minutes council 26 september 2019 - tshwane calendar...mehlape mm 27. meyer k 28. meyer ca 29....

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COUNCIL MINUTES FOR APPROVAL AT THE COUNCIL MEETING OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY (FOURTH TERM OF THE CITY OF TSHWANE), TO BE HELD ON 31 OCTOBER 2019 AT 10:00

Council Meeting of the City of Tshwane Metropolitan Municipality held on 26 September 2019 at 10:00

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MINUTES of the Council Meeting of the

CITY OF TSHWANE METROPOLITAN MUNICIPALITY

(FOURTH TERM OF THE CITY OF TSHWANE)

held in the Council Chamber, Tshwane House, cnr Lilian Ngoyi and Madiba Streets, Pretoria, on THURSDAY, 26 September 2019 at 10:00.

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MINUTES: COUNCIL: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 26 SEPTEMBER 2019

DA :

PROPORTIONAL 1. Mokgalapa S (Executive Mayor) 2. Mathebe RK

(Speaker of Council) 3. Van den Heever CM (Chief Whip of

Council) 4. Barendrecht JW 5. De Klerk MJ 6. Dhlamini SO 7. Ditabo DD 8. Dzumba KY 9. Engelbrecht BA 10. Fourie M 11. Helfrich WP 12. Jansen J 13. Kgaboesele F 14. Kgobane T 15. Kwenaite P 16. Khumalo ZC 17. Lee TW 18. Louw E 19. Maake MR 20. Maas S 21. Mabena TW 22. Mabunda L 23. Maimane SS 24. Makgaleng KG 25. Makhafula MA 26. Mehlape MM 27. Meyer K 28. Meyer CA 29. Millar PE 30. Mkhari M

31. Moheta RB 32. Mohlamme T 33. Mokhotho NL (Absent) 34. Moloto LKP 35. Monaanyane HT 36. Moreriane OT 37. Moss D 38. Motale SK (Absent) 39. Motau LG 40. Motsaneng S 41. Mthimunye PG 42. Napier CJ (Prof) 43. Ndlovu JZ 44. Nkosi K 45. Nortje HJ 46. Phokoje STT 47. Pretorius GC 48. Selowa D 49. Semfeng KD 50. Senkubuge SL 51. Thwala DS 52. Vilakazi TC 53. Wannenburg DG 54. Williams RM

WARD 55. Bekker CF (Apology) 56. Billson C 57. Botha EAL 58. Breytenbach AS 59. Chapman B 60. Coetzee JJ 61. De Bruin CRE (Absent) 62. Du Plooy J 63. Duvenage Y 64. Farquharson DJ 65. Fourie RP

81. Sutherland M 82. Sutton P 83. Tau AM 84. Uys J 85. Uys R 86. Van Buuren JG 87. Van Heerden PW 88. Van Niekerk AM 89. Van Wyk FW 90. Visser GP 91. Wakelin KH 92. Welmans LJ (Apology)

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66. Johnston D 67. Kruger-Muller M 68. Lawrence BW 69. Linde E 70. McDonald CN 71. Middelberg LR 72. Muller S 73. Nel E 74. Nel PA 75. Pienaar CF 76. Pietersen IJ 77. Prinsloo CD (Adv) (Apology) 78. Smith FJ 79. Strange MI 80. Strijdom CE

93. Wilkinson S

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ANC:

PROPORTIONAL

1. Boshomane MJ 2. Lekgema PL 3. Mabitsela MM 4. Mabona SJ 5. Mabusela TE 6. Maepa KL (Dr) 7. Maine MT (Absent) 8. Makgatho JT 9. Masombuka JB 10. Mashamba RW 11. Mashego RT 12. Matlala LS 13. Matshiyane MMS 14. Mohlala RJB (Apology) 15. Mojela DL 16. Mokwena PHN 17. Morudu MGR 18. Mmoko TE 19. Ndlovu TA 20. Sibisi IB (Absent) 21. Tyobeka-Makeke NP

