minutes council 24 03 2016 - tshwane · 1 council minutes for approval at the 54th council meeting...

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COUNCIL MINUTES FOR APPROVAL AT THE 54

th COUNCIL MEETING OF THE CITY OF

TSHWANE METROPOLITAN MUNICIPALITY (THIRD TERM OF THE CITY OF TSHWANE), TO BE HELD ON 28 APRIL 2016 AT 10:00

Council Meeting of the City of Tshwane Metropolitan Municipality held on 24 MARCH 2016 at 10:00

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MINUTES of the Council Meeting of the

CITY OF TSHWANE METROPOLITAN MUNICIPALITY

(THIRD TERM OF THE CITY OF TSHWANE)

held in the Council Chamber, Sammy Marks Conference Centre, cnr Lilian Ngoyi and Madiba Streets, Pretoria, on THURSDAY, 24 MARCH 2016 at 10:00

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COUNCILLORS PRESENT: COUNCIL MEETING: 24 MARCH 2016

ANC:

PROPORTIONAL

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

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

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WARD

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

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

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DA : PROPORTIONAL

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

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

WARD 46. Aucamp, MGW 47. Aucamp, M 48. VACANT 49. Barendrecht, JW 50. Bekker CF 51. Bosch VA 52. Boshoff CH 53. Chapman BW 54. Coetzee JJ 55. Du Plooy J 56. Erasmus GM (Absent) 57. Fourie HF 58. Fourie RP 59. Kruger Muller ME 60. Linde E 61. Louw E (Apology) 62. Mc Donald CN 63. Meyer K

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

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FF+:

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

COPE:

PROPORTIONAL 1. Babane, TJ 2. Nkwane, S

ACDP:

PROPORTIONAL 1. Kissoonduth, A

AZAPO:

PROPORTIONAL 1. Lesufi, ML (Apology)

PAC:

PROPORTIONAL 1. Lekgoathi, LJ

APC:

PROPORTIONAL 1. Thobakgale, TF

REPRESENTATIVES FROM THE TRIBAL AUTHORITIES 1. Amandebele Ba Lebelo

Not in attendance 2. Amandebele Nzunza Sokhulumi

Chief MP Mahlangu E Nakedi

REPRESENTATIVES FROM TWBCF

1. Ms RM Thwala Ward 103 2. Ms SP Ngcukana Ward 103 3. Ms S Letsatsi Ward 104 4. Mr JT Mahlangu Ward 105

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 24 MARCH 2016 Order of business of the Council Meeting convened in terms of Section 2 (read with Section 8) of the Rules and Orders: INDEX Pages A. OPENING: PRAYER OR MEDITATION …………………………. 11 B. APPLICATIONS FOR LEAVE OF ABSENCE ……………………. 12 C. OFFICIAL NOTICES …………………………………………….….. 13 D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER

PROPOSALS ALLOWED BY THE SPEAKER …………………... 14-17 E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS

COUNCIL MEETINGS: …………………………………………….. 18

• Special Council (Memorial Service of the late Cllr PL Majeng): 25 February 2016

• Ordinary Council: 25 February 2016

• Special Council (Memorial Service of the late Cllr Prof DC Baker): 17 March 2016

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 24 MARCH 2016

F. REPORTS TO THE COUNCIL (a) REPORTS OF THE EXECUTIVE MAYOR (i) RECOMMENDATIONS TO COUNCIL

PART I: FROM THE MAYORAL COMMITTEE MEETING: 20 JANUARY 2016 INDEX

PAGES

(The recommendation appears on the page indicated in brackets) 1. Health and Social Development Department

Determination of fees for the Health Certification Letters issued to Private/Independent Schools and other institutions of learning (From the Joint Mayoral Committee Cluster: 13 January 2016 and the Mayoral Committee: 20 January 2016) ……. 22

PART II: FROM THE MAYORAL COMMITTEE MEETING: 17 FEBRUARY 2016

2. Group Property Management Department

(Corporate Property and Logistical Services) Proposed donation of Erf 4480 Kudube Unit 1 (From the Executive Committee: 1 February 2016 and the Mayoral Committee: 17 February 2016) …………………………. 23-24

3. Group Property Management Department Proposed sale of a portion of a road adjacent to Erf 4143,

Garsfontein Extension 8 (From the Executive Committee: 1 February 2016 and the Mayoral Committee: 17 February 2016) ……………………………….. 25-26

PART III: FROM THE MAYORAL COMMITTEE MEETING: 2 MARCH 2016 4. Group Financial Services Department

Corporate monthly financial report for the period ended 31 January 2016 (From the Mayoral Committee: 2 March 2016) ……………………….. 27

5. Group Audit and Risk Department

Insurance covers that the City placed on behalf of the Councillors (From the Special Executive Committee: 1 March 2016 and the Mayoral Committee: 2 March 2016) …………………………… 28

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6. Group Property Management Department

Proposed disposal of leased Municipal Residential Properties (From the Mayoral Committees: 2 September and 18 November 2015, Council: 26 November 2015 and the Mayoral Committee: 2 March 2016) ……………………………………… 29-34

PART IV: FROM THE MAYORAL COMMITTEE MEETING: 16 MARCH 2016 7. Group Financial Services Department

Municipal Finance Management act (MFMA): In-year Financial report (Monthly Budget Statement) for the period ending 29 February 2016 (From the Mayoral Committee: 16 March 2016) ………………….... 35

8. Group Financial Services Department

(Treasury Office) Official Credit Rating Report on City of Tshwane Metropolitan Municipality issued by Moody’s Investors Service (SA) (Pty) Ltd (From the Mayoral Committee: 16 March 2016) ………………..…. 36

9. Group financial services department

(Budget Office Division) Proposed Enhancement to the 2015/16 Adjustments Budget (From the Mayoral Committee: 16 March 2016) …………………… 37-38

10. Office of the Executive Mayor

Proposed Donation of a To-Be-Divided Portion of the remainder of Portion 20 of the Farm Olievenhoutbosch 389-JR to the enlightened Christian Gathering Church (From the Mayoral Committee: 16 March 2016) ………………..….. 39

11. City strategies and performance management department

City of Tshwane Annual Report for 2014/15 Financial Year (From the Joint Mayoral Committee Cluster: 13 January 2016, the Mayoral Committee: 20 January 2016, Council: 28 January 2016 and Mayoral Committee: 16 March 2016) ………………………………………………………..….. 40

12. Group Property Management Department Feedback Report on the Public Participation Process and the Proposed Donation of Erf 1989 Valhalla (From the Mayoral Committee: 16 March 2016) ……………………. 41-43

PART V: FROM THE SPECIAL MAYORAL COMMITTEE MEETING: 18 MARCH 2016 13. City Strategies and Performance Management

Report on the Draft 2016/21 Integrated Development Plan (IDP) and the Draft 2016/17 Service Delivery and Budget Implementation Plan (From the Special Mayoral Committee: 18 March 2016) ……………… 44

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14. Group Financial Services Department (Budget Office) Pre-Community Consultation Budget – Draft 2016/17 Medium-Term Revenue and Expenditure Framework for the City of Tshwane (From the Special Mayoral Committee: 18 March 2016) ……………… 45

PART VI: FROM THE MAYORAL COMMITTEE MEETING: 23 APRIL 2016

15. City Planning and Development Department (City Planning Division)

Report on Appointment of Municipal Planning Tribunal in terms of the Spatial Planning and Land use Management Act, Act 16 of 2013 (From Council: 23 April 2015) ……………….…………………………. 46-47

(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURES A, A.1, A.2, A.3, A.4 AND A.5) …………………………. 48 (b)(i) REPORTS OF OVERSIGHT AND STANDING COMMITTEES

REPORTING DIRECTLY TO THE COUNCIL …………………………. 49-65

RECOMMENDATIONS TO THE COUNCIL A. FROM THE SECTION 79 STANDING COMMITTEE:

PETITIONS: 17 MARCH 2016 B. FROM THE SECTION 79 OVERSIGHT COMMITTEE: INTEGRATED

DEVELOPMENT PLANNING

C. FROM THE SECTION 79 STANDING COMMITTEE:

RULES AND ETHICS: 18 MARCH 2016 D. FROM THE SPECIAL SECTION 79 STANDING COMMITTEE:

PUBLIC ACCOUNTS: 22 MARCH 2016 (b)(ii) RESOLUTIONS BY OVERSIGHT AND STANDING COMMITTEES

REPORTING TO COUNCIL (ANNEXURE B) ………………… 66

G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN ………….. 67-73

H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS MEETING …………………………………………………………..….. 74

I. NEW MOTIONS …………………………………………………..….... 75

J. PETITIONS …………………………………………………………. 76 K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF

THE MEETING, AT THE DISCRETION OF THE SPEAKER …….. 77

L. CONCLUSION …………………………………………………………. 78

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 24 MARCH 2016 A. OPENING: PRAYER OR MEDITATION

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

The Speaker furthermore expressed words of welcome to the following members of the Transitional Ward Based Consultative Forum who attended the Council meeting to observe the proceedings:

Ms RM Thwala Ward 103 Mr SP Ngcukana Ward 103 Ms S Letsatsi Ward 104 Mr JT Mahlangu Ward 105.

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B. APPLICATIONS FOR LEAVE OF ABSENCE

The Chief Whip of Council in accordance with powers delegated to him submitted the approved leave of absence of the following Councillors:

CD Tsela JN Sibanyoni JM Sindane (Special leave) DC Ledwaba (Special leave) AS Makaung (Special leave) S Phiri (Special leave) S Fourie E Louw MM Mampuru S Muller PA Nel Adv CD Prinsloo AC Roos R Uys PA van der Walt ML Lesufi (Remark: As no leave of absence was presented for the following Councillors they be deemed absent without leave: MS Mareme GM Erasmus.)

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C. OFFICIAL NOTICES

DECLARATION OF CAUSAL VACANCY: WARD 12 The Speaker explained that a casual vacancy had occurred in Ward 46 as a result

of the demise of Councillor Prof DC Baker, DA Ward Councillor, on 12 March 2016.

The Speaker further explained that in accordance with Section 25(3) of the

Municipal Structures Act, the City Manager, after consulting with the Electoral Commission, must by notice in a local newspaper call and set a date for the by-election which must be held within 90 days of the date on which the vacancy occurred.

She however requested Councillors to note that Section 25(6)(a)(ii) of the

Municipal Structures Act prescribes that the City Manager may not call a by-election if the next election of all Municipal Councils must be held within six calendar months of the date on which the vacancy occurred.

The Speaker added that given the provisions of Section 25(6), the Provincial Electoral Officer (PEO) was approached by her Office for advice last month following the passing of the late Cllr Majeng (Ward 12). On advice dated 24 February 2016 received from the PEO, in the case of general elections of municipal councils in 2016, the last possible date for the general elections is 16 August 2016 and applying the 6 month period, it means if a ward vacancy occurs on or after 16 February (which is the date on which the period of prohibition commences), the Municipal Manager may not call a by-election to fill the vacancy. According to the PEO on 24 February 2016, the cessation of by-elections, is however not automatic, because the MEC still has discretion to call by-elections. To this end, the Office of the Speaker would forward this relevant vacancy documentation in order to afford him (the PEO) the opportunity to liaise with the Office of the MEC to establish their posture with respect to the discretion to proclaim the by-election in this instance and Council would be accordingly informed in this regard.

