council minutes for approval at - tshwane calendar...1 council minutes for approval at the 41st...

1

COUNCIL MINUTES FOR APPROVAL AT THE 41st COUNCIL MEETING OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY (THIRD TERM OF THE CITY OF TSHWANE), TO BE HELD ON 26 FEBRUARY 2015 AT 10:00.

Council Meeting of the City of Tshwane Metropolitan Municipality held on 29 JANUARY 2015 at 10:00.

2

MINUTES of the Council Meeting of the

CITY OF TSHWANE METROPOLITAN MUNICIPALITY

(THIRD TERM OF THE CITY OF TSHWANE)

held in the Council Chamber, Sammy Marks Conference Centre, cnr Lilian Ngoyi and Madiba Streets, Pretoria, on THURSDAY, 29 JANUARY 2015 at 10:00.

3

COUNCILLORS PRESENT: COUNCIL MEETING: 29 JANUARY 2015

ANC:

PROPORTIONAL

1. Ramokgopa, KD (Executive Mayor) 2. Mosupyoe-Letsholo AWMK (Speaker) 3. Mabona SJ (Chief Whip of Council) 4. Boshomane MJ 5. Buthelezi MM 6. Chauke D 7. Dlamini LB 8. Ernest T 9. Fleming DL 10. Guduza TE 11. Huma SE 12. Kekana RJ 13. Khalo T (Prof) 14. Lebese OS 15. Lehobye DJ 16. Lekgema PL 17. Mabiletsa MD 18. Mabusela TE 19. Majola DE 20. Makaung AS (Special leave) 21. Tyobeka-Makeke NP 22. Makitla NB 23. Marema MP 24. Masango JM 25. Mashaba PF 26. Mashego RT 27. Mathafa OM 28. Mathenjwa N 29. Matjila MG 30 Maseko NE 31. Mkhize J 32. Mmoko TE 33. Modise S 34 Mohlala RJB 35. Mojela DL

36. Moselelane SEP 37. Mosime DW 38 Mosito DB 39. Motsei MV 40. Mthethwa SD 41. Muller JD 42. Ndlovana AA 43. Ngobeni JM 44. Ngobeni SM 45. Ngonyama JJ 46. Ngwezi AA (Prof) 47. Nhlapo EN 48. Phasha SM 49. Pillay S 50. Sebopa MI (Apology) 51. Zitha PB

4

WARD 52. Aphane MJ 53. Baloyi JK 54. Baloyi RW 55. Boroto AS 56. Essop M 57. Hlatshwayo PB 58. Katake NS 59. Komani NJ 60. Kwenda-Sesoko LH 61. Ledwaba DC 62. Mabelane VP 63. Mabena MJ 64. Mabona AD 65. Mahlase CM 66. Majeng PL 67. Makgatho JT 68. Makola MA 69. Malapane ND 70. Maluleka AM 71. Mampheko AM 72. Maredi F 73. Mareme MS 74. Marishane MS 75. Marobane MA 76. Marole LP 77. Marotola MS 78. Maseko PL (Apology) 79. Mashola MS 80. Masilela JK 81. Masombuka JB 82. Masupha NR 83. Matentjie JH 84. Mathe D 85. Matshela TP 86. Mbele FNJ 87. Mlotshwa ME 88. Mogale JM 89. Moganedi LP (Absent) 90. Mogoboya NP 91. Mokgothadi RMH

92. Montlha SP 93. Morudu MGR 94. Motsepe RH 95. Musehane ME 96. Ngwenya CB 97. Ngobeni LM 98. Ngobeni MR 99. Nkosi JB 100. Nkosi FE 101. Ntuli JC 102. Phahlane AK 103. SB Phiri (Special leave) 104. Rallele M 105. Rambau TV 106. Rammushi JP 107 Ringane MB (Absent) 108. Sebata TA 109 Sebotsane MP 110. Sekonya MD 111. Sibanyoni JN 112. Sibaya J 113. Sindane JM 114. Sithole ST 115. Thobejane EM 116. Tlometsane SP 117. Tsela CD 118. Tshabalala ES

5

DA : PROPORTIONAL

1. Brink C 2. Bosch C 3. Campbell AW 4. Duvenage Y 5. Dzumba KY 6. Erasmus DJ 7. Fourie M 8. Fourie S 9. Jacobs MJ 10. Jansen J 11. Joosub U 12. Khumalo ZC 13. Lee TW 14. Maake MR 15. Maas S (Apology) 16. Mampuru MM 17. Mashego JD 18. Mathibedi LR 19. Millar PE 20. Minnie KJ 21. Mnguni DSL 22. Mokhoto NL 23. Mokonyane KR 24. Moss D

25. Motau LG 26. Motsaneng S 27. Mkhari M 28. Napo MM 29. Ncube AB 30. Ndlovu FC 31. Ngwenya MA 32. Nortje HJ 33. Osman AQ (Apology) 34. Peach WD 35. Pietersen IJ 36. Pretorius GC 37 Ramohoebo M 38. Rens SD 39. Shackleton MS 40. Topham BR 41. Uys R 42. Van den Heever CM 43. Visser GP 44. Weber H 45. Welmans LJ

WARD 46. Aucamp, MGW 47. Aucamp, M 48. Baker, DC Prof 49. Barendrecht, JW 50. Bekker CF 51. Bosch VA 52. Boshoff CH 53. Chapman BW 54. Coetzee JJ 55. Du Plooy J 56. Engelbrecht BA 57. Erasmus GM 58. Fourie HF 59. Fourie PJ 60. Fourie RP 61. Kruger Muller ME 62. Linde E 63. Louw E 64. Mc Donald CN

65. Meyer K 66. Middelberg AWF 67. Muller S 68. Napier CJ (Prof) 69. Nel E 70. Pascoe NC 71. Prinsloo CD (Adv) (Apology) 72. Smith FJ 73. Singh I 74. Spoelstra JC 75. Strijdom CE 76. Sutherland M 77 Sutton P 78. Swanepoel DJ 79. Van der Walt PA 80. Van Niekerk AM 81. Wannenburg DG 82. Wannenburg BJ

6

FF+:

PROPORTIONAL 1. Erasmus, LA 2. Erasmus, BHJ 3. Du Plooy IP 4. Uys, PD

COPE:

PROPORTIONAL 1. Babane, TJ 2. Mathebe, RK (Apology)

ACDP:

PROPORTIONAL 1. Kissoonduth, A

AZAPO:

PROPORTIONAL 1. Lesufi, ML

PAC:

PROPORTIONAL 1. VACANT

APC:

PROPORTIONAL 1. Mathebula, TK

REPRESENTATIVES FROM THE TRIBAL AUTHORITIES 1 Amandebele Ba Lebelo NOT IN ATTENDANCE 2. Amandebele Nzunza Sokhulumi KE Nakedi

7

MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 29 JANUARY 2015

Order of business of the Council Meeting convened in terms of Section 2 (read with Section 8) of the Rules and Orders:

INDEX

Pages

A. OPENING: PRAYER OR MEDITATION …………………………………... 12 B. APPLICATIONS FOR LEAVE OF ABSENCE …………………………..… 13 C. OFFICIAL NOTICES …………………………………………………………. 14 D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER

PROPOSALS ALLOWED BY THE SPEAKER ……………………………... 15-17 E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS

COUNCIL MEETINGS: ………………………………………………………… 18-19

• Ordinary Council : 27 November 2014

• In Committee meeting: 27 November 2014

• Special Council: 3 December 2014

• Special Council: 10 December 2014

8

MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 29 JANUARY 2015 F. REPORTS TO THE COUNCIL (a) REPORTS OF THE EXECUTIVE MAYOR (i) RECOMMENDATIONS TO COUNCIL PART IV: FROM THE SPECIAL MAYORAL COMMITTEE MEETING: 23 JANUARY 2015 INDEX

PAGES

(The recommendation appears on the page indicated in brackets) 1. City Strategies and Performance Management Department

Annual report for financial year 2013/14 (From the Mayoral Committee: 14 January 2015 and the Special Mayoral Committee: 20 January 2015 and the Special Mayoral Committee of 23 January 2015) ……….. 22-24

PART I: FROM THE MAYORAL COMMITTEE MEETING: 12 NOVEMBER 2014

2. City Planning and Development, Services Infrastructure, and Transport Departments Report on the exemption of bulk services contributions on various M&T Townships Development within the Orchards West Area (From the Mayoral Committee: 12 November 2014) …………. 25-26

PART II: FROM THE MAYORAL COMMITTEE MEETING: 14 JANUARY 2015 3. Group Financial Services Department

Corporate monthly financial report for the period ended 31 October 2014 (From the Mayoral Committee Cluster: Governance: 4 December 2014 and the Mayoral Committee: 14 January 2015) ……………………………………………………. 27

4. Group Financial Services Department

Exemption, reductions and rebates granted to ratepayers during the 2013/14 financial year (From the Mayoral Committee Cluster: Governance: 4 December 2014 and the Mayoral Committee: 14 January 2015) ………….. 28