WARD

22. Aphane IM 23. Baloyi MB 24. Baloyi JK 25. Baloyi JJ 26. Boroto AS 27. Celiphile M 28. Chiloane EP 29. Dinale AL 30. Dhlamini SF 31. Essop M 32. Hlatshwayo FE 33. Hlatshwayo PB 34. Kgatle TF 35. Lehobye DJ 36. Mabelane VP 37. Magodielo TK 38. Mahlangu TF 39. Mahwayi MM 40. Maila ST 41. Maja SD 42. Makola MA 43. Maleka RR 44. Maluleka AM 45. Mampuru SF 46. Mantjane MA

70. Ngobeni JM 71. Nkosi FE 72. Ntlatleng WT 73. Ntohla ZS 74. Phahlane AK 75. Qebelu SN 76. Rallele M 77. Rammushi JP 78. Rangako TM 79. Rasegoete MM 80. Ringane MB 81. Sedibeng SL 82. Sebotsane MP 83. Skhosana MN 84. Sindane JM 85. Siphutuma BT 86. Thema FM 87. Tsela CD 88. Tshabalala ES 89. Zitha PB

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47. Marishane MS 48. Masango V 49. Maseko PL 50. Masemola CS 51. Masemola VI 52. Mashapa MA 53. Mashola MS 54. Masilela JK 55. Masilela JW 56. Masupha NR 57. Mathe DM 58. Mathenjwa NL 59. Matjene MH 60. Meme MN 61. Mlotshwa EM 62. Mokgalotsi NA 63. Mokhare JN 64. Molaba PF 65. Moloi ED 66. Motaung TB (Apology) 67. Mphaga IS 68. Mulaudzi LG 69. Ndlovu NGJ

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EFF:

PROPORTIONAL

1. Chauke SR 2. Chilwana NM (Apology) 3. Disoloane KB 4. Kgwedi DI 5. Lekgothoane JL 6. Letlonkoene TK (Apology) 7. Maboa PP 8. Mabogwana MO 9. Machaba NE 10. Mafole K 11. Manaka PN 12. Masemola AT 13. Masilela L 14. Masoleng MA 15. Matjie LA 16. Mathebula HN (Apology) 17. Mnguni NP 18. Monchusi RGM

19. Motsa NS 20. Moyana MM (Absent) 21. Phukuile B 22. Ramabodu OS 23. Silaule GV 24. Tshabane SB 25. Tuwani T

FF +:

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

ACDP:

PROPORTIONAL 1. Kissoonduth, A

COPE:

PROPORTIONAL 1. Nkwane, S

PAC:

PROPORTIONAL 1. Lekgoathi, LJ

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REPRESENTATIVES FROM THE TRIBAL AUTHORITIES 1. AmaNdebele Ba Lebelo

KH Swandle 2. AmaNdebele wakwa Ndzundza

Sokhulumi KE Nakedi SK Mahlangu

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MINUTES: COUNCIL MEETING: CITY OF TSHWANE METROPOLITAN MUNICIPALITY: 26 SEPTEMBER 2019 Order of business of the Continuation Council Meeting convened in terms of Section 2 (read with Section 8) of the Rules and Orders: INDEX Pages A. OPENING: PRAYER OR MEDITATION ………………………………….. 13 B. APPLICATIONS FOR LEAVE OF ABSENCE ………………………….. 14 C. OFFICIAL NOTICES ………………………………………………………. 15 D. UNOPPOSED PROPOSALS BY THE SPEAKER AND OTHER

PROPOSALS ALLOWED BY THE SPEAKER ……………………….. 16-18 E. CONSIDERATION OF THE MINUTES OF THE PREVIOUS

COUNCIL MEETING: 29 AUGUST 2019 (Ordinary Council and In Committee) ………………………………… 19

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F. REPORTS TO THE COUNCIL

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

PART I: FROM THE SPECIAL MAYORAL COMMITTEE MEETING: 16 SEPTEMBER 2019 INDEX

PAGES

(The recommendation appears on the page indicated in brackets) 1. Group Financial Services Department

Municipal Finance Management Act (MFMA) In-year financial report (monthly budget statement) for the period ending 31 August 2019 (From the Special Executive Committee: 16 September 2019 and the Special Mayoral Committee: 16 September 2019) ………… 22

2. Group Finance Services Department Grants and subsidies progress report for the period ended

31 August 2019 (From the Special Executive Committee: 16 September 2019 and the Special Mayoral Committee: 16 September 2019) …………. 23

