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SCZ(2021-08-05)(GM)[CHALL-] 2021-08-06

COUNCIL DECISION CIRCULAR: MEETING HELD ON 2021-08-05

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2021-08-05.

Deputy City Managers and Heads are kindly requested to facilitate implementation of the decisions impacting their Clusters and Units within the applicable timeframes.

Kindly note that the word "ADOPTED" marked in bold at the end of the recommendation confirms that the item has been approved by Council and is ready for implementation. Other relevant status will be reflected at the end of the recommendation to indicate the position taken by Council on a particular item.

Should further information be required on any item on the Council agenda, kindly contact the Senior Manager: Secretariat, Ms Theresa Ndlovu on (031) 311-2101/0836523882 or [email protected]

mailto:[email protected]

- 2 - (eThekwini MunicipalityCouncil Decisions - 2021-08-05)

1. FIRST REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD TUESDAY, 2021-07-20

1. PRELIMINARY REPORT ON CIVIL UNREST EXPERIENCED WITHIN ETHEKWINI MUNICIPAL AREA (2/3/4 & 4/7/2)

(Page 1)

The Committee noted with dismay the service delivery disruptions; damages to business property; and loss of lives due to the civil unrest experienced within the eThekwini Municipal area. That, initially this was linked to parties feeling aggrieved as a result of the arrest of the former President Jacob Zuma on the allegations of being guilty of the contempt of court. However, as the mass protest action, riots and civil unrest gaining momentum in various parts of the KZN Province and these advancing to road closures, looting of various malls, warehouses etc. to burning of properties and racial tensions, it was realised the arrest of the former President served as a trigger to open deep seated wounds as a result of economic imbalances and associated life struggles.

It was reported that during the civil unrest many projects; programmes; and business activities were halted, including the public transport system, which subsequently compromised business continuity in the work environment. Further, that the clinical services and Covid-19 vaccination programme had to be put on hold. The emergency Call Centre, as well as other incident and emergency reporting systems were inundated with calls from various sources to report different incidents linked to the looting and civil unrest. Statistical information for Fire and Police response is detailed below in Table 1 and Table 2.

Table 1: Fire Responses Statistics:Central North South West Grand Total

Fire Buildings – High Rise 27 11 5 11 54

Buses & Minibuses 2 2

Cars/Trucks/Motorcycles 16 34 10 18 78

Dwellings under 3 floors 15 37 22 10 84

Factories/Garages/Workshops 11 44 11 24 90

Grass/Bush/Rubbish/Miscellaneous 152 228 84 145 609

Informal Settlements 8 5 3 2 18

Petrochemical 1 2 1 4

Public assembly 6 9 1 16

Stores & Shops 38 99 36 65 238

Warehouses & Storage 3 30 4 9 46

Fire Total 277 501 176 285 1239

Special Service

Medical 2 1 3

Miscellaneous 5 7 1 5 18

Transport 12 12 4 9 37

Special Service Total 17 19 7 15 58

Grand Total 294 520 183 300 1297


Table 2: Metro Police Statistics:

GRAND TOTAL

Information Call

Metro Police Category Information call 121

By-Law Offences 118

Common Law Offences 24

Elections 1

Fireworks Related 5

Major Emergencies 34

Miscellaneous 401

Non-Emergencies 6

Public Unrest 912

Statutory Offences 19

Traffic Related 240

Arrest 420

Complaint 145

Mvc 142

Recovery of Stolen Property 12

Response to Crime 30

Shooting 12

Warrant of arrest Warrant of arrest North 1

Grand Total 2643

The Fusion Centre was utilised as the platform for command and control for incident response, together with discussions of South African Police Services (SAPS) Intelligence, South African National Defence Force (SANDF), NatJoints, ProvJoints and CCTV monitoring. Below are the preliminary details on the affected areas within the eThekwini Municipality that has been compiled by the SAPS.

Table 3: SAPS Statistics Per Station:Area Mall Shopping Centre Warehouse Distribution Centre

Sydenham Reservoir Hills Mall

Home Centre Springfield Park

Value Centre Springfield Park

Umgeni Business Park

Greenwood Park

MassMartAfrox

Riverhorse Valley

Pinetown Kloof Village Mall Pinecrest MallSandy CentreCaversham Centre

Westmead Industrial Area

Westville Westwood MallWestville Mall

Inchanga Value Logistics


Area Mall Shopping Centre Warehouse Distribution Centre

Freddy’s AbattoirMakro WarehouseCrusade Logistics

Hillcrest Watercrest MallRidgeton CentreColony CentreBotha’s Hill ParkOld Main RoadHillcrest

Brackenhill StorageEmbo Storage HouseCresto

Durban Central WorkshopCity ViewWindermereCBD

Cato Manor Ayoba Cold StorageTexas TruckingDunlop TyresSuntrans Trucking

Hammersdale Hyper SupermarketCheck SaveHammersdale WholesalersBp Oasis One Stop

Sequence Logistics

Mpumalanga Hammersdale Junction

Tongaat CBD Dynasty Liquors Distributors

Verulam CBDWaterloo Spar

Grafton Everest,Canelands

Cornubia Industrial area

Isipingo Nessa Panjivans Liquor Distributors

Pineview Mamdekazi Shopping Centre

Liquor RunnersCloverCash CrusadersArmcorGO-ChilThree Core Electrical

Umbilo Glenwood Village MallQueensmead Mall

Umlazi Mega CityKwaMnyandu

Boxer Cash & CarryCheckersPhilani Shopping CentreGeena Shopping Centre

Wentworth Merebank Shopping CentreNadasens Shopping Centre


Area Mall Shopping Centre Warehouse Distribution Centre

Folweni Boxer Cash & Carry

Montclair Montclair Mall Mayfair Grimsby Road MobeniShoprite Checkers Kenyon Howden Road Woodlands

Tastic Rice LeicesterPremier FoodsBeacon SweetsEtlin MeatsMeat Wholesalers Sasko BreadDSV Durban South BKB South Coast Road

KwaMashu Bridge City

It being noted that the preliminary high-level estimates on the economic impact as a result of the civil unrest indicate the following:

R1 000 000 000.00 (One Billion Rand) loss of stock. R15 000 000 000.00 (Fifteen Billion Rand) as a result of damages to property and

equipment. Fifty five thousand (55 000) informal traders affected. Forty thousand (40 000) formal businesses impacted, including small businesses,

it being anticipated that a large portion of those may never recover. One hundred and twenty nine thousand (129 000) jobs at risk, it being anticipated

that a large portion of that may be lost. The total impact on the loss of Gross Domestic Product to this Region will be

over R20 000 000 000.00 (Twenty Billion Rand), including lost production.

Notwithstanding the major collapse of the economy as a result of the civil unrest, the Municipal leadership was pleased at the attitude displayed by the business community during inspections and stakeholder engagements conducted, that of committing to working with the Municipality to rebuild the economy. Also, their commitment to continue investing in the City’s economy.

Having considered the report, Members of the Executive Committee commended Management for prompt submission of the preliminary report. Thereafter, suggestions were made in relation to overall assessment of the disaster and necessary interventions which could be implemented to revive the economy. As part of the interventions, it was recommended to establish a Multi-Disciplinary Task Team to evaluate the manner in which the recent disaster has been handled and to plan City-wide response in the event a disaster of this magnitude occurs in future. This being recommended after having witnessed what is regarded as poor disaster management response during the recent business looting, with major loss experienced which could have been averted if coordinated Disaster Management Plan was implemented.

That consideration be given to developing a strategy on how uninsured small to medium businesses could be assisted post the civil unrest, which strategy might include application for interest-free loans as part of immediate interventions, amongst others.

The proposed rates relief for the affected businesses was positively received, the first option being the application of Section 78 of the Municipal Property Act and the second option being the application of Section 14 of the Rates Policy. It being noted though


that the City’s cash collection has been adversely affected by the unrest, as a result of loss of income and loss of rental as a result of damaged Municipal buildings on lease.

Other views raised in relation to handling the civil unrest aftermath included:

A proposal to engage relevant government authorities to categorize and declare local state of disaster in the eThekwini Municipal area, in terms of the Disaster Management Act 57 of 2002, for the Municipality to subsequently access interventions associated with this status.

Given the magnitude of the disaster, that collaborations with the other spheres of government be explored through the District Development Model and the Intergovernmental Relations to maximise interventions in a bid to revive the City’s economy.

That consideration be given to implementing social relief to support civil unrest victims, of which it was agreed to include victims in the existing arrangement catering for the Covid-19 pandemic victims.

Devising strategy to beef up local South African Police Service in terms of crowd management, through supply of relevant equipment and training of local SAPS, rather than this service being confined to the Public Order Police Unit since this rendered local SAPS being unable to provide maximum assistance, as having been witnessed in the recent civil unrest.

Commending residents that protected malls and residential areas from looters for the City to at least still see some businesses standing. However, challenges encountered with this approach were acknowledged, where some resulted in racial tensions, with law enforcement wrangle also being experienced between Metro Police and residents. It was then agreed to address this matter before it escalates to unmanageable levels. Therefore, it was recommended that police conduct threat assessment in barricaded areas to make a determination on whether to retain or remove barricades in certain areas, it being advised though that the intention is to open the economy with the unrest now being over.

That consideration be given to recruiting additional Metro Police Officers to strengthen law enforcement during disaster period, working in collaboration with SAPS; SANDF; and other law enforcement agencies.

In the circumstances,

COMMITTEE RECOMMENDS:

1.1 That the preliminary report on the service delivery disruptions and damages due to the civil unrest experienced from 09 to 13 July 2021 within the eThekwini Municipal area, which resulted in the looting of businesses; burning of business properties; damaging municipal infrastructure, loss of lives due to stampede and altercations, resulting in communities being left in a state of distress and not having access to the essential food; goods; and services, be noted.

1.2 That the civil unrest financial impact to the City, be noted, which ranges in the region of R50 Million loss of income, with a further loss being anticipated since an estimated number of 150 000 jobs are still at risk.


1.3 That the civil unrest impact to the various Clusters within the Municipality, be noted, it being recorded that the Cluster which is hardest hit is the Economic Development and Planning given its mandate for business infrastructural development and promotion to contribute to the City’s economic growth; also the Cleansing and Solid Waste due to increased volume of refuse removal services, and the Unit having suffered loss of some trucks due to burning during the unrest; the Governance & International Relations Cluster having suffered damaged of four (04) Sizakala Centres and currently closed thus impacting rates collection; and the interference with the Covid-19 Vaccination Programme under the auspices of the Community & Emergency Services Cluster.

1.4 That a declaration of a disaster as guided by Section 23 (2), Section 41 (1) and Section 55 (1) of the Disaster Management Act 57 of 2002 be considered for application.

1.5 That subject to .4 above, once the quantification of the cost of damages has been finalised within seven (7) days of the tabling of the preliminary report, the determination of the declaration can be considered and would have to be endorsed by the KwaZulu-Natal Provincial Disaster Management Centre.

NOTED.

_____________

2. SECOND REPORT OF THE EXECUTIVE COMMITTEE: MEETING HELD TUESDAY, 2021-07-27

2. REPORT OF HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD 2020-07-06

(Page R1)

2.1 Proposed Closure and Sale of Road Area of Land Over Proposed Portion [A] of Rem Erf 583 La Mercy (17/2/1/2/3):(Page 66: Human Settlements and Infrastructure Committee - Agenda 2020-07-06)

At the Executive Committee level, (03) DA Members abstained on the matter and with (01) IFP Member and (05) ANC Members being in support;


2.1.1 That the Municipal Council declares that in terms of regulation 5(1)(b), Regulation 7, Regulation 11 of the Municipal Asset Transfer Regulation 2008, read with Section 14(2)(a) and (b) of the Municipal Finance Management Act No 56 of 2003 that:

2.1.1.1 The Portion of Road Area over Proposed Portion [A] of Rem of Erf 583 La Mercy measuring 396m2 in extent as depicted on hand Plan No.: 4750/9 is not required to provide the minimum level of a basic municipal services and is surplus to the requirements of the Municipality that:


2.1.1.2 The market value of the land is currently assessed at a value of R112 000.00 (One Hundred and Twelve Thousand Rand) exclusive of VAT is to be paid to the Municipality by the purchaser.

2.1.1.3 The sale of the Proposed Portion [A] of Rem of Erf 583 La Mercy to the adjoining owners, Yoganathan Govender and Manorangithum Govender is acceptable.

2.1.2 That in terms of Section 211 of Ordinance 25 of 1974 the closure of the road area over Proposed Portion [A] of Rem of Erf 583 La Mercy as per hand Plan No. SJ 4750/9, be approved:

2.1.2.1 That this closure is to be advertised via the Land Use Management application process and is to be read together with Section 28(2)(1) of the eThekwini Municipality Planning and Land Use Management By-Laws 20216.