Progress report on the implementation of the 2013/2017 valuation roll resultant from the second general valuation process in terms of the Municipal Property Rates Act, 2004 (Act No 6 of 2004) (From the Mayoral Committee Cluster: Governance: 4 December 2014 and the Mayoral Committee: 14 January 2015) ………… 29

9

6. Group Financial Services Department Corporate monthly financial report for the period ended 30 November 2014 (From the Mayoral Committee: 14 January 2015) …………… 30


(Treasury Office) Long term debt of 2014/15 Capital Program Information Statement – Municipal Finance Management Act (MFMA) (Act 56 of 2003) Compliance Requirement (From the Mayoral Committee: 14 January 2015) …………… 31

8. City Planning and Development Department

Tshwane Inner City Regeneration Strategy: West Capital Urban Design guidelines (From the Mayoral Committee Cluster: Infrastructure and Planning: 4 December 2014 and the Mayoral Committee: 14 January 2015) …………………………………………………….. 32

9. Economic Development Department

Report of the review of the City of Tshwane Street Trading By-Law (From the Mayoral Committee Cluster: Infrastructure and Planning: 19 November 2014 and the Special Mayoral Committee: 21 November 2014 and the Mayoral Committee: 14 January 2015) ……………………………………… 33

PART III: FROM THE SPECIAL MAYORAL COMMITTEE MEETING: 20 JANUARY 2015 10. Group Financial Services Department

Grants and subsidies progress report for the period ended 31 December 2014 (From the Mayoral Committee: 14 January 2015 and the Special Mayoral Committee: 20 January 2015) ………. 34

11. Group Financial Services Department Municipal Finance Management Act (MFMA): In-year financial report: (1) Monthly and Second Quarter Budget Statement for the period ended 31 December 2014; and (2) Mid-Year Budget Assessment (From the Mayoral Committee: 14 January 2015 and the Special Mayoral Committee: 20 January 2015)…………. 35-36

12. Office of the Executive Mayor

(Shareholder Operations) Tshwane Economic Development Agency (TEDA) revised 2014/15 Business Plan (From the Special Mayoral Committee: 20 January 2015) …….. 37

10

13. Office of the Executive Mayor

(Shareholder Operations) Mid-Year Budget and Performance Assessment in terms of Section 88 of the Municipal Finance Management Act, 2003, for Municipal Owned Entities (July to December 2014)

(From the Special Mayoral Committee: 20 January 2015) ………… 38-39

14. City Strategies and Performance Management Department Progress report: 2014/15 Integrated Development Plan (IDP) and Medium Term Revenue and Expenditure Framework (MTREF) Process Plan (From the Mayoral Committee Cluster: Governance: 15 January 2015 and the Special Mayoral Committee: 20 January 2015) ……………………………………………..…………. 40

15. Corporate and Shared Services Department

(Corporate Property and Logistical Services) Corrective report: Proposed sale of several municipal properties by way of auction (From the Special Mayoral Committee: 20 January 2015) …………. 41

PART IV: FROM THE SPECIAL MAYORAL COMMITTEE MEETING: 23 JANUARY

2015 16. Group Financial Services Department

Mid-Year (Section 72) performance report for financial year 2014/15 (From the Mayoral Committee: 14 January 2015 and the Special Mayoral Committee: 20 January 2015 and the Special Mayoral Committee of 23 January 2015) ……..… 42

(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE ……………………. 43 There were none (b)(i) REPORTS OF OVERSIGHT AND STANDING COMMITTEES REPORTING

DIRECTLY TO THE COUNCIL

RECOMMENDATIONS TO THE COUNCIL

A. FROM THE SECTION 79 STANDING COMMITTEE: RULES AND ETHICS: 23 JANUARY 2015

1. Office of the Speaker

Interpretation of Sections 19(4) and 21 of the Rules and Orders during the Special Council meeting of the 10 December 2014 (From the Section 79 Standing Committee: Rules and Ethics: 23 January 2015) ………………………………………… 45

11


The legality of the Special Council meeting held on the 10 December 2014 (From the Section 79 Standing Committee: Rules and Ethics: 23 January 2015) ………………………………………… 46

(b)(ii) RESOLUTIONS BY OVERSIGHT AND STANDING COMMITTEES REPORTING TO COUNCIL

B. SECTION 79 STANDING COMMITTEE: PETITIONS: 20 NOVEMBER 2014 ………….…………………………………. 47 B.1 SECTION 79 STANDING COMMITTEE: PETITIONS: INSPECTION-IN-LOCO: 25 NOVEMBER 2014 ……………..… 48

G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN …..………… 49-54 H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS

MEETING ……………………………………………………………….… 55

I. NEW MOTIONS ………………………………………………………….. 56

J. PETITIONS ……………………………………………………………….. 57 K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF

THE MEETING, AT THE DISCRETION OF THE SPEAKER ………. 58-59

1. Office of the Speaker 2014/5 Ward Delimitation Process in Preparation for 2016 Local Government Elections ………………………………………. 59

L. CONCLUSION …………………………………………………………… 60

12


A. OPENING: PRAYER OR MEDITATION

The Speaker, Cllr AWMK Mosupyoe-Letsholo, welcomed all present by requesting members to observe a moment of silence.

The Speaker further expressed a special word of welcome to all the guests invited to

Council in terms of Section 130 of the Municipal Finance Management Act for the purposes of the Annual Report.

The Speaker furthermore on behalf of Council congratulated the Executive Mayor,

Kgosientso Ramokgopa, on his marriage that coincided with his birthday on the 25 January 2015.

13

B. APPLICATIONS FOR LEAVE OF ABSENCE

The Chief Whip of Council in accordance with powers delegated to him submitted the approved leave of absence of the following Councillors: LB Dlamini PL Maseko SB Phiri (Special leave) AS Makaung (Special leave) MI Sebopa AQ Osman Adv CD Prinsloo S Maas RK Mathebe (Remark: As no leave of absence was presented for the following Councillors, they be deemed absent without leave: MB Ringane LP Moganedi

14

C. OFFICIAL NOTICES There were none.

15

D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER PROPOSALS ALLOWED BY THE SPEAKER

1. CONFERMENT OF ALDERMANSHIP ON THE EXECUTIVE MAYOR, CLLR

KGOSIENTSO RAMOKGOPA

The Speaker explained that due to other pressing commitments the Executive Mayor could not be at the Special Council meeting which started at 09:00 for the purposes of receiving his Aldermanship as approved by Council and, it was therefore prudent to confer on him the Aldermanship at this ordinary Council meeting. She further indicated that given that the conferment of the Chief Whip of Council, MMC S Pillay and MMC T Mmoko could also not be done at the Special Council meeting, they be conferred at this Ordinary Council meeting.

Hereafter the Speaker indicated that after consultation with the Executive Mayor as far as his conferment was concerned, his conferment would be held in abeyance to enable him to apply his mind on the matter and report back in this regard at the Special Council meeting convened for 11 February 2015.

Subsequently the Speaker requested the Executive Mayor, the Chief Whip, MMC S Pillay and MMC T Mmoko to join her on the floor in front of the Podium to receive their token and certificates as conferment of Aldermanship. After the Speaker had handed the token and certificate to the Chief Whip, MMC Pillay and MMC Mmoko respectively, she gave the Executive Mayor an opportunity to address Council on the conferment to be made on her. Hereafter, the Speaker congratulated all who have been conferred with the honour.

2. LATE BUT URGENT REPORTS IN TERMS OF LEGISLATION

The Speaker explained that the urgent reports contained in Parts III and IV of the agenda were received from the Office of the Executive Mayor, on 22 and 23 January 2015 respectively and were delivered to Councillors on SharePoint on 23 January 2015. She further explained that the reports were all urgent and would serve in the Council meeting.

The Speaker furthermore indicated that the Executive Mayor would also speak on these reports when submitting his reports to Council.

3. LATE REPORTS ALLOWED BY THE SPEAKER IN TERMS OF SECTION 8(1)(k)

OF THE RULES AND ORDERS

The Speaker explained that Section 8(1)(k) of the Rules and Orders provides for reports/matters not contained in the notice of the Council meeting to be allowed at the discretion of the Speaker.

16

The Speaker further indicated that she had allowed the following report to be considered for cognisance in terms of the said provision of the Rules and Orders:

• 2014/15 Ward Delimitation Process in Preparation for 2016 Local Government Elections

The Speaker furthermore informed Council about the new Ward boundaries that were placed at the Auditorium and the foyer to enable Ward Councillors to fully comprehend the dynamics of the intended Ward delimitation. She added that these maps would also be available in the HB Phillips Building, 6th floor boardroom until 11 March 2015.

The Speaker further indicated that the abovementioned report would be dealt with towards the end of the agenda.