3. Group Financial Services Department

A. Financial results for the period ended 30 June 2019 (Pre-audited annual financial statements) B. Reasons for unauthorised/overspending on the Operating Budget for referral to Council for condonement (From the Special Executive Committee: 16 September 2019 and the Special Mayoral Committee: 16 September 2019) ………. 24-25

4. Office of the City Manager

Report on signing of performance agreements by Section 54(A) and Section 56 employees for 2019/20 financial year (From the Special Executive Committee: 16 September 2019 and the Special Mayoral Committee: 16 September 2019) ………….. 26

5. Ref. no. 83630/1 Group Property Department

Further Report: Proposed lease of the remainder of Portion 89 (proposed Nellmapius extension 27) and the remainder of Portion 3 of the farm The Willows 340-JR for the development of Silverton industrial and Retail Park (From the Special Executive Committee: 16 September 2019 and the Special Mayoral Committee: 16 September 2019) ………… 27-28

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PART I(A): FROM THE SPECIAL MAYORAL COMMITTEE MEETING: 16 SEPTEMBER 2019 6. Group Financial Services Department

(Supply Chain Management) Deviations tenders approved for the month of August 2019 of 2019/20 financial year in terms of Supply Chain Management Regulation 36 of Municipal Finance Management Act (MFMA) (From the Special Executive Committee: 16 September 2019 and the Special Mayoral Committee: 16 September 2019) ………. 29

PART II: FROM THE SPECIAL MAYORAL COMMITTEE MEETING: 23 SEPTEMBER 2019 7. Ref. no. 95590/2 Group Financial Services Department

Cost Containment Policy (From the Special Executive Committee: 16 September 2019, the Special Mayoral Committee: 16 September 2019, the Executive Committee: 23 September 2019 and the Special Mayoral Committee: 23 September 2019) …………………………………………… 30

8. Utility Services Department

(Water and Sanitation) Temba Water Quality Challenges: Rooiwal Waste Water Treatment Plant (WWTP) and Temba Water Purification Plant (WPP) (From the Special Mayoral Committee: 23 September 2019) ………… 31-32


Report on the Benchmarking Exercise of the Salary Scales for the City of Tshwane metropolitan municipality (From the Executive Committee: 23 September 2019 and the Special Mayoral Committee: 23 September 2019) …………………… 33-34

PART III: FROM THE SPECIAL MAYORAL COMMITTEE MEETING: 26 AUGUST 2019 10. Office of the City Manager

Update of the events that took place during the employees’ unprotected strike (29 July 2019 to 2 August 2019) (From the Mayoral Committee: 7 August 2019; the Special Executive Committee: 14 August 2019 and the Special Mayoral Committees: 19 August and 26 August 2019 and Council: 29 August 2019) …………………………………………… 35-36


Report on the implementation of the settlement agreement reached in the South African Local Government Bargaining Council on 1 August 2019 (From the Mayoral Committee: 7 August 2019, the Special Executive Committee: 14 August 2019 and the Special Mayoral Committees: 19 August and 26 August 2019 and Council: 29 August 2019) ………………………………………….….. 37

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(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURE A) ………………………………………………………………. 38 (b) REPORTS OF OVERSIGHT AND STANDING COMMITTEES

REPORTING DIRECTLY TO THE COUNCIL …………………………….. 39-68 (b)(ii) RESOLUTIONS BY OVERSIGHT AND STANDING COMMITTEES REPORTING TO THE COUNCIL (ANNEXURE B) …………………….. 69 G. QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN ………………. 70 H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS

MEETING …………………………………………………………………….. 71 I. NEW MOTIONS …………………………………………………………….. 72

J. PETITIONS …………………………………………………………………… 73

K. ANY OTHER MATTER NOT CONTAINED IN THE NOTICE OF THE MEETING, AT THE DISCRETION OF THE SPEAKER ………….. 74

L. CONCLUSION ……………………………………………………………… 75

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A. OPENING: PRAYER OR MEDITATION

The Speaker, Cllr RK Mathebe welcomed all present by requesting members to observe a moment of silence for prayer or meditation.