2.1.2.2 That in the event of objections being lodged to the proposed closure of Proposed Portion [A] of the Rem of Erf 583 La Mercy when it is advertised, the planning and land use management by law process be followed to attend to these objections.

2.1.3 That all costs incidental to the transaction shall be at the cost of the applicant.

2.1.4 That the Head: Real Estate be authorized to sign all the documents necessary to give effect to this transaction in terms of the Supply Chain Management Policy and any other applicable Legislation and that it shall further subject to such further conditions as the Head: Real Estate considers necessary to protect Council interest.ADOPTED, by the majority vote.

2.2 Proposed Long Term Lease of 1 on Erf 325 Durban North: Plan No. SJ 4732/5 Extent 428m2 (17/2/1/2/5): (0: Human Settlements and Infrastructure Committee - Agenda 2020-07-06)


2.2.1 That the Municipal Council approves in principle that the right be granted to use control or manage the capital asset described as lease 1 on Erf 325 Durban North as depicted on SJ plan No 4732/5 to be leased to freestone Property Investment (Pty) Ltd Registration No 2005/025542/07 for access and parking purposes for a period of 5 years in terms of Regulation 34(1)(b) read with Regulation 36 and Regulation 40 of the Municipal Asset Transfer Regulations.

2.2.2 That the Council approves that .1 above is subject to the condition the conclusion of the lease shall be by direct negotiation. The lessee shall be appointed in full compliance with the prevailing municipal legislative framework including Municipal Supply Chain Management Policy.

2.2.3 That the current market rental value of the property is currently assessed at a value of R231 840 (Two Hundred and Thirty One Thousand Eight Hundred and Forty Rand) (R19 320 PM) per annum exclusive of VAT escalating at 8.4% per annum.

2.2.4 That due to the land being a de proclaimed cul-de-sac the property deemed to be not viable and cannot be developed on its own or function as a separate entity.

2.2.5 That all developmental plans must be submitted to the local authority for approval prior to any construction.


2.2.6 That no access to North Coast is permitted.

2.2.7 That the existing services are not to be endangered and maintenance thereon must not be jeopardized.

2.2.8 That the Head: Real Estate be authorized to sign all documents necessary to give effect to this transaction in terms of the Supply Chain Management Policy of the Municipality and any other applicable and that it shall be further subject to such further conditions as the Head: Real Estate considers necessary to protect Council interest.ADOPTED.

2.3 Proposed Alienation of the Remainder of Portion 35 of Erf 1713 Wentworth: Plan 4755/8 Extent 682m2(17/2/1/2/5): (Page 100: Human Settlements and Infrastructure Committee - Agenda 2020-07-06)


2.3.1 That the Municipal Council declares that in terms of Regulation 5(1)(b), by Regulation 7, Regulation 12 of the Asset Regulations 2008, read with Section 14(2) (a) and (b) of the Municipal Finance Management Act 56 that:

2.3.1.1 The remainder of Portion 35 of Erf 1713 Wentworth in extent 682m2 as depicted on hand plan No SJ4755/8 (the property) is not required to provide the minimum level of a basic municipal services and is surplus to the requirements of the Municipality.

2.3.1.2 The current market value of the property is currently assessed at a value of R850 000.00 (Eight Hundred and Fifty Thousand Rand) exclusive of VAT.

2.3.1.3 The property be sold by public tender process in accordance with the provisions of the preferential procurement policy framework which supports radical economic transformation framework and the Municipal Supply Chain Management Policy.

2.3.2 That no encroachment over municipal sewer servitude permitted, prior to any development sewer impact analysis to be done for building plan submitted for approval.

2.3.3 That all cost incidental to the transaction shall be at the cost of the purchaser.

2.3.4 That the Head: Real Estate be granted authority to sign all documentation necessary to give effect to this transaction in terms of the Supply Chain Management Policy of the Municipality and any other applicable legislation and it shall be further subject to such further conditions as the Head: Real Estate considers necessary to protect Council interest.ADOPTED.

2.4 Proposed Lease of Remainder of Erf 1244 Wentworth Situated at 5 Voortrekker Street for Parking Purposes as Depicted on Plan No. SJ 4696/4A (17/2/1/2/5):(Page 115: Human Settlements and Infrastructure Committee - Agenda 2020-07-06)

COMMITTEE RECOMMENDS:2.4.1 That the Municipality approves in principle that the right be granted to use control or

manage the capital asset described as proposed lease on remainder of Erf 1244 Wentworth registration division ft in the Durban entity Province of KwaZulu-Natal in


extent 966m2depicted on SJ Plan No.: 4696/4A in terms of Regulation 34(1)(b) read together with Regulation 36 and 40 of the MATR.

2.4.2 That the Municipal Council approves that .1 above is subject to the condition that the appointment of the lessee shall be by direct negotiation and in full compliance with the prevailing municipal legislative framework including the Municipal Chain Policy.

2.4.3 That the property described in .1 above is not required to provide the minimum level of basic municipal service for a period of 9 years and 11 months and not required for the Municipality own use for the period for which the right is to be granted.

2.4.4 That the current market value of the property is currently assessed at R18 480 (Eighteen Thousand Four Hundred and Eighty Rand) per month and not required exclusive of VAT escalating by 9% compound increase in the remaining years of the lease.

2.4.5 That all the costs incidental to the transaction shall be at the cost of the lessee to whom the right to use control or manage the capital asset is to be granted.

2.4.6 That all developmental plans must be submitted to the Local Authority for approval prior to any construction on the property.

2.4.7 That all conditions by the Municipality service delivery units as detailed in point 5 of the report will form part of the lease agreement.

2.4.8 That subject to the adoption of .1 to .7 above and the approval of the Bid Adjudication Committee the Head: Real Estate be authorized to sign all documents necessary to give effect to this transaction in terms of the Supply Chain Management Policy and any other applicable legislation and that it shall further subject to such further conditions as the Head: Real Estate considers necessary to protect Council interest.ADOPTED.

2.5 Proposed Lease of Rem of Erf 1071 Sea View and Rem of Erf 793 Dunns Grant for Parking Purposes as Depicted on Plan No. SJ 4721/3 (17/2/1/2/5:(Page 128: Human Settlements and Infrastructure Committee - Agenda 2020-07-06)


2.5.1 That the Municipal Council approves in principle that the right be granted to use, control or manage the capital asset described as proposed lease on Rem of Erf 1071 Sea View and Rem of Erf 793 Dunns Grant division FU in the Durban Entity Province of KwaZulu-Natal measuring 1320 m2 in extent as depicted on SJ Plan no 4721/3 in terms of Regulation 34 (1)(b) read together with Regulation 36 and 40 of the Municipal Asset Transfer Regulations.

2.5.2 That the Municipal Council approves .1 above is subject to the condition that the appointment of the lessee shall be by direct negotiation and in full compliance with the prevailing municipal legislative framework including the Municipal Supply Chain Management Policy.

2.5.3 That the property described in .1 above is not required to provide the minimum level of basic municipal service for a period of 9 years and 11 months and not required for the Municipality own use for the period for which the right is to be granted.


2.5.4 That the current market value of the property is currently assessed at R18 480 (Eighteen thousand four hundred and eighty Rand) per month and not required exclusive of VAT escalating by 9% compound increase in the remaining years of the lease.




2.5.8 That subject to the adoption of .1 to .7 above and the approval of the Bid Adjudication Committee the Head: Real Estate be authorized to sign all documents necessary to give effect to this transaction in terms of the Supply Chain Management Policy and any other applicable legislation and that it shall further subject to such further conditions as the Head: Real Estate considers necessary to protect Council interest.ADOPTED.

2.6 Proposed Lease of Land Adjoining 86 Lillian Ngoyi Road Windermere for Public Parking Purposes (17/2/1/2/5):(Page 154: Human Settlements and Infrastructure Committee - Agenda 2020-07-06)


2.6.1 That the Municipal Council approves in principle that the right be granted to use, control or manage the capital asset described as proposed lease on remainder of portions 1 and 2 both of erf 1399 Durban registration division FU in the Durban entity Province of KwaZulu-Natal in extent 280m2as depicted on SJ Plan 4763/1 in terms of Regulation 34 (1)(b) read together with Regulation 36 and 40 of the Municipal Asset Transfer Regulations.

2.6.2 That the Municipal Council approves .1 above is subject to the condition that the appointment of the lessee shall be by direct negotiation and in full compliance with the prevailing municipal legislative framework including the Municipal Supply Chain Management Policy.

2.6.3 That the current market value of the land is assessed at R8 430 per month escalating by 9% compound interest in the remaining years of the lease.

2.6.4 That the property described in .1 above is not required to provide the minimum level of basic services for a period of 9 years and 11 months and not required for the municipality own use for the period for which the right is to be granted.





2.6.8 That subject to the adoption of .1 to .7 above and the approval of the Bid Adjudication Committee the Head: Real Estate be authorized to sign all documents necessary to give effect to this transaction in terms of the Supply Chain Management Policy, the Municipal Asset Transfer Regulation 2008 the land disposal and granting rights policy of the Municipality and any other applicable legislation and that it shall further subject to such further conditions as the Head: Real Estate considers necessary to protect Council interest.ADOPTED.

2.7 Request for Approval to Host Career Symposium Grade 12 Learners: Science, Technology Engineering and Mathematics (STEM) Three-Year Programme 2021 - 2023 Aligned to the Department of Education Curriculum Assessment Policy Statement (CAPS) (6/1):(Page 244: Human Settlements and Infrastructure Committee - Agenda 2020-07-06)



2.7.1 That approval be granted to the Deputy City Manager: Human Settlements Engineering and Transport to host Career Symposium Outreach Program for the Grade 12 Learners on Science, Technology, Engineering and Mathematics (STEM), a three-year programme 2021-2023 aligned to the Department of Education’s Curriculum Assessment Policy Statement.

2.7.2 That the support services and eThekwini Municipal Academy (EMA) will collaborate and partner to deliver a successful career symposium for Grade 12 learners in partnership with clusters/Units within the Municipality.

2.7.3 That the Ward Councillors and District Manager: Department of Education identify and select the schools in each Ward and submit to the office of the Deputy City Manager: Human Settlements, Engineering and Transport.

2.7.4 That feedback and updates from the career symposium will be provided to the Human Settlements and Infrastructure will be provided to the Committee once every financial year.

2.7.5 That the Presidential declaration for the National State of Disaster and the relevant COVID-19 Regulations and Compliance will be adhered to i.e. social distancing, wearing of masks and sanitizers.

2.7.6 That all supply chain management processes will be followed and adhered to for the procurement of all items indicated in the report of the Head: Human Settlements dated 2021-03-01. Adverts will be prepared and submitted to SCM for the required notice period for advertising. The tender will be strictly guided by the SCM unit.FC No.: 2021/68/008ADOPTED, by the majority vote.

2.8 Request for Approval : Grade 12 Winter School Outreach Programme: Science Technology Engineering and Mathematics (STEM) Education Support: Aligned Curriculum Assessment Policy Statement (CAPS) (6/1):


(Page 290: Human Settlements and Infrastructure Committee - Agenda 2020-07-06)



2.8.1 That approval be granted to the Deputy City Manager: Human Settlements Engineering and Transport to host the Grade 12 Winter School Outreach Programme on Science, Technology, Engineering and Mathematics (STEM) for a period of three years 2021 to 2023 to provide educational support programme to deep rural and rural learners in partnership with the Department of Education and Units within the Municipality (eThekwini Municipal Academy and Engineering Unit).

2.8.2 That 60 learners per year be identified by Ward Councillors and the Department of Education: District Managers to participate in the five 5 day Winter School Outreach Programme to enhance their pass rate in Mathematics, Science and English.

2.8.3 That COVID-19 compliance will be adhered to social distancing, wearing of masks and sanitizers.

2.8.4 That a yearly progress report will be submitted to the Human Settlements and Infrastructure Committee.

2.8.5 That all Supply Chain Management processes be followed and adhered to for procurement of all items indicated in the report.

2.8.5.1 That advertisement be done through Supply Chain Management Unit for a suitable training venue with a laboratory, trained and experienced facilitators in Science, Mathematics and English.

2.8.5.2 Procurement of eThekwini Transport buses for the three 5 day sessions.

2.8.5.3 That an ambulance be on site to adhere to all Occupational Health and Safety requirements.

2.8.5.4 Refreshments and lunch packs for learners.

2.8.5.5 Learners stationery packs.ADOPTED.

2.9 Request for Access and Earthworks Funding by USDG at Lower Molweni Rural Housing Projects:(Page 340: Human Settlements and Infrastructure Committee - Agenda 2020-07-06)


2.9.1 That Council notes the challenges being experienced on the Lower Molweni Rural Housing Project which is on the current financial year business plan as reflected in the report of the Head: Human Settlement dated on 2021-04-08.

