ETHEKWINI MUNICIPAL COUNCIL - eThekwini Municipality
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- 3264 -
No. 87 MINUTES
OF
ETHEKWINI MUNICIPAL COUNCIL
Meeting held on Wednesday, 2021-03-31T12:00, streamed from
Inkosi Albert Luthuli Conventional Centre, Durban.
PRESENT : Councillors WG Thusi (Speaker), TM Kaunda (Mayor), A Beetge, VNR Bhana,
S Bhanprakash, MPN Bhengu, MC Bhengu, M Billy, NC Biyela, T Biyela,
NJ Bollman, WJD Burne, H Cele, NT Cele, J Chetty, CO Clayton, TP Collins,
SV De Boer, GT De Lange, MAK Dladla, CB Dlamini, JA Dlamini, J Essop,
BA Fortein, JN Gasa, VE Gebashe, HD Goge, R Gokool, G Govender, S Govender,
NC Gumede, NP Gumede, MH Haniff, GJ Hegter, PL Hlengwa, NP Hlomuka,
RC Hlophe, NB Hoosman, NB Iyir, JA Johnson, M Johnson, SA Kaunda,
MH Khan, DM Khanyile, NN Khubone, JS Khuboni, PZ Khumalo, HL Khubisa,
NL Khuzwayo, S Khuzwayo, ZW Khuzwayo, SNC Khwela, CJ Laing,
M Lutchmen, P Luthuli, TJ Luthuli, TN Mabanga, ME Mabaso, NI Madlala,
A Maharajh, B Majola, TG Makhanya, ZP Makhanya, MW Manqele, WL Mapena,
TZ Mathe, M Mbambo, V Mbanjwa, AM Mbele, RL McKenzie, RD Macpherson,
FW Mdletshe, P Mfeka, K Mhlaba, DM Mhlanzi, GN Mhlongo, MB Mjadu,
HGB Mkhize, KV Mkhize, ME Mkhize, MM Mkhize, MP Mkhize, S Mkhize,
SM Mkhize, X Mkhize, PS Mncube, E Mngadi, SV Mngadi, MR Mngonyama,
NE Mnguni, BV Mngwengwe, S Moonsamy, B Mpanza, SB Mpanza, NP Msomi,
LG Mthembu, M Mthembu, MGF Mthembu, MM Mthembu, ON Mthembu,
TD Mthethwa, TM Mthethwa, TT Mthiyane, N Munien, AB Mvubu, RM Mzobe,
BD Naidoo, J Naidoo, M Nair, PL Ncayiyana, BP Ndlela, AB Ndlovu, PB Ndlovu,
MK Ndzimbomvu, ZS Ndzoyiya, AS Ngcobo, SB Ngcongo, S Ngema,
TT Ngubane, BE Nhlangulela, SJM Nhlapho, MS Nkosi, PC Ntshangase,
SC Ntshangase, BT Ntuli, PB Ntuli, PH Nxumalo, W Nyaba, NN Nyanisa,
TT Nzuza, BW Phewa, JP Phewa, TK Phohlo, D Pillay, DR Pillay, P Pillay,
GDA Pullan, BR Qhantsi, A Ramkissoon, A Rampersad, T Sabelo, S Sewshanker,
B Shabane, A Shaheed, MG Shange, SG Shange-Dlamini, MT Shelembe, ES Shezi,
MC Shezi, VH Shezi, DM Shozi, KS Sibisi, M Sibisi, N Sibiya, PN Sikhosana,
Sagar Singh, Samier Singh, PS Sishange, NI Sithole, EG Smith, AD Snyman,
ZR Sokhabase, ZA Solomon, M Tembe, S Thango, JC Van den Berg, PA Vedan,
C Xesibe, MC Xulu, TV Xulu, T Xuma, NY Young, BM Zulu, GB Zulu,
TM Zuma, TG Zungu, MH Zwane and there being 5 (five) vacancies.
ABSENT :Councillors M Brauteseth (Leave - Indisposed), S Brijmohan, SS Butelezi (Leave -
Personal Commitments), M David (Leave - Indisposed), R Cloete, SB Dladla,
SR Dlamini (Personal Commitments), Y Govender (Leave - Indisposed),
NL Graham (Leave - Personal Commitments), BR Gumede, TR Gumede,
ZD Gushu (Leave - Indisposed), MS Gwala (Leave - Personal Commitments),
QL Hlengwa (Leave - Personal Commitments), P Iyir (Leave - Indisposed),
ES Khanyile (Leave - Personal Commitments), C Langa (Leave - Personal
Commitments), MT Mabaso (Leave - Personal Commitments), SE Mhlongo
(Leave - Personal Commitments), SM Mkhwanazi (Leave - Personal
Commitments), BA Mkhize, AZ Mkhize (Leave - Indisposed), SB Mngadi,- 3265 - (eThekwini Municipality
Council Minutes - 2021-03-31)
SM Mnguni (Leave - Indisposed), S Mnguni, SR Moodley (Leave -
Indisposed), B Msomi (Leave - Indisposed), X Nala, MM Ngiba (Leave -
Indisposed), M Nojiyeza, DR Nowbuth (Leave - Indisposed), MS Nyawose, F Peer
(Leave - Indisposed), K Pillay (Leave - Personal Commitments), MD Qwabe
(Leave - Personal Commitments), AN Shabalala (Leave - Indisposed), A Shaheed
(Leave - Indisposed), H Shozi (Leave - Personal Commitments), EL Singh (Leave -
Indisposed), SM Windvogel (Leave - Personal Commitments).
OFFICIALS
PRESENT : Messrs/Mesdames S Cele (Acting City Manager), K Kumar (Deputy City Manager:
Finance), M Gumede (Deputy City Manager: Security & Emergency Services and
Community Services), M Mhlongo (Head: Legal Services), BM Mhlongo (Acting
Head: City Administration & Secretariat and Deputy Head: Office of the Speaker),
M Tshabalala (Head: Sizakala Customer Service), M Mayisela (Senior Manager:
Media Relations), T Ndlovu ( Senior Manager: Secretariat), M Lelosa ( Manager:
Council Committees) and SC Zondi (Principal Committee Officer).
(At the commencement of the meeting 167 Councillors were present, comprising ANC - 97, DA - 44,
IFP - 9, EFF - 5, INDEPENDENT - 4, AIC -3, ACDP - 1, MF -1, DLC - 1, TA- 0, MOSA – 0, APC - 1
and AL JAMA-AH -1).
_________________
Prior to the official opening of the meeting, Councillor TM Mthethwa of DA requested that the
item on the filling of the vacancy of Deputy Mayor be included as an urgent matter to the order
of procedure for this meeting. He submitted that as a result of the vacancy, the Finance, Security
& Emergency Services Committee which deals with municipal finance matters amongst others
has been operating without Chairperson.
In response, the Speaker mentioned that the matter was noted and will be included in due course.