4. DETERMINATION OF UPPER LIMITS OF SALARIES, ALLOWANCES AND

BENEFITS OF MEMBERS OF MUNICIPAL COUNCILS

The Speaker explained that in terms of Section 7(1) of the Remuneration of Public Office Bearers Act, the Minister of Cooperative Governance and Traditional Affairs must determine the Upper Limit of Salaries and Allowances of the different Members of Council. She further explained that the Minister is required to consult with the MECs for CoGTA in all provinces and take into account the recommendations of the Independent Commission of the Remuneration of Public Office Bearers in this regard. The Speaker furthermore indicated that discussions between SALGA, Minister of CoGTA and the Office of the President have not as yet been finalised to enable the Minister of CoGTA to proclaim the Upper Limits and that the report on Upper Limits would serve in Council immediately when the process is completed.

5. SPECIAL COUNCIL: 11 FEBRUARY 2015 TO CONSIDER PRESSING ISSUES

(a) Ward Committee By-law

The Speaker explained that the report on the Ward Committee By-law would be submitted to the Special Council meeting on 1 February 2015 in order to allow certain legislative process to unfold and also to enable the Committee chaired by Chip Whip to scrutinize all inputs / comments made during the Special Council meeting of 3 December 2015.

(b) Out of Pocket Expenses for Transitional Ward Based Consultative Forums

(TWBCF)

The Speaker indicated that a report on the external legal opinion on the payment of out of pocket expenses to members of the interim structures would serve at the Special Council meeting 11 February 2015 upon receival of the legal opinion from the Senior Counsel of the Municipality.

17

(c) Proposed 2014/2015 Adjustments Budget

The Speaker explained that the Proposed 2014/2015 Adjustments Budget was currently under scrutiny by the Executive Mayor and as such a report in this regard would be submitted to the Special Council meeting of 11 February 2015 in order to comply with the provisions of Section 28 of the Municipal Finance Management Act read with the Municipal Budget and Reporting Regulation which requires that the Executive Mayor must table the Adjustments Budget in Council by not later than 28 February of each year.

6. CONDOLENCES TO THE CHAPMAN FAMILY AND BEST WISHES TO THE EXECUTIVE MAYOR

Alderman GC Pretorius, with the permission of the Speaker, informed Council about the recent demise of Cllr Chapman’s father and on behalf of the DA expressed words of condolences to the family. He further on behalf of the DA congratulated the Executive Mayor on his marriage that coincide with his birthday on 25 January 2015, and further wished him and his wife a blessed future.

7. VIOLENT ATTACKS ON FOREIGN NATIONALS Cllr C Brink, with the permission of the Speaker, on behalf of the DA condemned the recent violent attacks on foreign nationals throughout the country and further expressed words of condolences to families who lost their loved ones in this regard, and indicated that all legal migrants should be welcomed.

18

E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS COUNCIL MEETINGS:

• ORDINARY COUNCIL: 27 NOVEMBER 2014

RESOLVED:

That the minutes of the Ordinary Council meeting held on 27 November 2014, be approved and confirmed.

• IN COMMITTEE ORDINARY COUNCIL: 27 NOVEMBER 2014

During consideration of the abovementioned minutes on 27 November 2014, the Speaker explained the processes in dealing with the said minutes, i.e. in compliance with Section 9(3) of the Rules and Orders: The Portion of the Minutes of Council meeting containing the In Committee deliberations and resolutions passed on item 2, ‘Authorisation of further Suspension of certain Senior Managers Directly Accountable to the City Manager’, was-

- marked Confidential: Not for Publication.

- was distributed only to all Alderwomen, Aldermen, Councillors, the City

Manager and the Strategic Executive Head: Secretariat of Council.

- Was indicated as minutes of a Council In Committee

Subsequently, the Speaker ruled that Council resolve itself into Committee and then put the portion of the minutes of the In Committee Ordinary Council meeting for approval. It was thereafter resolved as set out below. RESOLVED: That the portion of the minutes of the Ordinary Council In Committee meeting held on 27 November 2014 be approved subject to the following amendment: That the name of Cllr SE Huma be reflected under the list of Councillors who were present at the meeting.

• SPECIAL COUNCIL MINUTES: 3 DECEMBER 2014

During consideration of this item by Council on 29 January 2015 the Speaker requested that the following correction be effected on page 18 of the minutes in relation to resolution 7 of item 1. “Status of the Ward Committee System of the City of Tshwane” whereafter Council acceded to the said request:

19

‘7. That the City Manager has requested to obtain an external legal opinion on the payment of any out of pocket expenses/stipends to the Members of the interim structures (see Annexure B) for their sacrifice of time and partnering actively with the City of Tshwane to pursue its developmental agenda, and that a report in this regard be submitted to Council in January 2015.’

• SPECIAL COUNCIL MINUTES: 10 DECEMBER 2014 RESOLVED: That the minutes of the Special Council meeting held on 10 December 2014 be approved subject to the following amendment: Page 8, under Opening, the very first sentence be corrected to read as follows: “The Acting Speaker, Cllr RJ Kekana, welcomed all present…….” (Remark: At the Council meeting of 29 January 2015, Cllr M Aucamp on behalf of the DA indicated that the DA was disputing the attendance register and the quorum of the above mentioned meeting (Special Council meeting: 10 December 2014) and further requested that their dissenting vote against the approval of these minutes be registered. She further mentioned that a case of fraud has been laid with the South African Police Service against the responsible office bearers who declared the quorum of this particular meeting).

20

At this point, the Speaker again welcomed the following guests invited to the meeting for purposes of guiding Council through the 2013/2014 Annual Report of the City of Tshwane as contained in Part IV, item 15 of the agenda and thereafter introduced them individually to Council:

a) Office of the Auditor-General

The team was represented by Mr Mahomed Moosa and Mr Zakaria Kajee, seated on the podium.

b) Acting Chairperson of the Audit and Performance Committee of the CoT and its

Municipal Entities, Mr Piet Fourie, seated on the podium. c) National Treasury

Ms Nozipho Molikoe, Director: Local Government Budget Analysis, seated in the Gallery

d) Gauteng Treasury

Ms Seipati Tsiu, Director: Municipal Compliance and Mr Yunus Gregory, seated in the Gallery

e) Department of Local Government and Housing Gauteng

Ms Ray Halim, seated in the Gallery f) Department of Cooperative Governance and Traditional Affairs

Ms Selaelo Ramohlale and Ms Sekedi Thenga, seated in the Gallery Hereafter, in order to accommodate the guests, the Speaker brought forward the City of Tshwane Annual Report 2013/2014 contained as item 15 of the agenda. The Speaker thereafter called upon the Executive Mayor to submit reports from the Mayoral Committee to Council for consideration and officially table the 2013/2014 Annual report of the City of Tshwane.

21

F. REPORTS TO COUNCIL The Executive Mayor welcomed all present in the meeting in particular the guests who were invited to Council in order to guide Council on the 2013/2014 Annual Report of the CoT. Hereafter the Executive Mayor submitted reports from the Mayoral Committee to Council as contained in Parts I, II, III and IV and officially tabled the 2013/2014 Annual Report for consideration. After the Executive Mayor officially tabled the Annual Report, the Speaker called upon the representative from the Office of the Auditor General to guide the Council through the Auditor General’s Audit report on the CoT 2013/2014 financial year. (See item 1 of these minutes)

.

22


F. REPORTS TO THE COUNCIL (a) Reports of the Executive Mayor (i) Recommendations to Council Reference No 99079/1 Mayur Maganlal (0798) COUNCIL: 29 January 2015 1. CITY STRATEGIES AND PERFORMANCE MANAGEMENT DEPARTMENT

ANNUAL REPORT FOR FINANCIAL YEAR 2013/14 (From the Mayoral Committee Cluster: Governance: 15 January 2015 and the Special Mayoral Committee: 23 January 2015)

The purpose of the report is to table the Annual Report for the City of Tshwane and its entities for financial year 2013/14 in terms of the MFMA 127(2), and to seek approval of Council to make public the annual report and invite comments in terms of MFMA 127(5).

After the Executive Mayor officially tabled the 2013/2014 Annual Report to Council, the Speaker called upon Mr Mahomed Moosa, representative of the Office of the Auditor General, to present to and guide Council on the Auditor-Generals’ Audit report regarding the CoTs 2013/2014 financial year, whereafter the Acting Chairperson of the Audit and Performance Committee of the CoT and its Municipal Entities (APC) Mr Piet Fourie, responded to the AG’s audit report. During the Acting Chairperson of the APC’s response, he indicated, among others, the following: - That he will ensure that Oversight Committees Finance and Corporate

and Shared Services are involved during the process of the preparation of the Annual report in future.

- That communication strategy between MPAC and APC is improved.

- That emphasis will be put on the security of revenue project.