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B. APPLICATIONS FOR LEAVE OF ABSENCE

The Chief Whip of Council, Cllr CM van den Heever, in accordance with powers delegated to him submitted the approved leave of absence of the following Councillors: Adv CD Prinsloo RJB Mohlala CF Bekker LJ Welmans TB Motaung TK Letlonkoene HN Mathebula NM Chilwana (Remarks: 1. Cllr LJ Lekgoathi apologise for late arrival.

2. The following Councillors apologised for early departure:

MB Ringane: 12:00 MN Meme: 15:00 MMC IP du Plooy: 18:00

As no leave of absence was presented for the following Councillors, they be deemed absent without leave: CRE de Bruin IB Sibisi MM Moyana NL Mokhotho SK Motale MT Maine.)

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C. OFFICIAL NOTICES

There were none.

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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 I, I(A) II, and III of the agenda were received from the Executive Mayor on 17, 18, 25 and 26 September 2019 respectively and delivered to Councillors on SharePoint on 17, 18, 25 and 26 September 2019. These reports were urgent though and they must therefore serve in Council. The Speaker further explained that the Executive Mayor would, if he deems it necessary, also speak to these items when he submits his reports to Council.

2. CONDOLENCES

The Speaker explained that the country was mourning the following three people who passed away:

• President Robert Gabriel Mugabe President Mugabe was a revolutionary and politician who served as Prime Minister of Zimbabwe from 1980 to 1987 and then as President of that country from 1987 to 2017. He was born on 21 February 1924 in Kutama, Zimbabwe and died on 6 September 2019 after a long illness at Gleneagles Hospital in Singapore at the age of 95.

• Deputy Minister: Bevelile Gloria Hlongwa

Ms Hlongwa was a member of the ANC in KwaZulu-Natal Province appointed as the Deputy Minister of Mineral Resources and Energy after the May 2019 National Elections. Ms Hlongwa was born on 4 April 1981 in the town of Umzinto in KwaZulu-Natal and died on 13 September 2019 in a road accident on the N1 from Polokwane.

• Chester Mornay Williams

Mr Williams, a South African Rugby Union player, was born on 8 August 1970. He played as a winger for the South African National Rugby Union team (The Springboks) from 1993 to 2000, most notably for the team that won the 1995 Rugby World Cup. Mr Williams died on 6 September 2019 at the age of 49 and was buried on 14 September 2019 in Cape Town.

The Speaker hereafter requested Council to rise and observe a moment of silence in their remembrance.

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3. WELLNESS AMBASSADORS TO DELIVER SPEECHES ON HEALTH MATTERS

The Speaker explained that the Wellness Ambassadors had in their endeavour to keep Council aware of our Health and Wellness issues once again prepared two presentations. She further indicated that, as requested by the Chief Whip of Council she had allowed the Wellness Ambassadors to present information on two nerve-wrecking topics that Council should be aware of and not ignore and these were depression and suicide. The Speaker furthermore informed Council about the exhibition table outside the chamber under the banner of Councillor Wellness Committee distributing flyers. The exhibitors were from the organizations Lifeline and the South African Depression and Anxiety Group (SADAG) and urged Councillors to visit the mentioned tables. Hereafter the Speaker welcomed the following Wellness Ambassadors: Councillor Barend Erasmus and Councillor Mpho Mehlape-Zimu, who presented wellness speeches for the themes of Depression and Suicide Awareness respectively to Council.

4. HERITAGE MONTH

The Speaker explained that September was Heritage Month. Heritage Month recognises aspects of South African culture which are both tangible and intangible: creative expression such as music and performances, our historical inheritance, language, the food we eat as well as the popular memory. The Speaker further explained that Cllr AM Maluleka during Programming Committee meeting of 25 September 2019 requested that Councillors be allowed to speak in Council on Heritage Month. Hereafter the Speaker gave the following Councillors opportunity to address Council on Heritage Month in accordance with the list provided by the Chief Whip of Council: TF Mahlangu GV Silaule (during the address by Cllr Silaule, Cllr TE Mabusela on a point of order requested Cllr Silaule to refrain from mentioning the ANC in her speech as in her opinion was unacceptable.

MMC A Tau also on a point of order requested Cllr Mabusela to withdraw the use of the name “colonizers” as in his opinion such was derogatory, failing which such be referred to the Rules and Ethics Committee.