2.9.2 That authority be granted for the utilization of USDG funding for access and earthworks which will assist to prevent Human Settlement top structure projects and any further


claims and requests for the utilisation of USDG funding for projects in line with the IDP Plan 3 Quality Living Environment and the USDG Policy from being blocked.

2.9.3 That authority be granted for top funding the extended scope of work and contract value for contract 1H-40212 awarded to Contractor “A” to be increased by the amount of R4 905 850,44 (Four Million Nine Hundred and Five Thousand Eight Hundred and Fifty Rand Forty Four Cents) and that of contractor “B” to be increased by the amount of R5 020 534,91 (Five Million Twenty Thousand Five Hundred and Thirty Four Rand Ninety One Cents) and both extended contract amounts are inclusive of the Value Added Tax. The revised and extended for contractor “A” is for a total revised contract value of R34 450 899 (Thirty Four Million Four Hundred and Fifty Thousand Eight Hundred and Ninety Nine Rand) and that of contractor “B” which has also been revised for a total contract value of R32 421 278,91 (Thirty Two Million Four Hundred and Twenty One Thousand Two Hundred and Seventy Eight Rand and Ninety One Cent) inclusive of VAT.ADOPTED.

2.10 Request for Access and Earthworks Funding by USDG At Emaphephetheni Phase 2 Rural Housing Project:(Page 384: Human Settlements and Infrastructure Committee - Agenda 2020-07-06)


2.10.1 That Council notes the challenges being experienced on the Emaphephetheni Phase 2 Housing Project which is on the current financial year business plan as reflected in the report of the Head: Human Settlement dated on 2021-04-08.

2.10.2 That authority be granted for the utilization of USDG funding for access and earthworks which will assist to prevent Human Settlement top structure projects and any further claims and requests for the utilisation of USDG funding for projects in-line with the IDP Plan 3 Quality Living Environment and the USDG Policy from being blocked.

2.10.3 That authority be granted for the top up funding for the extended scope of work and contract value for contract 1H-37088 awarded to Contractor “A” to be increased by an amount of R6 248 279,50 (Six Million Two Hundred and Forty Eight Thousand Two Hundred and Seventy Nine Rand Fifty Cent) and that the Contractor “B” to be increased by an amount of R6 797 465,03 (Six Million Seven Hundred and Ninety Seven Thousand Four Hundred and Sixty Five Three Cent) and both extended contract amounts are inclusive of the Value Added Tax. The revised and extended for contractor A is for a total revised contract value of R31 318 279,50 and that of contractor B which has also been revised for a total contract value of R33 477 465,03 inclusive Value Added Tax.ADOPTED.

2.11 Bulk Water Supply Contract Between eThekwini Municipality and Umngeni Water and Minor Amendment Relating to Water Quality Specification (23/1/11/1/1/2):(Page 526: Human Settlements and Infrastructure Committee - Agenda 2020-07-06)


2.11.1 That the retrospective approval of the signing of the Bulk Water Supply contract between eThekwini Municipality and Umgeni Water dated March 2005 by the City Manager at that time, be authorised.


2.11.2 That subsequent to the approval of .1 above, authority be granted to the City Manager to give effect to and sign the minor amendment to address the update of the Water Quality Specification to the latest water quality specification (currently SANS 241:2015).ADOPTED.

2.12 Request for Authority to Reallocate Funds Within the Block Sum Project No. X1558 Various Water Projects in the 2021/2022 Financial Year (7/1/3/2 & 23/1/11/2/1/2):(Page 683: Human Settlements and Infrastructure Committee - Agenda 2020-07-06)


2.12.1 That approval be granted to the Head Water and Sanitation to reallocate funds in Block Sum X1558 to various projects listed in the table below, contained in the report of the Head Water and Sanitation dated 2021-06-14 for the respective sums totaling R1 400 000.00 (One Million Four Hundred Thousand Rands), it being recorded that these projects will ensure that defective water infrastructure is replace and protected.

2.12.2 That subject to the approval of .1 above, authority be granted to the Deputy City Manager: Finance includes this in the final adjustment for 2021/2022.

PROJECT NUMBER ESTIMATED COST FUNDING REQUIRED FROM X1558

X8461 R 200 000.00 R 200 000.00

X8352 R 200 000.00 R 200 000.00

X8541 R 200 000.00 R 200 000.00

X8470 R 200 000.00 R 200 000.00

X8546 R 200 000.00 R 200 000.00

X8539 R 200 000.00 R 200 000.00

X8553 R 200 000.00 R 200 000.00FC No.: 364/C262ADOPTED.

2.13 Authority to Transfer Funds From Various Projects (7/1/2/2):(Page 688: Human Settlements and Infrastructure Committee - Agenda 2020-07-06)

At the Support Committee level, Members of the Democratic Alliance abstained on the recommendations.

At the Executive Committee level, clarity was given that the movements of funds from one vote to another was necessitated as a result of the delays experienced due to Covid-19 pandemic amongst others and that the capital projects relate to the purchase of trucks.

The title of the item “Capital Budget Adjustment 2021-2024” was altered to read as “Authority to transfer funds from various projects”.

Thereafter, with 03) DA Members abstaining on the matter and with (01) IFP Member and (05) ANC Members being in support;



2.13.1 That authority be granted to the Head Cleansing and Solid Waste to do a reprioritization of the Capital budget to various internal projects as per Table 1-3 in report SW 2021/011 of his report dated 2021-05-18 in order to effect the necessary adjustment to the Capital Budget.

2.13.2 That subject to .1 above the Deputy City Manager: Finance be authorized to include in adjustment Budget for 2021/2022.

FC No. 366/C91ADOPTED.

2.14 Reallocation of Funds Across Capital Projects (7/1/2/2):(Page 742: Human Settlements and Infrastructure Committee - Agenda 2020-07-06)


2.14.1 That approval be granted to the Head: Electricity to reallocate and transfer fund as detailed in his report dated 2021-05-18, given the Legislative Framework in line with the Municipal Finance Management Act, it being recorded that this will ensure efficient and prudent capital expenditure by the unit.

2.14.2 That authority be given to the Deputy City Manager: Finance to include in the adjustment budget report the transfer of funds from the projects where savings have been identified to the list of projects where funding is required.ADOPTED.

3. REPORT OF ECONOMIC DEVELOPMENT COMMITTEE: MEETING HELD 2020 - 07-08

(Page R9)

3.1 Approval of eThekwini Municipality Precinct Management Framework for Priority Economic Areas (21/5/1):(Page 1 : Economic Development Committee - Agenda 2021-07-08)

Authority is sought for approval of the final Precinct Management Framework (PMF) for priority economic areas and for wider dissemination of the final approved PMF to the relevant stakeholders. The overall goal of the PMF is to manage existing, strategic and prioritised economic precincts in order to retain and grow investment through promotion and encouragement of public and private precinct management partnership arrangements. It is acknowledged that the success of the PMF is dependent upon sound partnership between the Municipality and other stakeholders, including internal stakeholders; other spheres of government; private sector; civil society organisations; academia; and any other voluntary organisations. This partnership will enable parties to influence decisions that affect their respective precincts within the eThekwini Municipal area.

In a nutshell, the PMF aims to achieve the following objectives:

To retain existing investment; business; and jobs


To encourage investment; economic growth and job creation; To drive spatial transformation through precinct management; and To grow rate base and arrest decline in particular economic precincts

It should be noted that precinct management includes industrial areas; CBDs; commercial; emerging rural and township areas. Upon the approval of the PMF, an implementation strategy will be developed to inform practical categorisation of areas; effective coordination and management of the PMF.

In view of the foregoing,


That the final draft eThekwini Municipality Precinct Management Framework for priority economic areas, attached to the Report by the Acting City Manager dated 2021-05-19, be approved, which framework is aimed at improving economic efficiencies and competitiveness for ultimate investment promotion and improved economic growth within the eThekwini Municipal area.ADOPTED.

3.2 Approval of Funding Support for Clothing and Textiles Cluster Programme (20/1/6/3):(: Economic Development Committee - Agenda 2021-07-08)

The eThekwini Municipality is mandated to support industry clusters to encourage participatory economic activities thereby enabling local industry to stabilize and grow the GDP of the eThekwini region. The Clothing and Textile industry is the largest employer in eThekwini and the sector remains critical to the growth of the City’s economy.

The KZN Clothing and Textile Cluster is a necessary vehicle to strengthen the industry and collectively drive greater efficiencies and economies of scale that will make the sector more competitive; create more jobs and protect the local rates base. Given the significance of the industry in the economy of the eThekwini region, the Committee supports continued efforts to strengthen the Clothing and Textile industry.

As such,


3.2.1 That authority be granted for the Head: Economic Development to continue facilitating the eThekwini Municipality’s participation in the Clothing and Textiles Industry programme through the KZN Clothing and Textile Cluster for the development, growth, and competitiveness of the sector.

3.2.2 That subject to .1 above, authority be granted for the City Manager to conclude a Memorandum of Agreement (MOA) to give effect to the partnership.

3.2.3 That subject to the approval of .1 and .2 above, authority be granted to the Head: Economic Development, in accordance with the MOA and, in line with Section 67 of the Local Government: Municipal Finance Management Act No. 56 of 2003, to disburse funds to the KZN Clothing and Textile Cluster (Non-Profit Company) amounting to R4 200 000.00 (Four Million Two Hundred Thousand Rand), excluding VAT, for the 2020/2021 financial year; R4 536 000.00 (Four Million Five Hundred and Thirty Six


Thousand Rand), excluding VAT, for the 2022/2023 financial year; and R4 898 880.00 (Four Million Eight Hundred and Ninety Eight Thousand Eight Hundred and Eighty Rand), excluding VAT, for the 2023/2024 financial year.

3.2.4 That the Head: Economic Development provide annual progress reports on this initiative as well as annual business plan for noting by the Economic Development and Planning Committee.

Vote No. Proposed Expenditure Financial Year

26102.25445.230.12120.000.38875.0010 R4 200 000 2021/22

26102.25445.230.12120.000.38875.0010 R4 536 000 2022/23

26102.25445.230.12120.000.38875.0010 R4 898 880 2023/24FC Number: 2022/18/05ADOPTED.

3.3 Proclamation of Widenham Wetland for Environmental Protection (17/2/1/2/1):(Page 49: Economic Development Committee - Agenda 2021-07-08)

As part of the eThekwini Municipality’s commitment to promote sustainable management of biodiversity and ecological infrastructure, it is recommended to proclaim Widenham Wetland as a protected area. This is in line with the requirements of the National Environmental Management: Protected Areas Act 57 of 2003, that enables landowners to establish Protected Areas on properties that are regarded as crucial for biodiversity conversation. Proclamation of Widenham Wetland will assist in introducing systematic management of the Wetland through development and implementation of the Wetland’s Management Plan.

On this basis,


3.3.1 That the Executive Committee supports the proclamation of the Widenham Wetland as a Protected Environment, in terms of Section 28 of the National Environmental Management Protected Areas Act, No. 57 of 2003 and agrees to conclude agreements with the KZN MEC for the Department of Economic Development, Tourism and Environmental Affairs, under the National Environmental Management Protected Areas Act, which are part of proclamation and management of the Widenham Wetland as a Protected Environment.

3.3.2 That the Executive Committee agrees that the eThekwini Municipality accepts the appointment as the Management Authority of the Protected Environment, in terms of Section 38(2) of the National Environmental Management: Protected Areas Act.

3.3.3 That authority be granted for the City Manager to endorse any agreements that may arise as a result of .1 and .2 above as well as other associated documents for the management of the Widenham Wetland.ADOPTED.

3.4 Authority to Acquire Land for Environmental Protection (17/2/1/1/2):(Page 88 : Economic Development Committee - Agenda 2021-07-08)


For environmental protection and management, authority is sought to acquire selected environmentally sensitive properties for this purpose. This is critical for substantially increasing land owned by the Municipality, which is designated for environmental protection and management, thus providing opportunities for “green” jobs. It should be noted that properties earmarked for this purpose fall within the Durban Metropolitan Open Space System (D’MOSS), are usually vacant; either private or state-owned; and are considered essential for meeting the Municipality’s objectives for sustainable development; biodiversity; and ecosystem services conservation and climate change adaptation objectives.

It is requested that the land acquisition authority being requested be valid for a period of three (03) financial years from the date of Council approval to allow sufficient time for negotiations and completion of the land acquisition processes.

Given the circumstances,


3.4.1 That authority be granted for the acquisition of properties as reflected in the table below, comprising a schedule of properties for acquisition in the year 2021/22 to 2023/24, through donation, private treaty or expropriation if necessary, following the appropriate procurement process, as prescribed by the relevant legislation, including the Municipal Supply Chain Management Policy, if applicable.

