ETHEKWINI MUNICIPAL COUNCIL - eThekwini Municipality
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
- 3194 -
No. 85 MINUTES
OF
ETHEKWINI MUNICIPAL COUNCIL
Meeting held on Thursday, 2021-02-25T10:00, through MS Teams, streamed from
City Hall Main Auditorium, Church Walk, Durban.
PRESENT : Councillors WG Thusi (Speaker), TM Kaunda (Mayor), BF Scott
(Deputy Mayor), A Beetge, VNR Bhana, S Bhanprakash, MPN Bhengu,
MC Bhengu, M Billy, NC Biyela, T Biyela, NJ Bollman, M Brauteseth,
S Brijmohan, WJD Burne, SS Butelezi, NT Cele, J Chetty, CO Clayton,
M David, SV De Boer, MAK Dladla, SB Dladla, J Essop, BA Fortein,
VE Gebashe, R Gokool, G Govender, S Govender, Y Govender, NL Graham,
BR Gumede, NC Gumede, NP Gumede, MS Gwala, MH Haniff, GJ Hegter,
QL Hlengwa, NB Iyir, JA Johnson, SA Kaunda, MH Khan, DM Khanyile,
KNN Khubone, JS Khuboni, PZ Khumalo, HL Khubisa, NL Khuzwayo,
S Khuzwayo, ZW Khuzwayo, SNC Khwela, CJ Laing, CB Langa, P Luthuli,
TJ Luthuli, TN Mabanga, ME Mabaso, MT Mabaso, NI Madlala, A Maharajh,
B Majola, ZP Makhanya, WL Mapena, TZ Mathe, PM Mbambo, V Mbanjwa,
AM Mbele, RL McKenzie, RD Macpherson, FW Mdletshe, DM Mhlanzi,
GN Mhlongo, MB Mjadu, AZ Mkhize, HGB Mkhize, KV Mkhize, ME Mkhize,
MM Mkhize,MP Mkhize, S Mkhize, SM Mkhize, X Mkhize, PS Mncube,
SB Mngadi, SV Mngadi, MR Mngonyama S Mnguni, BV Mngwengwe,
S Moonsamy, B Mpanza, SB Mpanza, B Msomi, NP Msomi, M Mthembu,
MM Mthembu, ON Mthembu, TD Mthethwa, TM Mthethwa, TT Mthiyane,
AB Mvubu, RM Mzobe, BD Naidoo, J Naidoo, M Nair, BP Ndlela, AB Ndlovu,
PB Ndlovu, ZS Ndzoyiya, MM Ngiba, SJM Nhlapho, MS Nkosi, DR Nowbuth,
PC Ntshangase, SC Ntshangase, BT Ntuli, PB Ntuli, W Nyaba, MS Nyawose,
TT Nzuza, F Peer, JP Phewa, TK Phohlo, D Pillay, P Pillay, DR Pillay,
GDA Pullan, MD Qwabe, A Ramkissoon, A Rampersad, T Sabelo,
AN Shabalala, B Shabane, MG Shange, SG Shange-Dlamini, MT Shelembe,
ES Shezi, MC Shezi, DM Shozi, HP Shozi, KS Sibisi,
M Sibisi, N Sibiya, PN Sikhosana, EL Singh, Sagar Singh, Samier Singh,
PS Sishange, EG Smith, AD Snyman, ZR Sokhabase, ZA Solomon, M Tembe,
S Thango, JC Van den Berg, PA Vedan, SM Windvogel, MC Xulu, TV Xulu,
NY Young, BM Zulu, GB Zulu, TM Zuma, TG Zungu, MH Zwane and there
being 4 (four) vacancies.
ABSENT : Councillors H Cele, R Cloete (Leave – Indisposed), TP Collins,
GT De Lange, CB Dlamini, JA Dlamini, SB Dlamini, SR Dlamini,
BA Fortein (Municipal Business), HD Goge, TR Gumede, ZD Gushu,
PL Hlengwa, NP Hlomuka, RC Hlophe, NB Hoosman, M Johnson,
ES Khanyile (Leave – Indisposed), M Lutchmen, TG Makhanya,
MW Manqele, P Mfeka Leave – Personal Commitments), K Mhlaba (Leave –
Indisposed), SE Mhlongo (Leave – Personal Commitments), BA Mkhize,
SM Mkhwanazi (Leave – Indisposed), SR Moodley Leave – Indisposed),
E Mngadi, NE Mnguni (Leave – Indisposed), LG Mthembu, MGF Mthembu
(Leave – Other), N Munien, X Nala, PL Ncayiyana, MK Ndzimbomvu,- 3195 - (eThekwini Municipality
Council Minutes - 2021-02-25)
AS Ngcobo, BE Nhlangulela, S Ngema, TT Ngubane, M Nojiyeza,
PH Nxumalo, NN Nyanisa, BW Phewa, KR Pillay (Leave – Indisposed),
BR Qhantsi, S Sewshankar (Leave – Personal Commitments), A Shaheed,
VH Shezi (Leave – Personal Commitments), NI Sithole (Leave – Personal
Commitments), JB Thabethe, C Xesibe (Leave – Personal Commitments),
T Xuma,
OFFICIALS
PRESENT : Messrs/Mesdames S Cele (Acting City Manager), A Seheri (Acting Deputy City
Manager: Governance and Intergovernmental Relations), K Kumar (Deputy City
Manager: Finance), B Khanyile ( Deputy City Manager: Human Settlements,
Engineering Services and Transport), M Gumede (Deputy City Manager:
Security & Emergency Services and Community Services),
K Makhathini (Deputy City Manager: Corporate Human Resources),
S Makhanya (Deputy City Manager: Trading Services), A Peters
(Chief Strategy Officer); M Mhlongo (Head: Legal Services), BM Mhlongo
(Deputy Head: Office of the Speaker), M Lelosa (Manager: Council
Committees).
(At the commencement of the meeting 147 Councillors were present, comprising ANC - 86, DA - 41,
IFP - 9 , EFF - 5 , INDEPENDENT - 2 , AIC - 0 , ACDP - 1 , MF - 1 , DLC - 1 , TA- 0 , MOSA – 0 ,
APC - 0 and AL JAMA-AH - 1).