Following an input by Cllr AM Maluleka, the Speaker indicated that the matter would be referred.)

MMC IP du Plooy (Before MMC Du Plooy could address Council on Heritage Month, Cllr OS Ramabodu on a point of order mentioned that in his opinion MMC du Plooy cannot address Council due to allegations levelled against him relating to a Section 79

Committee meeting and further requested the Speaker’s ruling in this regard.

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In response the Speaker explained that she would deal with the matter later and ruled that MMC Du Plooy proceed with his address. Cllr AM Maluleka hereafter addressed Council on this matter and further requested a five minutes caucus which was granted by the Speaker.

After the caucus, the Chief Whip of Council gave feedback on the outcome of the caucus, whereafter the Speaker proceeded with the Council meeting.)

MMC A Kissoonduth S Nkwane P Kwenaite.

The Speaker hereafter thanked Councillors for their participation on the above matter.

5. NIGHT VIGIL AGAINST GENDER BASED VIOLENCE

The Speaker explained that the City of Tshwane would host a Night Vigil against Gender Based Violence on Thursday, 3 October 2019 at 19:00 at Tshwane House Council Chambers. This aims at offsetting immediate and long term measures to ensure the city responds to Gender Based Violence in a comprehensive manner. The Speaker further explained that in response to the increasing trend of women and children being targeted in this manner, the Executive Mayor, Cllr Stevens Mokgalapa invites Council in taking a stand to say no more can such injustice continue unabated. She added that it was important that Councillors lend their voices to this cause as leaders of society.

The Speaker furthermore explained that the candles that had been lit up in the chamber were a symbol of Council solidarity with victims and survivors of gender based violence and say to them that they were not alone, their voices had been heard, their pleas have not fallen on deaf ears and say to South Africa that no more would it be business as usual while women and children suffer at the hands of unscrupulous men.

The Speaker hereafter called upon the Executive Mayor and other leaders of different political parties to approach the podium to light the candles as a symbol of solidarity with victims and survivors of gender based violence.

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

• ORDINARY COUNCIL: 29 AUGUST 2019

RESOLVED: That the Minutes of the Ordinary Council meeting of 29 August 2019 be approved and confirmed.

• ORDINARY COUNCIL: 29 AUGUST 2019 (COUNCIL IN COMMITTEE)

The Speaker explained that in terms of Section 9(3) of the Rules and Orders, the Minutes relating to an item considered in Committee, must be approved by Council in Committee. The Speaker further explained that in compliance therefore with Section 9(3) of the Rules and Orders, the portion of the Minutes of the Council meeting containing the In-Committee deliberations and resolutions passed on Item 12, ‘Request Council to rescind resolution to appoint an Acting City Manager, was- (a) marked ‘Confidential: Not for Publication/Council in Committee’; (b) distributed (in Council marked ‘Confidential: Not for Publication/Council

in Committee’) only to all Alderwomen, Aldermen and Councillors, the Group Head: Secretariat of Council, Divisional Head: Council and Committees Secretariat Services, and the Director: Legal Services in the Office of the Speaker; and

(c) indicated as minutes of a Council meeting held in Committee on 25 July 2019 to be approved by Council in Committee on 26 September 2019.

The Speaker furthermore in terms of Section 9(3)(b) of the Rules and Orders, read with Section 42 thereof, ruled that the Council resolve itself into Committee and thereafter requested that such minutes be distributed in Council. The Speaker further ruled that all members of the public, the media, Traditional Leaders, Service Providers, Translators, Interpreters and officials except for the Group Head: Secretariat of Council, Divisional Head: Council and Committees Secretariat Services, Director: Legal Services (Office of the Speaker) and Secretariat Services must leave the Council Chamber and must only return once this item has been disposed of. When the Speaker tabled the minutes for consideration, the following Councillors participated in a debate: SJ Mabona (among others indicating that in their opinion these minutes were not a true reflection of what transpired at the meeting as the majority of Councillors did not vote for this item.) AM Maluleka (among others supporting Cllr Mabona) RT Mashego (among others supporting Cllr Mabona) Dr KL Maepa (among others supporting Cllr Mabona)

