respective responses were provided to the above-mentioned
             questions:-

      1.    The pool has been closed for over 1 year. The City’s Architectural Department
             has commissioned a feasibility study into the Precinct development of this area
             as well as landscaping to improve this facility site, in the 2018/19
             financial year.

      2.     The Pool has not been sold. It is still within the Council property. The only
             matter being debated is the current lease with the leaseholder.

      3.    The pool is closed for conditional assessment/upgrade. The sewerage is also
            leaking into the pool and needs a major upgrade. This is all part of the
            feasibility assessment currently underway.

      4.     There is no change of ownership to this facility. There is a tenant in the
             accompanying facility, but the pool belongs to the Municipality.

      5.     UMkomaas has a Library and some sportsfields that the community can use.

      6.     As indicated above, the Parks, Recreation and Culture Unit engages
             on a quarterly basis with Councillors and the needs of Communities
             are discussed within the Unit. Plans are being rolled out to establish Outdoor
             Gyms is each Ward.
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8.5    Questions Submitted by Councillor CJ Laing: Engagement with LGBTI+
       Community 19/1/1/4):

       In the Council sitting of October 2018 a motion pertaining to an engagement with
       the LGBTI+ Community was presented and agreed to by this Council. The motion
       requested that the Community Services Committee investigate and report back
       to Council on a formal engagement hosted by the Municipality with relevant
       Stakeholders of the LGBTI+ Community in the eThekwini focusing on challenges
       and needs of the LGBTI+ community of the City.

       In light of the above, I request that the following questions be answered:-

      1.     Has such an engagement been held?

      2.     If yes to the above, who was included in this engagement and when was
             it held?

      3.     What was the outcome of this engagement?

      4.     If the engagement has not yet been held, when will this be taking place?

       The following respective responses were provided to the above-mentioned
       questions:-

       1.    High and low profile engagement with LGBTI + Community had taken place.

       2.    The last one was in April 2019 during Articulate Africa which was part
             of the Libraries and Heritage Program. Various Church Ministries shared
             the stage with Activists from this Community and the theme was “Do you have
             to be a Guy to be loved by God”.

       3.    It was agreed to take this Program to various Wards in the City and this
             is expected to take place early next year. One of the issues identified in both
             high and low profile engagement is that the community does not speak
             in one voice. As a result, it has been decided to engage them as individuals.
             However, “behind the scenes” facilitation are being held to bring these
             different groupings together to enable them to speak in one voice and hopefully
             from that Forum, engagements would be held with the Municipality.

       4.    N/A

8.6    Questions Submitted by Councillor NP Msomi: Metro Police stations built in
       eThekwini (28/1/2/2):

       The eThekwini Municipality has paid for a number of billboards across the City
       celebrating 25 years of freedom. Two such billboards state “200+ Metro Police
       Stations built” and are located at the intersections of:
       •     Johannes Nkosi Street (Alice Street) and Cross Street [-29.853364, 31.014969]
       •     Malandela Rd and Hunslet Rd, KwaMashu [-29.732994, 31.004357]
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                                                                      Council Minutes - 2019-09-27)

 Further to these billboards, a pull-up banner was displayed at the Council Meeting
 of 31 July 2019 with the same statement.

 In light of the above, I request that the following questions be answered:-

1.         What is the exact number of Metro Police Stations (including satellite and
           other such stations) that currently exist in eThekwini Municipality?

2.         What is the location/address of each of the stations mentioned
           in Question 1?

3.         Of the stations mentioned in Question 1, how many began construction
           from scratch after 1 January 1994?

 Councillor R Hlophe provided the following respective responses to the above-
 mentioned questions:-

 1.        31

 2.        The location/address of each of the station is indicated hereunder:

                                                  TRAINING ACADEMY
                STATION/S                                         ADDRESSES
     1.Metro Police Training Academy,            2 Anderson Road
                                                 Lahee Park
                                                 Pinetown
                                                 3610

                                  Reception      031 322 4461
                                  Secretary      031 322 4458

     2.Specialised Training, and                 031 322 4454

     3.Professional Standards                    031 322 4484

     After 1994

                                                      INNER WEST
                STATION/S                                              ADDRESSES
     Regional Headquarters                       420 Main Road
     Inner West                                  Escombe
                                                 Queenburgh

                              Charge Office      031 3610000

                      Before 1994 as Traffic

     1.Queensburgh       - Metro     Police      New Germany Civic Centre
                         Station                 8 Rycroft Avenue
                                                 Escombe
                                                 Queensburgh