_________________
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.
4. OPPORTUNITY FOR PRAYER/MEDITATION
The Speaker requested Council to observe a moment’s silence for all those
who had passed on.- 3196 - (eThekwini Municipality
Council Minutes - 2021-02-25)
5. OFFICIAL ANNOUNCEMENTS
The Speaker began her announcements by sending condolences to families which had
lost their loved ones as a result of COVID-19. She appealed to residents to maintain
adherence to COVID-19 prevention protocols by wearing masks, observing appropriate
social distancing measures and washing their hands. She also conveyed condolences to
the family and friends of the South African Singer, Ms Sibongile Khumalo who passed
away during January 2021 at the age of 63.
Highlighting the results of the 2020 Matric examinations, she congratulated the class of
2020 for the results achieved in their final examinations and indicated that the
KwaZulu Natal Province had achieved a 77.6% pass rate despite the challenges
brought about by the pandemic and that they had displayed what it meant to be
resilient.
Councillors were then requested to note that in order to maintain order during the
meeting all microphones will remain muted and will only be unmuted when one has
raised a hand and has been recognised by the Speaker accordingly.
6. SPEAKER’S REPORT
The Speaker provided an update to Council in respect of various activities that
transpired in Council during the month of February 2021 as stipulated by the Back to
Basics Strategy and in compliance with Section 13(g) of the Rule of Order By-Law.
Reflecting on the Back to Basics performance with a specific focus on Ward
Committees and community engagements, the Speaker reported that a total of 61
meetings had been held of which 44 were supported with the requisite evidence. She
indicated that no community engagements had taken place due to restrictions put in
place as a result of the COVID-19 restrictions. Highlighting concerns related to the low
number of Ward Committees held, she urged Councillors to comply with the scheduled
dates and number of meetings as, the number of meetings had an impact on COGTA’s
quarterly functionality assessments.
The Speaker then advised that the Deputy Mayor, Cllr Belinda Scott, had resigned
from Council, effective end of February 2021 and that the resignation of Deputy Mayor
in Council indicates that as at the end of February 2021 the Municipal Council would
have 3 vacancies, (02 PR Councillors and 01 Ward Councillor).
The Speaker then reflected on the possible Auditor-General finding pertaining to the
food parcels and gift vouchers initiative for COVID-19. The Speaker reminded the
meeting of the 2020 decision to undertake a social food relief programme in response
to the effects of the COVID-19 pandemic. Subsequent to this approval, Ward
Councillors were also issued with registers which had to be signed by beneficiaries
acknowledging receipt thereof, the said registers were to be submitted back to the
Office of the Speaker so as verify that all had been distributed and received by intended
beneficiaries.
She then informed members that when the 2019/2020 audit was conducted, the social
relief programme was also audited, and with the incomplete documents (missing
registers) that were submitted, the Auditor-General’s submission has indicated that
there is possible finding, associated with fraud risks. That a list of all those Ward- 3197 - (eThekwini Municipality
Council Minutes - 2021-02-25)
Councillors that have not submitted has been issued to the respective Party Whips for
them to pursue with their respective Party Members and that failure to submit after this
approach, will infer that, that Ward Councillor is in breach in terms of the Code of
Conduct for Councillors, and will be dealt with accordingly.
7. APPLICATIONS FOR LEAVE OF ABSENCE
RESOLVED:
The following Councillors were granted leave of absence as indicated:-
COUNCILLORS
Councillor R Cloete : 2021-02-24 to 2021-02-25 (Indisposed)
Councillor ES Khanyile : 2021-02-23 to 2021-03-01 (Indisposed)
Councillor P Mfeka : 2021-02-22 to 2021-02-26 (Personal Commitments)
Councillor K Mhlaba : 2021-02-26 to 2021-02-26 (Indisposed)
Councillor SM Mkhwanazi : 2021-02-24 to 2021-02-25 (Indisposed)
Councillor NE Mnguni : 2021-02-23 to 2021-02-26 (Indisposed)
Councillor SR Moodley : 2021-02-25 to 2021-03-24 (Indisposed)
Councillor MGF Mthembu : 2021-02-25 (Personal Commitments)
Councillor K Pillay : 2021-02-25 (Indisposed)
Councillor C Sewshanker : 2021-02-25 (Personal commitments)
Councillor VH Shezi : 2021-02-23 to 2021-03-01 (Personal Commitments)
Councillor NI Sithole: : 2021-02-24 to 2021-02-25 (Personal Commitments)
Councillor C Xesibe : 2021-02-24 to 2021-02-26 (Personal Commitments)
8. CONFIRMATION OF MINUTES: Meetings held on 2021-01-28.
Corrections were effected to the discussion related to item Budget Statement Report for
the Month Ended 31 December 2020 wherein the words “Budget” in the first and
second paragraphs were corrected to “Section 71 Monthly Budget Statement Report”
Thereafter it was,
RESOLVED:
That the minutes of the meetings of the eThekwini Municipal Council held
on 2021-01-28 and the minutes of the In-Committee meeting held on 2020-01-28,
as circulated and taken as read, be and they are hereby confirmed.- 3198 - (eThekwini Municipality
Council Minutes - 2021-02-25)
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 M Tembe: Vacant Building Situated at Bulwer Park
(31/1/1/2):
Bulwer Park is the heart of Glenwood and there has been a vacant building situated at
Bulwer Park and has been vacant for more than a year despite being earmarked for the
intended purpose of conducting business as a restaurant. Substantive resources have
already been spent on this building and leaving it vacant increases the risk of it being
vandalized.
In light of the above I requested that the following questions be answered:
1. Is the construction of the building completed?
(a) If no, when will be completed?
(b) If yes, when will this vacant building be occupied?
2. Are there any delays envisaged in this process of securing occupation? If yes.
Kindly elaborate?
3. Has lease agreement been finalized with perspective tenant(s)?
4. Is the vacant building still intended to be a restaurant as intended purpose?
5. Have the City also consider leasing these buildings?
6. If no, what is the new intended purpose be or use for the building?
Councillor Y Young provided the following respective responses:
1. The construction was competed in the 2018/19 financial year.
(a) Not applicable.