Hereafter the Speaker gave the following Councillors opportunity to raise clarity seeking questions, whereafter some were responded to by the representatives of the AG and Acting Chairperson of the APC respectively: AWF Middelberg M Fourie

23

S Muller (Among others enquired as to whether the Auditor General audited the CoTs financial statement with reasonable care and skill. On a point of order, MMC RT Mashego requested that only clarity seeking questions be asked and Councillors refrain from questioning the integrity of the Auditor General as this was in his opinion unacceptable. He thereafter requested Cllr Muller to withdraw her statement filing which the matter be referred to the Rules and Ethics Committee. Given that Cllr Muller did not withdraw, MMC S Pillay in support of MMC Mashego mentioned that in accordance with the relevant Rules and Orders, no Councillor must question the integrity of the Auditor General and also requested Cllr Muller to withdraw her statement failing which the matter be referred to the Rules and Ethics Committee.

Subsequently, the Speaker indicated that this matter would be referred to the Rules and Ethics Committee and further appealed to Councillors to refrain from questioning the integrity of the office of the Auditor General as such would be referred to the Rules and Ethics Committee.)

M Aucamp BA Engelbrecht CM van den Heever M Ramohoebo GP Visser C Brink CF Bekker MMC RT Mashego AWF Middelberg P Sutton ZC Khumalo D Moss WD Peach TK Mathebula TJ Babane OM Mathafa (in particular speaking on the procedure to be followed, namely

that all clarity seeking questions as recorded during this Council meeting will be forwarded to Section 79 Standing Committee: Public Accounts where the Auditor-General will respond to the questions.)

After receiving all clarity seeking questions, and after allowing responses thereto (the Speaker and the representative of the AG respectively indicated and confirmed that the clarity seeking questions will be dealt with in the meeting of the Section 79 Standing Committee: Public Accounts), the Speaker excused the representatives and guests from meeting and officially put the 2013/2014 Annual report to Council and further requested Councillors to also note the errata pages circulated to be read with the Annual report. It was thereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting)

24

RESOLVED: 1. That the Annual Report for the financial year 2013/14 be approved. 2. That the Office of the Speaker seek written public comment on the Annual

Report during February 2015 as per the approved process plan. 3. That the Annual Report be submitted for oversight processes and be

considered for approval during March 2015. (Remark: At the Council meeting of 29 January 2015, the Speaker congratulated the Executive Mayor on receiving an unqualified report from the AG, and explained that in order to comply with the provisions of Section 127(5) of the Municipal Finance Management Act the report be made available to members of the public who are invited to submit written comments to the municipality through the Office of the Speaker in line with recommendation 2.)

25

Augustine M Makgata / James Murphy /Hilton Vorster (3450) COUNCIL: 29 January 2015 2 CITY PLANNING AND DEVELOPMENT, SERVICES INFRASTRUCTURE,

AND TRANSPORT DEPARTMENTS REPORT ON THE EXEMPTION OF BULK SERVICES CONTRIBUTIONS ON VARIOUS M&T TOWNSHIPS DEVELOPMENT WITHIN THE ORCHARDS WEST AREA (From the Mayoral Committee: 12 November 2014)

The purpose of the report is: a) For Council to consider the request by M&T Development (Pty) Ltd, for

total exemption on Bulk Services Contribution on proposed townships developments in the Orchards west area.

b) For Council to note the capital investment cost implication for the City

relating to the proposed townships.

c) For Council to deliberate on the request made by M&T development and make a decision on this matter.

During consideration of this item by Council on 29 January 2015, the following Councillors participated in a debate: Prof CJ Napier S Muller Subsequently Cllr PA van der Walt seconded by Cllr CM McDonald proposed the following amendments:

(Unaltered)

“1. Delete all 4 recommendations 1. Add one recommendation:

That this item 1 be referred to the three oversight committees:

• For proper investigation of the financial and service delivery impact of the exemption of bulk service fees from any developer

• Guidelines on exemption be developed and submitted, as a policy, that will allow equal treatment of all developers

• A new report submitted to Council”

Following an address by MMC J Ngonyama on the matter, and since there was opposition to the proposed amendment by Cllr van der Walt, the Speaker put the said amendment to a vote and declared the results as follows: For the proposed amendment by Cllr Van der Walt: 80 Against the proposed amendment by Cllr Van der Walt: 108 Abstained: 1

26

In view of the above voting results, the proposed amendment by Cllr Van der Walt was not carried by Council. Subsequently, Alderman MS Marotola seconded by Cllr DW Mosime proposed the following amendment:

(Unaltered) “Insert the words “be” after the word “it” and “that” after the word

“report”. The amendment should therefore read as follows:

4. “That it be outlined in Section 5.5 of the report, that the City Manager be authorised to negotiate and sign the terms of the agreement with the developer.”

Following an address by Cllr Van der Walt, JW Barendrecht and MMC S Pillay on the above amendment, the Council acceded to Alderman Marotola’s proposal and it was thereafter resolved as set out below:

(A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That cognisance be taken of the contents of the report and the attached

annexures. 2. That the application made by M&T development be noted. 3. That Council approves on exemption of bulk services contribution, on phase 1

and 2 in order to catalyse development in the area. 4. That it be outlined in Section 5.5 of the report, that the City Manager be

authorised to negotiate and sign the terms of the agreement with the developer.

27

ST – B12/15 Umar Banda (8100) COUNCIL: 29 January 2015 3. GROUP FINANCIAL SERVICES DEPARTMENT

CORPORATE MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDED 31 OCTOBER 2014 (From the Mayoral Committee Cluster: Governance: 04 December 2014 and Mayoral Committee 14 January 2015)

The purpose of the report is: a) to provide a financial overview of the financial position of the municipality, as

well as the financial results regarding the operating and capital budgets, for the period ended 31 October 2014 in terms of Section 52(d) and Section 71 of the MFMA;

b) to provide comparative figures for the same period of the previous financial year, so as to determine whether there is a decline or an improvement in the outcomes for the current financial year versus the previous financial year;

c) to comply with Section 54 of the MFMA, regarding budgetary control and early identification of financial problems; and

d) to inform the municipal council of any impending shortfalls, overspending and overdrafts in terms of Section 70 of the MFMA.


RESOLVED: 1. That the financial results regarding the operating and capital budgets for the

period ending 31 October 2014 of the 2014/15 financial year, and the financial position of the municipality as well as the cash-flow status indicated in section 7 of the report as at 31 October 2014, in compliance to Section 52(d) and Section 71 of the MFMA, be noted.

2. That in compliance with Section 54 and 70 of the MFMA the under-collection on certain revenue groups, be noted.

3. That Departments put measures in place to recover the budgeted revenue and inform the City Manager, accordingly if this revenue will not be realised.

4. That in compliance with Section 54 and 70 of the MFMA the over-

expenditures on line-items of certain votes be addressed by the Departments concerned by implementing corrective measures in terms of the Budget Policy and/or obtaining the required Council approval.

(Remark: At the Council meeting of 29 January 2015, Cllr M Aucamp on behalf of the DA requested that their dissenting vote on the approval of this report be registered.)

28

Reference No 19115/1 Umar Banda (8110) COUNCIL: 29 January 2015 4. GROUP FINANCIAL SERVICES DEPARTMENT

EXEMPTION, REDUCTIONS AND REBATES GRANTED TO RATEPAYERS DURING THE 2013/14 FINANCIAL YEAR (From the Mayoral Committee Cluster: Governance: 04 December 2014 and the Mayoral Committee: 14 January 2015) The purpose of the report is to report on exemptions, reductions and rebates granted to ratepayers.


RESOLVED: That cognisance be taken of the total income forgone from granting ratepayers exemption, reductions and rebates in compliance with various provisions of the Municipal Property Rates Act 2004 (Act No. 6 of 2004 during the 2013/2014 financial year). (Remark: At the Council meeting of 29 January 2015, Cllr M Aucamp on behalf of the DA requested that their dissenting vote on the approval of this report be registered.)

29

Reference No 48142/1[079] Umar Banda (8110) COUNCIL: 29 January 2015 5. GROUP FINANCIAL SERVICES DEPARTMENT

PROGRESS REPORT ON THE IMPLEMENTATION OF THE 2013/2017 VALUATION ROLL RESULTANT FROM THE SECOND GENERAL VALUATION PROCESS IN TERMS OF THE MUNICIPAL PROPERTY RATES ACT, 2004 (ACT NO 6 OF 2004) (From the Mayoral Committee Cluster: Governance: 04 December 2014 and the Mayoral Committee: 14 January 2015) The purpose of the report is to provide an update on the second general valuation process that was undertaken in terms of the Municipal Property Rates Act, 2004, from which the City’s Valuation Roll for the period 1 July 2013 to 30 June 2017 was prepared and came into effect on 1 July 2013, and also an update on the objection process that emanated herefrom.


RESOLVED: That cognisance be taken of the current status of events post implementation of the City’s second valuation roll in term of the Municipal Property Rates Act (MPRA). (Remark: At the Council meeting of 29 January 2015, Cllr M Aucamp on behalf of the DA requested that their dissenting vote on the approval of this report be registered.)