It was then clarified that the order of procedure as reflected on the Rules of Order By-Law
stipulates that any matter or issue for consideration by Council had to be part of the Reports by
the: - (i) Executive Committee Reports;(ii) Speakers Reports etc.
Thereafter, the Acting City Manager was requested to read the notice convening the meeting.
1. NOTICE CONVENING THE MEETING
The Acting 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; Members of the Executive Committee; Honourable Councillors and
Traditional Leaders; the City Manager; Deputy City Managers and Unit Heads; Head:
Legal Services and Compliance; Media; Members of the Public viewing on social media
streaming 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.- 3266 - (eThekwini Municipality
Council Minutes - 2021-03-31)
4. OPPORTUNITY FOR PRAYER/MEDITATION
The Speaker requested Council to observe a moment’s silence was to meditate
and in remembrance of all those who have passed on, including the COVID-19 victims.
5. OFFICIAL ANNOUNCEMENTS
The Speaker began her announcements by stating that the nation was still mourning the
passing of His Majesty INkosi Goodwill Zwelithini KaBhekuzulu. She extended words of
gratitude to the Royal Household and the Government for providing Isilo SamaBandla
with a befitting send-off. The King will forever remain a symbol of peace and unity in
the Province of KwaZulu-Natal.
She then conveyed condolences to the families and friends of:
a. The former Mayor of eThekwini Mr Sipho Ngwenya
b. The KZN-Province born and seasoned Actor Menzi Ngubane
c. The Eastern-Cape born Actress Noxolo Maqashalala
d. The erstwhile President of Tanzania Mr John Magufuli
e. The Chief Whip, Councillor S Mkhize who has lost his daughter
Proceeding with her announcements, the Speaker indicated that the month of March 2021
saw a number of initiatives being launched by the City to solidify its vision to be a caring
and liveable City. Amongst these was the Women Economic Empowerment
engagements, the launch of the Autosobriety Training Programme to prevent drinking
and driving and the opening of the state of the art Amaoti Library. These initiatives will
go a long way in assisting businesses and residents to chart a way forward and ensure an
even brighter future for those assisted.
She wished the Christian community a blessed and safe Passover in celebration
of salvation brought about by the King Jesus Christ. While the President has relaxed the
Regulations relating to Church gatherings, Congregants are encouraged to continue
observing the COVID-19 safety protocols to avoid these gatherings turning into super-
spreaders. Also wishing Non-Christians a safe and restful Easter Weekend. Safety
protocols are still applicable in any gatherings to be held to celebrate this long weekend.
Best wishes were extended to all Councillors celebrating their birthdays this month of
March.
In conclusion, the Speaker referred Councillors to the Rule of Order 16(1) (a)-(e) and 4),
(5), (6), (7) and (9). As per these Rules, Councillors are requested to conduct themselves
in a respectful manner, to refrain from interrupting the proceedings and are encouraged to
conduct business with the highest decorum and integrity that the occasion and the
residents of the municipality deserve.
6. SPEAKER’S REPORT
In her report, the Speaker provided an update to Council in respect of various activities
that transpired in Council during the month of March 2021, which marks end of quarter 3
of 2020/2021 financial year.- 3267 - (eThekwini Municipality
Council Minutes - 2021-03-31)
She reported that in order to comply with Section 13 (g) of the current Rules of Order
By-Law, pertaining to the order of business for an ordinary meeting and special meeting,
Council has to allow the Speaker to report on Council activities and other matters
pertaining to the functioning of Council. To comply with the Back to Basics strategy as it
stipulates that Municipal Speaker’s should as part of Back to Basics report in respect of
Municipal Councils monthly, particularly on how Council has performed in terms of its
legislated mandate.
In line with Back to Basics, the following was reported by the Speaker: During the month
of March, the following had transpired.
Total Number of Total Number of evidence
meetings held submitted
Ward Committees Meetings 59 16
Community Engagements 18 04
She indicated that in January 2021, the Ward Committee quarterly assessment was
undertaken by the Department of Corporative Governance and Traditional Affairs
(COGTA), and the outcome thereof showed a decline in the number of committees that
were deemed functional. This was noted as a concern since the non-functionality of the
said committees impacts on the overall municipal council functionality. She mentioned
that at the last Speaker and Party Whips meeting, Whips were advised of all Wards that
have not complied in terms of holding meetings over this quarter, since these will impact
on the quarterly assessment outcome. In pursuit of also improving the functionality, a
Workshop with all Ward Councillors has been scheduled for Friday, 10 April 2021, and
details will be accordingly communicated closer to the time.
Council was then sadly advised of the sudden passing of Councillor Justice Bhekumuzi
Thabethe, who was called to rest on 29 March 2021. The sudden passing of Councillor
Thabethe, indicates that the Municipal Council currently has 05 vacancies, comprising 03
Ward Councillors (Wards 06; 98; 110) and 02 PR Councillors.
Concluding her report, the Speaker requested Council to welcome
Councillor Judith Ntombikayise Gasa, PR Councillor from the African National Congress
(ANC).
At this stage of the proceedings, commenting on the Speakers Report,
Councillor A Beetge of DA expressed a concern that inappropriate information was
monitored in the Back to Basics Report. He submitted that Council puts more
emphasis on monitoring the number of Ward Committee meetings convened rather
than on the actual outcomes. He mentioned that matters emanating from the Ward
Committee meetings and brought to the attention of Council were not attended to
and finalised timeously. He stated that as a result, this demoralises Councillors as
well as impacting on Councillors performance.