(b) The building is complete. Real Estate had to first wait the new Land
Disposal & Granting Disposal to be approved, before tabling the report to
Bid Specification Committee.
2. The delay was in getting the Land Disposal & Granting Disposal policy approved
first, Real Estate has confirmed that this process has been completed.
3. No lease agreement(s) have been finalized as yet. Real Estate has been in
preparations to submit the new Standard Bid documents to the Bid Specification
Committee in line with the approved policy for adoption. Real Estate is hoping to
have this completed and approved during the week of 14-18 February, 2021.
4. The Bulwer Park facility will be utilized for its original purpose of a restaurant.
5. Not applicable.- 3199 - (eThekwini Municipality
Council Minutes - 2021-02-25)
9.2 Questions submitted by Councillor KV Mkhize: Turn Around Strategy for the Moses
Mabhida Stadium(31/2/1/5/2):
Moses Mabhida Stadium and its attraction in it, is the Municipality’s economic drive
sector as its attracts tourists. It should be generating an income, due to COVID-19, but
it has not. December Monthly Budget Statement report indicated key statistical
information as attracting football due to less events being hosted.
1. What is the Municipality turnaround strategy and long term plan to avoid
the stadium being the burden to rate payers?
2. Has the City considered the negotiations with Sharks Rugby Team, Moses
Mabhida to be home of Sharks, as the local PSL teams and the current
contracts in place are not generating enough revenue?
3. It has been noticed that, part of the stadium structures is in bad condition
for a long time, what is the maintenance plan?
4. SKY Car is still grounded since October 2018, does the in-house
maintenance team doing any maintenance to avoid rust and more damages
in it?
Councillor Y Young provided the following respective responses:
1. A three-phased Business Review and Recovery Plan was developed amid
the Covid-19 pandemic in consultation with Stadium partners / stakeholders/
sport bodies etc, The plan seeks to address gaps and opportunities identified and
is aligned to the SDBIP and budget process;
a) Phase 1- Level 5 hard lockdown
b Phase 2 – level 4- 1 partial lockdown
c) Phase 3 – post Covid-19
2. The discussions commenced and are ongoing
3. A maintenance plan is in place and implementation is ongoing and aligned to
SDBIP and Budget process
4. The Sky Car forms part of the inhouse daily routine maintenance programme.
9.3 Questions submitted by Councillor R Gokool: Numerous Road Issues on High Street in
New Germany (25/4/6/1):
The Municipality is aware of the numerous road issues on High Street in New
Germany. A retainer wall was installed to solve the issue. However the road, the wall
and bank are collapsing due to bad workmanship. Water pipes are exposed. It is a
safety issue.
In light of the above I pose the following questions:
1. Who was the Contractor responsible for installing the gabions on High
Street?- 3200 - (eThekwini Municipality
Council Minutes - 2021-02-25)
2. Between the Roads and Water Department which department was
responsible for appointing the Contractor?
3. Between the Roads and Water Department which department will resolve
this issue?
4. What is the process once a Contractor is done with a job?
5. Who signed off on the job being complete and with all requirements
being met?
6. What action steps are being taken to remedy the situation?
7. When will the situation be remedied?
8. What is the long term solution for this issue?
9. What action steps have been taken against the Contractor?
10. Will this Contractor be allocated to continue to do business with
the Municipality?
Councillor ZR Sokhabase provided the following respective responses:
1. Zamamusa Construction Pty Ltd
2. Roads and Stormwater was responsible for appointing the contractor
3. Roads and Stormwater has resolved the matter, working with Water department
& CSCM
4. Job card is closed, and the payment process is initiated accordingly
5. The Project Manager: Mr Sizwe Shabalala
6. The situation has been resolved
7. The repairs have been completed
8. The gabions are a long term solution, furthermore the CSCM department will
extend the stormwater pipe for better water outflow. Extension of the pipe will be
done by the end of next week
9. Not applicable
10. Yes
9.4 Questions submitted by Councillor M Billy: Innumerous Complaints and Queries
Regarding Water Outages (23/1/9):
Numerous complaints and queries regarding water outages, have been posed by
residents and Councillors. No consistent reports are forthcoming from Officials.
It is on this background that I pose the following questions:
1. What is currently the reason for the delay in pump repairs and maintenance
to our potable water pump stations that is contributing to consumers not
having water?
1.1 What is the reason for the delay in excavating and/or backfilling of holes and
trenches after bursts are repaired?- 3201 - (eThekwini Municipality
Council Minutes - 2021-02-25)
1.2 Who is responsible for this function and is there now an SLA in place?
2. Are there any budgetary constraints preventing the procurement or
purchase/payment of the following?
(a) Services of Contractors
(b) Stock of pipes/valves
(c) Crusher run
2.1 If the answer to the above is YES, what are the precise reasons for no budget
being allocated for (a), (b) and (c) above?
2.2 Whose responsibility was it to secure funding for the above?
2.3 Will monies be provided for to remedy this omission or non-compliance, in
the February 2020 Adjustment Budget?
3. How many water pumps (in the City) are currently in operational and why,
for the period February 2020 to date?
4. State precise location of pump and duration for which it was not working?
5. When last was a report furnished to EXCO of the SCM challenges for EWS.
If not, why not?
6. What is the current status of the water sachet plant?
7. What is the projected timelines, until completion for the following
reservoirs. Include the scope of works in the response:
(a) Jan Roz Reservoir
(b) Frasers Reservoir
(c) Emona Reservoir
(d) Trenance Park 3 Reservoir
8. What has been the cause of delays in the above project, per project and how
was were the remedies?
9. What was the reason for EPWP Workers not being paid timeously. How was
this resolved and when?
10. What has become of the ill fitted water tankers that were procured by EWS?
11. How much is it costing eThekwini Municipality to hire additional tankers,
for the December 2020 and January 2021 period and is that cost expected to
rise and when?