30


CORPORATE MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDED 30 NOVEMBER 2014 (From the Mayoral Committee: 14 January 2014)

The purpose of the report is: a) to provide a financial overview of the financial position of the municipality, as

well as the financial results regarding the operating and capital budgets, for the period ended 30 November 2014 in terms of Section 52(d) and Section 71 of the MFMA;

b) to provide comparative figures for the same period of the previous financial year, so as to determine whether there is a decline or an improvement in the outcomes for the current financial year versus the previous financial year;

c) to comply with Section 54 of the MFMA, regarding budgetary control and early identification of financial problems; and

d) to inform the municipal council of any impending shortfalls, overspending and overdrafts in terms of Section 70 of the MFMA.


RESOLVED: 1. That the financial results regarding the operating and capital budgets for the

period ending 30 November 2014 of the 2014/15 financial year, and the financial position of the municipality as well as the cash-flow status indicated in section 7 of the report as at 30 November 2014, in compliance to Section 52(d) and Section 71 of the MFMA, be noted.

2. That in compliance with Section 54 and 70 of the MFMA the under-collection

on certain revenue groups, be noted. 3. That Departments’ put measures in place to recover the budgeted revenue

and inform the City Manager, accordingly if this revenue will not be realised. 4. That in compliance with Section 54 and 70 of the MFMA the over-

expenditures on line-items of certain votes be addressed by the Departments concerned by implementing corrective measures in terms of the Budget Policy and/or obtaining the required Council approval.


31

Reference No. ST-B12/23 – ST/F/9/8/2 Umar Banda (8100) COUNCIL: 29 January 2015 7. GROUP FINANCIAL SERVICES DEPARTMENT

(TREASURY OFFICE) LONG TERM DEBT OF 2014/15 CAPITAL PROGRAM INFORMATION STATEMENT – MUNICIPAL FINANCE MANAGEMENT ACT (MFMA) (ACT 56 OF 2003) COMPLIANCE REQUIREMENT (From the Mayoral Committee: 14 January 2014)

The purpose of the report is to submit a copy of the information statement together with particulars of anticipated debt cost and repayment information to the Council of long-term debt to the amount of R1,5 billion the City of Tshwane (CoT) intends to incur for the funding of the 2014/15 capital program in terms of the approved Capex program in order to comply with the requirements of the Municipal Finance Management Act (MFMA) (Act 56).


During consideration of this item by Council on 29 January 2015, and after Cllr Prof T Khalo addressed Council on this matter, it was resolved as set out below:

RESOLVED: 1. That the Council Resolution taken on 30 May 2014 where approval was

granted for the CoT to enter the capital market for the funding of the capital programmes for the 2014/15 financial year limited to an amount not exceeding R1,5 billion, be reaffirmed by Council.

2. That the Council approves the particulars of the proposed debt to the amount

not exceeding R1,5 billion, the purposes for which the debt is to be incurred as set out in the information statement as Annexure A together with the anticipated debt repayment schedules and anticipated total maximum cost in connection with such debt over the repayment periods attached as Annexures B, C and D to the report in order to comply with the requirements of Section 46(3)(a)(b) of the MFMA (Act 56 of 2003).

(Remark:

At the Council meeting of 29 January 2015, Cllr M Aucamp on behalf of the DA requested that their dissenting vote on the approval of this report be registered.)

32

Reference No 76044/1 Makgorometje Augustine Makgata (0940) COUNCIL: 29 January 2015 8. CITY PLANNING AND DEVELOPMENT DEPARTMENT

TSHWANE INNER CITY REGENERATION STRATEGY: WEST CAPITAL URBAN DESIGN GUIDELINES (From the Mayoral Committee Cluster: Infrastructure and Planning: 04 December 2014 and the Mayoral Committee: 14 January 2015) The purpose of the report is to provide the City with Urban Design Guidelines for the development of the West Capital Precinct in order to create a High Quality and Vibrant Mixed use Precinct in the CBD that will be in support of the Tshwane Rapid Transit System and the Tshwane Inner City Regeneration Strategy.


During consideration of this item by Council on 29 January 2015, and after Cllr FE Nkosi addressed Council on this matter, it was resolved as set out below:

RESOLVED: 1. That the Tshwane Inner City Regeneration Strategy: West Capital Urban

Design guidelines be approved. 2. That the West Capital Urban Design Guidelines must be used as a guideline

in the Evaluation and Development of future Projects to be developed in the West Capital.

33

Reference No 71710/1 Tembeka Mhlekwa (1354) COUNCIL: 29 January 2015 9. ECONOMIC DEVELOPMENT DEPARTMENT

REPORT OF THE REVIEW OF THE CITY OF TSHWANE STREET TRADING BY-LAW (From the Mayoral Committee Cluster: Infrastructure and Planning: 19 November 2014 and the Special Mayoral Committee: 21 November 2014 and the Mayoral Committee: 14 January 2015) The purpose for the report is to seek approval to review Tshwane Street Trading by-laws that will be equally applicable in all seven regions of the City of Tshwane, and approval that the by-law be subjected to public participation in line with the City of Tshwane’s policy on the review and rationalization of the by-laws

(A copy of the relevant report is filed with the official Minutes of this meeting) During consideration of this item by Council on 29 January 2015, and after Cllr AM Maluleka addressed Council on this matter, it was resolved as set out below:

RESOLVED: 1. That cognisance of the report be taken. 2. That approval for the review of the Street Trading by-law be granted. 3. That Council approves for the Draft Street Trading by-law to be subjected for

public participation. 4. That all key role players and stakeholders in Tshwane provide their

comments and inputs.

34

ST – B12/15 Umar Banda CA (SA) (8100/1) COUNCIL: 29 January 2015 10. GROUP FINANCIAL SERVICES DEPARTMENT

GRANTS AND SUBSIDIES PROGRESS REPORT FOR THE PERIOD ENDED 31 DECEMBER 2014 (From the Mayoral Committee: 14 January 2015 and the Special Mayoral Committee: 20 January 2015)

The purpose of the report was to inform Council of the progress in respect to performance of the various Inter-governmental Transfers and Grants for the period ended 31 December 2014 for the 2014/15 financial year.


During consideration of this item by Council on 29 January 2015, and after Cllr Prof T Khalo addressed Council on this matter, it was resolved as set out below:

RESOLVED:

1. That the financial progress of the various grants and subsidies for the period under review, as set out in section 7 of the report be noted.

2. That cognisance is taken of the non-receipt/delay of transfers and grants,

as set out in Table 5.1.1 of the report.

3. That cognisance is taken of the unspent transfers and grants, as set out in Table 6.3 read with section 7 of the report.

4. That the recipient Strategic Executive Directors (SEDs) of all transfers and

grants ensure that spending is effected as planned and reporting requirements to the respective transferring authorities are adhered to within the timeframes allocated.

5. That the recipient SEDs of all transfers and grants ensure that, the

outstanding grant revenue is recovered from the National or Provincial transferring authorities.

6. That all responsible Departments follow up and resolve any outstanding

documents/issues causing the delays in transfers are followed up and resolved.

(Remark:

At the Council meeting of 29 January 2015, Cllr M Aucamp on behalf of the DA requested that their dissenting vote on the approval of this report be registered.)

35


MUNICIPAL FINANCE MANAGEMENT ACT (MFMA): IN-YEAR FINANCIAL REPORT: (1) MONTHLY AND SECOND QUARTER BUDGET STATEMENT FOR THE

PERIOD ENDED 31 DECEMBER 2014; AND (2) MID-YEAR BUDGET ASSESSMENT (From the Mayoral Committee: 14 January 2014 and the Special Mayoral Committee: 20 January 2015)

The purpose of the report is:

• to comply with Sections 52(d), 71 and 72 of the MFMA, by the provision of a statement to the Executive Mayor containing financial particulars in accordance with Schedule C of the Municipal Budget and Reporting Regulations; and

• to seek approval of the “In-year” report (budget statement) for the period ending 31 December 2014.

During consideration of this item by Council on 29 January 2015, the following Councillors participated in a debate: M Fourie (among others, indicated that someone else but the City of Tshwane

was benefiting from the electricity pre-paid meters. On a point of order, Cllr Prof T Khalo requested Cllr Fourie to provide proof in this regard failing which she must withdraw her statement. Since Cllr Fourie could not provide the necessary proof nor withdraw her statement, the Speaker indicated that this matter will be referred to the Rules and Ethics Committee for consideration)

CM van den Heever AWF Middelberg BR Topham MMC RT Mashego Alderman GC Pretorius Alderman HF Fourie KD Ramokgopa (Executive Mayor) It was thereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting)

36

RESOLVED: 1. That, in compliance with, Section 52(d) and Section 71 of the MFMA and in

terms of Government Notice 32141 dated 17 April 2009, regarding the “Local Government: Municipal Finance Management Act 2003 Municipal Budget and Reporting Regulations” the financial results regarding the operating and capital budgets for the period 1 July 2014 to 31 December 2014 of the 2014/15 financial year, and supporting documents as required by National Treasury (Schedule C) be considered by the Executive Mayor and be noted by Council.