In response, the Speaker advised that the matters from the Ward Committee
Meetings were being referred to the relevant Departments and Units within the
Municipality for processing. However, she emphasised that Councillors should
submit reports from their respective Ward Committee meetings to enable the Office
of the Speaker to respond and to refer those matters appropriately.- 3268 - (eThekwini Municipality
Council Minutes - 2021-03-31)
7. APPLICATIONS FOR LEAVE OF ABSENCE
RESOLVED:
The following Councillors and Amakhosi were granted leave of absence as indicated: -
COUNCILLORS
Councillor M Brauteseth : 2021-03-30 to 2021-03-31 (Indisposed)
Councillor S Brijmohan : 2021-03-31
Councillor SS Butelezi : 2021-03-31 (Personal Commitments)
Councillor M David : 2021-03-30 to 2021-04-01 (Indisposed)
Councillor R Cloete : 2021-03-31
Councillor SB Dladla : 2021-03-31
Councillor SR Dlamini : 2021-03-30 to 2021-03-31 (Personal Commitments)
Councillor Y Govender : 2021-03-31 (Indisposed)
Councillor NL Graham : 2021-03-29 to 2021-03-31 (Personal Commitments)
Councillor BR Gumede : 2021-03-31
Councillor TR Gumede : 2021-03-31
Councillor ZD Gushu : 2021-03-30 to 2021-04-06 (Indisposed)
Councillor MS Gwala : 2021-03-31 (Personal Commitments)
Councillor QL Hlengwa : 2021-03-31 (Personal Commitments)
Councillor P Iyir : 2021-03-31 (Indisposed)
Councillor MH Khan : Left the meeting at 13h15
Councillor ES Khanyile : 2021-03-30 to 2021-03-31 (Personal Commitments)
Councillor DM Khanyile : Had requested to leave at 15h30
Councillor C Langa : 2021-03-30 to 2021-03-31 (Personal Commitments)
Councillor MT Mabaso : 2021-03-31 to 2021-04-01 (Personal Commitments)
Councillor SE Mhlongo : 2021-03-30 to 2021-03-31 (Personal Commitments)
Councillor SM Mkhwanazi : 2021-03-30 (Personal Commitments)
Councillor BA Mkhize : 2021-03-31
Councillor X Mkhize : Had requested to leave at 15h30
Councillor AZ Mkhize : 2021-03-31 to 2021-04-01 (Indisposed)
Councillor SB Mngadi : 2021-03-31
Councillor SM Mnguni : 2021-03-31 (Indisposed)
Councillor S Mnguni : 2021-03-31
Councillor SR Moodley : 2021-03-30 to 2021-03-31 (Indisposed)
Councillor S Moonsamy : Had requested to leave at 15h30
Councillor B Msomi : 2021-03-31 (Indisposed)
Councillor TT Mthiyane : Had requested to leave at 15h30
Councillor X Nala : 2021-03-31 to 2021-04-01
Councillor MM Ngiba : 2021-03-31 (Indisposed)
Councillor TT Ngubane : Had requested to leave at 15h50
Councillor M Nojiyeza : 2021-03-31
Councillor DR Nowbuth : 2021-03-30 to 2021-03-31 (Indisposed)
Councillor MS Nyawose : 2021-03-31
Councillor F Peer : 2021-03-31 (Indisposed)
Councillor K Pillay : 2021-03-30 to 2021-03-31 (Personal Commitments)
Councillor MD Qwabe : 2021-03-30 to 2021-04-05 (Personal Commitments)
Councillor AN Shabalala : 2021-03-31 (Indisposed)
Councillor A Shaheed : 2021-03-31 (Indisposed)
Councillor H Shozi : 2021-03-30 to 2021-03-31 (Personal Commitments)
Councillor EL Singh : 2021-03-31 to 2021-04-01 (Indisposed)
Councillor SM Windvogel : 2021-03-30 to 2021-03-31 (Personal Commitments)
Councillor T Xuma : Had requested to leave at 15h30- 3269 - (eThekwini Municipality
Council Minutes - 2021-03-31)
8. CONFIRMATION OF MINUTES: Meetings held on 2021-02-25 and In-Committee
Meeting held on 2021-02-25.
RESOLVED:
That the minutes of the meetings of the eThekwini Municipal Council held
on 2021-02-25 and the minutes of the In-Committee meeting held on 2021-02-25,
as circulated and taken as read, be and they are hereby confirmed.
Following confirmation of minutes, Councillor TT Mthiyane of EFF made reference
to the response received from the Office of Speaker. He mentioned that questions
were submitted in terms of Section 27 of the Rules of Order and the response
received from the Office of the Speaker referred to his submission as not clear and
irrelevant. He requested clarity in this regard.
The Speaker advised Councillor Mthiyane to communicate directly with her Office
in order to obtain further explanation on the matter.
Subsequently, the Speaker requested respective Councillors to provide responses to
the following the questions.
9. 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:
9.1 Questions submitted by Councillor EL Singh: Ongoing Problems due to Installation of
Fibre (25/4/10/1/1):
Currently Phoenix is experiencing ongoing/endless problems, due to the installation of
fibre and I am sur this is widespread across eThekwini. This places financial and human
resources drain on the City, hence against this backdrop, I pose the following questions:
1. Does Municipality inspect work in progress?
2. Are Contractors held accountable for shoddy workmanship?
3. What punitive action is taken against them when they leave streets, pavements,
banks and verges in a mess and do not restore it to the condition it was found?
4. When they dig through pavements, what arrangement is there for restitution,
does the onus shift to the Municipality?
5. Have we made use of the Wayleaves mandatory?
6. How does a community or Councillors go about initiating a complaint against
Contractors who cause damage to infrastructure and prejudice to
communities when they cause water and electricity outages?
7. Are there any Bylaws that are in place, whereby Municipality’s infrastructure
is protected, that residents are not inconvenienced by damages, by fibre
companies?
(a) If there are Bylaws, why is it not being utilized to protect our infrastructure,
ensuing Municipal services are not interrupted?- 3270 - (eThekwini Municipality
Council Minutes - 2021-03-31)
(b) If no, why there no Bylaws in place, to the protection of Municipality
infrastructure, at the inception of this project?
Councillor T Sabelo provided the following respective responses:
1. The Municipality’s involvement with regards to fibre work are to only ensure
trench excavations, location, depth and traffic accommodation (both vehicular and
pedestrian) are to Municipal Specifications and the general upkeep of the site.
2. Yes, should the above requirements not be met.
3. Written site instructions are issued to the service provider to restore the site to its
original state. Should the service provider no comply with this directive, the
Municipality reserves the right to cease all operations until complied with.
4. Excavations on pavements and sidewalks needs to be authorised by the
Municipality. The service provider are responsible for all reinstatements.
Reinstatements are to be done according to Municipal specifications.
5. No work shall commence without way leave applications being granted by the
Municipality Departments and other authorities.
6. All complaints should be reported via the call centre and a reference number
obtained.
7. Yes. By-laws are stipulated both verbally and in writing.
(a) The service providers are issued with way leaves. This incorporates the
location of existing services on plan. In addition, a document summarising the
standard operating procedure when undertaking work on the Municipal road
reserve are issued. The on-site challenge are the shallow depths of various
services. This is a major contributing factor to the interruption of services.
Notwithstanding this factor, the Municipality reserves the right to cease all
operations until all requirements are met.
(b) Irrelevant.
9.2 Questions submitted by Councillor DR Nowbuth: Establishment of a Soccer Academy at
the Stables Market (33/2):
Traders from the popular Stables Lifestyle Market in Stamford Hill, Durban were evicted
in March 2020 to allow for the establishment of a multimillion-rand Soccer Academy,
which was announced in 2012. The building of the Academy has not yet commenced.
In the light of the above I pose the following questions:
1. Why has the project not yet commenced?
2. Are commencement and completion dates specified in the Agreement with the
Developer/s?
3. If so what are these? If not, why not?- 3271 - (eThekwini Municipality
Council Minutes - 2021-03-31)
4. For how long (years) is the term of the lease?
5. Have the displaced traders made any representations for alternate sites?
6. If so kindly provide details to (5) above.
Councillor JA Johnson provided the following respective responses:
1. The late Project commencement is firstly attributed to the delay in concluding the
lease agreement with the Developer (i.e. Hoy Park Management), due to a court
case brought by traders who needed to vacate the site against the city’s decision to
lease the site to Hoy Park Management. Secondly, building plans for the soccer
academy have not been approved due to the fact that Environment Department
wanted more studies done to ascertain the potential negative impact of the
disturbance to the fauna and flora in the vicinity. Thirdly and finally, the Steering
Committee set up in terms of the Memorandum of Agreement (MoA) between the
City, KZN Department of Sports and Recreation (DoSR) and Hoy Park
Management rejected the report submitted by the Developer regarding the work
which the latter claimed has been completed in line with the agreement signed. The
Developer submitted costs and list of work done that fall outside the conditions of
the MoA, which will amount to fruitless and wasteful expenditure if the submitted
report is accepted and invoices are approved for payment.