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

1. LATE BUT URGENT REPORTS IN TERMS OF LEGISLATION

The Speaker explained that the reports contained in Parts IV, V and VI of the agenda were received from the Office of the Executive Mayor, on 18 and 22 March 2016 respectively and delivered to Councillors on SharePoint on 19 and 22 March 2016. She further indicated that the reports were urgent and must serve at Council.

2. REPORTS ALLOWED BY THE SPEAKER AT HER DISCRETION IN TERMS

OF SECTION 8(1)(k) OF THE RULES AND ORDERS

2.1 Snap Debate as provided for in terms of Section 8(1)(k) of the Rules and Orders

The Speaker explained that at the Council meeting of 25 February 2016 she had announced her intention to allow for a Snap Debate in terms of Section 8(1)(k) of the Rules and Orders relating to the topics of Racism and Language in Tshwane, to be conducted during the Council meeting of 24 March 2016.

The Speaker further explained that she had decided to bring forward

this Snap Debate in terms of Section 8(2) of the Rules and Orders, meaning Councillors would commence with the Snap Debate, proposed by the Chair of Chairs and seconded by the Chairperson of the Section 79 Oversight Committee: Corporate and Shared Services, just after consideration of the previous Council minutes, and just before the Executive Mayor submits his reports to Council.

3. BRINGING FORWARD OF OTHER ITEMS ON THE AGENDA

The Speaker explained that in terms of Section 8(2) of the Rules and Orders in accordance with which she may at her discretion the bringing forward of any business on the agenda, she had decided to advance the following items on the agenda, immediately after the Executive Mayor had submitted the reports, in the following order:

• Item 1, ‘Proposed Enhancement of the 2015/16 Adjustment Budget’ (currently numbered as item 9 – this recommendation must be put to the vote in terms of Section 160 of the Constitution as it pertains to the approval of the budget)

• Item 2, ‘Determination of fees for the Health Certification Letters issued to Private / Independent Schools and other institutions of learning’ currently numbered as item 1 (this recommendation must be put to the vote in terms of Section 160 of the Constitution as it pertains to the ‘imposition of rates and other taxes, levies and duties’)

• Item 3, ‘Pre-Community Consultation Budget – Draft 2016/17 Medium-Term Revenue and Expenditure Framework for the City of Tshwane’ (currently item 14)

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• Item 4, ‘Report on the Draft 2016/21 Integrated Development Plan and the Draft 2016/17 Service Delivery and Budget Implementation Plan’ (currently item 13)

• Item 5, ‘City of Tshwane Annual Report for 2014/15 Financial year’ (currently item 11)

• Item 6, ‘MPAC Oversight Report over the Annual Report of the City of Tshwane and its entities for the Financial Year 2014/15’ currently numbered as item 1 from Section 79 Standing Committee: Public Accounts of 22 March 2016.

The Speaker further explained that for purpose of the City of Tshwane Annual Report for 2014/15 Financial Year and MPAC Oversight Report over the Annual Report of the City of Tshwane and its entities for the Financial Year 2014/15, the provisions of Section 130(1)(b) of the MFMA would be applicable and for those who are in the public gallery, they would indicate to her if they want to exercise their right as provided for in the said section when she tabled the reports.

4. COMMUNITY AND STAKEHOLDER CONSULTATIVE PROCESS FOR THE

2016/17 IDP AND BUDGET The Speaker with reference to Item 13, ‘Report on the Draft 2016/21 Integrated Development Plan (IDP) and Draft 2016/17 Service Delivery and Budget Implementation Plan (SDBIP)’ and item 14 ‘Pre-Community Consultation Budget – Draft 2016/17 Medium-Term Revenue and Expenditure Framework (MTREF) for the City of Tshwane’, should these items be approved, community and stakeholder consultative processes would unfold as follows: 1. A briefing session will be conducted for all Councillors on 31 March 2016 at

10:00 in the Council Chamber, Sammy Marks Conference Centre. 2. A schedule of Ward based draft IDP and draft Budget Public meetings was

developed after consultation with Ward Councillors and it has been included in the document circulated to Council, and titled ‘Process towards Community and Stakeholder Consultative Process for the 2016/17 IDP and Budget April 2016’

3. Regional draft IDP and draft Budget Stakeholder meetings (for stakeholders registered on the City’s database on invitation) will be conducted as follows:

• 11 April 2016 at Regions 1, 2, 3B (Atteridgeville), 6 and 7 (times and venues to be confirmed)

• 12 April 2016 at Regions 3A (Inner City), 4 and 5 (times and venues to be confirmed)

More information is available in the document circulated and titled ‘Process towards Community and Stakeholder Consultative Process for the 2016/17 IDP and Budget April 2016’ Councillors were urged to heed the call to assist in this consultative process.

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5. POSTPONEMENT OF SPECIAL COUNCIL (2016 STATE OF THE CAPITAL ADDRESS) AND ORDINARY COUNCIL: APRIL 2016

The Speaker explained that due to official circumstances, the Executive Mayor had requested her to postpone the Special Council meeting for the 2016 State of the Capital Address, pre-scheduled as per Council approved Annual Programme for 7 April 2016, to 20 April 2016. This meant that the Debate cannot be during the Ordinary Council meeting on 21 April 2016 as pre-scheduled, and that the said Ordinary Council meeting inclusive of the Debate on the State of the Capital Address, would move to 28 April 2016. Notices relating to these meetings would soon be issued to Councillors.

6. REWARD FOR BEST PERFORMANCE DEPARTMENT AND REGION:

EPWP, 2014/15 FINANCIAL YEAR

The Speaker explained that the City of Tshwane introduced the Expanded Public Works Recognition Programme, which aims to recognize respective City Departments, Regions, Entities and individuals who have excelled in implementing the EPWP, as well as encouraging others to embrace the programme.

The Speaker further explained that for the financial year 2014/15, the City had a target of creating 40 000 work opportunities. The target was allocated to City Departments and Regions. The City managed to achieve 42026 work opportunities.

In this case, there were a total of two categories of the awards, which is the

best department and the best Region and the selection criterion was based on

the following:

• Previous performance;

• Budget;

• Nature of projects to be implemented;

• Reporting; and

• Record keeping of source documents

This was achieved through HARD WORK, COMMITMENT and DEDICATION by all the Honourable Councillors, Top Management, project implementers and above all the EPWP Champion located in the different Departments and Regions.

She furthermore announced the best performing department as Health and Social Development Department with a total contribution of creating 2311 work opportunities against a set target of creating 1000 work opportunities and the best performing region, Region 1, with a total contribution of creating 3636 work opportunities against a set target of creating 850 work opportunities.

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Hereafter, the Speaker called upon the Executive Mayor and the Chief Whip to hand over the respective Awards to and congratulated the relevant MMC for their efforts.

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E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS COUNCIL MEETINGS: SPECIAL COUNCIL (Memorial Service of the late Cllr PL Majeng): 25 FEBRUARY 2016, ORDINARY COUNCIL: 25 FEBRUARY 2016 AND SPECIAL COUNCIL (Memorial Service of the late Cllr Prof DC Baker): 17 MARCH 2016

• SPECIAL COUNCIL (Memorial Service of the late Cllr PL Majeng): 25 FEBRUARY 2016

RESOLVED: That the minutes of the Special Council meeting (Memorial Service of the late Cllr PL Majeng) held on 25 February 2016 be approved and confirmed.

• ORDINARY COUNCIL: 25 FEBRUARY 2016 RESOLVED: That the minutes of the Ordinary Council meeting held on 25 February 2016 be approved and confirmed.

• SPECIAL COUNCIL (Memorial Service of the late Cllr Prof DC Baker): 17 MARCH 2016

RESOLVED: That the minutes of the Special Council meeting (Memorial Service of the late Cllr Prof DC Baker) held on 17 March 2016 be approved and confirmed.

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

THE DISCRETION OF THE SPEAKER

1. SNAP DEBATE: RACISM AND LANGUAGE The Speaker as announced under Unopposed Proposals brought forward the Snap Debate in terms of Section 8(2) of the Rules and Orders. The Snap Debate and preamble to it was proposed by Chair of Chairs RJ Kekana, seconded by Chairperson J Mkhize and was circulated to all Councillors on SharePoint on 23 March 2016. The Speaker subsequently gave the following Councillors opportunity to participate in the debate on the abovementioned topic: MMC TE Mabusela ZC Khumalo TF Thobakgale IP Du Plooy LJ Lekgoathi C Brink MS Marishane S Nkwane A Kissoonduth RJB Mohlala Hereafter, MMC TE Mabusela on behalf of the Council read the following declaration that would serve as the City of Tshwane’s resolution in this regard:

“Considering that the Charter of the United Nations is based on the principles of the dignity and equality inherent in all human beings and encourage universal respect for an observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion. Considering that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction of any kind, in particular as to race, colour or national origin, consideration that all human beings are equal before the law and are entitled to equal protection of the law against any discrimination and against any incitement to discrimination, condemning colonialism and all practices of segregation and discrimination associated therewith, in whatever form and wherever they exist.

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Convinced that any doctrine of superiority based on racial differentiation is scientifically false, morally condemnable, socially unjust and dangerous, and that there is no justification for racial discrimination, in theory or in practice, anywhere, reaffirming that discrimination between human beings on the grounds of race, colour or ethnic origin is an obstacle to friendly and peaceful relations among nations and is capable of disturbing peace and security among peoples and the harmony of persons living side by side even within one and the same State, convinced that the existence of racial barriers is repugnant to the ideals of any human society, Alarmed by manifestations of racial discrimination still in evidence in some areas of South Africa. Resolved to adopt all necessary measures for speedily eliminating racial discrimination in all its forms and manifestations, and to prevent and combat racist doctrines and practices in order to promote understanding between races and to build a community free from all forms of racial segregation and racial discrimination.”

It was agreed that the following input by Cllr IP Du Plooy also be incorporated in the above declaration:

1. As a way of promoting mutual understanding, a forum for honest and mature

discussion be established, under the leadership of our Honourable Mayor, where we may voice our view in an honest and mature way without any repercussions.

2. As a way of managing racist incidents in the City of Tshwane, the FF+ would

suggest the appointment of a board of people from this house, (a Group of Elders) known to have sound judgement, representative of all races, to manage such situations with wisdom and good counsel.

Following an address by the Executive Mayor on the debate, it was thereafter resolved as set out below:

RESOLVED: 1. That all necessary measures for speedily eliminating racial discrimination in

all its forms and manifestations, and to prevent and combat racist doctrines and practices in order to promote understanding between races and to build a community free from all forms of racial segregation and racial discrimination be adopted.

2. That as a way of promoting mutual understanding, a forum for honest and

mature discussion be established, under the leadership of our Honourable Mayor, where we may voice our view in an honest and mature way without any repercussions.

3. That as a way of managing racist incidents in the City of Tshwane, the FF+

would suggest the appointment of a board of people from this house, (a Group of Elders) known to have sound judgement, representative of all races, to manage such situations with wisdom and good counsel.

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F. REPORTS TO COUNCIL

The Executive Mayor submitted reports from the Mayoral Committee to Council for consideration, as contained in Parts I, II, III, IV, V and VI as well as Annexures A, A.1, A.2, A.3, A.4 and A.5 for cognisance and/or discussion and further gave motivation on the submission of the following reports to Council:

• Official Credit Rating Report on City of Tshwane Metropolitan Municipality issued by Moody’s Investors Service (SA) (Pty) Ltd.