                              Charge Office      031 3116780

     2.Mort                                      031 3116730

     3.Inspectorate                              031 3222130

     After 1994 as Metro Police
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           STATION/S                                             ADDRESSES
Pinetown - Metro Police Station           1 Oppenheimer Road
                                          Pinetown

                      Charge Office       031 311 6816

          After 1994 as Metro Police

Westville - Metro Police Station          47 Norfolk Terrace,
                                          Westville

                      Charge Office       031 311 16698

          After 1994 as Metro Police

Clermont Satellite - Metro Police         1106 Zazi Road
                 Station                  Clermont

                      Charge Office       031 311 12558

        After 1994 as a Metro Police
                            satellite

Vehicle Pound                             Blundell Road
                                          Queenburgh

Storage facility                          (No phone number)

                                                   NORTH
            STATION/S                                            ADDRESSES
1. Regional Headquarters                  1 Linda Nzama Road
   Kwa-Mashu                              Kwa-Mashu
                                          4360

                      Charge Office       031 311 4767

2.Perishable Foods Storage                (No phone number)

After 1994

1. Verulam - Metro Police Station         2 Wick Street
                                          Verulam
                                          4340

                      Charge Office       031 5331027 x 245

2.Vehicle Pound                           032 3220810

After 1994 as Metro Police

                                                   SOUTH
           STATION/S                                              ADDRESSES
Regional Headquarters                     8 Bhaktivedanta Swami Circle
Chatsworth                                Croftdene
                                          Chatsworth
                                          4092

Charge Office                             031 322 2811

After 1994 as Metro Police
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1.Isipingo- Metro Police Station           92 Phila Ndwandwe Road
                                           Isipingo
                                           4110

                       Charge Office       031 322 3900

2.Isipingo (Pound)                         031 3255590

3.Dog Kennels                              (behind Isipingo Station)
                                           (No phone number)
After 1994 as Metro Police

Umlazi- Metro Police Station               Ephraim Madlala Maphumulo Road
                                           “D” Section
                                           Umlazi

                       Charge Office       031 322 6017

         After 1994 as a Metro Police
                             satellite

Umlazi     Satellite Metro     Police      Ekasi Mega City
                   Station                 50 Griffith Mxenge Highway
                                           Umlazi

                       Charge Office       031 311 5238

         After 1994 as a Metro Police
                             satellite

Clairwood Reporting - Metro Police         Corner of Flower and Houghton Roads
               Station                     Clairwood
                                           4004

Charge Office                              031 3115100

After 1994 as a Metro Police
             Satellite

                                                OUTER WEST
           STATION/S                                                   ADDRESSES
1.Regional Headquarters                    13 Old Main Road
  Outer West                               Gillitts
                                           Pinetown
                                           3610

                       Charge Office       031 3610000

2.Gillitts Metro Police Station
                        Charge Office      031 3221981

After 1994 as a Metro Police facility

Mpumalanga - Metro Police Station          G 8 Shezi Main Road
                                           Mpumalanga
                                           Hammarsdale
                                           3700

                       Charge Office       031 7720450

After 1994 as a Metro Police facility
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           STATION/S                                                 ADDRESSES
Cato Ridge - Metro Police Station           1 Old Georgedale Road
                                            Cato Ridge
                                            3680

                       Charge Office        031 7720450

        After 1994 as a Metro Police
                            satellite

                                                     CENTRAL
           STATION/S                                                 ADDRESSES
1.Metro Police Headquarters                 16 Archie Gumede Place
                                            Central
                                            Durban
                                            4001

                      Charge Office:-       031 311 12812

2.Communications                            031 322 20800

In existence prior to 1994

Beach - Metro Police Station                50 Boscombe Terrace Snell Parade
                                            Central
                                            4001

                       Charge Office        031 311 12825

Beach satellite-Metro police station        Durban Beachfront
                                            Marine parade
                                            (No phone number)

Point satellite-Metro police station        Beachfront
                                            Point road

                                            (No phone number)

Mini town (Tram) satellite-Metro            Durban Beachfront (north beach)
              Police Station                Snell parade

All new after 1994 as a Metro Police        (No phone number)
                 facility

Albert Park - Metro Police Station          65 Diakonia Avenue
                                            Central
                                            4001

                       Charge Office        031 322 24557

   Converted after 1994 from an old
                      Bowling Club

Warwick Satellite - Metro Police            Julius Nyere and Dr. Pixely Ka Seme Street
                Station                     Central
                                            4001

                       Charge Office        (No phone number)