Further details were presented as per below.
It was reported that in 2014, eThekwini Municipal Council approved partnering
with Developer and KZN Dept of Sport and Recreation for development of a soccer
academy, subject to conclusion of lease agreement via BAC
In the year 2015 : MoA was signed between Province, City and Developer for
development of a soccer academy, subject to the following conditions:
Government funding totaling R52.5 million splitted as follows:
o City contribution – R22.5 million over 2014/17 financial years
o KZN DoSR contribution – R30 million over 2014/17 financial years
Commencement of the MoA shall be subject to the signing of a lease agreement
between the City and Developer
KZN and City funding shall only be towards the construction of buildings (i.e.
High-Performance Centre), and not for any other facility within the soccer
academy
Payment of invoices shall be linked to project milestones to be defined and
signed off by the Project Steering Committee
During 2015 to 2018, Court case between City and Traders refusing to vacate the
site earmarked for soccer academy, thus preventing the City from concluding lease
agreement with Developer In the year 2018, Lease agreement signed between City
and Developer. In the year 2019, Building plans for the Soccer Academy submitted
to the Municipality for approval. In the year 2020, the Project Steering Committee
established by the 3 Parties (Province, City and Developer) to implement the
obligations as per the MoA signed. The Steering Committee has already met 8
times over a period of 3 months to complete sign-off for work which Developers
claims has been done to date.
2. Yes, the MoA stated that the government funding for construction of the high
performance centre would be over the 2015, 2016 and 2017 financial years.
However as explained above, the project could not proceed as the commencement- 3272 - (eThekwini Municipality
Council Minutes - 2021-03-31)
was subject to the conclusion of the lease agreement. The latter was only concluded
in 2018.
3. Details provided under Question 2 above.
4. The duration of the lease agreement is 30 years
5. Some of the traders have requested that they remain on site and the city has advised
the traders that the land in question is now leased to the Developer, thus such a
request should be discussed directly with the Lessee.
6. Alternative sites were proposed to the traders (e.g. the Essenwood Road site),
however the traders were not comfortable with the proposal and hence it was not
taken up.
9.3 Questions submitted by Councillor: G Hegter: Closing of beaches due to shortage of
Lifeguards (31/3/1/1):
It is of great concern that many of the eThekwini beaches have been closed in recent
weeks due to a shortage of lifeguards. These include some of our Blue flag beaches. Our
city is marketed as a leading tourist destination, yet our beaches are being closed due to
these staffing issues.
In light of the above I request that the following questions be answered:
1. How many beaches have been closed in the past two months due to the
shortage of lifeguards?
2. How many lifeguards are meant to be employed to cover all beaches in
eThekwini?
3. What is current shortfall?
4. What steps are currently being taken to address the shortfall?
5. What timeline has been set to fill these vacancies?
6. What interim measures are currently being implemented to address this staff
shortage while this is being finalized?
7. How many lifeguards employed by the city have failed their swim test and
competency evaluations?
(a) What is the procedure when a lifeguard fails this evaluation?
Councillor TT Nzuza provided the following respective responses:
1. It should be noted that all beaches have been closed for bathing, due to the
Covid-19 pandemic regulations alert levels, some beaches were close don ad-hoc
basis in the morning from 06h00 to 09h00 when they are meetings/ trainings or
demonstration up until recently, as at February 2021. Thus, there have not been any
shortage of Lifeguards experienced or affecting the public over the past year.- 3273 - (eThekwini Municipality
Council Minutes - 2021-03-31)
2. The Department has some two hundred and eighteen (218) permanent Lifeguards
and (19) permanent Senior Lifeguards in the employ to monitor and patrol thirty
eight (38) odd beaches some of which, are only patrol beaches.
3. There are currently some 10 (ten) Lifeguards positions that are vacant, with a
further tw0 (02) Co-ordinator’s vacancies with only two funded. The City currently
has a moratorium on the filling of certain positions across the board, which the Unit
is addressing in the interest of service delivery on the ground. There were some
eight (08) Lifeguards ready for appointment, which the Department is hoping to
have released to commence work in the near future.
4. The Parks, Leisure & Cemeteries Department has obtained authority to engage
Seasonal Lifeguards for the next three (03) months, till the end of the financial year
to tide the Department over until the positions can be filled on a permanent basis.
5. The City is waiting for the moratorium to be lifted and then the normal recruitment
process will be engaged. It is hoped by the end of the financial year; these posts
would have been advertised and be in the process of being filled.
6. The department conducted interviews and swim test on Friday, 2021-03-19 for an
additional fifteen (15) Lifeguards to supplement Lifeguard of District one (01)
(North) District five (05) (South) and District seven (07) and District ten (10)
(Central) beaches.
7. Four (04) Lifeguards that have failed the swim test, one followed the incapacity
route, others the department looked for alternative employment and some were
placed in aquatic environment. There are number of reasons for failures, age,
unhealthy lifestyle, not training frequently, injuries and inactive. Lifeguards are
granted an hour a day for training. It is also in their performance contract to
complete eight (08) training sessions per month.
In terms of competency if the question refers to the Lifeguard Award Retest, the
answer is none. The standards for the retest is set by SA Lifesaving and Lifeguards
throughout the Country must comply.
(a) The following was provided as a procedure when a Lifeguard fails this
evaluation: -
• Quarterly test is performed within the designated week (a calendar is sent
out).
• Results do not meet the requirements.
• Feedback and notice of the retest is given.
• Retest to be performed with three (03) weeks. The training team assist
with training the Lifeguard as well as design a training programme.
• Retest is failed.
• Feedback and notice of the retest is given. Retest to be performed with
three (03) weeks.
• Retest is failed.
• Employee is physically unfit to fulfil their duty and is referred to
Occupational Health and Incapacity Enquiry to be held.
9.4 Questions submitted by Councillor S Sewshanker: Attacks on foreign owned businesses
in the CBD (19/2/1):
The eThekwini CBD has been under attack in recent months by MKVETS reigning terror
on foreign owned businesses. Shops in the CBD have been petrol bombed and set alight,- 3274 - (eThekwini Municipality
Council Minutes - 2021-03-31)
business owners have been attacked and their shops looted. Staff have been terrorized and
shoppers have been threatened. One group of individuals cannot be allowed to engage in
random acts of criminality in eThekwini, without there being any consequences for their
actions. This ANC run municipality must reign their Military Veterans in and hold them
accountable for their actions. Against this background I pose the following questions:
1. Do we have the information from SAPS on the arrests with regards to the
incidents that have already occurred? If not why not?