• Proposed Enhancement to the 2015/16 Adjustments Budget.

• Feedback Report on the Public Participation Process and the Proposed Donation of Erf 1989 Valhalla.

The Executive Mayor furthermore, in terms of Section 13(5) of the Rules and Orders withdrew items 4 and 10 from the agenda.

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 24 MARCH 2016

F. REPORTS TO THE COUNCIL (a) Reports of the Executive Mayor (i) Recommendations to Council Reference No 33894/1 Seoketsa Kekana (4586) COUNCIL: 24 March 2016 1. HEALTH AND SOCIAL DEVELOPMENT DEPARTMENT

DETERMINATION OF FEES FOR THE HEALTH CERTIFICATION LETTERS ISSUED TO PRIVATE/INDEPENDENT SCHOOLS AND OTHER INSTITUTIONS OF LEARNING (From the Joint Mayoral Committee Cluster: 13 January 2016 and the Mayoral Committee: 20 January 2016) The purpose of the report is for Council to determine tariffs for certification letters issued to private/independent schools and other institutions of learning.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That an approval for the determination of the tariff for health certificates

issued to private education institution be granted.

2. That to effect the tariff, and to comply with section 75A of the Local Government Municipal Systems Act 32 of 2000, an amendment of Schedule 15 of LAN No.1126 be published in the Provincial Gazette.

3. That a proposed tariff of R623.80 be included in the 2016/2017 budget

process, henceforth. (Remark: At the Council meeting of 24 March 2016, 184 Councillors voted in favour of the Tariffs in accordance with Section 160(3)(b) of the Constitution.

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Reference No 01042/2[12/1/1 Kudube Unit 1 - 4480] Pule Mmutlana (4488) COUNCIL: 24 March 2016 2. GROUP PROPERTY MANAGEMENT DEPARTMENT

(CORPORATE PROPERTY AND LOGISTICAL SERVICES) PROPOSED DONATION OF ERF 4480 KUDUBE UNIT 1 (From the Executive Committee: 1 February 2016 and the Mayoral Committee: 17 February 2016) The purpose of the report is to obtain approval to donate Erf 4480, Kudube Unit 1 in terms of the Municipal Finance Management Act (Act 56 of 2003) and Municipal Asset Transfer Regulations (MAT) Regulations to ST Johns Apostolic Church of Prophecy.

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

During consideration of this item by Council on 24 March 2016, the following Councillors participated in a debate: J Jansen MMC RT Mashego MMC S Pillay MMC TE Mmoko RESOLVED: 1. That Erf 4480, Kudube Unit 1 measuring 619 m² in extent is not needed to

provide the minimum level of basic municipal services.

2. That the donation of Erf 4480, Kudube Unit 1 measuring 619 m² in extent to ST Johns Apostolic Church of Prophecy be approved.

3. That the property will be rezoned from residential to Educational be

approved.

4. That notice of the donation envisaged in recommendation will be given in terms of section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed donation be received, the proposed donation together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy.

5. That any removal, moving and/or change to the existing municipal services

networks that may become necessary due to this application, will be for the applicant's cost.

24

6. That all required bulk services will be provided at the costs of the beneficiary.

7. That when required the beneficiary at its costs and risks will conduct necessary traffic impact studies, geological studies or any other study necessary for the development of the land.

8. That the beneficiary will protect municipal servitudes by registering

servitudes in favour of the municipality, and there shall be no development or trees planted next to the servitudes.

9. That no development on the property will take place before approval of

development plans.

10. That the property will only be utilised for religious purposes and will revert back to the municipality if not required for this purpose and that the Title Deed be endorsed accordingly.

11. That access to and from the site/development be to the satisfaction of the

Municipality.

12. That any further structures/buildings being erected on the premises must conform to the Provisions of the National Building Regulations and the National Standard: SANS 10400.

13. That sanitary facilities for public and visitors must be provided in terms of the

relevant legislation promulgated under the National Building Regulations and Building Standards Act (Act 103 of 1977) in line with the requirements of Regulations A20 and A21 read together with Regulation PP13.

14. That proof thereof that ST Johns Apostolic Church of Prophecy has been

registered in terms of Non-Profit Organisation Act of 1997 or if it is not registered in terms of Non-Profit Organisation Act of 1997, it must do so within 6 months.

15. That proof in the form of the Church’s Constitution or founding document to

confirm that it’s income and property are not distributable to its members or office-bearers, except as reasonable compensation for services rendered.

16. That the Strategic Executive Director: City Planning and Development be

authorised to implement all Town-Planning processes necessary to finalise the transaction.

17. That the City Manager be authorised to issue and sign a Power of Attorney

to bring into effect the above recommendations.

18. That the Municipality’s further conditions of donation usually applicable to transaction of this nature and the conditions embodied in this be set out as conditions of donation.

25

Reference No 07090/2[12/1/1 Garsfontein X8 - 4143 (Trevor Gething Street)] Pule Mmutlana (4488) COUNCIL: 24 March 2016

3. GROUP PROPERTY MANAGEMENT DEPARTMENT PROPOSED SALE OF A PORTION OF A ROAD ADJACENT TO ERF 4143,

GARSFONTEIN EXTENSION 8 (From the Executive Committee: 1 February 2016 and the Mayoral Committee: 17 February 2016) The purpose of the report is to obtain approval to sell a portion of a road adjacent to Erf 4143, Garsfontein indicated as figure ABCDEF on the sketch plan marked as annexure A in terms of section 14(2) of the Municipal Finance Management Act (Act 56 of 2003).


RESOLVED: 1. That the fair market value of the abovementioned property, the economic and

community value to be received in exchange for the property has been determined as set out in the report.

2. That the sale of the road reserve and or the a portion of Jaqueline drive

where it intersects with Trevor Gething street adjacent to Erf 4143 Garsfontein Extension 8 indicated as figure ABCDEF on the sketch plan marked as annexure A measures 244m² in extent, in terms of Local Government: Municipal Finance Management Act (Act 56 of 2003) and the Municipal Asset Transfer (MAT) Regulation 5(1) b (i) and (ii) be approved.

3. That the property be offered for sale at a market value as determined by

Finance Department (Property Valuation). 4. That notice of the sale envisaged in recommendation will be given in terms of

section 79(18) of the Local Government Ordinance, 1939 (ordinance 17 of 1939). Should any objections to or representation in respect of the proposed sale be received, the proposed sale together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy.

5. That any removal, moving and / or change to the existing municipal services

networks that may become necessary due to this application, will be for the applicant’s cost.

6. That the buyer register the servitudes in favour of the Municipality over the

water pipes within the application area, at their cost.

26

7. That the purchaser, at their cost, apply in terms of the provisions of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986) to amend the Tshwane Town-planning Scheme, 2008 to rezone the road reserve and or the a portion of Jaqueline Drive where it intersects with Trevor Gething adjacent to Erf 4143, Garsfontein Extension 8, figure ABCDEF on the sketch plan marked as annexure A, 250m² in extent, from “Existing Street” to a suitable zoning to be consolidated to the adjacent Erf 4143, Garsfontein Extension 8.

8. That, the road reserve or the a portion of Jaqueline Drive where it intersects

with Trevor Gething street adjacent to Erf 4143, Garsfontein Extension 8, figure ABCDEF on the sketch plan marked as annexure A, 250m² in extent, be closed in terms of in section 67 of the Local Government Ordinance, 1939 (Ordinance 17 of 1939), and sold.

9. That the purchaser at their cost, apply for the consolidation of the street

portion with the adjacent Erf 4143, Garsfontein x8, in terms of the Town-planning and Townships Ordinance, 1986 (Ordinance 15 of 1986).

10. That the Strategic Executive Director: Group Legal Counsel be authorised to

issue power of attorney to the applicant, to enable the applicant to proceed with the application contemplated above.

11. That the Municipality’s further conditions of sale usually applicable to

transactions of this nature and the conditions embodied in this report be applicable.

12. That the road reserve and or the a portion of Jaqueline Drive where it

intersects with Trevor Gething street adjacent to Erf 4143 Garsfontein Extension 8 indicated as figure ABCDEF on the sketch plan marked as annexure A measures 244m² in extent, is not needed to provide the minimum level of basic municipal services.

13. That any further structure/building being erected on the premises must

conform to the provisions of the National Building Regulations and the mentioned National Standard: SANS 10400.

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F8/3 Umar Banda (8100) COUNCIL: 24 March 2016 4. GROUP FINANCIAL SERVICES DEPARTMENT

CORPORATE MONTHLY FINANCIAL REPORT FOR THE PERIOD ENDED 31 JANUARY 2016 (From the Mayoral Committee: 2 March 2016)

(Remark: At the Council meeting of 24 March 2016, the Executive Mayor explained that this item has already been dealt with at the previous Council meeting and therefore withdrew it from this particular Council meeting.)

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Reference No 88678/1 Obed Thenga (0947) COUNCIL: 24 March 2016

5. GROUP AUDIT AND RISK DEPARTMENT INSURANCE COVERS THAT THE CITY PLACED ON BEHALF OF THE COUNCILLORS (From the Special Executive Committee: 1 March 2016 and the Mayoral Committee: 2 March 2016)) The purpose of this report is to inform and update Council of the Covers that the City placed on behalf of the councillors for the period 1 July 2015 to 30 June 2016.


RESOLVED: 1. That the Mayoral Committee notes the contents of this report. 2. That the report be submitted to Council for noting. 3. That all Councillors declare the properties to be covered in terms of the

Sasria policy with the Speaker’s Office. 4. That any changes to the insured property and/or vehicle should be updated

in the declaration form.

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Reference No 23875/1[12/1/1-RESIDENTIAL PROPERTIES] Pule Mmutlana (4488) COUNCIL: 24 March 2016 6. GROUP PROPERTY MANAGEMENT DEPARTMENT

PROPOSED DISPOSAL OF LEASED MUNICIPAL RESIDENTIAL PROPERTIES (From the Mayoral Committees: 2 September and 18 November 2015, Council: 26 November 2015 and the Mayoral Committee: 2 March 2016)

The purpose of the report is to obtain approval to sell residential properties leased out in terms of section 14(2) of the Municipal Finance Management Act (Act 56 of 2003) and its Regulations.