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The Speaker hereafter indicated that the comments by the above listed Councillors were noted and further, since there was opposition to the approval of these minutes, the Speaker subjected such to a vote which results were as follows: For the approval of the minutes: 91 Against the approval of the minutes: 0 Abstained: 19 Based on the above voting result, the minutes were approved by Council. Following an input by Cllr Dr Maepa on the matter, it was resolved as set out below: RESOLVED: That the minutes of the In Committee meeting of 29 August 2019 be approved and confirmed. (Remark: At the Council meeting of 26 September 2019, Cllr Dr KL Maepa on behalf of the ANC requested that their dissenting vote on the approval of these minutes be registered.)

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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,I(A), II and III. The Executive Mayor further indicated that he would be amending item 9” Report on the Benchmarking Exercise of the Salary Scales for the City of Tshwane Metropolitan Municipality” in terms of Section 13(5) of the Rules and Orders.

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F. REPORTS TO COUNCIL (a) Report of the Executive Mayor (i) Recommendations to Council

F1/5/2 Umar Banda (X8110) COUNCIL: 26 September 2019 1. GROUP FINANCIAL SERVICES DEPARTMENT

MUNICIPAL FINANCE MANAGEMENT ACT (MFMA) IN-YEAR FINANCIAL REPORT (MONTHLY BUDGET STATEMENT) FOR THE PERIOD ENDING 31 AUGUST 2019 (From the Special Executive Committee: 16 September 2019 and the Special Mayoral Committee: 16 September 2019)

The purpose of the report is to present the progress on the financial performance of the City of Tshwane against the budget for the period ended 31 August 2019, in compliance with Section 71 of the Municipal Finance Management Act, 2003 (Act 56 of 2003) (MFMA).

During consideration of this item by Council on 26 September 2019, and after Councillors NS Motsa, RT Mashego and MMC M Fourie addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the financial performance for the period of 31 August 2019 as contained in

Annexure A be noted. 2. That the report be noted, in compliance with section 71 of the Municipal Finance

Management Act (MFMA) as well as the municipal budget and reporting regulations.

3. That the report be submitted to the National and Provincial Treasury in both

signed-document and electronic format. 4. That the report be referred to the Municipal Public Accounts Committee (MPAC)

for further scrutiny.

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F-9/4/1 Umar Banda (8100/1) COUNCIL: 26 September 2019 2. GROUP FINANCIAL SERVICES DEPARTMENT

GRANTS AND SUBSIDIES PROGRESS REPORT FOR THE PERIOD ENDED 31 AUGUST 2019 (From the Special Executive Committee: 16 September 2019 and the Special Mayoral Committee: 16 September 2019)

The purpose of the report is to provide information on the financial progress, in respect of performance of the various Inter-governmental Transfers and Grants for the period ended 31 August 2019. During consideration of this item by Council on 26 September 2019, and after Councillors MO Mabogwana and RT Mashego addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the financial progress of the various grants and subsidies for the period

under review, as set out in section 7 of the report, be noted. 2. That the receipt of transfers and grants, as set out in Table 5.1.1 of the report,

be noted. 3. That Departments put measures in place to spent the grants. Departments that

do not spent the allocation in full, run the risk of the grant not being rolled over in the next financial year.

4. That the recipient Heads of Departments of all transfers and grants must ensure

that the spending be effected as planned, and meet the reporting conditions and requirements as set out in the Division of Revenue Act (DoRA).

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F8/3 Umar Banda (8100) COUNCIL: 26 September 2019 3. GROUP FINANCIAL SERVICES DEPARTMENT

A. FINANCIAL RESULTS FOR THE PERIOD ENDED 30 JUNE 2019 (PRE-AUDITED ANNUAL FINANCIAL STATEMENTS)

B. REASONS FOR UNAUTHORISED/OVERSPENDING ON THE OPERATING BUDGET FOR REFERRAL TO COUNCIL FOR CONDONEMENT

(From the Special Executive Committee: 16 September 2019 and the Special Mayoral Committee: 16 September 2019)

The purpose of the report is: (a) to inform the municipal council of any impending shortfalls, overspending and

overdrafts in terms of Section 70 of the Municipal Finance Management Act

(MFMA); and

(b) to provide reasons for deviations on budget and the referral of the report to

Council for condonement in terms of section 29 and 32 of the MFMA.