Councillor ZR Sokhabase provided the following respective responses:
1. The main cause of the water outages in December 2020/January 2021 was the
lack of capacity within the municipality to deal with mechanical and electrical
failures. There has been a delay in the awarding of the maintenance contracts.
These contracts are now in the final stages of award and should be awarded
within the next month or so.- 3202 - (eThekwini Municipality
Council Minutes - 2021-02-25)
WS7156 (Water M&E Contract): In the final stages of award. Awaiting start
and completion of appeals period after which letters of award will be sent out (if
there are no appeals).
WS7071 (Wastewater M&E Contract): Awaiting final approval from the Bid
Adjudication Committee following S24 negotiation process.
Further to this, Umgeni Water is busy with repairs to their Reservoir 3 at the
Durban Heights Waterworks. The reduced storage becomes a challenge for them
when there is load shedding and results in them not being able to meet demand.
Electricity Unit has been approached to find a way of excluding Wiggins and
Durban Heights Waterworks from load shedding. It has been agreed that the two
works will be excluded from load shedding when ESKOM imposes levels below
Level 3.
1.1 Backfilling has improved significantly. The Unit is now consistently achieving a
performance of about 100% backfilling jobs done within 24 hours. Delays within
the 24 hour period can be attributed to the time it takes to move a machine from
one job to another.
1.2 Water and Sanitation Unit (Auxiliary Services Department) is responsible for
backfilling. There is no SLA as this is an internal function within EWS.
2. a) budgets are limited but are currently sufficient
b) budgets are limited but are currently sufficient
c) budgets are limited but are currently sufficient
2.1 Not applicable
2.2 Not applicable
2.3 Not applicable
3. See attached report on the current status of water pump stations
(at the back of the Council Minutes)
4. See attached report on the current status of water pump stations
(at the back of the Council Minutes)
5. No specific report has been submitted to EXCO specifically on SCM challenges
for EWS. These matters have been addressed through various other meetings.
6. Current status of the sachet plant
One machine operational, the second machine to be repaired under WS 7156- No
plastic at the moment to process sachets
7. a) Jan Roz Reservoir – it is assumed Burbreeze Project and anticipated
completion date is April 2021.
The Scope of work entailed:- 3203 - (eThekwini Municipality
Council Minutes - 2021-02-25)
• Construction of a 3.3 km long dn 300 continuously welded steel rising
main,
• 1240m of DN 300 continuously welded steel pipe from the Mamba Ridge
rising main offtake to the Jan Roz reservoir site.
• 1890m of DN 300 continuously welded steel pipe from the Jan Roz
reservoir site to the Burbreeze reservoir site.
• Construction of a new 5Mℓ reinforced concrete reservoir
• New Jan Roz Pump Station
• Upgrade of pumps at TWTW
• Auxiliary mechanical, electrical & instrumentation plant
• Interconnecting steel pipework between the existing Jan Roz reservoirs and
the new pump station
• Road crossings:
Installation of a 33 m long jacked pipe sleeve under the KZN DoT
R102 (Gopalall Hurbans Road)
Installation of a 45 m long jacked pipe sleeve under the KZN DoT
R102 (Gopalall Hurbans Road)
There have been the following delays:
Vandalism of the telemetry works at the Mamba Ridge Reservoir Site. This has
resulted in significant delays to the completion date. Mamba Ridge is required to
work harmoniously with the other reservoirs in the supply network. Without
correct functioning telemetry at the Mamba Ridge Reservoir Site, the operations
team In the Tongaat area work blindly. This reduces the efficiency of effective
water supply to the affected supply zones. The vandalized telemetry and cables
were reinstalled with additional vandalism mitigation considerations.
• Delay in manufacturing the electrical panels at Tongaat WTW – the
department is tracking the manufacturing progress.
• Delay in delivery of the PLC equipment. Backlog supply.
(b) Frasers Reservoir – This project has been curtailed. Planning Department
have advised that the envisaged demand does not warrant an upgrade of the
reservoir at this stage,
(c) Emona Reservoir – It is currently at BEC stage. We anticipate starting with
construction by 1 July 2021 with a planned completion by February 2023.
The Scope of work entailed:
• Reservoir upgrade from 1ML to 5ML
• 2.5km rising main (250mm dia)
• Upgrade of the pump station at Tongaat WTW
• Elevated Tank
There is no delay in this project.
(d) Trenance Park 3 Reservoir – original scope was laying 2.3 kilometres and
this has been completed. A tie-in will be done within about two weeks to
commission the pipes laid. Additional 3 kilometres need to be laid and this
should be completed by end of April 2021 if all goes according to plan.
8. There is no delay in this project.- 3204 - (eThekwini Municipality
Council Minutes - 2021-02-25)
9. A new system was introduced to pay EPWP workers (from cheques to electronic
payments). There were some teething problems with this and the problem has
been resolved.
10. The water tankers were modified and are now in operation.
11. Council hires about 53 water tankers to top up the Council-owned fleet. Each
water tanker costs about R5 500 per day. This amounts to about
R8.7m per month.
9.5 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 sure 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,
ensuring Municipal services are not interrupted?
(b) If no, why there are no Bylaws in place, to the protection of Municipality
infrastructure, at the inception of this project?
It was agreed that the answers to the above questions would be provided at the next
Ordinary Meeting of Council as the responses received from the responsible line
department were of an unacceptable quality.
Councillor Mthethwa of the Democratic Alliance expressed dissatisfaction on the
reasons given for not responding to the questions above, citing that questions are- 3205 - (eThekwini Municipality
Council Minutes - 2021-02-25)
submitted timeously to enable relevant stakeholders to interrogate responses to be
submitted to Council.