TABLE 1: Schedule of Properties for Acquisition: 2021-2024Property Description

Portion 330 of the Farm Upper End of Lange Fontein No. 980

Remainder of Erf 3564 Cato Manor

Remainder of Portions 226, 227 and 230 all of Newlands

Remainder of Portion 1 of the Farm Kirkman No. 915

Portion 1277 of Erf 85 Chatsworth

Remainder of Erf 3564 Cato Manor

Portion 279 of the Farm upper End of Lange Fontein No. 980

Portion 152 of the Farm Stockville No. 1302

Portion 3 of Erf 26 Winston Park

Proposed Portion of Erf 107 Forest Hills

Proposed Portion [A] of Erf 161 Hillcrest Park

Portion 280 of Upper End of Langefontein

Remainder of Portion 23 of the farm Uitkomst & Doornrug No. 852

Portion 24 of the farm Uitkomst & Doornrug No. 852

Portion 4 of Erf 243 Pinetown Ext 6

Portion 216 & 217 no. 906 Farm Drift

Erf 84 Moteseel

Erven 32, 33, 34 all of Summerhills

Rem of Portion 18 of the Farm Uitkomst & Doornrug

Portion 95 Clifton Farm


Property Description

(Donation of 56 ‘surplus’ properties from the Department Human Settlements)

Remainder of Erf 3015 Westville

Erf 1167 Kingsburgh

Erf 1487 Kingsburgh

Erf 1029 Amanzimtoti

Erf 2249 Amanzimtoti

Erf 28 Amanzimtoti

Erf 49 Kingsburgh

Portion 139 of The Farm Clitfon No. 939

Proposed Portion (OF) Portion 291 of The Farm The Drift No. 906

Portion 43 of the Farm The Drift No. 906

Portion 6 of Erf 52 Bothas Hill

3.4.2 That, in the event expropriation is deemed necessary, authority be granted for the Head: Real Estate to proceed with the expropriation of properties listed in Table 1: Schedule of properties for acquisition in the year 2021/22 to 2023/24.

3.4.3 That subject to the adoption of .2 above, authority be granted for the Head: Real Estate to assess compensation, in terms of Section 25(3) of the Constitution of the Republic of South Africa, Act 108 of 1996, read in conjunction with the Expropriation Act No. 63 of 1975, as the proposed acquisition is in the public interest and/or for public purposes and, as such, the acquisition is deemed compulsory.

3.4.4 That subject to the adoption of .3 above, authority be granted for the Head: Real Estate to conclude the appropriate Agreement and sign all necessary documents to effect the transfer, donation or expropriation and registration in favour of the eThekwini Municipality.ADOPTED.

3.5 Motivation for eThekwini Municipality to Enter into Third Memorandum of Understanding with C40 Cities Climate Leadership Group Inc. and GIZ (32/2/2):(Page 95: Economic Development Committee - Agenda 2021-07-08)

The eThekwini Municipality partnered with C40 Cities Climate Leadership Group Inc. and the Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ) to invest in ecological infrastructure in a way that enhances the natural environment. This has been demonstrated by the existing eThekwini Municipality Sihlanzimvelo Programme and other River Management Programmes.

It is in the best interest of the eThekwini Municipality to continue working with the parties referred to in the preceding paragraph in order to develop an Implementation Plan for the expansion of the Transformative Riverine Management Programme, along with actual funding applications. This will be accompanied by capacity building of internal staff in the development of such funding applications. In this regard, a third Memorandum of Understanding needs to be entered into in order to extend the partnership until 30 June 2022.


Accordingly,


3.5.1 That authority be granted for the eThekwini Municipality to enter into a third Memorandum of Understanding (MOU) with the C40 Cities Climate Leadership Group Inc. and the Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ), to be valid until 2020-06-30, in order to facilitate continued support for the development of a clear Implementation Plan and the development of funding applications, along with capacity building of internal staff in the development of funding applications for the Transformative Riverine Management Programme.

3.5.2 That, subject to the approval of .1 above, authority be granted for the City Manager to sign the above-mentioned MOU on behalf of eThekwini Municipality.ADOPTED.

3.6 Adoption of Reviewed eThekwini Municipality Land Use Scheme Comprising Six (06) Planning Regions: Central, North, South, Inner West, Outer West and Reservoir Hills (21/7/R):(Page 116: Economic Development Committee - Agenda 2021-07-08)

Authority is sought to adopt the revised eThekwini Municipality Land Use Scheme (EMLUS). The EMLUS comprises six (06) Planning Regions: Central, North, South, Inner West, Outer West and Reservoir Hills.

The rationale behind revising the scheme is based on the need to remain proactive in order to facilitate appropriate development and strategically growing the Municipality. Also, to ensure alignment of terminology; processes; and development standards across all Planning Regions. The revision is also undertaken in line with the statutory requirement for annual review of EMLUS.

The review undertaken in this regard is intended to incorporate the following:

Introduction of Student Accommodation into the EMLUS in order to ensure compliance with Municipal; Provincial; and National Standards. This is to provide definition of Student Accommodation and guidelines to provide proper planning.

Proposed amendment of the Home Business Exemption Clause to allow for a certain level of working from home as a free entry use, and then above a certain size, testing the impact via Special Consent. This is aimed at regulating home business as a result of the Covid-19 pandemic which forced closure of some of the businesses, so as to create a balance between retaining the majority residential component and promoting economic recovery for business that cannot afford office space but employ staff.

The Special Residential 180 Land Use Zone to ensure consistency through all the Planning Regions in terms of development controls; building line requirements; and built form as these are different from area to area which is confusing for developers

During consideration, the Democratic Alliance acknowledged the intended objectives for reviewing the EMLUS in the aspects considered. However, reservations were expressed based on potential negative impact on property value as well as on provision of basic Municipal services as a result of density. In this regard, an inspection-in-loco was recommended to assess areas to be affected.


Commenting on the aspect of Student Accommodation, the attention of the Committee was drawn to a pilot project undertaken with the University of KZN, Westville Campus, and the one currently underway with the Durban University of Technology. That findings arising therefrom have already been incorporated into the EMLUS to achieve necessary compliance. It was confirmed that, basically, Student Accommodation will cater for certain areas linked to tertiary institutions. Further, that the public participation process has been undertaken in this regard.

At the Support Committee level, (12) DA abstained on the matter and (19) ANC; IFP (2) ACDP (1) and IND (1) were in support of the recommendations.

At the Executive Committee level, a submission was made that the reviewed eThekwini Municipality Land Use Scheme that went out for public participation was not presented in its entirety. Hence, the DA submitted its difficulty to approve the amended document that they did not have sight of. A recommendation was then made that endeavours be made to ensure the document was viewed by relevant parties, including sending some link if voluminous.

Confirmation was then given that the proposed amendments were submitted for comments during the public participation process. Subsequently, the (03) Members of the DA abstained on the matter at this stage and (01) IFP Member and (05) ANC Members being in support of the recommendations,


3.6.1 That, in terms of Section 19 of the eThekwini Municipality Planning and Land Use Management By-law 2016, and the Spatial Planning and Land Use Management Act No.16 of 2013, the revised eThekwini Municipality Land Use Scheme (EMLUS), in line with statutory requirement for annual review, and with the revised elements impacting the six Planning Regions, namely, Central, North, South, Inner West, Outer West and Reservoir Hills and all the land use regulations pertaining to these areas, be adopted, as the revised elements relate to the introduction into EMLUS of Student Accommodation; amendment of Home Business Exemption Clause; ensuring consistency in application of Special Residential 180 Land Use Zone; it being recorded that the adoption of amendments is informed by the following reasons:

3.6.1.1 The Annual EMLUS review ensures compliance with the Spatial Planning and Land Use Management Act No.16 of 2013, in that it gives effect to the Development Principles, as described in Chapter 2 Clause 7(a),(b), (c), (d) and (e); Chapter 5, Land Use Management, Clause 24 (1) of the Spatial Planning and Land Use Management Act No.16 of 2013.

3.6.1.2 The reviewed EMLUS is in alignment with the Spatial Development Framework of the Municipality and further refinements with be made on an ongoing basis.

3.6.1.3 This annual EMLUS review responds to the ever-changing development pressures and trends within the Municipality.ADOPTED, by the majority vote.

3.7 Application in Terms of Section 26(1) of eThekwini Municipal Planning and Land Use Management By - Law, 2016 (Municipal Notice 114 of 2017 Amendment of eThekwini


Municipal Land Use Scheme: Outer West Planning Region, Development Facilitation Table by Introducing New Zone: Planned Unit Development 5 (21/7/3):(Page 122 : Economic Development Committee - Agenda 2021-07-08)

Authority is sought to amend the eThekwini Municipality Land Use Scheme: Outer West Planning Region, Section 7: Development Facilitation Table, by introducing a New Zone: Planned Unit Development 5 (PUD 5). The PUD 5 will allow for the establishment of approximately residential 559 Units that are to be contained within 98 residential buildings together with several common property buildings. Following engagements with relevant stakeholders, it was agreed that the proposed New Zone will be 50 du/ha to accommodate developments that would meet all additional infrastructure requirements associated with increased density.

Furthermore, the proposed amendment presents an opportunity to optimally utilise the subject site, by facilitating the provision of affordable housing in close proximity to places of employment. The PUD 5 is appropriate and meets the development principles, as set out in the current planning legislation; promotes efficient and sustainable economic development and use of infrastructure.

On this basis,


3.7.1 That in terms of Section 26(1) (b) of the eThekwini Municipality Planning and Land Use Management By-Law 2016 (Municipal Notice 114 of 2017), the application for the amendment of the eThekwini Municipality Land Use Scheme-Outer West Planning Region, Section 7: Development Facilitation Table, by introducing a New Zone: Planned Unit Development 5, be approved, for the following reasons:

3.7.1.1 The introduction of new Planned Unit Development 5 zone will provide necessary density to provide affordable gated residential developments in the Outer West Region.

3.7.1.2 The City’s strategic plans which include the Spatial Development Framework (SDF) Review 2019/2020, Outer West Spatial Development Plan (SDP) 201/15 and the Greater Waterfall Functional Area Plan (GWFAP), advocate for affordable housing in the Waterfall and, particularly, affordable housing developments.

3.7.1.3 The application promotes the Spatial Planning and Land Use Management Act, (Act 16 of 2013) development principle of Spatial Sustainability by introducing housing typologies to meet the needs of the economic groups in the area.

The eThekwini Municipality Land Use Scheme - Outer West Planning Region, Section 7: Development Facilitation Table will be amended as follows:

ZONE: PLANNED UNIT DEVELOPMENT 5

SCHEME INTENTION To provide, preserve, use land or buildings for Planned Unit Developments in the form of dwelling houses, flats, community facility and ancillary uses. Protection of the residential quality and character of developments and the well-being of its residents accommodating multiple uses of buildings to maximize on the neighbourhood environment.

MAP COLOUR REFERENCE:

PRIMARY SPECIAL CONSENT PRECLUDED

Conservation Area Agricultural Land Action Sports Bar Agency Office – Medical


Dwelling House Flat Multiple Unit

Development*

Arts and Crafts Workshop

Telecommunications infrastructure

Crèche Educational

Establishment Garden Nursery Government/Municipal Health & Beauty Clinic Health Studio Laundry Office Private Open Space Restaurant / Fast Food

Outlet • Shop Special Building Veterinary Clinic

Adult Premises Agricultural Activity Airport Animal facility Betting Depot Boarding House Builder’s Yard Car Wash Chalet Development Container Depot Convention Centre Correctional Facility Cemetery/

crematorium Direct Access Service

Centre Display Area Escort

Flea Market Fuelling and

Service Station Funeral Parlour Hotel Industry –

Extractive Industry – General Industry – Light Industry – Noxious Institution Landfill Mobile Home Park

and Camping Ground

Mortuary Motor Display

Area Motor Garage Motor Vehicle Test

Centre Motor Workshop Museum Nature Reserve Night Club

Parkade Pet Grooming

Parlour Place of Public

Entertainment Place of Public

Worship Recycling Centre Reform School Refuse Disposal Retirement Centre Riding Stables Sand-winning Scrap Yard Transport Depot Truck Stop Utilities Facility Warehouse Zoological Garden

ADDITIONAL CONTROLS

1. *All landscaping shall be to the discretion of the Municipality. 2. Subject to the provisions of a sewage disposal system to the satisfaction of the Municipality.3. There is no minimum curtilage or erf size, or other subdivisional control. 4. Internal public and private roads, public open space and private open space within a development will not be deducted from the area of

the Planned Unit Development (PUD) to determine potential. Educational requirements will however be deducted from the gross area. 5. Community facilities specifically designed to serve a PUD such as squash courts, crèches, community halls, minor commercial outlets

(each less than 100 m² in area) etc. may be provided in a PUD without the loss of any potential unit yield. 6. *A development plan shall be submitted for consideration by the applicant. Such development plan shall take into account and address

the reasonable concerns of the Municipality in relation to impact on the surrounding areas and may include factors such as the environment, geotechnical aspects, sewage disposal, typical unit types, etc.