 New after 1994 as a satellite facility
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                 STATION/S                                                ADDRESSES
      Florida Road Satellite- Metro Police     Peoples Park
                      Station                  189 Florida Road
                                               Central
                                               4001
      New after 1994 as a Metro Police
                     facility                  (No phone number)

                STATION/S                                                 ADDRESSES
      Davenport Satellite- Metro Police        89 Helen Joseph Road
                      Station                  Central
                                               4001

      New after 1994 as a Metro Police         (No phone number)
                     facility

      VFM Pound                                Newmarket Street and First Avenue
                                               Central
                                               4001

      Storage facility after 1994              (No phone number)

      Hawker Goods Storage                     Centenary Road
                                               Central
      New after 1994                           4001

                                               (No phone number)

      Dog kennels                              (In the electricity Sub Station Complex)
                                               Corner South Coast Road, and
                                               Kenyon Howden Road

      New as Dog kennels after 1994            (No phone number)

      Mounted Unit                             Market Stables off Goble Road
                                               Corner of Goble Road and NMR Avenue

                                               031 3031116
      Am informed was in existence prior
                      to 1994
      Traffic Updates                          (Sharing with Security)
                                               LRPS
                                               Jelf Taylor Crescent
                                               Central
      New after 1994, in shared facility       4001

                                               031 3112959

      3.    Indicated in 2. above.

8.7   Questions Submitted by Councillor M Nair: Increased interest in Cell Masts
      (21/7/11):

      In light of the increased interest in cell masts in eThekwini by residents
      and the concern relating to the effect it has on their health and property, I pose
      the following questions:-
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                                                             Council Minutes - 2019-09-27)

     1.     How many cell masts have gone up across eThekwini without having
            obtained the proper consent from January 2016 to date?

     2.     How many of the above total were for cell masts on School premises?

     2.1    List the names of the Schools?

     3.     Since January 2016 to date, how many illegal cell masts have been brought
            down? If none, what are the reasons?

     4.     Can owners of illegal cell masts apply to the City to have their cell masts
            regularized similarly to the process in which buildings without plans apply
            to be regularized?

     5.     Has any cell mast application for regulation been rejected from January
            2016 to date?

     6.     If yes to Question 5, what percentage of the total number of applications
            for regularization was turned down?

      The following respective responses were provided to the above-mentioned
      questions:-

1.    The Department has received numerous applications for cell masts from 2016
      to date. It is rather difficult to exactly identify within that the number which may
      have been illegal cell-masts erected from January 2016 to date. Land Use
      Management are aware of two cases reported formally and relevantly actioned.

      Procedurally: The erection of cell masts requires a Special Consent Development
      Application in terms of the eThekwini Municipal Planning and Management By-Law
      2016, and thereafter the approval of Building Plans in terms of the National Building
      Regulations. Much as illegal land uses and illegal buildings/building work is often
      identified through complaints and reports lodged by the public, the same would apply
      to the erection of illegal cell masts.

2.    No cases have been reported on School premises. The cases the Department were
      aware of were not on School premises.

3.    One Telkom Tower was removed in Assagay which was partially erected and a stop
      building work notice served.

4.    In terms of the Planning By-Law and the NBR’s, an application can be submitted
      to regularise illegal or unauthorised building or a land use. However, the application
      will be assessed in terms of all the applicable norms and standards and it is not
      a forgone conclusion that it will be regularised. It is important to note that
      the requirements are not relaxed as a result of mast existing all procedure is followed.

5.    The Land Use Management Department does not have a process for regularization
      of illegal work. This is simply because any application that is submitted is treated
      as if the land use or building is still a proposal and normally the applications do not
      stipulate or are required to stipulate whether it is to regularise an illegal situation.
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            Some applications have been referred/deferred for compliance regardless
            of construction status.

      6.    This cannot be determined at the moment as any application that is submitted
            is treated as if the land use or building is still a proposal and the applications do not
            stipulate or are required to stipulate whether it is to regularise an illegal situation.

8.8         Questions submitted by Councillor M Nair: Air Quality Monitoring (32/2/2):

            In order to reduce eThekwini’s climate risk and vulnerability and improve our City’s
            resilience, it is vital that we regularly monitor the ambient air quality and report
            statistics to residents within the eThekwini Municipal Area.

            In light of the above, I pose the following questions:-

           1.     Of the total number of air quality monitors, how many of these
                  are operational?

           2.     Which air quality monitors are not operational?

           3.     How often is each air quality monitoring device serviced?

           4.     When was the last time they were serviced?

           5.     Is eThekwini’s overall ambient air quality levels within the acceptable
                  range as set out in National Environmental Management Air Quality Act?