2. Why is there no visible policing and monitoring to deter the MKVETS from
gathering in those areas like Albert Park where these incidents are originating
from?
3. How many Metro Police vehicles are on duty per shift in the CBD?
4. What plan of action does the Metro Police Unit have in place to prevent these
violent acts from occurring in the CBD?
5. What information has the city gathered from their Special Intelligence Unit in
regard to these acts of violence that are being reported in the news as acts of
Xenophobia?
6. What efforts are being made by city officials to address the grievances of the
MKVETS?
7. As per the Adjustment Budget money was given to the MKVETS, why then
has the City allowed this situation?
Councillor MT Shelembe provided the following respective responses:
1. There has been three (03) arrests that have been effected at the workshop. However,
according to SAPS no further arrests have been effected due to lack of information.
2. Ever since these attacks on foreign nationals started, we have been deploying
members on a daily basis. Secondly, there is no law that prohibits people from
gathering.
3. Four (04) to Six (06) vehicles.
4. The City has a joint operation with SAPS to address the criminality in the CBD.
5. Crime Intelligence is the competency of SAPS.
6. The Office of the Mayor has a ‘sub-unit that deals specifically with matters of
military veterans. Some of the assistance relating to military veterans include, but
not limited to, assisting vets to access employment opportunities. Health Unit has
provided therapy to veterans, this happens as and when necessary. There have
been instances where houses have been given to military vets. There are many- 3275 - (eThekwini Municipality
Council Minutes - 2021-03-31)
programs where military vets are considered in line with Military Veterans Act 18
of 2011.
7. The most recent occurrences where stores of foreign nationals were attacked, it
should be stated that there is a general agreement that such was criminal activity
and should be treated as such.
9.5 Questions submitted by Councillor E Smith: Water pipe bursts occurring in the Metro
(23/1/11/1/1/1):
With the increased number of water bursts occurring in the Metro, I pose the following
questions:
1. Has the Water Department scheduled a maintenance plan over the next
24 months where it staggers replacement of complete main lines or the older
suburbs across the Metro in order to curb the amount of failing water
infrastructure?
1.1 If yes, what is the detailed plan of action over the next 12 months?
1.2 What is the anticipated cost to replace the water infrastructure in the older
suburbs?
2. Is the Department fully capacitated in terms of the amount of qualified
plumbers it has, amount of water trucks available, amount of TLB’s etc.?
2.1 If yes, please indicate the number of operational vehicles per depo below
that are available in the eThekwini Municipality:
2.1.1 TLB’s?
2.1.2 Water tankers?
2.1.3 Dump trucks?
2.1.4 Grab trucks?
3. From the above mention list, how many of the above vehicles are in for
repairs?
4. What is the standard waiting period to get vehicles repaired?
5. How many contractors do the department have at the current moment?
6. Does the Department have adequate stock on hand for the following items?
Also list the number of stock on hand as well:
6.1 Water pipes?
6.2 Pipe collars
6.3 Adapters
6.4 Pipe valves
6.5 Water meters- 3276 - (eThekwini Municipality
Council Minutes - 2021-03-31)
7. Is the Municipality aware that there are numerous main line valves across
the Metro that are not working?
7.1 If yes, what is the plan to rectify this as well as the timeframe for this to be
rectified?
7.2 If not, why have not the Department investigated these concerns?
Councillor SB Ngcongo provided the following respective responses:
1. Yes, there is an infrastructure maintenance plan.
1.1 Valves (air valves, isolating valves, fire hydrants) however this is seriously
hampered due to lack of resources therefore spread out in a 7 year period not 2
years. For control valves (pressure reducing valves, pump control valves,
reservoir inlet control valves and level control valves) the unit has a 12 month
maintenance plan.
1.2 There are also pipeline replacement programmes that the unit has always
implemented, and these are mains relays and pipe replacement programme. These
are budgeted for as follows:
2021/2022 2022/2023 2023/2024
Relays and extensions R26m R38m R40m
Pipe replacement R45m R8.5m R38.5m
2. The unit is fully capacitated in terms of plumbers. TLBs and water tankers are
available but do not cope with demand. New water tankers have been purchased
recently (15 have been put on the road in the past 2 months). 40 more water
tankers are in the process of being procured.
2.1.1 80 TLB’s
2.1.2 100 Water tankers
2.1.3 18 Dump Trucks
2.1.4 22 Grab Trucks
3. Twenty (20) TLB’s
Thirty five (35) Water Tankers
Fifteen (15) Dump Trucks
Seventeen (17) Grab Trucks
4. Minimum one to six months depending on the problem.
5. The number of contractors (plumbers) is 1451 across categories as follows:
Category A: two hundred and thirty seven (237)- 3277 - (eThekwini Municipality
Council Minutes - 2021-03-31)
Category B: five hundred and twenty six (526)
Category C: six hundred and eighty eight (688)
6. As per below description: -
6.1 Water Pipes
• Steel pipes – steel pipes are not a stock item and are purchased as and
when required.
• MPVC pipes – sufficient stock on hand.
• HDPE pipes – sufficient stock on hand.
• HDPE rolls – stock low, as import item.
6.2 Pipe collars/fittings
• Seventy three (73) stock items – varying stock levels. Section 36 in place.
Awaiting deliveries.
6.3 Adapters
• As for 6.2.
6.4 Pipe valves
• Sufficient stock of RSV valves.
• Control valves – preparing Section 36 for larger ones and following quotation
route for smaller ones in the meanwhile.
6.5 Water Meters
We currently don’t have water meters in stock. However, the order thereof has
been placed subsequent to the recent approval of the mid-term budget for this line
item.
7. Yes.
7.1 The city is aware various valves are not operational as there was a shortage of
valves for a two (02) year period from stores hence the backlog in replacing these
valves. They are now being replaced when maintenance is scheduled for a
particular street.
7.2 Irrelevant.
9.6 Questions submitted by Councillor Y Govender: Challenges demoralising emergency
services (29/1R):
Unofficial reports have been presented of critical challenges that have demoralized and
debilitated emergency services in eThekwini Municipality. There are reports of
outstanding PPE, unroadworthy alternatively unlicensed fleet and failure to fill critical
vacancies.
It is on this background that I pose the following questions:- 3278 - (eThekwini Municipality
Council Minutes - 2021-03-31)
1. How many vehicles that are utilized by emergency services and firefighters
are currently in the workshop?
2. How many vehicles remain unlicensed?
3. What has been the delay in procuring PPE for firefighters and when will
this be resolved?
4. What has been the delay in procuring uniforms for staff and how will this
this be resolved?
5. What have been the reasons for the failure to open the Fire station in
Verulam?