7. Any lot created in terms of an approved development plan may be developed on the submission of building plans without any further development plan approval, provided that no substantial variation is proposed from the approved development plan.

8. Accommodation for motor vehicles to be provided as per Section 8 Provided that where housing is intended for persons who are likely to have a low car ownership, this clause may be relaxed on obtaining the special consent of the Municipality.

9. For all residential buildings, provision is to be made for landscaping and maintaining the grounds to the satisfaction of the Municipality, and not less than 25 per cent of the site shall be set aside and maintained as a garden and play area, which must be kept free of parking spaces and driveways. As part of the above, an area of 100 m² of usable land per residential unit shall be set aside on either flat or moderately sloping land in an easily accessible and, as far as possible, centrally located position for the recreational use of the residents to the satisfaction of the Municipality. Provided that the Municipality may, in special circumstances, relax this requirement in regard to location and extent.

DEVELOPMENT PARAMETERS

SPACE ABOUT BUILDINGS

DWELLING UNITS PER HECTARE

MINIMUM ERF SIZE

HEIGHT IN STOREY COVERAGE FLOOR AREA RATIO

BUILDING LINE:

FRONT

BUILDING LINE:

SIDE AND REAR

7.5 m (Not on individual subdivisional boundaries in a particular development

3 m (Not on individual subdivisional boundaries in a particular development

50 units per hectare N/A 3 N/A N/A

ADOPTED.

3.8 Approval of Durban Fresh Produce Market (Bulk Market) Rental Discount for the Purpose of Attaining Transformation (18/4/1/1/R):(Page 128 : Economic Development Committee - Agenda 2021-07-08)

Approval is sought for the provision of rental discount to African traders that occupy stalls within the Durban Fresh Produce market (DFPM) in support of transformation goals of eThekwini Municipality. It is proposed that monthly rental be discounted for a


period of three consecutive years for all existing and new African traders allocated trading and storage space. The three-year proposed discounted plan will be implemented such that the African traders receive a discounted rental in the first year of commencement hereof and the rental will gradually increase until the normal rate is implemented in the fourth year.Upon deliberations, some members raised concerns, pointing out that promotion of policies which elevate a particular race group is considered bias. Mention being made that the proposed approach creates an imbalanced competition and drives a divisive culture.

Reference was made to the impact of the Covid-19 pandemic on small businesses, a view being expressed that this affected businesses across the board irrespective of racial background. Hence, the selective approach in implementing micro-economic programmes was perceived an unfair principle.

Meanwhile, some members referred to the economic imbalance of the past which then prompts the Municipality to make necessary interventions in an attempt to bridge the economic gap created. For this reason, the recommendation was supported, it being also corrected that this was meant to promote effective economic integration rather than purely addressing the negative business impact as a result of the scourge of the Covid-19 pandemic.

With consensus not being reached at the Support Committee level, the (12) DA Members and (1) ACDP Member recorded their dissention on the matter and (19) ANC; (2) IFP and (1) IND were in support of the recommendations.

At the Executive Committee, DA submitted similar concerns as those raised at the Support Committee level. A submission being made that the selective approach was not the appropriate intervention to address economic transformation, whereas mentorship and partnership programmes were recommended if the Municipality intended to address economic gaps. The current approach was considered to fuel racial tensions and was considered to result in skewed economic outcome.

The recommendation was supported by the majority of Members; it being mentioned that the recommended approach was meant to provide solutions to challenges as research has been undertaken with regards to challenges faced by the tenants concerned. The attention was also drawn to another process which will include Indians and Coloureds in relation to Agencies. This signifying that the focus was on addressing challenges rather than implementing a selective process based on race.

Thereafter, with (03) DA Members voting against the matter and (01) IFP Member and (05) ANC Members being in support,


That, in support of transformation goals, authority be granted for the Head: Business Support, Tourism and Markets to implement a rental discount of 50% in Year 1; 40% in Year 2 and 30% in Year 3 to all existing and new African traders that commence occupying trading and storage stalls within the Durban Fresh Produce Market, with the breakdown thereof being outlined in the table below:

Description Proposed Discount % Current Tariff Proposed Discounted Tariff

Year 1 50% R71.50m2 R35.75m2


Year 2 40% R76.50m2 R45.90m2

Year 3 30% R81.85m2 R57.30m2

Financial Implications:

Total Rental Income over 3 years R1 641 877.00

Less Rental Discount over 3 years (R 649 357.00)

Revised Rental over 3 years R 992 520.00ADOPTED, by the majority vote.

3.9 Motivation for Durban Film Office to Support Adaptation of Theatre Play “Greatness Within You” to a 90-Minute Feature Film (20/2/R):(Page 131 : Economic Development Committee - Agenda 2021-07-08)

The Durban Film Office (DFO), the television and film industry development arm of eThekwini Municipality received an application for a feature film project “Greatness Within You”. While the application did not meet the applicable criteria, the project is deemed to have potential for economic and essential skills transfer for people working in different sections within filmmaking. Hence, the DFO sees value in supporting the development of “Greatness Within You” as an additional project for the Development Fund Programme. The project will not only create employment opportunities for approximately three hundred (300) local youth but will also uplift the community of eThekwini by addressing social ills. The project also seeks to promote audience development in line with the DFO’s outreach programme.

Given the benefits for the local youth and filmmakers as result of the project,


3.9.1 That the Executive Committee recommends to Council to approve grant funding in the amount of R250 000.00 (Two Hundred and Fifty Thousand Rand) towards the development of the feature film “Greatness Within You”, in line with the objective of positioning Durban as a world-class film and television production destination and a facilitator for the development of the local film industry.

3.9.2 That subject to the approval of .1 above, authority be granted for the City Manager to conclude the necessary contractual agreement with “Greatness Within You” film project owners, for the project to be part of the Durban Film Office’s Development Programmes.

3.9.3 That subject to the approval of .1 and .2 above, authority be granted for the Head: Economic Development to disburse funding in accordance with the approved contractual agreements.

Financial implications:Business Unit

Item Fund Costing Project Region Expenditure Proposal

Financial Year

26106 25030.17 12120 0000 63100-12 0010 R200 000.00 2021/22

26106 25030.17 12120 0000 63330 0010 R 50 000.00 2021/22

ADOPTED.


3.10 Retail Markets Tariffs (7/6/1/6):(Page 139 : Economic Development Committee - Agenda 2021-07-08)

During compilation of the tariffs Report in respect of Retail Markets, tariffs were erroneously provided. Incorrect billing will result in disputes with customers which will lead to the image and reputation of the Municipality being compromised. Hence, it is recommended to rescind the previous decision approving tariffs for Retail Markets, as contained in the Report by the Acting City Manager dated 2021-02-04. The list of tariffs charge codes has now been corrected to correspond accordingly. This then necessitates the approval of new Retail Markets tariffs, as per the schedule included in the Report by the Acting City Manager dated 2021-06-30.

Accordingly,


3.10.1 That the previous decision of the Retail Markets, as per the Report by the Acting City Manager dated 2021-02-04, be rescinded.

3.10.2 That the revised corrected tariffs, as reflected in the Report by the Acting City Manager dated 2021-06-30, be approved, for implementation to be effected, retrospectively, with effect from 2021-07-01.

3.10.3 That, subject to the adoption of .1 and .2 above, authority be granted for the City Manager to comply with the provisions of section 75A (3) and (4) of Local Government Municipal Systems Act 32 of 2000 to publicise corrected tariffs.ADOPTED.

3.11 Approval of Green Building Incentive Policy (32/P):(Page 194 : Economic Development Committee - Agenda 2021-07-08)

A Green Building Incentive Policy has been developed for implementation to guide the Municipality on the process to be followed to result in all new buildings complying with energy requirements. The Policy will benefit the Municipality by ensuring that buildings that will be designed and developed are more environmentally friendly and primarily decrease the amount of greenhouse gas emissions from new buildings that are constructed within the eThekwini Municipal area. Stakeholder consultation has been undertaken accordingly, hence, the submission of the Policy for approval.

Accordingly,


That the eThekwini Municipality Green Building Incentive Policy developed to encourage buildings that will be designed and constructed to be more environmentally friendly and primarily decrease the amount of greenhouse gas emissions from new buildings that are constructed with the eThekwini Municipal area, be adopted.ADOPTED.

4. REPORT OF FINANCE, SECURITY & EMERGENCY SERVICES COMMITTEE: MEETING HELD 2021-07-22


(Page R18)

4.1 Budget Statement Report for the Month Ending 31 May 2021 (7/1/4):(Page 15: Finance, Security & Emergency Services Committee - Agenda 2021-07-22)In giving an overview, the Head: Expenditure took the meeting through the salient features of the report relative to the actual operating revenue of 97% of the year to date budget with a variance of -3%, the actual operating expenditure was reported as a percentage of year to date budget at 96% with a variance of -4%, the capital expenditure at 91%% of the year to date budget with a variance of 9%. A cash collection of 94.74% as at May 2021 was reported as being higher when compared to the same period in the previous year (86.84%). Committee commended Treasury for the City’s Liability Management, which was not downgraded to junk status by rating agencies. Further acknowledgement was made on the improved credit rating which sees a positive look for eThekwini Municipality. On the other hand, concern was raised on the Durban Harbour being rated in the bottom 3 of the world’s 351 container handling facilities, according to the World’s Container Port Performance Index 2020.At the Support Committee level, the Democratic Alliance dissented on the matter and all other Parties were in support of the recommendations.

Upon an enquiry at the Executive Committee level, confirmation was given that cash on hand was currently sitting at sixty (60) days, which was in compliance with the National Treasury norm. On the issue of Durban Harbor being rated in the bottom 3 of the world’s 351 container handling facilities, according to the World Bank data index, it was advised that there were ongoing engagements being facilitated by National Treasury and the Presidency to establish and understand the methodology index being developed and utilized by the World Bank to arrive at such categorisation.

Accordingly,


That the Budget Statement report for the month ended 2021-05-31, submitted by the Acting City Manager as per his report dated 2021-06-21, in compliance with Section 71 of the Municipal Finance Management Act 56 of 2003 and in terms of Government Notice 32141 dated 17 April 2009, relating to the “Local Government: Municipal Finance Management Act 2003, the Municipal Budget and Reporting Regulations”, be noted.NOTED.

4.2 eThekwini Municipality Public Tender Awards Report: June 2021 (9/1/3):(Page 182: Finance, Security & Emergency Services Committee - Agenda 2021-07-22)

Accordingly,


4.2.1 That the public tender awards by the City for the month of June 2021, inclusive of awards made in terms of Section 36 of the Supply Chain Management Regulations, as contained in the report by the Acting City Manager dated 2021-07-16, be noted.


4.2.2 That it be noted that where information is available for Wards and registration numbers, it is included in the report, as information used to compile the report is taken from submissions made by the Units.

4.2.3 That the Finance, Security and Emergency Services Committee calls for additional information on individual awards, where it deems appropriate and necessary to play its oversight role.

4.2.4 That the Acting City Manager reserves the right to investigate the awards with a view to taking disciplinary, criminal and recovery actions where willful and negligent violation of Supply Chain Management Policies and Municipal Finance Management Act provisions are observed.

4.2.5 That the Acting City Manager shall table a report to the Committee relative to the disciplinary, criminal and recovery actions taken, it being recorded that the Acting City Manager can only respond when the reports are available.NOTED.

4.3 Update of Credit Facility and Short-Term Overdraft Facility with Nedbank (7/8/4):(Page 242: Finance, Security & Emergency Services Committee - Agenda 2021-07-22)

At the Support Committee level, the DA dissented on the contention that such increase of overdraft on the City’s Credit Facilities will impact negatively on the Municipality.

At the Executive Committee level, (03) DA Members abstained on the matter and (01) IFP Member and (05) ANC Members being support of the recommendation;


4.3.1 That the Finance, Security and Emergency Services Committee supports the Section 45 (3)(b) of the Municipal Finance Management Act, update of the City’s Credit Facilities with Nedbank and for onward submission of the report to Council for approval, in this regards, the Committee notes the current facility value of R681 568 000.00 (Six Hundred and Eighty One Million Five Hundred and Sixty Eight Thousand Rand) and its utilization thereof as at 30 June 2021 of R163 851 626.00 (One Hundred and Sixty Three Million Eight Hundred and Fifty One Thousand Six Hundred and Twenty Six Rand).

Update Facilities as at 30 June 2021:

The following is the summary of the updated facilities:

No. Facility Description Value of FacilityR

Utilization as at 30 June 2021

R

1. Primary Overdraft 20 000 000 Nil

2. Performance Letter of Guarantees 164 000 000 163 837 561

3. Letters of Credit 1 500 000 Nil

4. Fleet Management 68 000 14 065

5. Secondary Overdraft Facility 496 000 000 Nil

Total Facility Portfolio and Usage 681 568 000 163 851 626


4.3.2 That the Accounting Officer will report back to Executive Committee on any further changes as and when it may occur however, the Accounting Officer will provide the next update as at 30 June 2022.ADOPTED, by the majority vote.