IT WAS RECOMMENDED (TO THE COUNCIL: 24 MARCH 2016): 1. That the following residential properties are not required to provide the

minimum level of basic municipal services: ANNLIN 759/11; ANNLIN 759/20; ANNLIN 759/18; ANNLIN 760/37; ARCADIA 1226/2/R; ARCADIA 1247/2/1247/R); BOOYSENS X 1 298/R; CAPITAL PARK 637; CAPITAL PARK 577; CLAREMONT 278/3; CLAREMONT 277/3; CLAREMONT 271/13; CLAREMONT 69/R; CLAREMONT 115/1; CLAREMONT 88/15(-/1); CLAREMONT 47/4/R (74/4/R); CLAREMONT 89/R; CLAREMONT 88/7; CLAREMONT -/72/2(1); CLAREMONT -/72/2(2); CLAREMONT 88/R; CLAREMONT 88/2; CLAREMONT 64/4; CLAREMONT 62/6; CLAREMONT 72/R; DANVILLE X 1 1525; ERASMUSKLOOF X 485/ 1; GARSFONTEIN 2710 ; GARSFONTEIN X8 1632; GARSFONTEIN 1186; GEZINA 418; GEZINA 408/1; GEZINA 398/R; GEZINA 398/1; GEZINA 368; GEZINA 358; GEZINA 125/1; GEZINA 28/1; GEZINA 28/2; GEZINA 438/R; GEZINA 517/1; GEZINA 487/1; GEZINA R/487; GEZINA 288/1; GEZINA 283/R; GEZINA 278/1; GEZINA 135/R; GEZINA 274; HATFIELD 312/R; HATFIELD 481/R; JAN NIEMANDPARK 256/6; JAN NIEMANDPARK 261/R; JAN NIEMANDPARK 203/5; JAN NIEMANDPARK 262/1; LES MARAIS 121/7; LYNNWOOD MANOR 95; MAYVILLE 128/6; MAYVILLE 128/7; MOUNTAIN VIEW 7/1; MOUNTAIN VIEW 251/3; MOUNTAIN VIEW 302; MOUNTAIN VIEW 184/1; MOUNTAIN VIEW 187/R; PARKTOWN 67; PARKTOWN 225/R; PARKTOWN 46/3; PRETORIA GARDENS 298/1; PRETORIA GARDENS 297/1; PRETORIA WES 1196/3; PRETORIA WES 1195/R; PRETORIA WES 1300/1; PRETORIA WES 1300/R; PRETORIA WES 2638; PROCLAMATION HILL 534; PROCLAMATION HILL 535; PROCLAMATION HILL 533; PROCLAMATION HILL 531; PROCLAMATION HILL 536; PROCLAMATION HILL 537; RIETFONTEIN 420/2; RIETFONTEIN 466/R; RIETFONTEIN 575/12; RIVIERA 122/R; ROSEVILLE 94/R; ROSEVILLE 94/3; ROSEVILLE 5/11; SUNNYSIDE 791/1 SUNNYSIDE 791/R; SUNNYSIDE 1024/R; SUNNYSIDE 792/1; SUNNYSIDE 601/1 & 602/1; SUNNYSIDE 601/2 & 602/2; SUNNYSIDE 630/1 & 629/2; SUNNYSIDE 629/R & 630/R; SUNNYSIDE 1070;

30

SUNNYSIDE 710/R; SUNNYSIDE 768; SUNNYSIDE 1325; SUNNYSIDE 748; SUNNYSIDE 1001; SUNNYSIDE 1003; SUNNYSIDE 1004; SUNNYSIDE 1005; SUNNYSIDE 1006; SUNNYSIDE 1319/4; SUNNYSIDE 1319/6; SUNNYSIDE 1086/1; SUNNYSIDE 1320/9; SUNNYSIDE 1320/R; SUNNYSIDE 1319/3; SUNNYSIDE 1319/R; SUNNYSIDE 1319/9; SUNNYSIDE 1319/8; SUNNYSIDE 1319/7; SUNNYSIDE 995; SUNNYSIDE 720/R; SUNNYSIDE 720/3; THE ORCHARDS X 5 180; VILLIERIA 1589/R; WONDERBOOM SUID 488/R; WONDERBOOM SUID 484/1; WONDERBOOM SUID 6/R; WONDERBOOM SUID 396/R; WONDERBOOM SUID 481/R; WONDERBOOM SUID R/482; WONDERBOOM SUID ½; WONDERBOOM SUID 391/1; WONDERBOOM SUID 391/R; HATFIELD 584; HATFIELD 584; PRETORIUS PARK 75; PRETORIUS PARK 80; PRETORIUS PARK 76; PRETORIUS PARK 77; PRETORIUS PARK 78; PRETORIUS PARK 60; PRETORIUS PARK 61; PRETORIUS PARK 79; PRETORIUS PARK 62; PRETORIUS PARK 63; PRETORIUS PARK 64; PRETORIUS PARK 65; PRETORIUS PARK 66; PRETORIUS PARK 67; PRETORIUS PARK 68; PRETORIUS PARK 69; PRETORIUS PARK 70; PRETORIUS PARK 71; PRETORIUS PARK 72; PRETORIUS PARK 73; PRETORIUS PARK 81; PRETORIUS PARK 82; PRETORIUS PARK 83; PRETORIUS PARK 84; SUNNYPARK FLATS; BRIDGEWAY MANSIONS; MICHAEL COURT, HIPPO HOF; SUIDERBERG HOF COMPLEX; and VERVOER NORTH AND SOUTH;

2. That the fair market value of the abovementioned properties, the economic

and community value to be received in exchange for the properties has been determined as set out in the report.

3. That Council approves the sale of residential properties listed in Annexure

"A" in terms of section 14(2) of the Local Government: Municipal Finance Management Act (Act 56 of 2003) and the Municipal Asset Transfer Regulation (MAT) Regulation 5(1) b (i) and (ii).

4. That the properties be offered for sale on auction with the valuation amount

as the base value for auction purposes. 5. That notices of the sale envisaged will be given in terms of section 79(18) of

the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or presentation in respect of the proposed sale be received, the proposed sale together with such objections and or representations, will be submitted to Council for consideration and final decision. Should no objections and or presentations be received, the process be proceeded with in terms of the municipality's alienation policy.

6. That the Building Controls Officer considers the as built plans of the existing

properties and ensures compliance with the National Building Regulations prior to transfer.

7. That the Group Legal Counsel be granted authority to issue power of

attorneys to purchasers to enable them to submit the required buildings plans.

31

8. That Councillors who wish to participate in the sale of the properties declare such interest in line with all requisite pieces of legislation.

9. That the municipality's further conditions and any other conditions usually

applicable to transactions of this nature will become applicable. 10. That Council grants the Executive Mayor the authority to remove properties

from the list if and when required. During consideration of this item by Council on 24 March 2016, the following Councillors participated in a debate: M Aucamp (indicating that in her opinion, in accordance with Item 5(1)(b) of

the Code of Conduct, Councillors must withdraw from discussion of this item in Council if they have an interest in the matter. However, Ald J Mkhize on a point of order indicated that there was no conflict of interest for Councillors applicable in this instance.

MMC S Pillay E Linde (Cllr Linde during her address mentioned that the DA does not

support this report and would therefore vote against it) MMC TE Mabusela MMC RT Mashego ZC Khumalo RMH Mokgothadi The Executive Mayor Subsequently, Ald J Mkhize seconded by Cllr Prof T Khalo proposed the following amendment:

(Unaltered)

“That recommendation 10 be amended to read as follows:

That Council grants the City Manager the Authority to remove properties from the list if and when required. That the City Manager submits a progress report to Council on the Sale of properties in September 2016.”

Since there was opposition to Ald Mkhize’s proposal, the Speaker put the said proposal to a vote and declared the results as follows: For the proposed amendment by Ald Mkhize: 102 Against the proposed amendment by Ald Mkhize: 58 Abstained: 0 In view of the above voting results, the proposal by Ald Mkhize was accepted by Council. Hereafter the following Councillors participated in the debate on the content of the report:

32

E Linde (Among others, stating that in her opinion this was an attempt to sell houses to members before they exit the Council)

MMC S Pillay (Among others, enquiring as to whether Cllr Linde has evidence to support her allegation, and whether she has

reported such alleged cases of fraud and corruption to the police, and if not, her allegation be referred to the Rules and Ethics Committee.)

MMC RT Mashego PE Millar It was thereafter resolved as set out below: RESOLVED: 1. That the following residential properties are not required to provide the

minimum level of basic municipal services: ANNLIN 759/11; ANNLIN 759/20; ANNLIN 759/18; ANNLIN 760/37; ARCADIA 1226/2/R; ARCADIA 1247/2/1247/R); BOOYSENS X 1 298/R; CAPITAL PARK 637; CAPITAL PARK 577; CLAREMONT 278/3; CLAREMONT 277/3; CLAREMONT 271/13; CLAREMONT 69/R; CLAREMONT 115/1; CLAREMONT 88/15(-/1); CLAREMONT 47/4/R (74/4/R); CLAREMONT 89/R; CLAREMONT 88/7; CLAREMONT -/72/2(1); CLAREMONT -/72/2(2); CLAREMONT 88/R; CLAREMONT 88/2; CLAREMONT 64/4; CLAREMONT 62/6; CLAREMONT 72/R; DANVILLE X 1 1525; ERASMUSKLOOF X 485/ 1; GARSFONTEIN 2710 ; GARSFONTEIN X8 1632; GARSFONTEIN 1186; GEZINA 418; GEZINA 408/1; GEZINA 398/R; GEZINA 398/1; GEZINA 368; GEZINA 358; GEZINA 125/1; GEZINA 28/1; GEZINA 28/2; GEZINA 438/R; GEZINA 517/1; GEZINA 487/1; GEZINA R/487; GEZINA 288/1; GEZINA 283/R; GEZINA 278/1; GEZINA 135/R; GEZINA 274; HATFIELD 312/R; HATFIELD 481/R; JAN NIEMANDPARK 256/6; JAN NIEMANDPARK 261/R; JAN NIEMANDPARK 203/5; JAN NIEMANDPARK 262/1; LES MARAIS 121/7; LYNNWOOD MANOR 95; MAYVILLE 128/6; MAYVILLE 128/7; MOUNTAIN VIEW 7/1; MOUNTAIN VIEW 251/3; MOUNTAIN VIEW 302; MOUNTAIN VIEW 184/1; MOUNTAIN VIEW 187/R; PARKTOWN 67; PARKTOWN 225/R; PARKTOWN 46/3; PRETORIA GARDENS 298/1; PRETORIA GARDENS 297/1; PRETORIA WES 1196/3; PRETORIA WES 1195/R; PRETORIA WES 1300/1; PRETORIA WES 1300/R; PRETORIA WES 2638; PROCLAMATION HILL 534; PROCLAMATION HILL 535; PROCLAMATION HILL 533; PROCLAMATION HILL 531; PROCLAMATION HILL 536; PROCLAMATION HILL 537; RIETFONTEIN 420/2; RIETFONTEIN 466/R; RIETFONTEIN 575/12; RIVIERA 122/R; ROSEVILLE 94/R; ROSEVILLE 94/3; ROSEVILLE 5/11; SUNNYSIDE 791/1 SUNNYSIDE 791/R; SUNNYSIDE 1024/R; SUNNYSIDE 792/1; SUNNYSIDE 601/1 & 602/1; SUNNYSIDE 601/2 & 602/2; SUNNYSIDE 630/1 & 629/2; SUNNYSIDE 629/R & 630/R; SUNNYSIDE 1070; SUNNYSIDE 710/R; SUNNYSIDE 768; SUNNYSIDE 1325; SUNNYSIDE 748; SUNNYSIDE 1001; SUNNYSIDE 1003; SUNNYSIDE 1004; SUNNYSIDE 1005; SUNNYSIDE 1006; SUNNYSIDE 1319/4; SUNNYSIDE 1319/6; SUNNYSIDE 1086/1; SUNNYSIDE 1320/9; SUNNYSIDE 1320/R;

33

SUNNYSIDE 1319/3; SUNNYSIDE 1319/R; SUNNYSIDE 1319/9; SUNNYSIDE 1319/8; SUNNYSIDE 1319/7; SUNNYSIDE 995; SUNNYSIDE 720/R; SUNNYSIDE 720/3; THE ORCHARDS X 5 180; VILLIERIA 1589/R; WONDERBOOM SUID 488/R; WONDERBOOM SUID 484/1; WONDERBOOM SUID 6/R; WONDERBOOM SUID 396/R; WONDERBOOM SUID 481/R; WONDERBOOM SUID R/482; WONDERBOOM SUID ½; WONDERBOOM SUID 391/1; WONDERBOOM SUID 391/R; HATFIELD 584; HATFIELD 584; PRETORIUS PARK 75; PRETORIUS PARK 80; PRETORIUS PARK 76; PRETORIUS PARK 77; PRETORIUS PARK 78; PRETORIUS PARK 60; PRETORIUS PARK 61; PRETORIUS PARK 79; PRETORIUS PARK 62; PRETORIUS PARK 63; PRETORIUS PARK 64; PRETORIUS PARK 65; PRETORIUS PARK 66; PRETORIUS PARK 67; PRETORIUS PARK 68; PRETORIUS PARK 69; PRETORIUS PARK 70; PRETORIUS PARK 71; PRETORIUS PARK 72; PRETORIUS PARK 73; PRETORIUS PARK 81; PRETORIUS PARK 82; PRETORIUS PARK 83; PRETORIUS PARK 84; SUNNYPARK FLATS; BRIDGEWAY MANSIONS; MICHAEL COURT, HIPPO HOF; SUIDERBERG HOF COMPLEX; and VERVOER NORTH AND SOUTH.