2. In order to comply with Section 31(1) of the Government Gazette No 32141

of 17 April 2009 this report be submitted to the National Treasury and the relevant Provincial Treasury within five (5) days of tabling of the report in the council, in both a Council approved document and in electronic format.

3. That, in compliance to Section 72 of the MFMA, the ‘In-year’ report also

serves as the mid-year budget review for the period ending 31 December 2014.

4. That cognisance be taken of MFMA Circular No. 74 issued by National

Treasury on 12 December 2014, relating to funding choices and management issues with specific reference to “Cost containment measures” and “Eliminating non-priority spending” as cited in MFMA Circular No 70.

5. That an Adjustments Budget for the 2014/15 financial year is justified, based

on the following necessities:

(a) To adjust operating revenue sources in-line with performance trends;

(b) To accommodate GRAP related provisions; (c) To authorise the utilisation of projected savings in one vote

towards spending under another vote; and (d) To facilitate the inclusion of additional/rollover grant funding and

the removal of retracted grant funding.

37

Reference No 20107/1 Ernest Shozi (0875) COUNCIL: 29 January 2015 12. OFFICE OF THE EXECUTIVE MAYOR

(SHAREHOLDER OPERATIONS) TSHWANE ECONOMIC DEVELOPMENT AGENCY (TEDA) REVISED 2014/15 BUSINESS PLAN (From the Special Mayoral Committee: 20 January 2015) The purpose of the report is to request approval from Council for the amended/revision of the 2014/15 Business Plan for Tshwane Economic Development Agency. The revised 2014/15 TEDA's Business Plan is attached as Annexure A. (A copy of the relevant report is filed with the official Minutes of this meeting) During consideration of this item by Council on 29 January 2015, and after Cllr PA van der Walt addressed Council on this matter, it was resolved as set out below:

RESOLVED: That the revised 2014/15 Business Plan of TEDA be approved.

38

Reference No 59927/1 Ernest Shozi (0875) COUNCIL: 29 January 2015 13. OFFICE OF THE EXECUTIVE MAYOR (SHAREHOLDER OPERATIONS)

MID-YEAR BUDGET AND PERFORMANCE ASSESSMENT IN TERMS OF SECTION 88 OF THE MUNICIPAL FINANCE MANAGEMENT ACT, 2003, FOR MUNICIPAL OWNED ENTITIES (JULY TO DECEMBER 2014) (From the Special Mayoral Committee: 20 January 2015) The purpose of the report is to present the Mid-year Budget and Performance Assessment (MBPA) in terms of Section 88 of the Municipal Finance Management Act, 2003 (MFMA) for the City of Tshwane Municipal Entities for 2014/15 financial year, being July to December 2014. The mid-year budget and performance assessment reports for the TEDA,SWA and HCT and attached as annexures A,B, & C respectively.

IT WAS RECOMMENDED (TO THE COUNCIL: 29 JANUARY 2015): 1. That the assessment as detailed in the contents of the report be accepted as

a reflection of the performance of Sandspruit Works Association (SWA), Housing Company Tshwane (HCT) and Tshwane Economic Development Agency (TEDA) for the Mid Year of 2014/15 financial year in respect of its approved budget and IDP scorecard in accordance with provision of Local Government: Municipal System Act, 2000 and Local Government: Municipal Finance Management Act, 2003.

2. That the Mid-Year budget and performance assessment report of Sandspruit

Works Association (SWA), Housing Company Tshwane (HCT) and Tshwane Economic Development Agency (TEDA) for 2014/15 financial year attached hereto as Annexure A, B and C, be noted and accepted.

3. That the assessment as detailed in this report and Mid Year budget and

performance assessment of SWA, HCT, and TEDA for 2014/15 financial year be made public in accordance with Section 21A of the Local Government: Municipal System Act, 2000.

During consideration of this item by Council on 29 January 2015, Cllr N Mathenjwa seconded by Cllr CB Ngwenya proposed the following additional recommendation:

39

(Unaltered)

“4. That the report be referred to the Section 79 Standing Committee: Public Accounts for further scrutiny.”

The Council acceded to Cllr Mathenjwa’s proposal and it was thereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the assessment as detailed in the contents of the report be accepted as a

reflection of the performance of Sandspruit Works Association (SWA), Housing Company Tshwane (HCT) and Tshwane Economic Development Agency (TEDA) for the Mid Year of 2014/15 financial year in respect of its approved budget and IDP scorecard in accordance with provision of Local Government: Municipal System Act, 2000 and Local Government: Municipal Finance Management Act, 2003.

2. That the Mid-Year budget and performance assessment report of Sandspruit

Works Association (SWA), Housing Company Tshwane (HCT) and Tshwane Economic Development Agency (TEDA) for 2014/15 financial year attached hereto as Annexure A, B and C, be noted and accepted.

3. That the assessment as detailed in this report and Mid Year budget and

performance assessment of SWA, HCT, and TEDA for 2014/15 financial year be made public in accordance with Section 21A of the Local Government: Municipal System Act, 2000.

4. That the report be referred to the Section 79 Standing Committee: Public

Accounts for further scrutiny.

40

Reference No 40897/1 Mayur Maganlal (0798) COUNCIL: 29 January 2015 14. CITY STRATEGIES AND PERFORMANCE MANAGEMENT DEPARTMENT

PROGRESS REPORT: 2014/15 INTEGRATED DEVELOPMENT PLAN (IDP) AND MEDIUM TERM REVENUE AND EXPENDITURE FRAMEWORK (MTREF) PROCESS PLAN (From the Mayoral Committee Cluster: Governance: 15 January 2015 and the Special Mayoral Committee: 20 January 2015) The purpose of this report is to report on progress made in the implementation of the approved process plan for the IDP review and Budget as per the approved process plan of August 2014.


RESOLVED: That the progress on the implementation of the 2014/15 IDP and MTREF process plan, set out in the body of the report, be noted.


41

Land Auction Project Cynthia Ramulifho (1224) COUNCIL: 29 January 2015 15. CORPORATE AND SHARED SERVICES DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) CORRECTIVE REPORT: PROPOSED SALE OF SEVERAL MUNICIPAL PROPERTIES BY WAY OF AUCTION (From the Special Mayoral Committee: 20 January 2015)

The purpose of the report is to obtain approval to correct the omission on the report

approved by Council on 4 November 2014 on the sale of several municipal properties by way of auction by requesting Council to first rescind the decision to lease erf 12 Highveld and erf 427/2 Hennopspark ext 15 prior to the finalisation of the sale of the properties. (A copy of the relevant report is filed with the official Minutes of this meeting)

During consideration of this item by Council on 29 January 2015, and after Alderman J Mkhize addressed Council on this matter, it was resolved as set out below:

RESOLVED: 1. That Council rescinds the resolution of 26 January 2012 to lease erf 427/2

Hennopspark extension 15 for a period of 30 years. 2. That Council rescinds the resolution of 25 October 2012 to lease erf 12

Highveld for a period of 30 years.

42

Reference No 94737/1 Mayur Maganlal (0798) COUNCIL: 29 January 2015 16. CITY STRATEGIES AND PERFORMANCE MANAGEMENT DEPARTMENT

MID YEAR (SECTION 72) PERFORMANCE REPORT FOR FY 2014/15 (From the Mayoral Committee Cluster: Governance: 15 January 2015 and the Special Mayoral Committee: 23 January 2015) The purpose of the report is

1.1. To present reported performance for the period 1 July 2014 to 31 December

2014, on targets in the IDP and SDBIP for FY 2014/15. Detailed financial reporting may be found in the report of the Chief Financial Officer.

1.2 To obtain concurrence on the IDP targets that require amendment. 1.3 To obtain approval to solicit public comments on the proposed amended IDP

targets. IT WAS RECOMMENDED (TO THE COUNCIL: 29 JANUARY 2015): 1. That the mid-year Section 72 report be approved and submitted for public

participation; and 2. That the resolutions be submitted to stakeholders in terms of the MFMA

section 72. During consideration of this item by Council on 29 January 2015, Alderman TV Rambau seconded Cllr MM Buthelezi proposed the following additional recommendation:

(Unaltered)

“3. That the report be referred to the Section 79 Standing Committee: Public Accounts for further scrutiny”

Following an address by Cllr FJ Smith, the Council acceded to Alderman Rambau’s proposal and it was thereafter resolved as set out below:

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED:

1. That the mid-year Section 72 report be approved and submitted for public participation.

2. That the resolutions be submitted to stakeholders in terms of the MFMA

section 72.

3. That the report be referred to the Section 79 Standing Committee: Public Accounts for further scrutiny.

43

(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE

(ANNEXURES A)

There were none.

44

(b)(i) REPORTS OF OVERSIGHT AND STANDING COMMITTEES REPORTING

DIRECTLY TO THE COUNCIL

The Chair of Chairs submitted to Council the following reports form the Section 79 Standing Committee: Rules and Ethics from its meeting of 23 January 2015 for consideration as well as Annexures A and B1 for cognizance and / or discussion.