4.4 Unauthorised, Irregular, Fruitless and Wasteful Expenditure (UIFW) Incurred for the Year Ended 30 June 2021:(Page 481: Finance, Security & Emergency Services Committee - Agenda 2021-07-22)At the Executive Committee level, (01) IFP Member dissented on the matter and (03) DA Members and (05) ANC Members being support of the recommendation;

COMMITTEE RECO MMENDS:

4.4.1 That Council notes the unaudited Irregular Expenditure amounting to R275 768 972.13 (Two Hundred and Seventy Five Million Seven Hundred and Sixty Eight Thousand Nine Hundred and Seventy Two Rand and Thirteen Cents) and

Fruitless and Wasteful expenditure of R460 (Four Hundred and Sixty Rand) reported for the year ended 30 June 2021, detailed in the report of the Acting City Manager dated 2021-07-07 and for the onward submission of this report to Council.

4.4.2 That depending on the outcome of the process detailed in terms of Section 32 of the Municipal Finance Management Act No. 56 of 2003, further action may arise including disciplinary action, recovery of monies and criminal charges being instituted where applicable.ADOPTED, by the majority vote.

4.5 Request for Additional Funding to Cater for Overtime Expenditure in Respect of Security Management Unit (4/5/1/3): (Page 407: Finance, Security & Emergency Services Committee - Agenda 2021-07-22)

At the Support Committee level, the DA abstained on the matter and the majority of Councillors were in support of the recommendation.

At the Executive Committee level, the DA submitted the view that there is a significant increase in overtime compared to the number of Councillors being protected. Clarity was sought in this regard to obtain an understanding and ascertain whether security resources are extended to service ordinary people or focus on VIP Protection.

Commenting on the matter, the Committee was informed that overtime expenditure emanates from five (05) areas within the Security Management Unit, which were VIP Protection, Contract & Surveys, Land Invasion, City Hall operations as well as Escort & Rapid Response. It being noted that the shift system was being considered in an attempt to reduce the overtime expenditure.

Thereafter, it was agreed that a separate report on VIP Protection as it relates to 24-hour protection service will be submitted for consideration by the Executive Committee.

Thereafter, (01) IFP Member and (03) DA Members dissenting on the matter at this stage and (05) ANC Members being support of the recommendation,



4.5.1 That in order for Security Management Unit to achieve it IDP objectives and the projects contained in the 2020/2021 SDBIP and to ensure that the Unit does not incur unauthorised expenditure, the request for additional funding of R59 493 000.00 (Fifty Nine Million Four Hundred and Ninety Three Thousand Rand).

4.5.2 That the anticipated Overtime Expenditure on overtime be ratified through the savings identified in the final adjustment budget.


FC: the expenditure will be regularised subject to savings being identified in the final adjustments budget.

The overtime budget is classified as follows:

Budget 2020/2021 Actual as at March 2021

Forecast 2020/2021

Additional Budget request to cater for up until end of 2020/2021 financial year

R39 253 000.00 R65 831 000.00 *R98 746 000.00 R59 493 000.00Trend of overtime expenditure reflects an increase:Exp for Sept, Oct average (R7.0m), Nov, Dec, Jan, Feb (R8.0m)ADOPTED, by the majority vote.

4.6 Memorandum of Agreement Between the South African Breweries and Metro Police - Alcohol Evidence Centre (28/1/R):(Page 449: Finance, Security & Emergency Services Committee - Agenda 2021-07-22)

With the Committee in consensus on the merits of the Memorandum of Agreement,


4.6.1 That authority be granted to the City Manager to enter into a Memorandum of Agreement with the South African Breweries for the establishment of the Alcohol Evidence Centre to assist with testing of potentially intoxicated drivers.

4.6.2 That it being noted that all costs for the establishment of the Alcohol Evidence Centre will be borne by the South African Breweries.ADOPTED.

4.7 Memorandum of Agreement Between RTIA and eThekwini Municipality (Metropolitan Police Service Unit) – Service Outlets – Kiosks (28/2/4/4):(Page 475: Finance, Security & Emergency Services Committee - Agenda 2021-07-22)

With the Committee in consensus on the merits of the Memorandum of Agreement,


4.7.1 That authority be granted to the City Manager to enter into a Memorandum of Agreement with the Road Traffic Infringement Agency (RTIA) for the implementation of Service Outlets in various sites in eThekwini Municipality for the provision of support services related to Administration Adjudication of Road Traffic Offences (AARTO).


4.7.2 That Council notes the imminent implementation of AARTO, which date will be confirmed once gazetted.ADOPTED.

5. REPORT OF COMMUNITY SERVICES COMMITTEE: MEETING HELD 2021 - 07 - 22

(Page R22)

5.1 Request for Approval for Renewal of Five (5) Full Blue Flag Beaches, Seven (7) Pilot Blue Flag Beaches and One (1) New Blue Flag Beach (25/2/7):(Page 11: Community Services Committee - Agenda 2021-07-22)

Committee noted the associated annual costs and validity period of the Blue Flag Beach Status and the Pilot Blue Flag Beaches respectively and the additional signage and outreach programmes costs which must be undertaken on an approximately quarterly basis. It was also noted that no capital budget was set aside for the current financial year due to the City’s financial constraints however, an amount of R1 000 000.00 (One Million Rand) was budgeted for the 2021/2022 and R10 500 000.00 (Ten Million Five Hundred Thousand Rand) for the 2022/2023 financial years’ budget towards improvements for Blue Flag Beaches. This includes lifeguard towers and signage upgrades, public ablution upgrades and additional life-saving equipment.

In proposing that the City re-apply for Full Blue Flag Beach status for the existing five (5) Beaches, and the re-application for the seven (7) Pilot Blue Flag Beaches, the City intends to make an application to include one (1) additional Pilot Blue Flag Beach namely, Addington Beach. This would amount to thirteen (13) Beaches within the eThekwini Municipality being registered for the Blue Flag Programme.

Thereafter,


5.1.1 That authority be granted to the Head: Parks, Recreation and Culture to submit an application to the Wildlife and Environment Society of South Africa (WESSA) for one (1) additional Pilot Blue Flag Beach status namely, Addington Beach, for the 2021/2022 financial year.

5.1.2 That subject to the approval of .1 above, authority be granted to the Head: Parks, Recreation and Culture to submit an application to the Wildlife and Environment Society of South Africa (WESSA) for the renewal of the existing five (5) Full Blue Flag Beaches namely, Ushaka, Point, Amanzimtoti Main, Umhlanga Main and North Beaches.

5.1.3 That subject to the approval of .1 and .2 above, authority be granted to the Head: Parks, Recreation and Culture to submit an application to the Wildlife and Environment Society of South Africa (WESSA) for the renewal of the existing seven (7) Pilot Blue Flag Beaches namely, Umgababa, South Beach, Anstey’s, Brighton, Bronze, Umdloti and Westbrooke Beaches.


5.1.4 That subject to the approval of .1, .2 and .3 above, authority be granted to the Head: Parks, Recreation and Culture to incur expenditure in the amount of R222 600.16 (Two Hundred and Twenty Two Thousand Six Hundred Rand and Sixteen Cents) for the City’s Full Blue Flag Beaches and Pilot Beaches.

5.1.5 That subject to the approval of .1, .2, .3 and .4 above, all Pilot and Blue Flag Beaches applications for the 2021/2022 financial year be applied for on a seasonal basis being March/April (Easter), June/July (Midterm Breaks) and from November – January (Festive Season) to provide opportunity for the City to undertake the necessary operational maintenance and renovations to ensure that the City is compliant with the Foundation for Environmental Education (FEE) stringent requirements of the Blue Flag Beach Programme.


Description Item Fund Costing Project Region/Ward Amount

Full Status Beaches

Ushaka 16010 10985.10 0000 36110 W026(26) R26 712.00

Point 16010 10985.10 000 36110 W028(28) R26 712.00

North Beach 16010 10985.10 000 36110 W028(28) R26 712.00

Umhlanga Main 16021 10985.10 000 36110 W035(35) R26 712.00

Amanzimtoti Main

16224 10985.10 000 36110 W097(97) R26 712.00

Total R133 560.00

Pilot Status Beaches

Umgababa 16224 10985.10 0000 36110 W098(98) R11 130.02

South Beach 16010 10985.10 000 36110 W026(26) R11 130.02

Addington 16010 10985.10 000 36110 W028(28) R11 130.02

Anstey’s 16010 10985.10 0 36110 W028()28 R11 130.02

Brighton 16010 10985.10 000 36110 W068(68) R11 130.02

Bronze 16021 10985.10 000 36110 W035(35) R11 130.02

Umdloti 16021 10985.10 0000 36110 W035(35) R11 130.02

Westbrooke 16021 10985.10 0000 36110 W035(58) R11 130.02

Total R89 040.16

GRAND TOTAL

R222 600.16

FC No.: 35/481ADOPTED.

5.2 Adoption of Management Effectiveness Tracking Tool by eThekwini Municipality in Nature Reserves Owned by Municipality (32/1/5/1/1):(Page 16: Community Services Committee Agenda - 2021-07-22)


It was noted that the Management Effectiveness Tracking Tool, a tool to assess the management effectiveness of Nature Reserves owned by the Municipality, would benefit the Municipality as results from the assessments undertaken would be required to be submitted to the Department of Environment, Forestry and Fisheries as well as to the City Manager in order to comply with relevant legislation.

Accordingly,

COMMITTEE RECOMMENDS:5.2.1 That approval be granted to the Head: Parks Recreation & Culture to implement the

adoption of the Management Effectiveness Tracking Tool (METT) by the eThekwini Municipality at Nature Reserves under the Municipality for assessment purposes and for the Municipality to comply with the provisions of the National Environmental Management: Protected Areas Act No. 57 of 2003.

5.2.2 That subject to the approval of .1 above, the Head: Parks, Recreation and Culture and the Head: Development Planning, Environment and Management Unit be granted authority to enter into a Memorandum of Understanding to utilise the METT to assess the management effectiveness of the eThekwini Municipality’s Nature Reserves.

5.2.3 That subject to the approval of .1 and .2 above, the Head: Parks, Recreation and Culture be granted authority to submit the Management Effectiveness Tracking Tool assessment results to the Department of Environment, Forestry and Fisheries.

5.2.4 That subject to the approval of .1, .2 and .3 above, the Head: Parks, Recreation and Culture be granted authority to submit the METT assessment results to the Acting City Manager.


None.ADOPTED.

5.3 Request for Approval of Service Level Agreement Between Department of Health and eThekwini Municipality to Render Personal Health Services for a Three (3) Year Period (30/1/6/R) & (12/8/1):(Page 20: Community Services Committee - Agenda 2021-07-22)

Committee noted that the approved Service Level Agreement between the KwaZulu-Natal Department of Health and the eThekwini Municipality regarding the assignment of Primary Health Care Clinic Services to the Municipality, had expired on 31 March 2021. It being noted that it was crucial for an agreement to be in place to allow for the reimbursement of funds by the KwaZulu-Natal Department of Health. It was highlighted that the Service Level Agreement would be submitted to the City’s Legal and Compliance Unit for further advice to allow for an informed decision before the final sign off on the Agreement. The Health Unit will submit monthly claims to the KwaZulu-Natal Department of Health accordingly while the process unfolds.

With Committee being in agreement,



5.3.1 That authority be granted to the Head: Health to enter into a Service Level Agreement between the KwaZulu-Natal Department of Health and the eThekwini Municipality to render Primary Health Care Clinic Services to the Municipality for a period of three (3) years from 01 April 2021 to 31 March 2024, it being noted that such is in accordance with Section 32(2) of the National Health Act 2003 (Act No. 61 of 2003) which states that the MEC for Health shall assign such Health Services to a Municipality as contemplated in Section 156(4) of the Constitution of Republic of South Africa.

5.3.2 That subject to the approval of .1 above, the Head: Health be granted authority to submit claims to the KwaZulu-Natal Department of Health while awaiting the sign off on the Service Level Agreement.

5.3.3 That it be noted that the Service Level Agreement received from the KwaZulu-Natal Department of Health did not include complete and upfront declaration of financial implications.ADOPTED.

6. REQUEST FOR AUTHORITY TO UNDERTAKE CITY HALL BUILDING UPGRADE AND RENOVATION (17/2/2/2/1 & 17/2/2/4)

(Page 66)

The Committee received a report advising of the findings of the conditional assessment undertaken in the City Hall building. The findings include a need to repair roof ceiling; domestic water pipes; electrical reticulation; and poor building ventilation. It being noted this pose risk to City Hall building occupants and users.