_______________
(His Worship the Mayor, Councillor TM Kaunda presented the First Report of
the Executive Committee)
_______________
FIRST REPORT OF THE EXECUTIVE COMMITTEE
(Meeting held 2021-01-26)
PRESENT : Executive Committee Members BF Scott (Deputy Mayor and Acting
Chairperson), Y Govender, NL Graham, SA Kaunda, TM Mthethwa, MS Nkosi,
T Sabelo, N Sibiya and NI Sithole
ABSENT : Executive Committee Member TM Kaunda (Mayor and Chairperson: Indisposed
Leave)
_____________
1. TERMS OF REFERENCE OF THE DISCIPLINARY BOARD FOR FINANCIAL
MISCONDUCT (3/2/1)
(Page 53)
COMMITTEE RECOMMENDS:
1.1 That Terms of Reference defining different roles of the respective role players
in handling cases of financial misconduct by the Disciplinary Board established
by Council in 2018, in line with the Municipal Regulations on Financial Misconduct
Procedures and Criminal Proceedings, be approved, which Terms of Reference also
outlines prescribed timelines for different milestones and applicable procedures.
1.2 That subject to the approval of .1 above, Council delegates to the Accounting Officer
authority to approve minor amendments to the Terms of Reference, who shall report
any such amendment at the first Council meeting thereafter.
REFERENCE BACK
In terms of Rule of Order Bylaw 20(1)(c), Councillor S Kaunda, seconded by Councillor Y
Govender, moved as a procedural motion that the above recommendations of the Executive
Committee be referred back to the Executive Committee to allow members to make further
comprehensive input on the draft Teams of Reference.
CARRIED
Some Councillors were not in support of the reference back as they were of the opinion that this is
causing unnecessary delays and is compromising a statutory function to give greater oversight at- 3206 - (eThekwini Municipality
Council Minutes - 2021-02-25)
an impartial level, and also, delays in the establishment of the Board. Thereafter, clarity was
provided that the Board has already been established but that this was a process of finalising the
Terms of Reference, with the intention to ensuring stakeholder obligations are clearly spelled out
without duplications and/or omissions.
Accordingly, the matter was put to the vote. With 147 Councillors present, 104 Councillors
(ANC – 86, IFP – 9, EFF – 5, IND – 2, MF – 1 and AL JAMA-AH - 1) voted in favour of the
reference back and 43 (DA – 41, ACDP – 1 and DLC – 1) voted against. There were no abstentions
recorded.
The above-mentioned motion to refer back was, by the majority vote, CARRIED.
Reverting back to the substantive matter, it was
RESOLVED:
That the recommendations in respect of the item entitled Terms of Reference of
the Disciplinary Board for Financial Misconduct be REFERRED BACK to the
Executive Committee to enable a further process of contributing input in a
conclusive manner thereby achieving greater clarity on stakeholder obligations.
_____________
(His Worship the Mayor, Councillor TM Kaunda presented the Second Report of
the Executive Committee)
_______________
SECOND REPORT OF THE EXECUTIVE COMMITTEE
(Meeting held 2021-01-26)
PRESENT : Executive Committee Members BF Scott (Deputy Mayor and Acting
Chairperson), Y Govender, NL Graham, SA Kaunda, TM Mthethwa, MS Nkosi,
T Sabelo, N Sibiya and NI Sithole
ABSENT : Executive Committee Member TM Kaunda (Mayor and Chairperson: Indisposed
Leave)
_____________
1. REPORT OF HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE:
MEETING HELD 2021-02-02
(Page R1)
1.1 Acquisition/Transfer of Land and Registration for Existing Isipingo Wastewater
Treatment Works Facility 23/1/11/2/1/2):
(Page 46 : Human Settlements and Infrastructure Committee - Agenda 2021-02-02)
COMMITTEE RECOMMENDS:
1.1.1 That authority be granted for the Head: Real Estate to acquire and or transfer
the portions of land for Isipingo waste water treatment works as detailed in the report- 3207 - (eThekwini Municipality
Council Minutes - 2021-02-25)
of the Head: Water and Sanitation dated 2020-11-18, to fulfil the Water Use License
requirements that require that the Municipality own the land on which the
infrastructure is to be built and to mitigate against the risk of plant failure.
1.1.2 That subject to the approval of .1 above, it be noted that the approval by the
Bid Adjudication Committee be sought to deviate from the Supply Chain Management
Regulations to negotiate directly with the property owner for the acquisition of the
property in question, using Section 36(1)(a)(ii) of the Supply Chain Management
Policy, it being recorded that the cost related to the acquisition /transfer of the Isipingo
Wastewater Treatment Works property, estimated at R100 000.00
(One Hundred Thousand Rand), is still to be determined.
1.1.3 That in the event of negotiations being successful the City Manager record reasons
for the deviations and report at the next meeting of the Council as well as include the
reasons as a note in the Annual Financial Statements in terms of the Municipal Supply
Chain Management Policy.
X7755
Vote No.: 55100/1300/91104/X7755/0010 R100 000.00 2021/22 FY
FC No.: 364/C236
ADOPTED.
1.2 Regulating Applications for Installation of Communications Equipment on eThekwini
Municipality Water and Sanitation Reservoir Sites (23/1/11/3/1):
(Page 51 : Human Settlements and Infrastructure Committee - Agenda 2021-02-02)
Authority is sought to regulate applications and requests for the installation
of communication equipment on eThekwini Municipality, Water and Sanitation Unit’s
Reservoir sites in order to meet its mandate for water provision to the residents within
the eThekwini Municipal boundary. It was advised that, in the past, authority was
granted to the external communication sector to install electronic communications
facilities onto water reservoir infrastructure. This resulted in various risk exposures
such as safety to personnel, access control where the site has become prone to abuse,
vandalism of premises, theft of fittings/installations and threatened water security to the
neighboring communities. The applications are normally submitted in the form of a
Wayleave and it is imperative that all applications/requests from various parties,
including organs of State, are effectively regulated. It was further advised that the Unit
will assess each application/request by determining the availability of land, taking into
consideration future operational plans for the water reservoir site followed by an
approval process.
With 34 Councillors present, 23 Councillors (ANC -19, IFP - 2, IND - 1 and EFF -1)
voted in support of the recommendations and 11 Councillors (DA - 11) abstained.
With the Executive Committee being in agreement;
COMMITTEE RECOMMENDS:
That, in order to regulate applications for installation of communication equipment,
authority be granted for the Head: Water and Sanitation to review requests from
applicants prior to installation of communications equipment on water reservoir sites
located within Municipal-owned land.