A. FROM THE SECTION 79 STANDING COMMITTEE: RULES AND ETHICS: 23 JANUARY 2015


Interpretation of Sections 19(4) and 21 of the Rules and Orders during the Special Council meeting of the 10 December 2014 (From the Section 79 Standing Committee: Rules and Ethics: 23 January 2015) …………………………………………. 45


The legality of the Special Council meeting held on the 10 December 2014 (From the Section 79 Standing Committee: Rules and Ethics: 23 January 2015) ………………………………………… 46

45

ADV S.J SEGOLELA (358 7387) COUNCIL: 29 January 2015 1. OFFICE OF THE SPEAKER

INTERPRETATION OF SECTIONS 19(4) AND 21 OF THE RULES AND ORDERS DURING THE SPECIAL COUNCIL MEETING OF THE 10 DECEMBER 2014 (From the Section 79 Standing Committee: Rules and Ethics: 23 January 2015)

The purpose of this report is to request Council to consider the referral by Cllr Aucamp on the applicability of sections 19(4) and 21 of the Rules and Orders for purposes of consideration of the report tabled at the Special Council Meeting of the 10 December 2014.

(Note: At the meeting of the Section 79 Standing Committee: Rules and Ethics on 23 January 2015, Councillor IJ Pietersen requested that the dissenting votes of the DA members present be registered against this resolution.)

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of this report.

2. That the Special Council Meeting of the 10 December 2014 be declared

legitimate and valid.

(Remark: At the Council meeting of 29 January 2015, Cllr M Aucamp on behalf of the DA requested that their dissenting vote against the approval of this report be registered.)

46

ADV S.J SEGOLELA (358 7387) COUNCIL: 29 January 2015 2. OFFICE OF THE SPEAKER

THE LEGALITY OF THE SPECIAL COUNCIL MEETING HELD ON THE 10 DECEMBER 2014 (From the Section 79 Standing Committee: Rules and Ethics: 23 January 2014)

The purpose of this report is to request Council to consider the referral by DA on their contestation of the Special Council Meeting held on the 10 December 2014.

(Note: During the meeting of the Section 79 Standing Committee: Rules and Ethics on 23 January 2015, Councillor IJ Pietersen requested that the dissenting votes of the DA members present be registered against this resolution.) (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That cognisance be taken of this report.

2. That the Special Council Meeting of the 10 December 2014 be declared

legitimate and valid. (Remark: At the Council meeting of 29 January 2015, Cllr M Aucamp on behalf of the DA mentioned that the DA was disputing the attendance registers and the quorum of the Special Council meeting of 10 December 2014 and further indicated that fraud charges have been laid against the responsible office bearers who declared the quorum of that particular meeting. She furthermore requested that their dissenting vote against the approval of this report be registered.)

47

(b)(ii) RESOLUTIONS BY OVERSIGHT AND STANDING COMMITTEES REPORTING TO COUNCIL

(ANNEXURE B AND B.1)

In terms of Section 8(f)(b)(ii) of the Rules and Orders, the resolutions from the Petitions Committee meetings held on 20 and 25 November 2014 were submitted to Council for discussion/cognisance. During the debate on Annexures B and B1 at the Council meeting of 29 January 2015, no proposal was made that the Section 79 Standing Committee: Petitions be requested to reconsider any resolution contained in the Annexures. (Remark: At the Council meeting of 29 January 2015, Alderman GC Pretorius on behalf of the DA mentioned that in their opinion the Section 79 Committees were very important Committees of Council. He, however, expressed concern that most of the activities of these Committees were not reported to Council on a regular basis and urged the Chair of Chairs to ensure regular reporting of activities of these Committees. The Speaker indicated that, procedurally, Alderman Pretorius should have brought this proposal under “Unopposed Proposals allowed by the Speaker”, but, however, suggested that Alderman Pretorius should set up a meeting on this topic with the Chair of Chairs.)

48

G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN

QUESTIONS SUBMITTED IN TERMS OF SECTION 10 OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY: COUNCIL: 29 JANUARY 2015 The Speaker indicated that the Office of the Executive Mayor has received a number of questions from Councillors and in terms of the Rules and Orders, answers to these questions will be handed directly to the relevant Councillors or their respective whips.

49

1. ANSWER TO QUESTIONS OF CLLR B LEE FOR COUNCIL MEETING OF 29

JANUARY 2015 The following accusations and complaints have been brought to my attention. These questions have been sent to the SED, MMC and City Manager; unfortunately there has been no response from any of them. 1. The city employs 82 vehicle mechanics and yet vehicles are sent to Ikano or Livcon

in Kempton Park.

a) Is it because of lack of skills? If so, are there planned training programmes? Answer Corporate and Shared Services Department through its Fleet Management Division employs a total of 147 employees. Included in the 147 is 35 Artisans deployed across the regions. Maintenance and repair work is carried out at our workshops and at contracted service agents which include (OEM) original vehicle manufacturers’ dealerships and contracted service agents. The reason for sending for vehicles to these service centres has nothing to do with lack of skills. Vehicles that are on warranty can only be serviced at OEM accredited dealerships otherwise we could forfeit warranties on those vehicles. We have also contracted other service agents to carry out repairs and maintenance on some of the speciality areas that we are not resourced to execute such as hydraulics repairs and maintenance, panel beating and etc.

b) How many vehicles do our 82 employees maintain? Answer The team manages over 4000 repairs and maintenance notifications from the departments every quarter, well in excess of a 1000 every month.

c) Apparently when vehicles are sent to these outside contractors, it sits there for months. If they don’t have the capacity, why are we appointing them?

Answer Not all repairs and maintenance are done in a day or two. Job cards relating to major repairs such as gear boxes are not done in a single day. These types of maintenance and repairs involve striping the vehicle, obtaining quotes, ordering parts and only then carry out repairs. Some of the parts, especially on heavy trucks such as Fire Engines are imported and that does take time. It would be helpful for the honourable councillor to provide specifics for Corporate Fleet Management to investigate and report.

50

d) Apparently when vehicles are returned by outside contractors, old parts are

used and vehicles break down within weeks. According to tender letter, 6 months warranty is offered on workmanship. Is this not being enforced? Why are there no penalty or performance clauses in our contracts?

Answer Included in the 147 staff employed by Corporate and Shared Services, are vehicle maintenance and repairs inspectors and part of their responsibility is to ensure that workmanship of the service agents meeting the standard set and contracted. Should the Honourable Councillor be in position of specific cases relating to such poor workmanship, we request that those cases should be brought to management attention to be investigated.

e) According to tender award letters, variable labour rates of R20.00 and R23.00 an hour is applied. First of all, this must be an error as no one, not even a domestic works for R20.00 an hour. Is this the reason behind why vehicles take so long to repair so that the contractors can rake up the hours?

Answer All City tenders are subjected to open competitive bidding process. It is not the City position to dictate what their labour and part rates should be. We also not certain if their labour rates as alleged by Honourable Councillor are actually the rates paid to their employees. In any case, their minimum wages guidelines set by labour and should anyone not comply would be infringe against such set rules.

2. Council approved CB50 fleet leasing for 5 years to be implemented at a cost of R980 million, and yet another R90 million of CAPEX was spent on procuring vehicles. What is the reason for this?

Answer CB50. Council approved CB54/2013 and not CB50. The tender is in its final stages and should be tabled in Council end of February or March 2015 once all the National Treasury views and recommendations have been finalised. The current 2014/15 budget contains no capex for acquisition of vehicles as they would be acquired via CB54/2013. There is nothing wrong in rejuvenating of fleet through acquisition of new vehicles whilst the implementation of CB54/2013 is being finalised. Again for the record, no single cent has been spent on CB54/2013 to procure vehicles at this stage. 3. R26 million was spent on a vehicle tracking system in 2013 while CB71 was out on

tender to include a tracking system. If this was an oversight, who is responsible for this? What are the consequences for poor work performance?

51

Answer For the record, Corporate and Shared Services did not spend R26mil in 2013. Should the honourable Councillor have such records, he is encouraged to share same with management. CB71/2013 was awarded in August of 2014 and over 3000 vehicles have been fitted with automated refuelling and monitoring devices. 4. All CoT vehicles have been fitted with E-tags, some 4000 of them including tractors

and anything that moves. Surely a tractor is not going onto a highway. A number of errors such as number of axels have also been registered incorrectly. Again who is responsible for this? What are the consequences for poor work performance?

Answer

The City has not fitted 4000 e-tags on tractors and anything that moves. We have an account with SANRAL which the Honourable Councillor is welcome to look into. It is not helpful when inaccurate information is spread around.

General A number of questions raised contain several inaccuracies which makes it difficult to render appropriate responses. The honorable Councillor is encouraged to engage Corporate and Shared Services in a constructing manner in order for management to assist.