6. How much is this delay costing the city financially?
7. Why does the city not have a man diesel account?
8. Has this caused any prejudice to the Department and services?
8.1 Have the following defects been, per station, resolved? If not, why not?
8.1.1 Tongaat Fire station:
Defective plumbing, Defective air-conditioner, Defective Rear gate, General
station maintenance and Nil supply of Oxygen cylinders for emergencies.
8.1.2 Verulam
Moratorium on staff recruitment
8.1.3 Umhlanga
Fire PPE, Uniforms and General station maintenance
8.1.4 Ntuzuma
Unroadworthy Rescue pumper resulting in a panel van used as a fire
engine.
8.1.5 Phoenix
Fire PPE, Uniforms, station maintenance and firefighting maintenance
8.1.6 Durban North
PPE, Uniforms and station maintenance
9. How much has been spent on overtime, ie. the cost to the Municipality for
the period 2019/2020?
10. What cost containment measures will be implemented, if any?
11. Why is there no SLA for inter-municipal services rendered?
12. Why is eThekwini Municipality not reimbursed by neighbouring
municipalities for services rendered and disbursements per call out?
Councillor S Tango provided the following respective responses:- 3279 - (eThekwini Municipality
Council Minutes - 2021-03-31)
1. The City currently have twenty (20) vehicles defective and being scheduled for
repairs at various City Fleet workshops since 2021-02-03.
2. The City has ten (10) unlicensed vehicles, previous finance payments processed
and submitted to Accounts Payable were rejected (current Senior Admin Officer
signature not appearing on ASDB at the time).
3. Internal planning process, DTI and RET requirements challenges on
specifications as firefighting PPE is not locally manufactured. S36 procurement
process to address immediate need started, together with preparations for open
tender to address PPE and uniforms requirements.
4. As per response in question 3.
5. Inability to provide uniform and PPE, resulting in inability to confirm
appointments to recruited firefighters.
6. The fires station has been commissioned into service, used by Fire Safety branch
on administrative capacity to date. From 2021-02-09, some specialist operational
fire appliances have been deployed to station. No additional cost to the
municipality as the station is in use by existing staff.
7. The original equipment manufacturer contract with MAN expired in January
2021, it has been advised that City Fleet has the MAN service contract which we
will utilize whilst we prepare procurement of the new contract. Prejudice suffered
by the department in respect of service and repairs to MAN vehicles currently in
service with FESU.
8.1.1 The following responses were provided: -
8.1.2. Tongaat:
There is a defect submitted on 2021-01-18 for air conditioner out of commission
in rooms 2&3. No further defects on record for the last 3 months. Feedback is
awaited from SCM for a new centralized oxygen contract, previous contract
expired on 2020-07-02.
8.1.3. Verulam: the recruitment was held in abeyance, as soon as PPE and uniform is
available this will proceed.
8.1.4. Umhlanga:
PPE and uniform status same for all stations. General station maintenance:
various defects reported between November 2020 and January 2021, which will
be attended to.
8.1.5. Ntuzuma:
The vehicle was sent to City Fleet Ottawa workshop for repairs.
8.1.6 Phoenix:
PPE and uniforms status same for all stations. No defect reports for maintenance
for the last 3 months. Three (03) items of equipment are subject to procurement of
the Original Equipment Manufacturer contract.
8.1.7. Durban North:- 3280 - (eThekwini Municipality
Council Minutes - 2021-03-31)
PPE and uniforms status same for all stations. The three (03) defects from
October 2020 to January 2021 are on record and will be attended to.
9. The Unit spent R28, 4 Million from the allocated R30, 5 Million overtime for
2019/2020 financial year.
10. The Unit has internal systems to manage costs and follow council policies.
11. Operational response assistance to neighbouring municipal areas is done as and
when requested and on a moral obligation to save lives where possible.
12. There is currently no arrangement for reimbursement for emergency response
assistance as and when requested.
10. REPORTS:
Prior to His Worship the Mayor tabling the Reports, it was noted that none
of the Members have declared interest on items appearing in the Agenda.
_______________
(His Worship the Mayor, Councillor TM Kaunda presented the First Report of the
Executive Committee)
__________
FIRST REPORT OF THE EXECUTIVE COMMITTEE
(Meeting held 2021-02-17)
PRESENT : Executive Committee Members TM Kaunda (Mayor and Chairperson), BF Scott,
NL Graham, SA Kaunda, TM Mthethwa, MS Nkosi, N Sibiya and NI Sithole
ABSENT : Executive Committee Members Y Govender (Leave - Indisposed) and
T Sabelo (Leave – Personal Commitments)
_____________
1. REPORT OF HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE:
MEETING HELD 2021-02-02
(Page R1)
1.1 Proposed Lease on Remainder of Erf 773 Wentworth Plan No SJ4744/9 Extent 805m2
(17/2/1/5):
(Page 186 : Human Settlements and Infrastructure Committee - Agenda 2021-02-02)
COMMITTEE RECOMMENDS:
1.1.1 That Council declares in terms of Regulation 34(1)(b) of the Asset Transfer Regulations
read together with Section 14(2)(a) and (b) of the Municipal Finance Management Act,
2003 that:- 3281 - (eThekwini Municipality
Council Minutes - 2021-03-31)
1.1.1.1 The proposed lease on Remainder of Erf 773 Wentworth in extent approximately 805m2
as depicted on plan SJ 4744/9 is not required to provide the minimum level
of basic municipal services for a period nine (9) and eleven (11) months with no right of
renewal.
1.1.1.2 The current market rental value of the property is currently assessed at a value
of R38 550.00 (Thirty Eight Thousand Five Hundred and Fifty Rand), per month,
excluding VAT, and thereafter the rental payable throughout the duration of this lease, be
based on 7% of turnover per annum or the basic monthly amount, whichever is greater,
with the basic monthly amount for the second and successive lease years be one twelfth
of the annual rent payable for the preceding lease years.
1.1.1.3 The property will be used for a Restaurant and Take Away facilities.
1.1.2 That in the event of the lease not being concluded within 12 months from the date of
determination of the rent, authority be granted for the Head: Real Estate to review the
rental in line with the current market rentals and in the event where there has been a
change in the market rentals.
1.1.3 That all costs incidental to the transaction shall be at the cost of the lessee.
1.1.4 That all developmental plans must be submitted to the local Authority for approval prior
to any construction.
1.1.5 That authority be granted to the Head: Real Estate to sign all documents necessary to give
effect to this transaction in terms of the Supply Chain Management Policy of the City and
any other applicable legislation and that it shall be further subject to such further
conditions as the Head: Real Estate considers necessary to protect Council Interest.
ADOPTED.
1.2 Disposal of Proposed Portion C of KwaMashu P: Extent 2.3153 Hectares:
(Page 204 : Human Settlements and Infrastructure Committee - Agenda 2021-02-02)
COMMITTEE RECOMMENDS:
1.2.1 That Council declares in terms of Regulation 20 of the Municipal Asset Transfer
Regulations, 2008, Section 14(6) of the Municipal Finance Management Act, 2003 that:
1.2.1.1 The decision taken by Council on 2011-07-27 to sell Erf 668 KwaMashu P to Ithala
Development Corporation be and is hereby rescinded and approval be granted to sell
Proposed Portion C of KwaMashu P in extent 2.315HA to Ithala Development
Corporation.