ADOPTED.- 3208 - (eThekwini Municipality
Council Minutes - 2021-02-25)
1.3 Request for Authority to Transfer Funds 23/2/1/3/4):
(Page 54 : Human Settlements and Infrastructure Committee - Agenda 2021-02-02)
COMMITTEE RECOMMENDS:
1.3.1 That authority be granted for the Head: Water and Sanitation to transfer funds
in the amount of R3 200 000 00 (Three Million Two Hundred Thousand Rands) from
Project No.: Y8763 to Y8787 for the 2020/21 financial year from Water and Sanitation
budget as follows:-
No Project Description Funding Project Funding Surplus
No Required in No Required Funding
2020/21 from Project 2020/21
1 Y8787 Wastewater Pump R3 200 000.00 Y8763 R3 200 000 00 R0
stations telemetry
installation
1.3.2 That subject to the approval of .1 above, the Deputy City Manager: Finance to include
in the adjustment budget report the transfer of funds from delayed project where funds
have been identified to another project in the 2020/21 financial year.
1.3.3 That it be noted the budget of R2 034 732.95 (Two Million and Thirty Four Thousand
Seven Hundred and Thirty Two Rand Ninety Five Cents) is adequate to cover the
scope of the Y8787, however numerous sites have been identified as being vandalized
and for this reason additional funding will be required to secure any installed
equipment. Additionally, licenses will need to be procured to provide staff access to
these new systems. MTN Sim cards will also need to be purchased along with data and
associated APN costs.
ADOPTED.
At this stage of the proceedings, it was agreed by Members of Council that due to technical
challenges being experienced during this meeting, some items be not prioritized for discussion
in this meeting, but to focus on statutory and non-delegable items. As such, some of the Agenda
items were then DEFERRED for consideration at the next Ordinary Meeting of Council or in
terms of certain delegated powers in the event of emergency to resolve on a particular matter.
1.4 International Finance Corporation Grant Funding for Agri Processing Resource
Efficiency Programme (7/4/1 & 20/1/7/5):
(Page 59 : Human Settlements and Infrastructure Committee - Agenda 2021-02-02)
COMMITTEE RECOMMENDS:
1.4.1 That approval be granted for the Head: Water and Sanitation to implement a three-year
International Finance Corporation (IFC) Grant Funding
for Agri Processing Resource Efficiency Programme, which aims to promote and
implement measures that provide a supporting and enabling policy and regulatory
environment for improved water-use efficiency in the Agri-processing sector.
1.4.2 That subject to .1 above, authority be granted to the Head: Water and Sanitation
to enter into a Memorandum of Understanding with IFC for a period of three years
at no cost to Council and that the Cooperation agreement be subjected to review
by the Legal & Compliance Department to ensure that there are no financial and supply
chain management implications to Council.
ADOPTED.- 3209 - (eThekwini Municipality
Council Minutes - 2021-02-25)
1.5 Authority to Transfer Funds to Project for Provision of Consulting Services
for Development and Monitoring of Groundwater Monitoring Wells for Phoenix
and Verulam Wastewater Treatment Works (23/1/11/2/1/2):
(Page 68 : Human Settlements and Infrastructure Committee - Agenda 2021-02-02)
With 34 Councillors present, 23 Councillors (ANC - 19, IFP - 2, IND - 1
and EFF - 1) voted in support of the recommendations and 11 Councillors (DA - 11)
abstained.
With the Executive Committee being in agreement;
COMMITTEE RECOMMENDS:
1.5.1 That authority be granted for the transfer of R200 000.00 (Two Hundred Thousand
Rand), excluding VAT, from the Block Sum item Y8769D - Treatment Works
Rehabilitation to Project No.: Y8702 – Provision of Consulting Services for the
Development and Monitoring of Ground Water Wells for Phoenix and Verulam
Wastewater Treatment Works in the 2020/2021 financial year.
1.5.2 That authority be granted for the Deputy City Manager: Finance to include
in his adjustment budget report, the transfer of R200 0000 (Excl. VAT) from the block
sum item Y8769D - Treatment Works Rehabilitation to Project No.: Y8702 - Provision
of Consulting Services for the Development and Monitoring of Ground Water Wells
for Phoenix and Verulam Treatment Works in the 2020/21 financial year.
Financial Implication:
Project No Y8702 R200 000.00 (Excl. VAT) (to be met by transfer from the Block Sum item
Y8769D - Treatment Works Rehabilitation in
the 2020/21 financial year capital budget).
FC No.: 365/C266
ADOPTED.
1.6 Request for Approval: Vuk’uPhile Contractor Learnership Programme Phase III:
Memorandum of Agreement for Expanded Public Works Programme (4/3/5/1 & 6/1):
(Page 164 : Human Settlements and Infrastructure Committee - Agenda 2021-02-02)
COMMITTEE RECOMMENDS:
1.6.1 That authority be granted to the City Manager to enter into a Memorandum
of Agreement (MoA) for the Vuk’uPhile Contractor Learnership Programme Phase III
between eThekwini Municipality and the Department of Public Works
and Infrastructure for a period of five 5) years, which programme aims to develop
emerging contractors into fully fledged contractors to enable them to execute labour
intensive projects and focuses on developing administrative, technical, contractual,
managerial and entrepreneurial skills for the learners.
1.6.2 That subject to approval of .1 above, authority be granted to the City Manager
to undertake a recruitment process for the new intake of Vuk’uPhile Contractor
Learnership Programme Phase III.- 3210 - (eThekwini Municipality
Council Minutes - 2021-02-25)
1.6.3 That due to the fact that the COVID-19 pandemic has had a negative impact on the
current contractor learners, and due to the fact that the recruitment process for new
intake may be prolonged and whilst they conduct classroom training in order for the
sustainability of the various projects undertaken through Vuk’uPhile, the current leaner
contractors be retained until such a time new intake leaners have been recruited, gone
through classroom training and are able to undertake projects.
1.6.4 That subject to the approval of the above, this period should not exceed twenty-four
(24) months from the date of lapsing of the current MoA.
ADOPTED.
1.7 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:
1.7.1 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:
1.7.1.1 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.
1.7.1.2 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.