2. That the fair market value of the abovementioned properties, the economic

and community value to be received in exchange for the properties has been determined as set out in the report.

3. That Council approves the sale of residential properties listed in Annexure

"A" in terms of section 14(2) of the Local Government: Municipal Finance Management Act (Act 56 of 2003) and the Municipal Asset Transfer Regulation (MAT) Regulation 5(1) b (i) and (ii).

4. That the properties be offered for sale on auction with the valuation amount

as the base value for auction purposes. 5. That notices of the sale envisaged will be given in terms of section 79(18) of

the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or presentation in respect of the proposed sale be received, the proposed sale together with such objections and or representations, will be submitted to Council for consideration and final decision. Should no objections and or presentations be received, the process be proceeded with in terms of the municipality's alienation policy.

6. That the Building Controls Officer considers the as built plans of the existing

properties and ensures compliance with the National Building Regulations prior to transfer.

7. That the Group Legal Counsel be granted authority to issue power of

attorneys to purchasers to enable them to submit the required buildings plans.

8. That Councillors who wish to participate in the sale of the properties declare

such interest in line with all requisite pieces of legislation. 9. That the municipality's further conditions and any other conditions usually

applicable to transactions of this nature will become applicable.

34

10. That Council grants the City Manager the Authority to remove properties from

the list if and when required, and that he submits a progress report to Council on the Sale of properties in September 2016.

(Remark: At the Council meeting of 24 March 2016, Cllr E Linde on behalf of the DA requested their vote against the approval of this report be registered.)

35

F1/5/2 Umar Banda (8110) COUNCIL: 24 March 2016 7. GROUP FINANCIAL SERVICES DEPARTMENT

MUNICIPAL FINANCE MANAGEMENT ACT (MFMA): IN-YEAR FINANCIAL REPORT (MONTHLY BUDGET STATEMENT) FOR THE PERIOD ENDING 29 FEBRUARY 2016 (From the Mayoral Committee: 16 March 2016)

The purpose of the report is to provide progress on the actual financial performance of the City of Tshwane against the budget in compliance with the Section 71 of the MFMA.


During consideration of this item by Council on 24 March 2016, and after Councillors ZC Khumalo, AQ Osman and RJ Kekana addressed Council on this matter, it was resolved as set out below: RESOLVED: That, in compliance with Section 71 of the Municipal Finance Management Act (MFMA) and in terms of Government Notice 32141 dated 17 April 2009, regarding the “Local Government: Municipal Finance Management Act 2003 Municipal Budget and Reporting Regulations”: 1. The Accounting Officer provides the Executive Mayor with the “In-year”

report for February 2016. 2. That this statement be submitted to National Treasury and the Provincial

Treasury, in both a signed document format and in electronic format. 3. That the Mayoral Committee take note of the financial performance of the

City as at 29 February 2016.

36

Umar Banda (8110) COUNCIL: 24 March 2016 8. GROUP FINANCIAL SERVICES DEPARTMENT

(TREASURY OFFICE) OFFICIAL CREDIT RATING REPORT ON CITY OF TSHWANE METROPOLITAN MUNICIPALITY ISSUED BY MOODY’S INVESTORS SERVICE (SA) (PTY) LTD (From the Mayoral Committee: 16 March 2016)

The purpose of the report is to inform Council of the official credit rating opinion issued to the City of Tshwane by Moody’s Investors Service (PTY) Ltd on 11 March 2016.


During consideration of this item by Council on 24 March 2016, and after Councillors P Sutton, CH Van den Heever, GP Visser and Prof T Khalo addressed Council on this matter, it was resolved as set out below:

RESOLVED: That Council take cognisance of the official credit rating assigned to City of Tshwane by Moody’s Investor Services South Africa (Pty) Ltd on 11 March 2016.

37

9/4 Umar Banda (8100) COUNCIL: 24 March 2016 9. GROUP FINANCIAL SERVICES DEPARTMENT

(BUDGET OFFICE DIVISION) PROPOSED ENHANCEMENT TO THE 2015/16 ADJUSTMENTS BUDGET (From the Mayoral Committee: 16 March 2016)

The purpose of the report is to obtain approval to enhance the approved adjustments to the 2015/16 Medium-term Revenue and Expenditure Framework (MTREF) in terms of Section 28 of the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003) and to adjust the SDBIP approved by Council on 25 February 2016 accordingly. (A copy of the relevant report is filed with the official Minutes of this meeting)

During consideration of this item by Council on 24 March 2016, the following Councillors participated in a debate: AWF Middelberg GP Visser M Fourie MMC RT Mashego MMC MD Mabiletsa Following responses by the Executive Mayor on inputs made during the debate, it was resolved as set out below: RESOLVED: 1. That the additional revenue sources as contained in the report be

incorporated into the Council approved 2015/16 Adjustment Budget. 2. That in terms of Section 28(2) of the Municipal Finance Management Act,

2003 (Act 56 of 2003) the consolidated 2015/16 Adjustments Budget on operating and capital be approved as set out in the report.

3. That the tables approved in the adjusted IDP and SDBIP report of 25

February 2016 be substituted for the adjusted IDP and SDBIP scorecards and alignment table as attached.

4. That the report be submitted to National Treasury.

(Remarks: At the Council meeting of 24 March 2016 – 1. 112 Councillors voted in favour of the Adjustments Budget in

accordance with Section 160(3)(b) of the Constitution.

38

2. Cllr M Aucamp on behalf of the DA requested that their dissenting vote against the approval of this report be registered.)

39

EI/OEM/MC/01/02/2016 COUNCIL: 24 March 2016 10. OFFICE OF THE EXECUTIVE MAYOR

PROPOSED DONATION OF A TO-BE-DIVIDED PORTION OF THE REMAINDER OF PORTION 20 OF THE FARM OLIEVENHOUTBOSCH 389-JR TO THE ENLIGHTENED CHRISTIAN GATHERING CHURCH (From the Mayoral Committee: 16 March 2016)

(Remark: At the Council meeting of 24 March 2016, the Executive Mayor in terms of Section 13(5) of the Rules and Orders withdrew this report from the agenda for refinement.)

40

Reference No 37785/1 Mayur Maganlal (0798) COUNCIL: 24 March 2016 11. CITY STRATEGIES AND PERFORMANCE MANAGEMENT DEPARTMENT

CITY OF TSHWANE ANNUAL REPORT FOR 2014/15 FINANCIAL YEAR (From the Joint Mayoral Committee Cluster: 13 January 2016, the Mayoral Committee: 20 January 2016 and Council: 28 January 2016) The purpose of this report is to re-submit for approval the Consolidated Annual Report and Annual Financial Statements for Financial Year 2014/15 as per Council resolution 2: “That in terms of S127(3)(b) of the MFMA the outstanding components and any amendments be submitted to Council as soon as possible after the receipt of the AGSA report” (A copy of the relevant report is filed with the official Minutes of this meeting)

During consideration of this item by Council on 24 March 2016, and after Councillors P Sutton, RK Mathebe and LA Erasmus addressed Council in this matter, it was resolved as set out below:

RESOLVED: That the Annual Report as updated with the Auditor General South Africa (AGSA) report and reviewed by the Auditor General South Africa (AGSA) be approved.

(Remarks: At the Council meeting of 24 March 2016 – 1. The Speaker enquired as to whether there was any individual from the

Public Gallery who wished to exercise his or her right in terms of Section 130(1)(b) of the MFMFA on this item and there was no such indication from the Public.

2. Councillors M Aucamp (DA) and PD Uys (FF+) on behalf of their

respective political parties requested that their dissenting vote on the approval of this report be registered.)

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Reference No 34460/3[12/1/1 VALHALLA 1989] Pule Mmutlana (4488) COUNCIL: 24 March 2016

12. GROUP PROPERTY MANAGEMENT DEPARTMENT FEEDBACK REPORT ON THE PUBLIC PARTICIPATION PROCESS AND THE PROPOSED DONATION OF ERF 1989 VALHALLA (From the Mayoral Committee: 16 March 2016) The purpose of the report is to provide progress and obtain a final decision on the proposed donation of Erf 1989 Valhalla measuring 10 110m² in extent to the Thaba Tshwane Islamic Centre Trust in terms of section 14(2) of the Municipal Finance Management Act (Act 56 of 2003) and MAT Regulations.

(A copy of the relevant report is filed with the official Minutes of this meeting) During consideration of this item by Council on 24 March 2016, Ald M Essop participated in a debate. Subsequently, Cllr IP Du Plooy seconded by Cllr PD Uys proposed the following amendments:

(Unaltered)

“1. In order to avoid any embarrassment and potential legal costs that might occur should we not, that this matter is held in abeyance pending the outcome of the investigation by the public protector.

2. That Council make all the necessary information available to the

public protector in order for them to carry out their investigation speedily and efficiently.

3. That Council comply with all procedures that were agreed to

between the petitioner and Council at the original petitions committee meeting concerning notification and feedback.

4. That this matter be brought before Council once a decision has

been made by the Public Protector.” Since there was opposition to the proposed amendments by Cllr Du Plooy, the Speaker put the said amendments to a vote and declared the results as follows: For the proposed amendments by Cllr Du Plooy: 4 Against the proposed amendments by Cllr Du Plooy: 152 Abstained: 0

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In view of the above voting results, the proposed amendments by Cllr Du Plooy was not carried by Council. Hereafter the following Councillors participated in a debate on the contents of the report: M Aucamp NB Makitla RMH Mokgothadi J Mkhize MMC J Ngonyama MMC RT Mashego The Executive Mayor It was thereafter resolved as set out below: RESOLVED: 1. That Council proceed with the donation of Erf 1989 Valhalla measuring 10

110m² in extent as the property is not required to provide the minimum level of basic municipal services.

2. That Council approves the donation of Erf 1989 Valhalla measuring 10 110m²

in extent to the Thaba Tshwane Islamic Centre Trust in terms of section 14(2) of the Local Government: Municipal Finance Management Act (Act 56 of 2003).

3. That notice of the donation envisaged in recommendation will be given in

terms of section 79(18) of the Local Government Ordinance, 1939 (Ordinance 17 of 1939). Should any objections to or representation in respect of the proposed donation be received, the proposed donation together with such objections and/or representations, will be submitted to the Council for consideration and a final decision. Should no objections and/or representations be received, the process be proceeded with in term of the municipality’s Alienation Policy.