1.2.1.2 The Proposed Portion C of KwaMashu P in extent of 2.315HA is not required
to provide the minimum level of basic Municipal services.
1.2.1.3 That the current market value of the property is currently assessed at a value
of R7 700 000.00 (Seven Million Seven Hundred Thousand Rand) exclusive of VAT as
contained in the Annexure “B” of the report by the Head : Real Estate dated 2020-10-05.
1.2.2 That no encroachment over Municipal sewer servitude be permitted and, prior to any
development, Sewer Impact Analysis to be done for building plan submitted
for approval.
1.2.3 That all costs incidental to the transaction shall be done at the cost of the purchaser.- 3282 - (eThekwini Municipality
Council Minutes - 2021-03-31)
1.2.4 That authority be granted for the Head: Real Estate to sign all the documents necessary to
give effect to this transaction in terms of the Supply Chain Management of the City and
any other applicable legislation and that it shall be further subject to such further
conditions as the Head: Real Estate considers necessary to protect Council interest.
REFERENCE BACK
In terms of Rule of Order Bylaw 20(1)(c), Councillor T Sabelo, moved as a
procedural motion that the above recommendations of the Executive Committee be
referred back to the Executive Committee to enable its members to obtain more
information on the matter through inspection in loco.
CARRIED
The above-mentioned motion to refer back was unanimously, CARRIED.
Thereafter, it was
RESOLVED:
That the recommendations in respect of the item entitled Disposal of Proposed
Portion C of KwaMashu P: Extent 2.3153 Hectares be REFERRED BACK to the
Executive Committee to enable its members to obtain more information on the
matter through inspection in loco.
1.3 Proposed Deproclamation and Sale of Land: Remainder of Portion 1 of Erf 852
and Portion 1 of Erf 853 all of Seaview for Police Station Purposes: Plan No SJ4778/5
Extent 977m2 and 881m2(17/2/1/2/5):
(Page 243: Human Settlements and Infrastructure Committee - Agenda 2021-02-02)
COMMITTEE RECOMMENDS:
1.3.1 That Council declares in terms of Section 14(6) of the Municipal Management Act No 56
of 2003 (the Act) read with Regulation 20(1)(f)(i)(ii)(aa-jj) of the Municipal Asset
Transfer Regulations that:
1.3.1.1 The Remainder of Portion 1 of Erf 852 and Portion of Erf 853 Seaview are not required
to provide the minimum level of basic Municipal services.
1.3.1.2 The current market value of the properties is currently assessed at R391 000.00
(Three Hundred and Ninety One Thousand Rand) and R354 000.00
(Three Hundred and Fifty Four Thousand Rand) respectively and excluding VAT.
1.3.1.3 The Capital Asset is transferred at less than market value so that the interest of the state
and the local community would be better served.
1.3.2 That in terms of Regulation (20)(1)(f)(i)(ii)(aa-jj) of the Municipal Asset Transfer
Regulations, Rem of Portion 1 of Erf 852 and Portion 1 of Erf 853 Seaview Registration
Division FT in the Province of KwaZulu Natal in extents 967m2
and 881m2 respectively depicted on Plan No. 4778/5 be transferred in freehold
to the National Department of Public Works at a nominal price of R1 150.00
(One Thousand One Hundred and Fifty Rand) per site, subject to terms and conditions to
be agreed upon, including but not limited to a restrictive condition in respect of usage.- 3283 - (eThekwini Municipality
Council Minutes - 2021-03-31)
1.3.3 That no encroachment over Municipal sewer servitudes are permitted, and, prior
to any development, Sewer Impact Analysis to be done for building plan submitted
for approval.
1.3.4 That authority be granted to the Head: Real Estate to sign all documents necessary
to give effect to this transaction in terms of the Supply Chain Management Policy
of the City and other applicable legislation and that it shall be further subject to such
further conditions as the Head: Real Estate considers necessary to protect Council
interest.
Some members were not in support of the above recommendations. As such, the
matter was put to the vote. With 171 Councillors present, 164 Councillors
(ANC-104; DA – 44; IFP – 08; IND-04; ACDP - 01; MF-01; DLC – 01 and APC-01)
voted in favor and 07 Councillors (EFF - 04 and AIC - 03) voted against the
recommendations. There were no abstentions recorded.
Accordingly, the above recommendations were, by the majority vote, ADOPTED
1.4 Proposed Long Term Lease of Erf 6913 Durban, Situated at 150 Bulwer Road for Parking
Purposes, as Depicted on SJ Plan No. 4759/1 (17/2/1/2/5):
(Page 260: Human Settlements and Infrastructure Committee - Agenda 2021-02-02)
COMMITTEE RECOMMENDS:
1.4.1 That Council declares in terms of Regulation 34(1)(b) of the Asset Transfer Regulation
read together with Section 14(2) and (b) of the Municipal Finance Act 2003 that:
1.4.1.1 The land described as Proposed lease on Remainder of Erf 6913 Durban, Registration
Division F, in the Durban Entity, Province of KwaZulu Natal in extent of 369 m2, as
depicted on SJ Plan No. 4759/1, is not required to provide the minimum level of basic
Municipal service for a period of 5 years.
1.4.1.2 That the current market rental value of the land is currently assessed at R5 500.00
(Five Thousand Five Hundred Rand) per month, excluding VAT.
1.4.2 That all costs incidental to the transaction shall be at the cost of the lessee.
1.4.3 That all developmental plans must be submitted to the local Authority for approval prior
to any construction.
1.4.4 That the site be used for parking only and be suitably fenced to match the fencing used in
the Park, it being recorded that no advertising will be allowed on the fencing.
1.4.5 That access to this remainder must be from and through Erf 6916 only.
1.4.6 That no vehicular access is permitted off Bulwer Road.
1.4.7 That access must be taken off Bath Road for light vehicles only and detailed drawing plan
will be required.
1.4.8 That no encroachment over Municipal sewer servitude/sewer line permitted.
1.4.9 That prior to any development, Sewer Impact Analysis must be done and building plan
must be submitted for approval.- 3284 - (eThekwini Municipality
Council Minutes - 2021-03-31)
1.4.10 That authority be granted for the Head: Real Estate to sign all documents necessary
to give effect to this transaction, in terms of the Supply Chain Management Policy
of the City and any other applicable legislation and that it shall be further subject
to such further conditions as the Head: Real Estate considers necessary to protect Council
interest.
ADOPTED.
1.5 Proposed Alienation of Portion 1 Erf 194 Kingsburgh Plan No SJ 4721/7
and SG 1132/1996 (17/2/1/2/3):
(Page 275: Human Settlements and Infrastructure Committee - Agenda 2021-02-02)
COMMITTEE RECOMMENDS:
1.5.1 That Council declares in terms of Regulation 5(1)(b) of the Municipal Asset Transfer
Regulation 2008 Section 14(2)(a) and (b) of the Municipal Finance Act 2003 that:
1.5.1.1 The portion 1 of Erf 194 Kingsburg in extent of 3 370 m2 is not required to provide
the minimum level of basic Municipal services.