1.7.1.3 The property will be used for a Restaurant and Take Away facilities.
1.7.2 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.
1.7.3 That all costs incidental to the transaction shall be at the cost of the lessee.
1.7.4 That all developmental plans must be submitted to the local Authority for approval
prior to any construction.
1.7.5 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.
DEFERRED.- 3211 - (eThekwini Municipality
Council Minutes - 2021-02-25)
1.8 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:
1.8.1 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:
1.8.1.1 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.
1.8.1.2 The Proposed Portion C of KwaMashu P in extent of 2.315HA is not required
to provide the minimum level of basic Municipal services.
1.8.1.3 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.
1.8.2 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.
1.8.3 That all costs incidental to the transaction shall be done at the cost of the purchaser.
1.8.4 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.
DEFERRED.
1.9 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:
1.9.1 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:
1.9.1.1 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.
1.9.1.2 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.
1.9.1.3 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.- 3212 - (eThekwini Municipality
Council Minutes - 2021-02-25)
1.9.2 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.
1.9.3 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.
1.9.4 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.
DEFERRED.
1.10 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:
1.10.1 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:
1.10.1.1 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.
1.10.1.2 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.
1.10.2 That all costs incidental to the transaction shall be at the cost of the lessee.
1.10.3 That all developmental plans must be submitted to the local Authority for approval
prior to any construction.
1.10.4 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.
1.10.5 That access to this remainder must be from and through Erf 6916 only.
1.10.6 That no vehicular access is permitted off Bulwer Road.
1.10.7 That access must be taken off Bath Road for light vehicles only and detailed drawing
plan will be required.- 3213 - (eThekwini Municipality
Council Minutes - 2021-02-25)
1.10.8 That no encroachment over Municipal sewer servitude/sewer line permitted.
1.10.9 That prior to any development, Sewer Impact Analysis must be done and building plan
must be submitted for approval.
1.10.10 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.
DEFERRED.
1.11 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:
1.11.1 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:
1.11.1.1 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.
1.11.1.2 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.
1.11.1.3 That the sale by private treaty of portion 1 of Erf 194 Kingsburg to the adjoining
owners, be approved.
1.11.2 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.
1.11.3 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.
1.11.4 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.
1.11.5 That the seller or its authorized officials shall have unrestricted access to servitude area
at all times.
1.11.6 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.- 3214 - (eThekwini Municipality
Council Minutes - 2021-02-25)
1.11.7 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.
1.11.8 That all costs incidental to the transaction shall be at the cost of the purchaser.
1.11.9 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.
DEFERRED.
1.12 Funding for Vehicle and Plant Replacement to Address Backlogs Within the Roads
Department (8/3/1/3):
(Page 372: Human Settlements and Infrastructure Committee - Supplementary Agenda
2021-02-02)
COMMITTEE RECOMMENDS:
1.12.1 That Council grants approval for additional capital funding to address the exacerbated
service delivery backlog in the Vehicle and Plant Replacement Programme within the
Roads Department and that funding be made available as per the table below:
No Description Amount (R)
5.1.1 2020/21 funding Requirement
5.1.1.1 RSWM Vehicle and Plant Requirement 109 600 000.00
5.1.1.2 Roads Provision Vehicle and Plant Requirement 13 000 000.00
5.1.1.3 Small Plant Requirement 8 500 000.00
119 400 000.00
5.1.2 2021/22 Funding Requirements
5.1.2.1 RSWM Vehicle and Plant Requirements 84 100 000.00
5.1.2.2 Roads Provision and Plant Requirements 61 000 000.00
5.1.2.3 Small Plant Requirement 8 500 000.00
153 600 000.00
Total 273 000 000.00
1.12.2 That the Chief Investment Officer assess the impact of the funding request
on the City’s Cash flow and affordability
REFERENCE BACK
In terms of Rule of Order Bylaw 20(1)(c), Councillor WL Mapena, 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 and allow for the
submission of an outstanding motivation report from the City Fleet on the general process for
purchasing of vehicles by City Fleet and reconcile relating reports accordingly.- 3215 - (eThekwini Municipality
Council Minutes - 2021-02-25)
CARRIED
As some Councillors were not in support of the reference back, the matter was put to the vote.
With 179 Councillors present, 119 Councillors (ANC – 110, , EFF – 6, IND – 3, ) voted in favour of
the reference back and 58 Councillors (DA – 47, IFP – 9, ACDP – , AL JAMAH-AH – 1 and
MF – 1) voted against. There were no abstentions recorded.
The above-mentioned motion to refer back was, by the majority vote, CARRIED.
Thereafter, it was
RESOLVED:
That the recommendations in respect of the item entitled Funding for Vehicle and Plant
Replacement to Address Backlogs Within the Roads Department be REFERRED BACK be
referred back to the Executive Committee to enable its members to obtain more information on
the matter and allow for the submission of an outstanding motivation report from the City Fleet
on the general process for purchasing of vehicles by City Fleet and reconcile relating reports
accordingly.
1.13 Request for Authority to Transfer Funds Within Water and Sanitation Operating
Budget in the 2020/21 Financial Year for Contract 1P-18780:
(Page L105: Human Settlements and Infrastructure Committee - Agenda
2021-02-02)
Authority is sought to approve the transfer of funds in the approved 2020/2021
eThekwini Water and Sanitation Operating Budget to Project No.: 1P-18780:HIRE and
Servicing of Portable Chemical toilets in various Wards of eThekwini Municipality.
Members were advised that due to the COVID-19 pandemic during the 2020/2021
financial year, the Department has been assigned with the task of providing sanitation
services to the informal and all other areas that do not have proper sanitation service.
Additional chemical toilets were therefore provided, and scope of work extended, it
was for that reason that the budget allocated for 2020/2021 financial year was
exhausted. The Unit allocated a budget of R18 Million (Eighteen Million Rand) in the
2020/2021 financial year for the hire and serving of Portable Chemical Toilets to areas
that do not have sanitation. The intention is to continue with the hire and deliver of up
to two thousand (2 000) chemical toilets in various Wards within the eThekwini
Municipality and, an amount of R10 000 000.00 (Ten Million Rand) is required to
complete the project.