52

2. ANSWER TO QUESTIONS OF CLLR U JOOSUB FOR COUNCIL MEETING OF 29 JANUARY 2015 CRIME IN WARD 61 & ALL OTHER AREAS. 1) When will the Metro Police take responsibility and patrol the Laudium area? Answer Tshwane Metro Police officials conduct regular visible patrols in the Laudium area and the enforcement of law is done on a zero tolerance approach. Senior officials of the department attend the SAPS SCCF meetings on Thursdays at the SAPS Station, where discussions about problematic areas are held and various curbing measures identified. 2) What actions were taken by the Metro Police in Laudium over the festive season

to reduce crime? Answer Metro Police executed a number of operations during the festive season. Four operations were performed in the Laudium area with the assistance of the SAPS. These operations were part of the festive season planned operations apart from the weekly SAPS operations where Metro Police is also involved as per SAPS Cluster invite. 3) Why was there no foot patrolling by the Metro Police in the CBD over the festive

season?

Answer

The enforcement of law by means of foot patrol requires a certain number of officers. At this stage, the department is confined to vehicular patrols due to lack of manpower. This will however be addressed by the pass-out of the 2200 students who are currently being trained to be Metro Police Officers.

53

3. ANSWER TO QUESTIONS OF CLLR K MEYER FOR COUNCIL MEETING OF 29 JANUARY 2015

Road Safety seems on the increase in Tshwane and as a Council, specifically the Tshwane Metropolitan Police Department; we need to ensure we do what is expected of us. Furthermore, fines need to be issued to law abusers for obvious reasons and to ensure the necessary income in funds.

Road Policing is the primary function of the Tshwane Metropolitan Police and the department’s vision is to ensure safety and security for all in Tshwane. The Road Traffic Infringement Agency (RTIA) is responsible for the administration and collection of AARTO funds.

1. Please indicate targets set for fines collection of the Tshwane Metropolitan Police Department for the 2013/2014 financial year.

Answer The target set for fines collection of the Tshwane Metropolitan Police Department for the 2013/2014 financial year equals R97, 835,718. 2. Please indicate the fines income for the 2013/2014 financial year in rand value. Answer The fines income for the financial year 2013/2014 in rand value equals R18, 106,944.79. 3. Please indicate the fines budgeted income for said financial year in rand value. Answer The fines budgeted income for the said financial year in rand value equals R97, 835,718. 4. Please indicate the variance in percentage for budgeted income and the actual

income. Answer The variance in percentage for the budgeted income and actual income is 18, 51%. 5. Please indicate on what grounds the targets are set for fine collection. Answer The collection of fines and the setting of targets is the responsibility of the Road Traffic Infringement Agency (RTIA). The Metro Police issue fines/infringements to traffic offenders and capture them on the eNatis system, the RTIA will then administer all other processes until the collection part thereof.

54

6. Please indicate the relevant service provider(s) to collect fines as well time-frame of

appointment. Answer The responsibility for the collection of fines lies with the Road Traffic Infringement Agency (RTIA). Tshwane Metro Police does not have service providers to collect fines as it is the function of the RTIA. 7. Please indicate how many accidents were recorded in the 2013/2014 financial year

in the Tshwane borders. Answer The accidents recorded for the 2013/2014 financial year are 57869. 8. Please indicate how many by-law infringements were attended to in the said

financial year including the number of officers involved. Answer The number of by-law infringements attended to equals 8193 and the number of officers involved equals 406 members. 9. Please indicate the following numbers of fines during said financial year for each of

the following:

• Drunken drivers 2284

• Seat Belt Violations 59412

• Unlicensed drivers 19483

• Traffic Light Violations 5102

• Overloading 5568

• Driving whilst speaking on cell phones 4796

• Speed cameras 263745

55

H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS MEETING OF 27 NOVEMBER 2014

There were none.

56

I. NEW MOTION

A. MOTION 58 UNLAWFUL EVICTION OF 27 FAMILIES OF BLOCK X EXTENTION

ERF 1545 IN WARD 27 BY THE CITY 0F TSHWANE IN 2010

MOTION IN TERMS OF SECTION 18 OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY

The Speaker indicated that she had received the following motion from Cllr M Mkhari, seconded by Cllr Y Duvenage:

(Unaltered)

27 Families were allocated stands by the City of Tshwane in June 2010 and were provided with allocation letters. Six days later the city Officials and the service provider came and demolished the shacks without a court order on the basis of illegal occupation. Council hereby resolves that: 1. The City remains committed to restore the dignity of our people by

providing security of land tenure.

2. The resolution of the 10th September 2010 that the relocation of the affected families would go ahead as scheduled for end of September 2010 be implemented.

3. The resolution taken in November 2013 at the meeting between the Office of the Speaker, The Office of Chief whip, The Office of the MMC of Human Settlement and the complainants that the allocations that should have taken place on the 11th February 2013 be immediately implemented.

The Speaker hereafter explained that she had consulted on the subject and way forward with the motion and was advised that the matter justifies further investigation and should therefore be referred, in terms of the provisions of Section 19 of the Rules and Orders to the Executive Mayor. RESOLVED: That motion 58 be referred to the Executive Mayor for consideration.

57

J. PETITIONS The following Petitions were submitted in terms of Section 16(1) of the Rules and Orders: 29 January 2015 1. Petition regarding objection to the rezoning of Erf 301, Wonderboom South,

Ward 54 (by Cllr E Linde).

2. Petition requesting the Municipality to demolish the abandoned and derelict buildings in 8th Avenue and Spruit area and Hertzog Street, Wonderboom South, Ward 54 (by Cllr E Linde).

3. Petition requesting the building of a clinic in Block P, Soshanguve, Ward 88

(by Cllr MR Maake) 4. Petition regarding the illegal dumping at the corner of Skietpoort and Koch,

Skietpoort and Second Avenue thereby requesting the municipality to place skips and dumping prohibited signs, Ward 60 (by Cllr S Fourie).

5. Petition requesting the usage of the community hall opposite the Block X

clinic as a waiting room for Patients visiting the clinic, Ward 27 (by Cllr M Mkhari).

6. Petition requesting the Municipality to repave roads in Salvakop, Ward 60

(by Cllr S Fourie). 7. Petition requesting the construction of a Park in Zone 7, ERF 1262, Ward 32,

Garankuwa (by Cllr MD Sekonya). 8. Petition requesting the establishment of the establishment of RDP Houses

within the boundaries of Ward 14 (by Cllr KY Dzumba). 9. Petition requesting Municipal intervention regarding working conditions of

staff members employed on a Project in Garankuwa, Ward 32 (by Cllr KR Mokonyane).

10. Petition requesting the construction a Park, Speed Humps and a Traffic

Circle at the corner of Sompane and Malebye Streets, Ward 63 (by Cllr JC Ntuli).

11. Petition regarding the objections to the proposed redevelopment of the

Caledonian Sports ground by Arcadia Shepherds FC and other Stakeholders (by Cllr LJ Welmans).

12. Petition regarding objection against the operation of a creche at house No 55

Hadeda Crescent, Rooihuiskraal, Ward 64 (by Cllr CN McDonald).

RESOLVED: That the abovementioned Petitions be referred to the Section 79 Standing Committee: Petitions to be dealt with in terms of Section 16(2) of the Rules and Orders.

58

K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF THE MEETING, AT THE DISCRETION OF THE SPEAKER

1. Office of the Speaker 2014/5 Ward Delimitation Process in Preparation for 2016 Local Government Elections …………………………………………. 59

59

MD Matsena (012 358 8065) COUNCIL: 29 January 2015 1. OFFICE OF THE SPEAKER

2014/5 WARD DELIMITATION PROCESS IN PREPARATION FOR 2016 LOCAL GOVERNMENT ELECTIONS

The purpose of this report is to appraise Council on 2014/5 Ward Delimitation process in preparation for 2016 Local Government Elections and the role of the City of Tshwane.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of the contents of this report and its annexure A. 2. That cognisance be taken that the City of Tshwane Metropolitan Municipality

will comprise of 214 Councillors i.e. 107 Ward Councillors and 107 Proportional Councillors.

3. That cognisance be taken that first purely technical exercise is set of ward

boundaries (maps) have already been issued for further consultation with stakeholders.

4. That the City of Tshwane’s internal public consultation meeting as explained in

paragraph 8 of this report be noted. 5. That cognisance be taken that the date of the MDB formal consultative

process is convened on 12 March 2015 at Tshwabac at 10:00 and the following strategic stakeholders will be expected to attend:

• All Councillors

• Ward Based Stakeholders

• Community members

• NGO’s

• Traditional Healers

• Community Policing Forums

• Community Development Workers

• Civic Organisations/ Rate Payers Association

• Women’s Forum

• Tribal Authorities

• Disability Forums

60

L. CONCLUSION

The Speaker thanked all Councillors for their valuable inputs during the meeting and declared the meeting closed at 16:20.

council minutes for approval at - tshwane calendar...1 council minutes for approval at the 41st...

Documents