City Hall is a heritage building and a national monument that is over 110 years. Major upgrades are undertaken in consultation with AMAFA, a KZN Provincial Heritage Conservation Agency. As such, it has been considered prudent to implement City Hall repairs in a two-phase approach. This will entail separating the scope of work into long-term repair work and urgent replacement of critical deteriorating structures. It should be noted that previously ad hoc repairs have been undertaken based on funding availability. However, this option is no longer advisable given that most of the building fixtures are past their lifespan and renders the building non-compliant to applicable Regulations.

Given the significance of City Hall as the Municipal Headquarters, accommodating both political and administrative leadership of eThekwini Municipality,


6.1 That a holistic comprehensive proactive approach for City Hall upgrade and building renovations be approved subject to availability of funds.

6.2 That subject to the approval of .1 above, the renovations be undertaken under two (2) stages which consist of Phase One (1) for planning finalisation of budget estimates and Phase Two (2) for procurement and City Hall upgrade and building renovations.

6.3 That subject to the approval of .1 and .2 above, a total cost estimate of R1 000 000.00 (One Million Rand) be approved for implementation of Phase One (1) of the City Hall upgrade and building renovations, to be identified from savings within the City Administration Unit budget.


6.4 That subject to the approval of .1, .2 and .3 above, after completion of Phase One (1) a report with total budget estimate for implementation of holistic and comprehensive City Hall upgrade and building renovations be provided to Council for approval.ADOPTED.

7. REQUEST FOR EXTENSION OF EXPANDED PUBLIC WORKS PROGRAMME (4/3/5/3)

(Page 71)

Authority is sought for an extension of contracts for the Expanded Public Works Programme (EPWP) for a period of twelve (12) months (July 2021 – June 2022). Further, to request additional funding to supplement the 2021/2022 financial year Incentive Grant (IG) received from the National Department of Public Works and Infrastructure.

EPWP is a Government’s programme for poverty and unemployment eradication. EThekwini Municipality has been given a target to create 83 893 work opportunities during 2019-2024. The Programme currently has 4 799 participants. The National Department of Public Works has allocated an amount of R81 691 000 (Eighty One Million Six Hundred and Ninety One Thousand Rand) for the EPWP in the 2021/22 financial year. There is a shortfall of R179 382 279.00 (One Hundred and Seventy Nine Million Three Hundred and Eighty Two Thousand Two Hundred and Seventy Nine Rand) in terms of the current EPWP driven by eThekwini Municipality.

The DA expressed reservations on this matter given the outstanding report in terms of verifying the EPWP beneficiaries and related matters. Also, queering the rationale behind the Municipality exceeding the number of beneficiaries to be covered in terms of the funding allocation by the Department of Public Works.

On the issue of EPWP verification report, the Committee was informed that the verification process has already been completed by the Internal Audit Unit and the report in this regard was being finalised which will comprise recommendations to deal with EPWP challenges.

Pending the submission of the report addressing the EPWP challenges, the (03) DA Members dissented on the matter, with (05) ANC and (01) IFP Members being in support.

Therefore, by the majority vote,


7.1 That Council approves the extension of the Expanded Public Works Programme and projects for a period of twelve (12) months, effective 01 July 2021 to 30 June 2022.

7.2 That subject to the approval of .1 above, authority be granted to the Deputy City Manager to identify and allocate top up funding, in the amount of R179 382 279.00 (One Hundred and Seventy Nine Million Three Hundred and Eighty Two Thousand Two Hundred and Seventy Nine Rand) from savings, required to sustain the Expanded Public Works Programme.


7.3 That, subject to the approval of .1 and .2 above, authority be granted to the Acting City Manager to sign a Memorandum of Agreement, on behalf of eThekwini Municipality, with the National Department of Public Works and Infrastructure.

Financial Implications:2021/2022 ESTIMATED BUDGET

Project Name Monthly Average (Based

on Jul ’20 – March ’21)

2021/2022 pm @6%

Imcrement

Grant Funding

Council Funding Total Expenditure

IG/Cleaning Services Cornubia Project

81 961.10 86 878.77 388 630.00 653 915.19 1 042 545.00

IG/DSW City Wide Cleaning Programme

3 692 138.19 3 913 666.48 11 069 960.00 35 894 037.72 46 963 998.00

IG/EPWP Community Water Agents

1 050 941.37 1 113 997.86 4 350 110.00 9 017 864.28 13 367 974.00

IG/Safety Volunteer Project 13 566 755.96 17 380 761.32 57 105 480.00 115 463 655.87 172 569 136.00

IG/Urban Management Zone 530 016.53 561 817.52 2 341 340.00 4 400 470.28 6 741 810.00

IG/EPWP Social Sector 1 406 997.75 1 491 417.61 5 613 040.00 12 283 971.34 17 897 011

IG/EPWP Administration 195 817.95 207 567.03 822 440.00 1 668 364.32 2 490 804.00

TOTAL 20 524 628.85 21 756 106.58 81 691 000.00 179 382 279.00 261 073 279.00

Pa. 246 295 546.23 261 073 279.00 81 691 000.00 179 382 279.00 261 073 279.00

ADOPTED, by the majority vote.

8. DRAFT TERMS OF REFERENCE FOR ETHEKWINI MUNICIPALITY DISCLINARY BOARD (3/2/1)

(Page 75)

It was recalled that the draft Terms of Reference previously served before the Executive Committee and Council. However, the adoption thereof was still pending at these levels since there were elements which needed to be clarified and amended, in particular, as they relate to the scope of the functioning of the Board and the composition of the Board.

On the issue of the appointment of the Board, where some Members felt the process is not completed in the absence of specific names of Members to serve on the Board, it was clarified that the Municipal Council at its June 2021 meeting finalised the appointment of the Board in terms of its composition, with the specific names of Members to be dealt with by the Accounting Officer administratively as per the levels of designations approved by Council.

On this basis,


That the Terms of Reference for the eThekwini Municipality Disciplinary Board as contained in the Acting City Manager’s Report dated 2021-07-23, be approved, it being


recorded that the Terms of Reference clarifies, amongst other things, the Board composition; scope of operation; and reporting lines as it fulfils its mandate to investigate allegations of financial misconduct and monitoring the institution of disciplinary proceedings against Municipal officials, including officials of Municipal Entities, also monitoring the implementation of consequence management of other non-financial misconduct.ADOPTED.

9. PROPOSED ALIENATION OF ERF 1298 KINGSBURGH BY PRIVATE TREATY TO ADJOINING OWNER (CONVERSION OF LEASEHOLD TO FREEHOLD) PLAN NO SJ4655/4 EXTENT 2669M2 (17/2/1/2/3)

(Page 90)

It will be recalled that the matter under discussion was previously referred back by Council to the Executive Committee. With the matter having been resubmitted and agreed to,


9.1 That the Municipal Council declares, in terms of Regulation 5(1) (b), Regulation 7, Regulation 12 of the Municipal Asset Transfer Regulations 2008, read together with Section 14 (2)(a) and (b) of the Municipal Finance Management Act No. 56 of 2003 that:

9.1.1 The property described as Erf 1298 Kingsburgh in extent of 2669m2 as depicted on Plan SJ 4655/4 is not needed to provide the minimum level of basic Municipal services and to be surplus to requirement of the Municipality.

9.1.2 The current market value of the property is currently assessed at a value of R300 000.00 (Three Hundred Thousand Rand), excluding VAT.

9.2 That Council approves the proposed alienation for religious purposes which will be discounted by 90% of the fair market value, having duly considered the principles as set out in Regulation 13(2) of the Municipal Asset Transfer Regulations, with the discounted value being determined to be R30 000.00 (Thirty Thousand Rand).

9.3 That a reversionary clause be included in the title deed of the property stating that the subject property can only be utilized for religious purposes and for ancillary purposes thereto and no other purpose whatsoever.

9.4 That Erf 1298 Kingsburgh be sold to the adjourning owner at a purchase price of R34 500.00 (Thirty Four Thousand Five Hundred Rand), including VAT.

9.5 That with the authority to sell being granted, a termination of the existing lease between the Municipality and The Grace Baptist Church over the subject property be effected as at date of transfer.

9.6 That the land in question is presently zoned Existing Road in terms of the Town Planning Scheme and will require an amendment to Limited Commercial, therefore, application for the scheme amendment to accommodate a worship site must be submitted in terms of the Spatial Planning and Land Use Management Act, with all cost involved in this transaction to be borne by the Purchaser.


9.7 That the area to be disposed of must be consolidated with the adjoining properties Erven 1296 and 1297, however, should that not be possible, the area may be notarially tied to the adjoining properties, and all costs involved in this transaction shall be borne by the Purchaser.

9.8 That the portion of the area to be alienated compromises the existing road reserve which must be formally closed prior to alienation which will need to be undertaken in terms of the Local Authorities Ordinance Act No. 25 of 1974, read together with the Spatial Planning and Land Use Management Act, and with all costs involved in this transaction to be borne by the Purchaser.

9.9 That the Telkom plant may be affected by this proposal, and in this regard the Purchaser is to liaise with that authority in order to ascertain their requirements.

9.10 That subject to the adoption of paragraphs .1 to .9 above, 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 Municipality 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 Municipal interest.ADOPTED.

10. AUDIT COMMITEEE REPORT FOR THE SECOND QUARTER ENDED 31 DECEMBER 2020

(Page 126)

The report of the Audit Committee was tabled by the Chairperson of the Audit Committee at the meeting of the Executive Committee on 2021-06-22. In terms of the process adopted by the Executive Committee, consideration of the report was held in abeyance pending the submission of responses by Management on findings contained therein. Accordingly, the Executive Committee received and noted a detailed report on Management responses in relation the Audit Committee report for the quarter ended 31 December 2020.

Accordingly,


10.1 That the Audit Committee Report for the Second Quarter of 2020/2021 from 01 October to 31 December 2020, submitted in terms of Section 166 (1) of the Municipal Finance Management Act No. 56 of 2003 and Section 14(2) (a) of the Local Government Municipal Planning & Performance Management Regulations to advise Council on the activities of the Audit Committee and the results of its quarterly reviews of the systems of internal financial control, internal audit; risk management processes; financial reporting; performance management; governance; compliance with laws and regulations; any other issues referred by the Municipality or its Entities; be noted; it being recorded that significant matters raised include:

(i) Lifestyle Audits: recommendation for Executive Management to propose voluntary lifestyle audits as condition of employment for senior management staff, in view of no legal basis to enforce compulsory lifestyle audits


(ii) Expanded Public Works Programme: to accelerate physical verification of EPWP beneficiaries

(iii) Information Technology: to clear findings by the Auditor-General as they relate to control deficiencies in the IT environment and addressing reporting relationships amongst the officials responsible for IT within the Municipality.

(iv) Overtime Payments: to clear finding by the Auditor-General in relation to implementation of control measures to reduce overtime, with a recommendation to include overtime management as part of the performance contracts of Deputy City Managers

10.2 That Council notes that the Executive Committee is monitoring the process of clearing the audit findings as per the progress report, comprising associated timelines submitted to the Committee as part of action plan to address the findings.NOTED.

11. INDIVIDUAL PERFORMANCE AGREEMENTS AND INDIVIDUAL PERFORMANCE PLANS (IPP’S) FOR SECTION 54 A AND 56 FOR 2021/22 FINANCIAL YEAR (2/10/1/1/1/1)

(Page 159)

The Individual Performance Agreements and Individual Performance Plans (IPPs) for Section 56 Senior Managers were presented. The Performance Plans outline the performance objectives in line with performance targets set, including performance monitoring mechanisms for accountability purposes. This also to ensure that Management delivers on targets set to accelerate service delivery within the Municipality.

In this regard,


That, in line with the requirements of Section 53(3)(b) of the Municipal Finance Management Act No. 56 of 2003, pertaining to the mandate for His Worship the Mayor to ensure submission of Agreements and Plans, Council notes the 2021/2022 Individual Performance Agreements and Individual Performance Plans for the Chief Operations Officer and the Deputy City Managers reflected in the table below, with details of the actual Agreements and Plans being included in the report by the Acting City Manager dated 2021-07-22

No. Name Designation

1. Mr Musa Mbhele Chief Operations Officer

2. Mr Sipho Cele Deputy City Manager: Governance & International Relations

3. Ms Beryl Mphakathi Deputy City Manager: Human Settlements, Engineering Services & Transport


4. Mr Phillip Sithole Deputy City Manager: Economic Development & Planning

5. Dr Musa Gumede Deputy City Manager: Community and Emergency Services

6. Ms Kim Makhathini Deputy City Manager: Corporate & Human Capital

7. Mr Sibusiso Makhanya Deputy City Manager: Trading Services

NOTED.

12. SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN REPORT FOR QUARTER ENDED 30 JUNE 2021 (2/10/1/1/1)

(Page 401)


12.1 That in terms of the Municipal Finance Management Act, Circular No. 13, the Service Delivery and Budget Implementation Plan for the quarter ended 30 June 2021, which reflects an overall achievement of 85.62%, with the breakdown contained in the table below, be noted.

Plan No

Plan Name Achievement Rate

1 Develop and sustain our Spatial, Natural and Built Environment 100.00%2 Developing a Prosperous, Diverse Economy and Employment

Creation100.00%

3A Creating a Quality Living Environment 79.17%3B Creating a Quality Living Environment 75.00%3C Creating a Quality Living Environment 100.00%4A Fostering a Socially Equitable Environment 77.78%4B Fostering a Socially Equitable Environment 66.67%5 Supporting Design, Human Capital Development and Management 83.33%6A A vibrant and creative City - the foundation for sustainability and

social cohesion83.33%

6B Stadia Facilities Unit 50.00%7A Good Governance and Responsive Local Government 83.33%7B Good Governance and Responsive Local Government 100%7C Good Governance and Responsive Local Government 100%8 Financially Accountable and Sustainable City 100.00%Overall Achievement 85.62%

Plan Number Plan Name Achievement Rate

Plan 21 ICC 100.00%Plan 21 uShaka 63.64%

NOTED.

13. RESPONSE TO CIVIL UNREST EXPERIENCED WITHIN ETHEKWINI MUNICIPAL AREA


(Page 1)

The Committee noted that this was a follow-up submission of the Civil Unrest Report as contained in the Council Main Agenda dated 2021-07-29. The intention is to outline the impact of the unrest, proposed response by the City as well as to seek authority on the recommended way forward.

It is common knowledge that the impact of the civil unrest has taken its toll in many areas, including social and economic impact. The impact has been quantified accordingly as well as interventions to be implemented to support victims from the individual and business perspectives. The spheres of government are implementing various measures to assist affected areas and revive the economy.During consideration of the matter at the Executive Committee, the following views were submitted for incorporation as part of the interventions to support individuals and businesses affected:

100% rates rebates for damaged businesses until they are in the position to submit occupation certificate, so as to sustain business investment in the City of eThekwini.

Investigation of the City’s emergency response as being undertaken by Metro Police; Fire & Emergency Services; and collaborating with SAPS on issues of crowd control, as raised previously, in terms of building local capacity in this regard.

Engaging the Provincial and National Economic Clusters to collaborate resources to revive the economy.

Business relief interventions to be also extended to township businesses for this to be all-inclusive and most importantly to revive small businesses.

Outlining social relief programme to be undertaken and detailing the capacity by the Municipality to undertake this programme, also communicating the social relief plan to the public.

Confirmation was then given that the Municipality is indeed looking at implementing a comprehensive plan to ensure that victims are accommodated accordingly. Thereafter, the Acting City Manager amended the recommendations by adding 6.15 in the Executive Committee Report, but in this agenda, the amendment is recorded as 12.15 in relation to requesting that a state of local disaster be declared within the eThekwini Municipal area.

At this stage, the 03) DA Members abstained on this matter. With the majority being in support,


13.1 That the report on civil unrest experienced within eThekwini Municipal area, including the social and economic impact as well as proposed interventions, as detailed in the report by the Acting City Manager dated 2021-07-26, be noted.


13.2 That Council approves the responses being taken as a result of the unrest, including areas that needs to be prioritised.

13.3 That the Deputy City Manager: Economic Development & Planning be authorised to set-up the One-Stop Centre at the Durban Exhibition Centre, with the participation of all relevant government departments.

13.4 That Council notes in terms of rates relief to property owners where the building is non-functional completely, upon application, relief through a supplementary valuation in terms of Section 79 of the Municipal Property Rates Act, or alternatively in terms of Clause 7.11 of the Rates Policy whereby a 75% rebate will be awarded for a period of six (6) to twelve (12) months, be granted, it being noted that both benefits will not be granted to the property simultaneously.

13.5 That authority be granted to the Acting City Manager to establish a Multi-Disciplinary Team to assess applications and determine whether Section 78 of the Municipal Property Act of Clause 7.11 of the Rates Policy will apply in each application based on the merits of each case, it being noted that such team will comprise of representatives from Fire, Building Inspectorate, Economic Development, Real Estate and Revenue.

13.6 That authority be granted to the Deputy City Manager: Finance to consider and approve requests to waive reconnection fees and Section 78 application fees due to the impact of the unrest.

13.7 That Council notes the special provisions for building plan submission in respect of properties damaged during the unrest.

13.8 That Council notes that the Acting City Manager will be submitting a report on the Municipality’s Safety and Security Plan during the month of August 2021.

13.9 That Council approves the extension of rates rebates in respect of B&B’s and Guest Houses for a further three (3) months commencing from 01 July 2021.

13.10 That authority be granted to the Head: Real Estate to grant a rental holiday to tenants of Council-owned properties that are non-functional due to the unrest.

13.11 That Council approves the provision of a rental holiday to informal traders for three (3) months, commencing from 01 July 2021.

13.12 That authority be granted to the Deputy City Manager: Finance to initiate an adjustment budget process once the full financial impact has been quantified for tabling and approval by Council.

13.13 That the Acting City Manager set-up the eThekwini Enterprise and Supplier Development Fund and the formation of a non-profit company to manage the fund.

13.14 That the Acting City Manager report on a monthly basis on the full details of the damages reported and an update on the progress made with relief measures.

13.15 That a declaration of a disaster as guided by Section 23 (2), Section 41 (1) and Section 55 (1) of the Disaster Management Act 57 of 2002, be approved, for application to be made with the National Department of Cooperative Governance and Traditional Affairs.



1. It is noted that the Deputy City Manager: Finance is seeking approval to initiate an adjustment budget process once the full financial impact has been quantified. This will be undertaken after engaging with National Treasury.

2. The full implications of the rates rebate is still unknown, and will be considered as part of the budget adjustment process.

3. Ordinarily, all property and equipment is Council ownership are covered through SASRIA, however, should any items not be covered, a full report will be tabled at Council.

4. The financial implications that will arise as a result of the extension of rates rebates for B&B’s and Guest Houses will be addressed in the budget adjustment report that will be tabled by the Deputy City Manager: Finance.

5. The financial implications of extending a rental holiday for SMME’s that are located in Council-owned premises that were destroyed will be addresses in the budget adjustment report.

ADOPTED, by the majority vote.

14. ELECTION OF ETHEKWINI MUNICIPALITY DEPUTY MAYOR (3/2/1)

(L122)

The Committee noted the election process to be followed to elect Deputy Mayor of eThekwini Municipality, as outlined in the report by the City Manager dated 2021-07-27. The process entails an election of candidates through a secret ballot, as per the requirements in terms of Schedule 3 contained in the Local Government: Municipal Structures Act No. 117 of 1998.

It was reported then that the Municipal Council will embark on the process to elect Deputy Mayor at its meeting scheduled for Thursday, 2021-07-29. That logistical arrangements have been concluded in this regard, including sourcing the service of the Independent Electoral Commission to ensure the election is conducted in a free and fair manner.

Accordingly,


14.1 That Council notes logistical arrangements made to fill the vacant position of Deputy Mayor during the Municipal Council meeting scheduled for Thursday, 29 July 2021@10h00 at the Inkosi Albert Luthuli International Convention Centre.

14.2 That Council notes the election process to be observed to elect Deputy Mayor is informed by the requirements of Schedule 3 contained in the Local Government: Municipal Structures Act No. 117 of 1998.DEFERRED.


15. PEOPLE MOVER FARE INCREASE (7/6/1/7)

(L123)

Authority is sought for the approval of the People Mover bus service fare increase of R0.50 cents for implementation by 01 September 2021. The People Mover bus service is funded through passenger fare and contribution from Council funding. The fare increase is being recommended following an assessment of fuel; labour; and other operating cost.

The assessment was done by an independent company, Transport Economic Support Service, responsible for monitoring bus service and ensuring Government realises value for money on its contribution thereto. It should be noted that the fare increase has not been increased since 2013. The increase being recommended has been kept to minimal taking into consideration the economic impact as a result of the Covid-19 pandemic, but also taking into account the significance of maintaining current levels of bus service.

The (03) Members of the DA abstained on the matter and with (01) IFP Member voting against the fare increase. The DA felt there is no fair competition in the People Mover service and overall public transport sector, starting from the manner in which a tender is being awarded.

On the other hand, the IFP felt it was inopportune to consider an increase given the negative economic impact as a result of the Covid-19 pandemic, but that this could be delayed until the economy is strengthened.

The ANC (05) supported the increase given a balance which has been created to keep up with the inflation whilst also keeping the increase to a minimal value ensuring commuters are not detrimentally affected. This also taking into account that the initial fare increase proposal was R1.00 but, through necessary interventions, this was subsequently reduced to R0.50c. It was maintained that People Mover was still a cheaper mode of transport compared to the other modes of transport operating in the area. Cognisance was also taken that Council will still have to fund the operations if the increase is not implemented.

Thereafter, by the majority votes,


That Council approves a fare increase of Fifty Cents (R0.50c) for People Mover bus service, for implementation with effect from 01 September 2021.ADOPTED, by the majority vote.

16. DRAFT PROCESS PLAN FOR 2022/2023 INTEGRATED DEVELOPMENT PLAN REVIEW (2/1/6/1)

(L124)

In terms of Chapter 5, Section 34 of the Local Government Municipal Systems Act No. 32 of 2000, Municipalities are required to annually review and amend their Integrated Development Plans (IDPs), in accordance with an assessment of its performance measurements. Section 28 further stipulates that the Municipal Council must adopt a


process to guide the planning, drafting, adoption and review of its IDP. In this regard, the Strategy Office has prepared the Draft 2022/2023 IDP Process Plan for advertisement to solicit stakeholder comments. Thereafter, the draft process plan incorporating comments received will be tabled to Council for adoption.

The Process Plan focuses on the following elements: Defined steps to be followed to review the IDP and associated timelines Outlines stakeholder roles and responsibilities in the IDP review process Costs estimates to facilitate the IDP review process Incorporation of new processes such as the City Planning Commission and

Durban Resilient Strategy as strategic inputs into the IDP review process

In view of the statutory requirement in relation to the IDP review,


That authority be granted for the Acting City Manager to advertise draft 2022/2023 Process Plan, contained in the report by the Acting City Manager dated 2021-07-27, for the annual review of the Integrated Development Plan, to solicit public comments over a 30 day period from 2021-07-30 to 2021-08-30, it being noted that the draft Process Plan incorporating stakeholder comments shall be tabled in the September 2021 Council meeting for adoption.ADOPTED.

17. ELECTION OF CHAIRPERSON OF FINANCE, SECURITY & EMERGENCY SERVICES COMMITTEE (3/2/2)

(Raised verbally)

The attention of the Committee was drawn to a need to officially appoint Chairperson of the Finance, Security & Emergency Services Committee, following the resignation of the then Councillor BF Scott who was the Chairperson of the said Committee. It will be recalled that the Municipal Council at its meeting in June 2021 officially replaced the then Councillor BF Scott with Councillor DG Hoorzuk.

It was then confirmed that Section 80(3)(a) of the Local Government: Municipal Structures Act No. 117 of 1998 makes provision for the Executive Committee to appoint a Chairperson for each Portfolio Committee from the Executive Committee. Therefore, this was the process to be followed in appointing new Chairperson of the Finance, Security and Emergency Services Committee.

In this regard, the Acting Chairperson, Councillor T Sabelo, initiated the appointment process where nominated candidates were the Executive Committee Members DG Hoorzuk and NL Graham. Thereafter, the matter was put to the vote and the Executive Committee Member DG Hoorzuk was supported, with a number of five (05) ANC votes, and the Executive Committee Member NL Graham receiving four (04) votes, which comprises DA (03) and IFP (01).

Accordingly, by the majority vote, the Executive Committee Member DG Hoorzuk was elected Chairperson of the Finance, Security and Emergency Services Committee to take responsibility and to lead activities of such Committee with the support by the Executive Management.



That Council notes the election of the Executive Committee Member, Councillor DG Hoorzuk as Chairperson of the Finance, Security and Emergency Services Committee, in line with the requirements of Section 80(3)(a) of the Local Government: Municipal Structures Act No. 117 of 1998. NOTED, by the majority support.

18. NOTICES OF MOTION

18.1 NOTICE OF MOTION: PROPOSED BY COUNCILLOR SAMIER SINGH AND SECONDED BY COUNCILLOR M JOHNSON: INFILL HOUSING SCHEME DEVELOPMENTNOT CARRIED.

18.2 NOTICE OF MOTION: PROPOSED BY COUNCILLOR S GOVENDER AND SECONDED BY COUNCILLOR KR PILLAY: SPEED CALMING POLICYNOT CARRIED.

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City Administration: Secretariat06 August 2021.

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