1.5.1.2 That the current market rental value of the property is currently assessed
at R275 000.00 (Two Hundred and Seventy Five Thousand Rand), excluding VAT.
1.5.1.3 That the sale by private treaty of portion 1 of Erf 194 Kingsburg to the adjoining owners,
be approved.
1.5.2 That no encroachment over Municipal sewer servitude permitted and, prior to any
development, Sewer Impact Analysis to be done for building plan submitted
for approval.
1.5.3 That a Telkom plant may be affected by this proposal and therefore, in this regard,
the purchaser is to liaise with the Regional Manager: Telkom Natal, Private Bag X54326,
Durban 4000 to ascertain his requirement and issue of access.
1.5.4 That all existing and re-routed Municipal services over Portion 1 of Erf 194 to be covered
by servitudes in favour of the seller either in the Deed of Transfer or registered by
Notarial Deed in which event the Purchaser shall bear all costs thereof, including the
preparation of the Servitude Diagram (if required) and any survey in connection
therewith.
1.5.5 That the seller or its authorized officials shall have unrestricted access to servitude area at
all times.
1.5.6 That the existing levels over the servitude area shall not be treated in any way nor shall
buildings or structures be erected over or in close proximity to the servitude area, other
than what has already been altered and construction without the purchaser first having
obtained the prior written approval of the Head: Water and Sanitation/Head: Engineering
Services.
1.5.7 That any damage caused to existing or any future service to be laid within the servitude
area, as a result of any action attributable to purchasers or to his agents shall be rectified
by the Municipality at the purchasers’ full cost.- 3285 - (eThekwini Municipality
Council Minutes - 2021-03-31)
1.5.8 That all costs incidental to the transaction shall be at the cost of the purchaser.
1.5.9 That authority be granted to the Head: Real Estate to sign all the documents necessary to
give effect to this transaction, in terms of the Supply Chain Management Policy of the
City and any other applicable legislation and, that it shall be further subject to such
further conditions as the Head: Real Estate considers necessary to protect Council
interest.
ADOPTED.
2. REPORT OF THE COMMUNITY SERVICES COMMITTEE: MEETING HELD ON
2020-02-11
(Page R13)
2.1 Request for Approval: Implementation of Events and Programmes for Durban Art
Gallery and INK Creative Art Centre for 2020/2021 Financial Year (35/1/1/4) &
(2/3/2/1/2):
(Page 25: Community Services Committee - Agenda 2021-02-11)
With Committee being in agreement,
COMMITTEE RECOMMENDS:
2.1.1 That authority be granted for the Head: Parks, Recreation and Culture to coordinate and
implement various art related programmes and events through the Durban Art Gallery
and the INK Creative Art Centre during the 2020/2021 financial year.
2.1.2 That subject to the approval of .1 above, authority be granted to the Head: Parks,
Recreation and Culture to incur expenditure in the amount of R972 000 (Nine Hundred
and Seventy Two Thousand Rand) for art related programmes implemented through the
INK Creative Art Centre and those implemented through the Durban Art Gallery during
the 2020/2021 financial year.
2.1.3 That subject to the approval of .1 and .2 above, all procurement of goods and services
regarding materials and facilitations be undertaken strictly in accordance with the Supply
Chain Management Policy and the Municipal Finance Management Act, 2003, Circular
82, regarding Cost Containment Measures.
2.1.4 That subject to the approval of .1, .2 and .3 above, a close out report be submitted after
the implementation of all programmes facilitated through Durban Art Gallery
and the INK Creative Art Centre during the 2020/2021 financial year.
FC No.: 34/386
ADOPTED.
2.2 Request for Approval: 2020/2021 Masakhane Public Participation Programmes
(2/3/2/1/2) & (19/R):
(Page 77: Community Services Committee - Agenda 2021-02-11)
The Community Services Committee noted that some of the implementation dates
for the Masakhane Public Participation programmes had lapsed and that the proposed
financial implications would be affected, an updated report was requested
in that respect.- 3286 - (eThekwini Municipality
Council Minutes - 2021-03-31)
The Democratic Alliance voted against the report and requested that the report outlining
funds for programmes for the entire financial year. The Democratic Liberal Congress did
not support the report and requested that Wards and dates
for the programmes to be detailed. The Inkatha Freedom Party and African Peoples
Convention abstained from voting. The Minority Front and the African National
Congress supported the report but requested that financial implications be adjusted.
At the Executive Committee level, the DA reiterated similar concerns and requested that
information comprising specific programmes; targeted Wards; and budget breakdown be
provided prior to the date of the February Council meeting. Therefore, at this stage, (02)
DA Members dissented on the matter, (05) ANC and (01) IFP Members being in support;
COMMITTEE RECOMMENDS:
2.2.1 That authority be granted for the Head: Community Participation and Action Support to
coordinate and implement various Masakhane Public Participation Programmes during
the 2020/2021 financial year.
2.2.2 That subject to the approval of .1 above, authority be granted for the Head: Community
Participation and Action Support to incur expenditure in the amount of R1 012 000.00
(One Million and Twelve Thousand Rand) to coordinate and implement various
Masakhane Public Participation Programmes during the 2020/2021 financial year.
2.2.3 That subject to the approval of .1 and .2 above, all procurement of goods and services
regarding materials and facilitations be undertaken strictly in accordance with the Supply
Chain Management Policy and the Municipal Finance Management Act, 2003, Circular
82, regarding Cost Containment Measures.
Financial Implications:
Logistics Amount – October Vote Number
2020 to June 2021
Venue Hire R 42 000.00 32306.18950-10.12120.0000. 35000-
4.0010
Hire of Marque R 420 000.00 32306.18950-10.12120.0000. 38300.0010
Transport R 80 000.00 32306.21805.12120.0000.35000-4.0010
Refreshments R 110 000.00 32306.11400.12120.0000.38264.0010
PA System R 270 000.00 32306.11760.12120.0000.38300.0010
Ablution Facilities R 40 000.00 32306.10670.11.12120.0000.38300.0010
Fruit Packs R 50 000.00 32306.11400.12120.0000.38264.0010
Total R1 012 000.00
FC No.: 2021/06/11
Some Councillors were not in support of the above-mentioned recommendations of
the Executive Committee, reiterating that information comprising specific
programmes; targeted Wards; and budget breakdown be provided. The majority of
the Councillors supported the recommendations as the Masakhane Public
Participation Programme was specifically related to service delivery, also used as a
feedback mechanism to review service provision as well as empowering communities
since they are also expected to pay for these services.
Upon a submission of a request relative to Councillors being in charge of the
procurement of services in their respective Wards, the Head: Legal & ComplianceYou can also read