           6.     Since 2016, how many fines has the City issued to licensees that have
                  exceeded the minimum levels of emissions as set out in the National
                  Environmental Management Air Quality Act?

           7.     Which licenses were the largest contributors of ambient air pollution
                  in eThekwini?

           8.     Does the City have a proactive plan to make sure that eThekwini’s air
                  quality is in line with national and international norms and standards?

            The above-mentioned questions by Councillor M Nair were DEFERRED to the next
            meeting of the Council.

8.9         Questions Submitted by Councillor SM Windvogel: Challenges with Sewer
            Blockages Across the City (23/1/11/1/1/1):

            The eThekwini Municipality has been experiencing multifarious challenges
            with sewer blockages across the City. This has resulted in raw sewage flowing
            directly into rivers, streams and into the Harbour. This has proved detrimental
            to the environment and ecosystems. Untreated sewage in an aquatic environment,
            from a public health perspective, can cause a myriad of health problems. Recently
            in numerous incidents of sewer overflows have highlighted a failure
            in the environmental regulatory and compliance system in the Municipality.
            The tourism sector will also be severely prejudiced by the delays in effectively
            dealing with this crisis.
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 In light of all of the above, I request the following questions be answered:-

1.     How many jet machines, per district, are currently in working condition?
       List each district and allocation of jet machines.

2.     How many teams are available within eThekwini Municipality, to attend
       to clean up operations?

3.     What is the turnaround time in addressing blockages?

4.     How many pump stations are currently in operation?

5.     How does EWS Department plan on addressing the blockages/overflow
       issues?

6.     What are causes of the sudden increase in sewer overflow throughout
       the City? A detailed report is required.

7.     What interventions are being made by the Department to fast track the
       clean up?

8.     Are there any challenges with SCM procedures in this Department?

 The following respective responses were provided in respect of the above-mentioned
 questions:-

 1.    There are currently 15 jetting machines in the wastewater network evenly
       distributed in the four regions. Currently 7 are not in service for various
       mechanical reasons. This varies daily.

 2.    There are approximately 55 blockage crews currently but in general due to
       Plant breakdowns on average there are 33 blockage crews and 7 jetting crews
       operational on a daily basis.

 3.    The turnaround time in terms of our service level agreement is 24hrs.
       Unfortunately after the April storm followed by the 2 week strike our backlog
       is approximately 3000 blockages which mean that blockages are prioritized and
       the turnaround time varies between 6hrs and 36 hours.

 4.    There are 267 sewerage pump stations in operation.

 5.    The department is busy putting a framework contract in place and in the
       interim has prepared an emergency contract to utilize contractors for blockage
       clearance. In addition staff with additional overtime hours are being utilised.
 6.    There are various causes for the additional blockages that the Department
       is experiencing. One of the Key problem areas is the abuse of the sewer
       network infrastructure. 65% of the blockages are caused by rags blocking the
       sewer. There is also in some areas the age of the sewers that are collapsing
       and causing blockages and requiring repairs. The department in certain areas
       are embarking on an education program which should be rolled out over
       the next 12months.
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          7.   As mentioned in 5 and 6 above, additional contractors are to be employed,
               Additional staff overtime and education are some of the interventions being
               used to both eradicate the backlog and educate people about the abuse
               of the sewers.

          8.   There are some challenges with SCM most of this refers to repairs and
               not sewer blockages.

                                     _____________

          His Worship the Mayor, Councillor TM Kaunda, presented the First Report
          of the Executive Committee

                                       __________

               FIRST REPORT OF THE EXECUTIVE COMMITTEE
                       (Inaugural Meeting held 2019-09-10)

PRESENT   :    Executive Committee Members TM Kaunda (Mayor and Chairperson),
               FB Scott (Deputy Mayor), Y Govender, NL Graham, TM Mthethwa,
               MS Nkosi, T Sabelo, N Sibiya and NI Sithole.