4. That Council approves the rezoning of erf 1989 Valhalla from Residential to

appropriate zoning in line with the city's Town Planning scheme; and that such rezoning will be advertised in terms of the appropriate provisions of the Town-planning and Township Ordinance, 1986 (Ordinance 15 of 1986).

5. That any removal, moving and/or change to the existing municipal services

networks that may become necessary due to this application, will be for the applicant's cost.

6. That access to and from the site/development be to the satisfaction of the

Municipality. 7. That all required bulk services will be provided at the costs of the beneficiary.

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8. That when required the beneficiary at its costs and risks will conduct necessary traffic impact studies, geological studies or any other study necessary for the development of the land.

9. That the beneficiary will protect municipal servitudes by registering

servitudes in favour of the municipality, and there shall be no development or trees planted next to the servitudes.

10. That no development on the property will take place before approval of

development plans. 11. That the property will only be utilised for religious purposes and revert to the

Municipality if no longer required for the purpose. 12. That proof thereof that Thaba Tshwane Islamic Center Trust has been

registered in terms of Non-Profit Organisation Act of 1997 or if it is not registered in terms of Non-Profit Organisation Act of 1997, it must do so within 6 months.

13. That proof in the form of the Church’s Constitution or founding document to

confirm that it’s income and property are not distributable to its members or office-bearers, except as reasonable compensation for services rendered.

14. That the Strategic Executive Director: City Planning and Development will

follow all necessary process to rezone the property. 15. That Group Legal Services be authorised to issue and sign a Power of

Attorney to bring into effect the above recommendations. 16. That the Municipality’s further conditions of donation usually applicable to

transaction of this nature or any other condition that will be set by the Municipality will be applicable.

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Mayor Maganlal (3832) COUNCIL: 24 March 2016

13. CITY STRATEGIES AND PERFORMANCE MANAGEMENT

REPORT ON THE DRAFT 2016/21 INTEGRATED DEVELOPMENT PLAN (IDP) AND THE DRAFT 2016/17 SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN (From the Special Mayoral Committee: 18 March 2016) The purpose of this report is to table the City of Tshwane draft 2016/21 Integrated Development Plan (IDP), a third revision of the approved 2011/16 Integrated Development Plan (IDP), attached as Annexure A; for comment in terms of section 16 and section 17 of the Municipal Finance Management Act (MFMA) of 2003.


RESOLVED: 1. That the draft 2016/21 Integrated Development Plan (IDP) document be

tabled to Council to allow for public comment. 2. That Council allows for the communication of the attached document to

relevant provincial and national departments as per legislative requirements. 3. That public participation process to engage on the draft 2016/21 IDP be

initiated and concluded within 21 days from the date of tabling of this document to Council.

4. That the Council considers the draft 2016/17 Service Delivery and Budget

Implementation Plan (SDBIP) scorecard as contained in Annexure A.

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9/4 Umar Banda (X8100) COUNCIL: 24 March 2016 14. GROUP FINANCIAL SERVICES DEPARTMENT

(BUDGET OFFICE) PRE-COMMUNITY CONSULTATION BUDGET – DRAFT 2016/17 MEDIUM-TERM REVENUE AND EXPENDITURE FRAMEWORK FOR THE CITY OF TSHWANE (From the Special Mayoral Committee: 18 March 2016)

The purpose of the report is to table the draft 2016/17 Medium-term Revenue and Expenditure Framework (MTREF) before Council in terms of Section 16(2) of the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003) for community consultation. (A copy of the relevant report is filed with the official Minutes of this meeting)

During consideration of this item by Council on 24 March 2016, and after Councillors RJB Mohlala and M Aucamp addressed Council on this matter, it was resolved as set out below: RESOLVED: 1. That the Draft 2016/17 Medium-term Revenue and Expenditure Framework,

tabled in accordance with the Municipal Finance Management Act, 2003 (Act 56 of 2003) be considered for community consultation process.

2. That the proposed tariffs for the Draft 2016/17 MTREF as outlined in

Annexures C to H be considered for the community consultation process. 3. That the Accounting Officer:

3.1 in accordance with chapter 4 of the Systems Act:

(a) make public the annual consolidated operating budget and other documents referred to in section 17(3) of the MFMA;

(b) invite the local community to submit representations in connection with the annual consolidated operating budget;

3.2 submit the annual budget:

(a) in both printed and electronic formats to the National and Provincial Treasury;

(b) in either format to any prescribed national or provincial organs of state and to such other municipalities as may be affected by the budget.

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CPD Makgorometje Makgata (3457) COUNCIL: 24 March 2016 15. CITY PLANNING AND DEVELOPMENT DEPARTMENT (CITY PLANNING DIVISION)

REPORT ON APPOINTMENT OF MUNICIPAL PLANNING TRIBUNAL IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, ACT 16 OF 2013 (From Council: 23 April 2015)

The purpose of this report is to, in line with Council Resolutions 7, 14 and 15 dated 23 April 2015, appoint non-municipal officials on the Municipal Planning Tribunal, in terms of section 36(1)(b) of the Spatial Planning and Land Use Management Act, 16 of 2013 (the “Act”) and the Spatial Planning and Land Use Regulations, 2015 (the “Regulations”)


RESOLVED: 1. That the City of Tshwane appoint the following non-municipal officials as

members of the Municipal Planning Tribunal as recommended by the evaluation panel in the body of the report on the terms and conditions as outlined in the report dated 23 April 2015 Ms Viwe Qegu

Mr. Israel Moketla Mamabolo Ms. Stefani Chetty (Rural Development and Land Reform)

Mr. D.O. Nkoane Mrs. R. Du Plessis

Mr. Thesigan Pillay

2. That Group Legal Services draft an agreement that sets out the terms and

conditions of the appointment of the non-municipal officials as members of the Municipal Planning Tribunal including the signing of the Code of Conduct as outlined in the report dated 23 April 2015 and the Land Use Management By-law,2016;

3. That the Municipal Appeals Tribunal (SLDT) as established in terms of Council Resolution dated 23 April 2015, be authorised to consider and take decisions on appeals lodged in terms of section 62 of the Municipal Systems Act, Act 32 of 2000, specifically related to any Land Development- Land Use- Application;

4. That the City of Tshwane confirm the appointment of the members of the City Planning and Development Committee, including the Chairperson and Deputy Chairpersons as members of the Municipal Planning Tribunal, read with Section 36 of the Act and as outlined in paragraph 4.4 of the body of the Report; and

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5. That subject to Resolution 1-4 being adopted the Strategic Executive

Director: Planning and Development be authorised to, in terms of the Regulations to the Act, inform and give notice of the said appointments.

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(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURES A, A.1, A.2, A.3, A.4 AND A.5)

In terms of Section 56(5) of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) as amended, the resolutions by the Mayoral Committee from its meetings held 4, 18 November, 2 December 2015 and 20 January 2016, 10 February 2016 and 2 September 2015 were submitted to Council for discussion/cognisance in terms of Section 13(7) of the Rules and Orders.

During the debate on Annexures A, A.1, A.2, A.3, A.4 and A.5 at the Council meeting of 24 March 2016, no proposal was made that the Executive Mayor be requested to reconsider any resolution, and no request was made to record any opposition to any resolution contained in these annexures.

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(b)(i) REPORTS OF OVERSIGHT AND STANDING COMMITTEES REPORTING DIRECTLY TO THE COUNCIL

The Chair of Chairs submitted to Council the following reports emanating from the Section 79 Standing and Oversight Committees for consideration as well as Annexures B for cognizance and/or discussion. A. FROM THE SECTION 79 STANDING COMMITTEE:

PETITIONS: 17 MARCH 2016 1. Office of the Speaker

Request for Petitions Committee meetings to be conducted in all 7(seven) regions through public hearings (From the Section 79 Standing Committee: Petitions: 17 March 2016) ………………………………………………………………… 52

B. FROM THE SECTION 79 OVERSIGHT COMMITTEE: INTEGRATED

DEVELOPMENT PLANNING

2. Office of the Speaker Oversight report over Quarter 4 report on the Integrated Development Plan (IDP) and Service Delivery Implementation Plan (SDBIP) for 2014/15 Financial Year (From the Council meeting: 30 July 2015, Section 79 Oversight Committee: Integrated Development Planning 18 August 2015, Section 79 Oversight Committee: Integrated Development Planning: 13 October 2015, Section 79 Oversight Committee: Integrated Development Planning: 15 March 2016)……………………………..…… 53

C. FROM THE SECTION 79 STANDING COMMITTEE:

RULES AND ETHICS: 18 MARCH 2016 3. Office of the Speaker

Report on mitigation and aggravating circumstances regarding The finding of guilty on the allegations of the contravention of Section 2(a) and (b) of the Code of Conduct for Councillors as set out in Schedule 1 of the Systems Act, 2000 (Act 32 2000), by Councillor Motsaneng (From the Section 79 Standing Committee: Rules and Ethics: 17 April 2015, Council 23 April 2015, the Section 79 Standing Committee: Rules and Ethics: 24 July 2015, the Section 79 Standing Committee: Rules and Ethics: 23 October 2015, the Section 79 Standing Committee: Rules and Ethics: 20 November 2015, the Section 79 Standing Committee: Rules and Ethics: 22 January 2016 and 18 March 2016) ……. 54

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4. Office of the Speaker

Referral by the Acting Speaker of allegations made by Councillor MS Shackleton at the Council meeting of 29 October 2015 (From the Section 79 Standing Committee: Rules and Ethics: 18 March 2016) ……………………………………………………….. 55

D. FROM THE SPECIAL SECTION 79 STANDING COMMITTEE:

PUBLIC ACCOUNTS: 22 MARCH 2016

5. Office of the Speaker MPAC Oversight Report over the Annual Report of the City of Tshwane and its entities for the Financial Year 2014/15 (From the Special Section 79 Standing Committee: Public Accounts: 22 March 2016) ………………………………………….. 56-57


(Financial reporting and assets) Creditors age analysis as at 31 October 2015 for the City (From the Section 79 Standing Committee: Public Accounts 11 March 2016 and Special Section 79 Standing Committee: Public Accounts: 22 March 2016) …………………. 58


(Financial reporting and Assets) Creditors age analysis as at 30 November 2015 for the City (From the Section 79 Standing Committee: Public Accounts 11 March 2016 and Special Section 79 Standing Committee: Public Accounts: 22 March 2016) ………………….. 59

8. Group Financial Services Department (Financial reporting and assets) creditors age analysis as at 31 December 2015 for the City (From the Section 79 Standing Committee: Public Accounts 11 March 2016 and Special Section 79 Standing Committee: Public Accounts: 22 March 2016) ………………….. 60


MPAC Oversight Report on Supply Chain Management performance report for 1st quarter of 2015/16 Financial year (From the Special Section 79 Standing Committee: Public Accounts: 22 March 2016) …………………………………………….. 61


MPAC Oversight Report on Supply Chain Management performance report for 2nd quarter of 2015/16 Financial year (From the Special Section 79 Standing Committee: Public Accounts: 22 March 2016) ………………………………………….. 62

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11. Office of the Speaker MPAC Oversight Report on Mid-Year Budget and Performance Assessment Report in terms of Section 88 of the Municipal Finance Management Act, 2003 on Housing Company Tshwane (Hct) for July-December 2015 (From the Special Section 79 Standing Committee: Public Accounts: 22 March 2016) ………………………………………….. 63


MPAC Oversight Report on Mid-Year Budget and Performance Assessment Report in terms of Section 88 of the Municipal Finance Management act, 2003 Tshwane Economic Development Agency (July-December 2015) (From the Special Section 79 Standing Committee: Public

Accounts: 22 March 2016) ……………………………………………. 64 13. Office of the Speaker

MPAC Oversight Report on in-Year Financial Report (Monthly and Second Quarter Budget Statement) for the period ended 31 December 2015 and Mid-Year Budget Assessment (From the Special Section 79 Standing Committee: Public

Accounts: 22 March 2016) …………………………………………… 65

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MD MATSENA (012 358 8065) COUNCIL: 24 March 2016 1. OFFICE OF THE SPEAKER

REQUEST FOR PETITIONS COMMITTEE MEETINGS TO BE CONDUCTED IN ALL 7(SEVEN) REGIONS THROUGH PUBLIC HEARINGS

(From the Section 79 Standing Committee: Petitions: 17 March 2016)

The purpose of this report is to seek approval to conduct the Section 79 Standing Committee: Petitions meetings for April, May, June and July 2016 with community stakeholders and petitioners in the region relevant to petitions concerns in the venue within all 7 regions, where applicable. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of the contents of this report.