At the Support Committee level, with 34 Councillors present, 23 Councillors
(ANC - 19, IFP - 2, IND - 1 and EFF - 1) voted in support of the recommendations and
11 Councillors (DA - 11) abstained.
At the Executive Committee, a submission was made that there is a need for the
chemical toilets and increased sanitation services to areas where there are no proper
sanitation services, predominantly during the pandemic period. However, some
members expressed reservation that funds were being transferred from the vote
dedicated for VIP toilets emptying while this service was equally critical and with
some challenges having been experienced in the past with the backlog in VIP toilets
emptying.
Clarity was given that transfer of funds has been informed by time factor since
although funding for VIP toilets emptying was available, this could not be spent since
contract has expired and the supply chain management process is currently underway it- 3216 - (eThekwini Municipality
Council Minutes - 2021-02-25)
being anticipated it will be completed in June 2021. As such, it was considered prudent
to reallocate funding since it was impractical to utilise during the current financial year.
On the other hand, confirmation was given that alternative solutions were available to
attend to any pressing needs for VIP toilets emptying. This included utilization of
internal resources, which, in the long-run, was also in preparation to suspend
outsourcing of this service but to be undertaken in-house.
Explanation was thereafter noted with a proposal put forward that internal capacity
be strengthened for key service delivery matters. That timeframes be attached
to dealing with the insourcing process. Notwithstanding the explanation, the two (02)
Democratic Alliance (DA) Members abstained on the matter; five (05) African
National Congress (ANC) Members; and one (01) Inkatha Freedom Party Member
being in support,
COMMITTEE RECOMMENDS:
1.13.1 That authority be granted for the transfer of funds in the approved 2020/2021
eThekwini Water and Sanitation Operating Budget to Project No.: 1P-18780 : Hire and
Servicing of Portable Chemical Toilets as indicated below:
Project fund to be Business Unit Project funds to Business Amount to be
transferred from be transferred to Unit transferred
(Excl. VAT)
VIP Emptying 10670.12 Hire of Toilets 10670.11 R10 000 000
R10 000 000
1.13.2 That subject to the approval of .1 above, authority be granted to the Deputy City
Manager: Finance to include in the adjustment budget report the transfer of funds
for 2020/21 financial year.
Cost Centre/Project No IP18780
FC No.: 20/363/14
While some Councillors were not in support of the above-mentioned recommendations of the
Executive Committee and with majority of the Councillors being in favour thereof, the matter was
put to the vote.
With 178 Councillors present, 123 Councillors (ANC – 110, IFP – 8, , IND – 3, DLC – 1 and
AL JAMAH-AH – 1) voted in favour of the recommendations and 55 Councillors (DA – 47,
EFF – 6, ACDP – 1 and MF – 1) abstained. No dissention were recorded.
The above recommendations of the Executive Committee were, by the majority vote, ADOPTED.
1.14 Adjustment Budget for the Human Settlements Unit (7/1/2/2):
(Page L104: Human Settlements and Infrastructure Committee - Agenda
2021-02-02)
At the Support Committee level, with 34 Councillors present, 23 Councillors
(ANC - 19, IFP - 2, Ind - 1 and EFF - 1) voted in support of the recommendations and
11 Councillors (DA - 11) abstained.
Then, at the Executive Committee level, the (02) DA Members abstained on the matter;
(05) ANC Members; and (01) IFP Member, being in support,- 3217 - (eThekwini Municipality
Council Minutes - 2021-02-25)
COMMITTEE RECOMMENDS:
1.14.1 That the Adjustment Budget for the Human Settlements Unit as set out in the report
of the Head: Human Settlements and an additional amount of R100 000 000.00
(One Hundred Million Rand) to be sourced from City’s savings, be approved.
1.14.2 That it be noted that the Adjustment Budget for the Human Settlements Unit will be
incorporated in the Council meeting scheduled for February 2021 adjustment budget.
While some Councillors were not in support of the above-mentioned recommendations of the
Executive Committee and with majority of the Councillors being in favour thereof, the matter was
put to the vote.
With 177 Councillors present, 113 Councillors (ANC – 110 and IND – 3) voted in favour of the
recommendations and 55 Councillors (DA – 47 and IFP – 8,) abstained, 9 abstentions (EFF – 6,
ACDP – 1, DLC – 1 and MF – 1) were recorded.
The above recommendations of the Executive Committee were, by the majority vote, ADOPTED.
2. REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE:
MEETING HELD ON 2020-02-10
(Page R9)
2.1 Reprioritization of City Administration Unit 2020/2021 Capital Budget for Various
Capital Upgrades and Projects (7/1/2/1):
(Page 11 : Governance and Human Resources Committee - Agenda 2021-02-10)
Authority is sought to reprioritize the City Administration Unit Capital budget to fund
critical upgrade and maintenance work in City Hall. It is acknowledged that City Hall
is the heritage building and the Municipal Headquarters thus a need to keep the
building in good standard and to achieve necessary compliance requirements. Capital
Budget reprioritization will ensure availability of funds to undertake upgrade and
maintenance work thus addressing identified risks; ensuring compliance with building
regulations, health and safety requirements as well as enhancing operations.
Accordingly,
COMMITTEE RECOMMENDS:
That authority be granted to reprioritize the 2020/21 City Administration Unit Capital
Budget to make available funding in the amount of R1 161 000.00 (One Million One
Hundred and Sixty One Thousand Rand) for the identified upgrades/maintenance
works in City Hall, as indicated in the table below:
FUNDS REQUESTED FUNDED FROM
Project Description Estimated Project Description Amount
Amount
Substation upgrade : (Professional R 300 000.00 Auditorium Floor R 250 000.00
Fees) replacement,
Toilet revamp R 50 000.00
Replacement of CCTV/Cables R 111 000.00 UPS at City Hall R 111 000.00
Installation of COVID-19 Screens R 150 000.00 Auditorium floor R 150 000.00
replacement
Upgrade/Renovations: City Hall Office R 300 00.00 Upgrading of pipes at R 300 000.00You can also read