ABSENT    :    Executive Committee Member SA Kaunda (Leave: Municipal Business).
                                  _____________

1.        APPOINTMENT OF CHAIRPERSONS FOR SECTION 80 COMMITTEES

          (Page 1)

                            COMMITTEE RECOMMENDS:

          That Council notes, in line with the requirements of Section 80(3)(a) of the Local
          Government: Municipal Structures Act No. 117 of 1998, the following Councillors
          of the Executive Committee, duly nominated and seconded, have been appointed
          Chairpersons of the undermentioned Support Committees, to take responsibility
          and lead activities of such Committees with the support of the respective Deputy City
          Managers, it being recorded that the issue of oversight function in respect of finance
          matters and the allocation thereof to a Support Committee is still under
          consideration:

          COMMITTEE                                 CHAIRPERSON
          Human Settlements and Infrastructure      Councillor T Sabelo
          Security and Emergency Services           Councillor BF Scott
          Governance and Human Resources            Councillor NI Sithole
          Economic Development and Planning         Councillor SA Kaunda
          Community Services                        Councillor N Sibiya
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                                                             Council Minutes - 2019-09-27)

      With 51 Councillors of the Democratic Alliance abstaining and 117 Councillors
      (ANC – 93, IFP – 10, EFF – 6, IND – 3, AIC – 1, ACDP – 1, DLC – 1, MOSA – 1
      and APC – 1) voting in favour, the above recommendation of the Executive
      Committee was NOTED.

2.    UPDATE ON 2019 UNITED CITIES AND LOCAL GOVERNMENT CONGRESS,
      11-15 NOVEMBER 2019, DURBAN (3/3)

      (Page 3)

      The Committee received progress report on preparations for the United Cities
      and Local Government Congress (UCLG) being hosted by eThekwini Municipality
      in partnership with the South African Local Government Association (Salga) from
      11 to 15 November 2019 at Inkosi Albert Luthuli International Convention Centre,
      Durban.

      Subsequently, the Committee deliberated on the establishment of the Political
      Organising Committee (POC) to drive overall preparations for the UCLG Congress.
      It was agreed that Councillors SA Kaunda and NI Sithole be nominated to serve
      in the aforesaid Committee together with His Worship the Mayor, Councillor
      TM Kaunda.

      It should be noted that the Democratic Alliance was not in support thereof since
      it preferred representation to be based on Political Party proportional representation.
      The Democratic Alliance therefore further suggested that permission be sought from
      Salga for the Municipality to add another Councillor to serve on the POC.

      Thereafter, reference was made to an outstanding Workshop which was due to be
      conducted on UCLG matters. It was then agreed that arrangements be made
      accordingly to fully brief the Executive Committee in this regard.

      Following deliberations, the Members of the Democratic Alliance dissented on this
      item and, with the majority of the Members being in support,

                        COMMITTEE RECOMMENDS:

2.1   That Council notes preparations are at an advanced stage for the 6th United Cities
      and Local Government Congress (UCLG) being hosted by eThekwini Municipality
      in partnership with the South African Local Government Association (Salga)
      from 11 to 15 November 2019 at Inkosi Albert Luthuli International Convention
      Centre, Durban.

2.2   That the City Manager be mandated to advise UCLG of the change in the leadership
      of eThekwini Municipality to enable the voting status of His Worship the Mayor,
      Councillor TM Kaunda during the Congress.

2.3   That the establishment of the Political Organising Committee, be approved, to drive
      overall preparations for the Congress, with its membership to comprise members
      of Salga Presidency; eThekwini Mayor and 02 (two) Executive Committee
      Members; UCLG Member of Executive Committee; and Key National Departments.

2.4   That, together with His Worship the Mayor, Councillor TM Kaunda, Councillors
      SA Kaunda and NI Sithole, in their respective capacities as Chairpersons
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          of Economic Development & Planning Committee and Governance & Human
          Resources Committee, be nominated to serve as the Municipality’s representative
          on the Political Organising Committee referred to in .3 above.

          Some Councillors were not in support of the above-mentioned recommendations
          of the Executive Committee in view of the reasons outlined in the pre-amble
          hereof. In that regard the matter was put to the vote. With 177 Councillors
          present, 119 Councillors (ANC – 99, IFP – 10, IND – 4, AIC – 1, ACDP – 1, MF
          – 1, DLC – 1, MOSA - 1 and APC – 1) voted in favour and no Councillors voted
          against. 58 Councillors (DA – 51 and EFF – 7) abstained from voting.

          The above recommendations of the Executive Committee were, by the
          majority vote, ADOPTED.
                                  __________

          His Worship the Mayor, Councillor TM Kaunda, presented the below
          mentioned report.
                               __________

              SECOND REPORT OF THE EXECUTIVE COMMITTEE
                         (Meeting held 2019-09-13)

PRESENT   :    Executive Committee Members TM Kaunda (Mayor and Chairperson),
               FB Scott (Deputy Mayor), Y Govender, NL Graham, TM Mthethwa,
               MS Nkosi, T Sabelo, N Sibiya and NI Sithole.

ABSENT    :    Executive Committee Member SA Kaunda (Leave: Municipal Business).