2. That the initiatives for future petitions committee meetings/ public hearings,

as per this report and approved by the petitions committee for April-July 2016 be noted.

3. That the date of 21 July 2016 be approved as the date for the petitions

committee meeting / hearing in July 2016.

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JRK THEMA (012 358 1723) COUNCIL: 24 March 2016 2. OFFICE OF THE SPEAKER OVERSIGHT REPORT OVER QUARTER 4 REPORT ON THE INTEGRATED

DEVELOPMENT PLAN (IDP) AND SERVICE DELIVERY IMPLEMENTATION PLAN (SDBIP) FOR 2014/15 FINANCIAL YEAR (From the Council meeting: 30 July 2015, Section 79 Oversight Committee: Integrated Development Planning 18 August 2015, Section 79 Oversight Committee: Integrated Development Planning: 13 October 2015, Section 79 Oversight Committee: Integrated Development Planning: 15 March 2016) The purpose of this report is to provide oversight on progress reported by Departments, against the targets on the SDBIP and IDP as at the end of June 2015 (Quarter 4 of 2014/15 financial year). (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognizance be taken of the contents of this report. 2. That Council refer the final report to the Committee, to complete the

oversight process.

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REPORT ON MITIGATION AND AGGRAVATING CIRCUMSTANCES REGARDING THE FINDING OF GUILTY ON THE ALLEGATIONS OF THE CONTRAVENTION OF SECTION 2(a) AND (b) OF THE CODE OF CONDUCT FOR COUNCILLORS AS SET OUT IN SCHEDULE 1 OF THE SYSTEMS ACT, 2000 (ACT 32 2000), BY COUNCILLOR MOTSANENG (From the Section 79 Standing Committee: Rules and Ethics: 17 April 2015, Council 23 April 2015, the Section 79 Standing Committee: Rules and Ethics: 24 July 2015, the Section 79 Standing Committee: Rules and Ethics: 23 October 2015, the Section 79 Standing Committee: Rules and Ethics: 20 November 2015 and the Section 79 Standing Committee: Rules and Ethics: 22 January 2016 and 18 March 2016)

The purpose of this report is for the Rules and Ethics Committee to consider the mitigating and aggravating arguments presented by both Cllr Motsaneng and the representative of Council in conjunction with the merits of the matter, to enable Committee to make proper recommendations to Council with regard to appropriate sanction. COUNCIL: 24 MARCH 2016 At the Council meeting of 24 March 2016, the Speaker before tabling this report, explained the provisions of Item 13(2) and Item 9 of the Code of Conduct for Councillors in relation to the consideration of such report and thereafter requested Cllr Motsaneng to excuse himself from the meeting. Subsequently, Councillors RJB Mohlala, C Brink and MMC RT Mashego addressed Council on this matter and it was thereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of this report. 2. That the Committee consider the merits in conjunction with the aggravating

and mitigating circumstances advanced by both parties. 3. That Section 14(2)(d) of the Code of Conduct for Councillors be invoked in

terms of the Municipal Systems Act 4. That the final penalty be in the form of reimbursement to the affected party

(Ms Masangu) for all monies owed to the affected party. 5. That Councillor Motsaneng reimburses the affected party within 14 working

days and that proof thereof be submitted to the Committee at its next meeting to held on 15 April 2016.

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MAPITI MATSENA (358 8065) COUNCIL: 24 March 20168 March 2016 4. OFFICE OF THE SPEAKER

REFERRAL BY THE ACTING SPEAKER OF ALLEGATIONS MADE BY COUNCILLOR MS SHACKLETON AT THE COUNCIL MEETING OF 29 OCTOBER 2015 (From the Section 79 Standing Committee: Rules and Ethics: 18 March 2016)

The purpose of this report is for the Rules and Ethics Committee to determine whether the allegations made by Councillor MS Shackleton at the Council meeting of the 29 October 2015, constitutes contravention of the Code of Conduct for Councillors. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That cognisance be taken of this report. 2. That on the basis of Councillor MS Shackleton’s response to the allegations

which states ‘This administration struggles to fill vacancies, probably something to do with the Mayor’s statement in this very Chamber that jobs in this City are for ANC card carrying members and will not apologise for that. That is what the Mayor said in this Chamber’, the Speaker should ask him to apologise and withdraw the allegation in Council.

(Remark: At the Council meeting of 24 March 2016, immediately after the report and recommendations have been approved, the Speaker requested Cllr Shackleton to apologise and withdraw the allegations as per resolution 2 and Cllr Shackleton did as requested by the Speaker.)

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MPAC OVERSIGHT REPORT OVER THE ANNUAL REPORT OF THE CITY OF TSHWANE AND ITS ENTITIES FOR THE FINANCIAL YEAR 2014/15 (From the Special Section 79 Standing Committee: Public Accounts: 22 March 2016)

The purpose of this report is to consider and to also provide oversight report over the Annual Report of the City of Tshwane and its entities for the financial year 2014/15, pursuant to Section 129 of the Municipal Finance Management Act (MFMA) of 2003.

COUNCIL: 24 MARCH 2016 During consideration of this item by Council on 24 March 2016, the following Councillors participated in a debate: Cllr Prof T Khalo (Cllr Prof Khalo, among others, mentioned that Cllr KR

Mathebe alleges that the Municipality had altered the Annual Financial Statement following submission thereof by the Auditor General. Cllr Prof Khalo explained that once the Auditor General has submitted his Annual Report together with the Audited Financial Statements to the Accounting Officer, no one can alter them. He therefore requested that Cllr Mathebe withdraw the allegation, failing which the allegation must be referred to the Section 79 Standing Committee: Rules and Ethics.

On a point of information, Cllr Mathebe explained that indeed she had referred to the changes to the notes and notes in her opinion were part of the Financial Statements and therefore would not withdraw her statement in this regard “as notes were indeed changed and the lady, I can’t remember her name, confirmed that yes they changed amounts on irregular expenditure and she gave reasons.”

Hereafter the Speaker indicated that the matter will be referred as requested by Cllr Prof Khalo.)

MS Marishane (Cllr Marishane during his address, among others, stated that the DA had prepared their own Financial Statements and Annual Report, whereafter Cllr P Sutton requested that it be placed on record that the DA did not submit their own Annual Report or Financial Statements at MPAC. He requested that the statements by both Cllr Marishane and Cllr Prof Khalo that the DA submitted alternative Financial Statements and Annual Report, be referred to the Rules and Ethics Committee. The Speaker indicated that this would be done.)

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It was therefore resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of the contents of this report. 2. That the Annual report be approved without reservations. (Remark: At the Council meeting of 24 March 2016, the Speaker enquired as to whether there was any individual from the Public Gallery who wished to exercise his or her right in terms of Section 130(1)(b) of the MFMA on this item and there was no such indication from the Public.)

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ST-B18/1 U Banda (012 358-8100) COUNCIL: 24 March 2016 6. GROUP FINANCIAL SERVICES DEPARTMENT

(FINANCIAL REPORTING AND ASSETS) CREDITORS AGE ANALYSIS AS AT 31 OCTOBER 2015 FOR THE CITY (From the Section 79 Standing Committee: Public Accounts 11 March 2016 and Special Section 79 Standing Committee: Public Accounts: 22 March 2016) The purpose of this report is to update the Municipal Public Accounts Committee of the creditor’s age analysis for the City. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That cognizance is taken of the creditor’s age analysis as at 31 October 2015.

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ST-B18/1 U Banda (012 358-8100)

COUNCIL: 24 March 2016 7. GROUP FINANCIAL SERVICES DEPARTMENT

(FINANCIAL REPORTING AND ASSETS) CREDITORS AGE ANALYSIS AS AT 30 NOVEMBER 2015 FOR THE CITY

(From the Section 79 Standing Committee: Public Accounts 11 March 2016 and Special Section 79 Standing Committee: Public Accounts: 22 March 2016) The purpose of this report is to update the Municipal Public Accounts Committee of the creditor’s age analysis for the City. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED:

That cognizance is taken of the creditor’s age analysis as at 30 November 2015.

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ST-B18/1 U Banda (012 358-8100)

COUNCIL: 24 March 2016

8. GROUP FINANCIAL SERVICES DEPARTMENT (FINANCIAL REPORTING AND ASSETS) CREDITORS AGE ANALYSIS AS AT 31 DECEMBER 2015 FOR THE CITY (From the Section 79 Standing Committee: Public Accounts 11 March 2016 and Special Section 79 Standing Committee: Public Accounts: 22 March 2016) The purpose of this report is to update the Municipal Public Accounts Committee of the creditor’s age analysis for the City.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That cognizance is taken of the creditor’s age analysis as at 31 December 2015.

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MPAC OVERSIGHT REPORT ON SUPPLY CHAIN MANAGEMENT PERFORMANCE REPORT FOR 1st QUARTER OF 2015/16 FINANCIAL YEAR (From the Special Section 79 Standing Committee: Public Accounts: 22 March 2016)

The purpose of this report is to provide an oversight report over on the Supply Chain Management Performance Report for the 1st quarter of 2015/16 financial year. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That the Accounting Officer submit a report to MPAC in April 2016,

stipulating controls to monitor contracts to avoid recurrence of ex-post facto payments resulting from expired contracts.

2. That the Supply Chain Management Division submit a report to MPAC in the

meeting of April 2016, particular with regard to cancelled tenders, outlining the criteria used in appointing those service providers and clarify the effectiveness of that criteria in ensuring adherence to principles which are fair, equitable, transparent, competitive and cost effective, as well as the financial implications of the cancelled tenders as stipulated in paragraph 4.1.1 “Acquisition Management” of the report.

That a report be submitted to MPAC in April 2016, clarifying procurement of the legal library by Group Legal Services.

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MPAC OVERSIGHT REPORT ON SUPPLY CHAIN MANAGEMENT PERFOMANCE REPORT FOR 2nd QUARTER OF 2015/16 FINANCIAL YEAR. (From the Special Section 79 Standing Committee: Public Accounts: 22 March 2016)

The purpose of this report is to provide oversight report over the Supply Chain Management Division for the 2nd quarter of 2015/16 financial year. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That the City Manager as the Accounting Officer submit a report to the MPAC

meeting in April 2016 demonstrating adequate measures to ensure fair, equitable, transparent, competitive and cost effective supply chain processes.