                                    _____________

1.        REPORT OF GOVERNANCE AND HUMAN RESOURCES COMMITTEE:
          MEETING HELD 2019-08-14
          (Page R1)
1.1       Naming of Streets in Ward 58 Covering Sibaya Node Development (25/4/15/1):
          (Page 14: Governance and Human Resources Committee - Agenda 2019-08-14)
          The Streets in Ward 58 covering the Sibaya Node Development are within the
          private estate and, as a result, the Municipality has no jurisdiction over the area.
          Therefore, the purpose of this report is for the Council to note that the process
          undertaken by the Developer is in accordance with the Council’s Street
          Naming Process.

                            COMMITTEE RECOMMENDS:

          That it be acknowledged that the requirements for the naming of the streets
          in Ward 58 has been concluded within the Council’s requirements and,
          notwithstanding that the streets concerned are within the private estate, as part
          of the process, the Developer’s street naming within the Sibaya Node Development,
          be approved.
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         Street Code     Proposed   Reviewed Name        Meaning
                         Name
         610931 Street   Heritage   HERITAGE DRIVE       Means features belonging to the culture
                                                         of a particular society, such as traditions,
                                                         languages or buildings that were created
                                                         in the past and still have historical
                                                         importance.

         610932 Street   Fauna      FAUNA ROAD           It is a term referring to all the animal life
                                                         in a particular region or period.

         610933 Street   Habitat    HABITAT ROAD         Refers to the type of environment
                                                         in which an organism or group normally
                                                         lives or occurs.

        ADOPTED.

1.2     Fraud Prevention Policy Review (15/5/P):
        (Page 57: Governance and Human Resources Committee - Agenda 2019-08-14)

                          COMMITTEE RECOMMENDS:

1.2.1   That the reviewed Fraud Prevention Policy, 2019, which outlines the eThekwini
        Municipality’s commitment to the reduction and eradication of incidences of fraud;
        corruption and any other misconduct, and with the policy in general regulating the
        prevention, detection, investigation and resolution of fraud, corruption and other
        incidents of misconduct and reporting thereof, including promotion of good
        governance and human rights throughout the eThekwini Municipal area, as contained
        in the report by the Head: City Integrity and Investigation dated 2019-06-21,
        be adopted.

1.2.2   That subject to adoption of .1 above, authority be granted to the Head: City Integrity
        and Investigation to implement within the eThekwini Municipality the Fraud
        Prevention Policy, as reviewed, as per the commitment to the promotion and
        maintenance of a high standard of professional ethics.

1.2.3   That it be noted that the review of the current Fraud and Prevention Policy
        previously adopted by the Municipal Council in the year 2007 is necessitated by the
        promulgation of new laws and bill, and outlines the eThekwini Municipality’s
        commitment to the reduction and eradication of incidences of fraud, corruption and
        any other misconduct.

        REFERENCE BACK

        In terms of Rule of Order Bylaw 20(1)(c), Councillor WJD Burne, seconded by
        Councillor S Singh, moved as a procedural motion that the above
        recommendations of the Executive Committee be referred to all Support
        Committees for consideration in the first instance and the extent to which the
        reviewed policy will be effective in the fight against corruption..

        NOT CARRIED

        As some Councillors were not in support of the motion to Refer Back,
        the matter was put to the vote. With 177 Councillors present 58 Councillors
        (DA – 51 and EFF – 7) voted in favour and 108 Councillors (ANC – 100, IND –
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                                                              Council Minutes - 2019-09-27)

        4, AIC – 1, MF – 1, DLC – 1 and APC – 1) voted against. 11 Councillors (IFP –
        10 and ACDP – 1) abstained from voting.

        The above-mentioned motion to Refer Back was, by the majority vote, NOT
        CARRIED.

        Discussion thereafter reverted to the substantive motion and as not all
        Councillors were in support thereof the matter was put to the vote. With 179
        Councillors present, 110 Councillors (ANC – 101, IND – 4, AIC – 1, MF – 1,
        DLC – 1, MOSA – 1 and APC – 1) voted in favour and no Councillors voted
        against. 69 Councillors (DA – 51, IFP – 10, EFF – 7 and ACDP – 1) abstained
        from voting.

        The above-recommendations of the Executive Committee were, by the majority
        vote, ADOPTED.