2. That the Supply Chain Management Division submit and present a report in April 2016, clarifying the reasons which led to more males benefitting from BEE spent as compared to women, youth and people with disabilities.

3. That a report clarifying approval by the Executive Acquisition Committee of eight (8) reports for cancellation of tenders be submitted to MPAC by Supply Chain Management Division, in April 2016 MPAC meeting.

4. That a report be submitted and presented by Supply Chain Management

Division in April 2016 clarifying the ex-post facto payment for the procurement of bins from Tshwane Hygiene.

5. That a detailed report on the losses related to theft in the plants, be

submitted and presented to MPAC in April 2016 meeting. 6. That a report be submitted and presented to MPAC by the Supply Chain

Management Division on the number of co-operatives conducting business with the City.

7. That the Supply Chain Management Division delivers a presentation to the

Section 79 Standing Committee: Public Accounts at its next meeting to be held on 8 April 2016, explaining how the e-procurement system will equitably address issues of gender parity and provide fair representation and equal opportunities to youth, people with disabilities and co-operatives.”

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MPAC OVERSIGHT REPORT ON MID-YEAR BUDGET AND PERFOMANCE ASSESSMENT REPORT IN TERMS OF SECTION 88 OF THE MUNICIPAL FINANCE MANAGEMENT ACT, 2003 ON HOUSING COMPANY TSHWANE (HCT) FOR JULY-DECEMBER 2015. (From the Special Section 79 Standing Committee: Public Accounts: 22 March 2016)

The purpose of the report is to provide oversight over the Mid-Year Budget and Performance Assessment (MBPA) of the Housing Company Tshwane (HCT) in terms of Section 88 of the Municipal Finance Management Act MFMA) for July to December 2015. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: That a report be submitted to MPAC in April 2016, outlining how the challenges listed, including but not limited to governance issues, will be addressed to improve performance of the entity.

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MPAC OVERSIGHT REPORT ON MID-YEAR BUDGET AND PERFOMANCE ASSESSMENT REPORT IN TERMS OF SECTION 88 OF THE MUNICIPAL FINANCE MANAGEMENT ACT, 2003 TSHWANE ECONOMIC DEVELOPMENT AGENCY (JULY - DECEMBER 2015) (From the Special Section 79 Standing Committee: Public Accounts: 22 March 2016)

The purpose of this report is to provide MPAC oversight report over the Mid-Year Budget and Performance Assessment in terms of Section 88 of Municipal Finance Management Act on Tshwane Economic Development Agency (July-December 2015).

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That a report be submitted by TEDA in the monthly oversight meeting of

MPAC in April 2016, outlining reasons for not implementing and failure to review the sustainability model.

2. That TEDA submits a report to MPAC in April 2016, detailing its revenue

generation streams and its long-term financial sustainability plans. 3. That TEDA submits a report to MPAC in April 2016 monthly meeting, with

evidence of its solvency and liquidity position.

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MPAC OVERSIGHT REPORT ON IN-YEAR FINANCIAL REPORT (MONTHLY AND SECOND QUARTER BUDGET STATEMENT) FOR THE PERIOD ENDED 31 DECEMBER 2015 AND MID-YEAR BUDGET ASSESSMENT (From the Special Section 79 Standing Committee: Public Accounts: 22 March 2016)

The purpose of this report is to provide oversight over the In-year Financial Report and Mid-year Budget Assessment, which is in compliance with Sections 52(d), 71 and 72 of the Municipal Finance Management Act (MFMA) and the requirements as provided for in the Municipal Budget and Reporting Regulations. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the City Manager as the accounting officer, coordinates and ensures

that all affected departments submits reports addressing all the findings expressed by the Committee under item 5 above (Table 1) with timeframe bound remedial actions to the MPAC meeting of April 2016.

2. That it be noted that the rationale provided for bad debt written off by Council was satisfactory.

3. That all under-funded services which were prioritised and catered for in the approved budget adjustments be presented in the MPAC meeting of April 2016.

4. That the Mid-term Financial Performance for the period ending 31 December 2015 and Budget Adjustments be supported by MPAC.

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

During the debate of Annexure B at the Council meeting of 24 March 2016,

no proposal was made for the Section 79 Standing Committee: Petitions to reconsider any resolution.

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G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN

QUESTIONS SUBMITTED BY COUNCILLORS IN TERMS OF SECTION 10(1)(b) OF THE RULES AND ORDERS OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY: COUNCIL MEETING : 24 MARCH 2016 The Speaker indicated that the Office of the Executive Mayor has received a number of questions from Councillors and in terms of the Rules and Orders, answers to these questions will be handed directly to the relevant Councillors or their respective whips.

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1. QUESTIONS OF CLLR H WEBER

A lot of work is being done in Zithobeni as far putting in water meters. New water meters are being installed at what seems to be great expense. The people have welcomed the principal of it. One should have thought that as has been done in most other areas that for the convenience of reading these meters they would have been put outside.

Question 1 Some meters have been put at the back of houses in some cases next to the toilet. a. Can you please explain why this has been done? b. Was it to save piping? c. How can meter readers know that the meter is there seeing that the same meter

readers are not used at the same place? Question 2 Some meters are put just inside the premises with a bit more effort they could be put outside. a. Is it a coincidence that many of these are where there are fierce dogs? b. Meter readers say they dare not enter these premises so do they estimate? c. Was this done on instructions of the owner? d. Why could the meter installers go inside the premises where were the vicious

dogs?

Question3 a. Is there inspection done regarding the installation of these meters? If not, why

not? b. Who is responsible for signing off the job? c. Is there a guarantee on the work that if it is not up to standard it will be redone? d. Is there a retainer kept so should the contractor desert the job there is money

available to fix up bad workmanship. If not, Why not?

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2. QUESTIONS OF CLLR PROF CJ NAPIER I refer to excessive noise levels which are repeatedly complained about by Tshwane residents and the right of everyone, ‘to an environment which is not harmful to their health and wellbeing…’ (Constitution 1996 24(a). To assist in ensuring this right is implemented, will the municipality: 1. Increase the number of Noise Control Officers when budgeting for this purpose in

the next financial year? If not – why not?

2. Budget for an additional ‘Impulse Integrated Type One Sound Level Meter’ to assist council officials in ensuring that relevant noise control regulations are complied with. If not - why not?

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3. QUESTIONS OF CLLR S FOURIE

With regard to the spending on libraries by the City of Tshwane, could the Executive Mayor please indicate? 1. Please indicate the specific amount per Region being available to spend for

the current book year. 3. Please indicate per region how much of the allocated amount was spend in

the 2015/2016 financial year. 4. Please provide a list of libraries maintained/repaired per region in the

2015/2016 financial year. 5. If the total amount transferred was not spent, please provide reasons for under

spending? 6. If R7, 2 million which was already received and was not spend of the budget,

why is the Hercules library closed? 7. When will the Hercules Library be open to the public and when will it be fully

functional again?

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4. QUESTIONS OF CLLR LJ WELMANS

BACKGROUND The Caledonian Soccer Heritage Stadium is the oldest soccer facility in South Africa and Africa and was build for the Arcadia Shepherds FC who was established in 1903 as a soccer club in the mid city of Pretoria. This heritage facility has changed very little and is the only soccer facility for soccer clubs, schools and 600 city youth dwellers who used this facility on a weekly bases. The facility was neglected and very little maintenance was done by the City of Tshwane since the cable theft in 2011. QUESTION 1 Could the Executive Mayor please explain the reasons why the Caledonian Stadium was not maintained by the City of Tshwane since 2011? QUESTION 2 Why was the lifelong and existing lease agreement not renewed? QUESTION 3 What happened to the Trust funds that were donated to Arcadia Shepherds FC for the upgrading and maintenance of the facility? QUESTION 4 Who are the administrators of this Trust Fund? QUESTION 5 How much was donated to the Trust Fund and how much was spent by Arcadia Shepherds FC since it was donated? QUESTION 6 Who were nominated as the trustees of the Trust Fund? QUESTION 7 Why were these funds not being used for the upgrading and maintenance of the facility since it was neglected by council? QUESTION 8 Can Arcadia Shepherds FC, who is the owners of the funds, claim it for the upgrading and maintenance of the facility? QUESTION 9 If not, who is going to claim the funds and for what purpose?

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5. QUESTIONS OF CLLR PE MILLAR

ACCOUNT NUMBER: 2087009644 ERF: 31366, MAMELODI EAST As the amount owing on this account is now R564 781, I would like to know the following: 1. The rates & taxes, plus the waste management only add up to R215.34 per

month. What charges caused this account to reach an amount of R564 781?

2. Water and electricity are still being supplied to the property. Are they paid by a separate account and is that account paid up to date?

3. Is there an illegal connection at the property for water and electricity?

4. What, if any, action has been taken by credit control to recover the

outstanding amount? 5. Has a judgment been taken against the owner of the property?

6. If so, what date was the judgement granted?

7. What was the monetary amount granted in the judgment?

8. If the property has to be sold in execution, the sale price is unlikely to cover

the outstanding debt. Does the municipality have any other surety to cover the shortfall?

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6. QUESTIONS OF CLLR R UYS

A few months ago a report came out that there were CCTV cameras allocated to the CBD of Bronkhorstspruit. The CBD has frequent criminal attacks either smash and grab and even car hijackings. Even with a certain amount of Metro Police presence this scourge continuous. What will help are CCTV cameras. Questions:

• When will these cameras be put up at the strategic places?

• Why has it taken so long for these cameras to be erected?

• Why is Bronkhorstspruit neglected as far as such services are concerned?

• When can we expect to have these cameras installed?

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H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS MEETING OF:

25 FEBRUARY 2016

There were none.

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I. NEW MOTIONS

There were none.

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J. PETITIONS

The following Petitions were submitted at the Council meeting of 24 March 2016 in terms of Section 16(1) of the Rules and Orders: 1. Petition requesting the City of Tshwane to reconstruct Erma Street between Alfred Boyes and Gongela Street, Ward 55 (by Cllr FW van Wyk). 2. Petition requesting the City of Tshwane to move the residents of Mulusie 1- 2 and Gomora on the Farm Zand Fontein as promised in 2012 (by Cllr FW van Wyk). 3. Petition against the allocation of dustbins and the increase tariffs of Waste

Management Services, Ward 26 (by Cllr MR Maake). 4. Petition to City of Tshwane against the allocation of dustbins and the increase

tariffs of Waste Management Services, Ward 27 (by Cllr MR Maake). 5. Petition requesting the granting of permission to Vodacom to erect Cellphone

mast towers in Valhalla, Ward 66 (by Cllr CE Strijdom). 6. Petition requesting for road to be tarred and streets to be named in extension 4 Zithobeni, Ward 102 (by Cllr H Weber). 7. Petition to repeal the decision to subdivide and donate Erf 8259, Ward 39 (by

Ald GC Pretorius). 8. Petition requesting the maintenance service Infrastructure, Ward 42 (by Cllr PA

Nel). 9. Petition requesting the repairing of a sink hole on Erf 1438 Monument Part

extension 2, Ward 42 (by Cllr PA Nel).

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

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

1. Snap Debate: Racism and Language

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L. CONCLUSION

The Speaker thanked all Councillors for their valuable inputs during the meeting and declared the meeting closed at 17:00.

minutes council 24 03 2016 - tshwane · 1 council minutes for approval at the 54th council meeting...

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