2.      REPORT OF COMMUNITY SERVICES COMMITTEE: MEETING HELD
        2019-08-15

        (Page R5)

2.1     Request for Project Authority: Implementation of Community Participation and
        Action Support Unit Programmes: 2019/2020 Financial Year (2/1/5/1) & (2/3/2/1/2):
        (Page 11: Community Services Committee – Agenda 2019-08-06)

        The Community Services Committee was in support of the Community Participation
        and Action Support Unit’s intention to implement programmes to encourage and
        enhance active public participation of the community in the Council decision making
        processes, in terms of Section 4(2) of the Municipal Systems Act, 2000 and the
        White Paper on Local Government (Section B, paragraph 33).

        At the Executive Committee meeting the DA and the IFP raised concern in that
        approval was being sought for an amount in excess R127 million, yet there was no
        breakdown of the amounts in respect of the programmes to be undertaken.

        Clarity was provided that the departmental report submitted to the Community
        Services Committee contained the required information and the budget for such
        projects had been approved by Council during the budget process. Further, prior
        to each programme being implemented, a report with detailed logistics would
        be submitted to Committee for consideration.

        With the departmental report having being presented to the Executive Committee
        at a later stage of the proceedings and with three (03) DA Executive Committee
        Members and one (01) IFP Executive Committee Member abstaining,

                          COMMITTEE RECOMMENDS:

2.1.1   That authority be granted to the Head: Community Participation and Action Support
        to coordinate and implement programmes enhancing public participation to enable
        the Municipality to involve citizens in the processes resulting in them to effectively
        influence municipal processes and take ownership of developments within
        the eThekwini Municipality.
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2.1.2   That subject to the approval of .1 above, authority be granted to the Head:
        Community Participation and Action Support to incur expenditure to the amount of
        R127 406 310.00 (One Hundred and Twenty Seven Million Four Hundred and Six
        Thousand Three Hundred and Ten Rand) towards the implementation of various
        programmes in an effort to enhance public participation in the Council decision
        making processes.

2.1.3   That, prior to the implementation of each programme, a report with detailed logistics
        be submitted to the Committee for approval.

2.1.4   That a close-out report be completed for each programme implemented
        and submitted to the Committee to undertake its oversight role.

2.1.5   That subject to the approval of .1 and .2 above, all expenditure and procurement
        of goods and services be undertaken strictly in accordance with the Supply Chain
        Management Policy and the Municipal Finance Management Act, 2003 as well
        as Circular No. 82 regarding Cost Containment Measures.

        Financial Implications:
        Policy, Admin and Grant-in-Aid Section Programmes:   R 7 253 900.00
        Regional Services Section Programmes:                R 22 029 780.00
        Sectoral Programmes Section:                         R 98 122 630.00
        Total Amount:                                        R127 406 310.00

        FC No.: 2020/06/04

        Some Councillors were not in support of the above-mentioned recommendations
        of the Executive Committee in the absence of a detailed breakdown of the
        budget. The matter was put to the vote. With 178 Councillors present, 107
        Councillors (ANC – 100, IND – 4, AIC – 1, DLC – 1 and MOSA – 1) voted in
        favour and 53 Councillors (DA – 51, MF – 1 and ACDP – 1) voted against. 18
        Councillors (IFP – 10, EFF – 7 and APC – 1) abstained from voting.

        The above recommendations of the Executive Committee were, by the
        majority vote, ADOPTED.

2.2     Request for Approval: Expansion of Soup Kitchen Programme with Eighteen (18)
        Additional Soup Kitchen Sites (19/1/1/1/2):
        (Page 18: Community Services Committee – Agenda 2019-08-06)

        The Community Services Committee noted that seventy four (74) soup kitchens sites
        were currently in operation in targeted areas within the eThekwini Municipality.
        That there is a dire need for the expansion of the project to other poverty stricken
        areas as part of the Poverty Alleviation Programme.

        The proposed sites were identified for an additional eighteen (18) new soup kitchens
        to be established during the 2019/2020 financial year.

        At the Executive Committee meeting some Executive Committee Members queried
        the amount that had been budgeted for the purchase of essential equipment,
        contending that some soup kitchens were already equipped with such tools.
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        It was requested and agreed that oversight inspections of these soup kitchens
        be undertaken and the name “Soup Kitchen” be changed to “Nutrition Programme”
        with it being stressed that recipients should receive the correct nutritional value
        in terms of the money spent.

        With Executive Committee Member Nkosi abstaining,

                                 COMMITTEE RECOMMENDS:

2.2.1   That authority be granted to the Head: Community Participation and Action Support
        to facilitate the establishment and operation of additional eighteen (18) soup kitchens
        during the 2019/2020 financial year, with the areas identified including
        the following:

            (i)      KwaDabeka Zone 1 Ward 20                    (ii)      Inchanga (Skhelekehleni) Ward 04
            (iii)    Chapas (Informal Settlement) Ward 35       (iv)       Phoenix (Phola Park) Ward 48
            (v)      Imfume Ward 105                            (vi)       Mobeni Heights Ward 69
           (vii)     Inanda (Ematendeni) Ward 108               (viii)     Tshelimnyama Ward 15
            (ix)     Umbilo Ward 33                              (x)       Kwandengezi Ward 12
            (xi)     Newton B Ward 107                          (xii)      KwaMashu Zone 3 Ward 40
           (xiii)    Umlazi Zone 14 Ward 84                     (xiv)      Umlazi Zone 15 Ward 81
           (xv)      Tongaat (Mbhayi) Ward 61                   (xvi)      Emaphephetheni Ward 02
           (xvii     Golokodo Warad 67                         (xviii)     Othweba Ward 01

2.2.2   That subject to the approval of .1 above, authority be granted to the Head:
        Community Participation and Action Support to incur capital expenditure
        in the amount of R1 300 000.00 (One Million Three Hundred Thousand Rand)
        in respect of infrastructure and essential equipment for the eighteen (18) additional
        soup kitchen sites.

        Financial Implications:
        Containers 6m x 16                              Fridges 1 x 18
        Containers 3m x 16                              Upright Cabinets 1 x 18
        Freezers 1 x 18                                 Steel Tables 5 x 18
        Gas Cages 1 x 18                                3 Plate Gas Stoves 2 x 18
        Plastic Chairs 50 x 18

        The Operating Budget of R87 595 870.00 is sufficient to cover existing 74 soup
        kitchens and the additional 18 soup kitchen sites.

        FC No: CPAS: 2019/06/CA41

        MOTION TO AMEND

        In terms of Rule of Order Bylaw 20(4), Councillor G Govender, seconded
        by Councillor N Munien, moved as a procedural motion that the above
        recommendations of the Executive Committee be amended by the addition
        of the following recommendation 2.2.3.
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               “2.2.3 That subject to the approval of .1 above, all affected Ward
               Councillors be consulted on the areas and venues indicated therein
               and prior to implementation, to seek the approval of the current venues
               and areas or to allow the Ward Councillor to change of the venue
               or area.”

        NOT CARRIED

        As some Councillors were not in support of the above-mentioned
        Motion to Amend, the matter was put to the vote. With 178 Councillors present,
        70 Councillors (DA – 51, IFP – 10, EFF – 7, ACDP – 1 and APC – 1) voted
        in favour and 107 Councillors (ANC- 100, IND – 4, AIC – 1, DLC – 1
        and MOSA - 1) voted against. 1 MF Councillor abstained from voting.

        The above-mentioned Motion to Amend was, by the majority vote,
        NOT CARRIED.

        Discussion reverted to the substantive motion and with item   (viii)    in
        recommendation 2.2.1 above being amended by the deletion of the word and
        figures “Ward 37” and by the substitution therefor of the word and figures
        “Ward 15”, the above recommendations of the Executive Committee were
        ADOPTED.

2.3     Request for Project Authority: Implementation of Community Performing Arts
        Programmes and Arts in Schools Programmes: 2019/2020, 2020/2021 and
        2021/2022 Financial Years (2/3/2/1/2):
        (Page 40: Community Services Committee – Agenda 2019-08-06)

        With the Committee being in agreement,

                         COMMITTEE RECOMMENDS:

2.3.1   That authority be granted to the Head: Parks, Recreation and Culture to implement
        Arts in Schools programmes and the Community Performing Arts programmes
        through the Arts and Living Culture Section during the 2019/2020, 2020/2021
        and 2021/2022 financial years, as part of the greater Mzansi Golden Economy and
        Youth Development Agenda.

2.3.2   That subject to the approval of .1 above, authority be granted to the Head: Parks,
        Recreation and Culture to incur expenditure not exceeding an amount
        of R6 650 000.00 (Six Million Six Hundred and Fifty Thousand Rand) during
        the 2019/2020, 2020/2021 and 2021/2022 financial years for the implementation
        of programmes which contribute positively towards the promotion of performing arts
        programmes in line with Project 6.7 in Plan Six of the Integrated Development Plan.

2.3.3   That subject to the approval of .1 and .2 above, all procurement of goods
        and services be undertaken strictly in accordance with the Supply Chain
        Management Policy and the Municipal Finance Management Act, 2003 as well
        as Circular No. 82 regarding Cost Containment Measures.

2.3.4   That a close-out report be prepared upon the completion of each programme
        and where required be submitted for the Service Delivery and Budget
        Implementation Plan report.
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