IT WAS RECOMMENDED (TO THE COUNCIL: 26 SEPTEMBER 2019): 1. That, the financial results regarding the operating and capital budgets as at 30

June 2019, in compliance to Section 71 of the Municipal Finance Management

Act (MFMA), be noted;

2. That, the operating expenditure as per table 4.2.1 be noted;

3. That the unauthorised expenditure on the 2018/19 financial year consisting of

mainly non-cash amount of R2 978 477 408 be certify as unrecoverable and

be approved by Council;

4. That the unauthorised expenditure of R183 640 607 be referred to Group Audit

and Risk Department for further investigation.

• Group Financial Service Department – R177 458 786; and

• Group Legal and Secretariat Services Department – R6 181 820; and

5. That the report be submitted to the Municipal Public Accounts Committee

(MPAC) for further investigation and recommendation to Council.

During consideration of this item by Council on 26 September 2019, Cllr MS Marishane seconded by Cllr MA Mantjane proposed the following amendment:

(Unaltered)

“Enhance recommendation 4 by timeline ‘by the meeting of October 2019’”

The Council acceded to Cllr Marishane’s proposal.

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Hereafter the following Councillors participated in the debate on the contents of the report: MO Mabogwana RT Mashego Following responses by the Executive Mayor on the inputs made during the debate, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That, the financial results regarding the operating and capital budgets as at 30

June 2019, in compliance to Section 71 of the Municipal Finance Management

Act (MFMA), be noted;

2. That, the operating expenditure as per table 4.2.1 be noted;

3. That the unauthorised expenditure on the 2018/19 financial year consisting of

mainly non-cash amount of R2 978 477 408 be certify as unrecoverable and

be approved by Council;

4. That the unauthorised expenditure of R183 640 607 be referred to Group Audit

and Risk Department for further investigation and report back at the meeting of

October 2019.

• Group Financial Service Department – R177 458 786; and

• Group Legal and Secretariat Services Department – R6 181 820; and


(MPAC) for further investigation and recommendation to Council.

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Reference No 33307/1 Msizi Myeza (3330) COUNCIL: 26 September 2019 4. OFFICE OF THE CITY MANAGER

REPORT ON SIGNING OF PERFORMANCE AGREEMENTS BY SECTION 54 (A) AND SECTION 56 EMPLOYEES FOR FY 2019/20 (From the Special Executive Committee: 16 September 2019 and the Special Mayoral Committee: 16 September 2019)

The purpose of the report is to appraise on the signing of performance agreements by the Section 54(a) and Section 56 employees for financial year 2019/20 in line with the Municipal Systems Act and Performance Regulations.

During consideration of this item by Council on 26 September 2019, and after Councillors PN Manaka, NP Tyobeka-Makeke, TE Mabusela and the Executive Mayor addressed Council on this matter, it was 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 signed Performance Agreements of Section

54(a) and Section 56 employees. 2. That the Performance Agreements be submitted to National Minister of Local

Government and Provincial MEC responsible for Local Government.

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Reference No 83630/1 Verusha Morgan (7305) COUNCIL: 26 September 2019 5. GROUP PROPERTY DEPARTMENT

FURTHER REPORT: PROPOSED LEASE OF THE REMAINDER OF PORTION 89 (PROPOSED NELLMAPIUS EXTENSION 27) AND THE REMAINDER OF PORTION 3 OF THE FARM THE WILLOWS 340-JR FOR THE DEVELOPMENT OF SILVERTON INDUSTRIAL AND RETAIL PARK (From the Special Executive Committee: 16 September 2019 and the Special Mayoral Committee: 16 September 2019) The purpose of the report is to give feedback on the public participation conducted on the lease of the Remainder of Portion 89 and the Remainder of Portion 3 of the far The Willows 340-JR; To request permission to proceed with the lease of the above mentioned properties in terms of Regulation 34 and 36 of the Municipal Asset Transfer Regulations; To request that the Accounting Officer be granted approval to enter into a Master Tripartite Agreement between the City of Tshwane (CoT); the Department of Trade and Industry (the dti) and the Gauteng Department of Economic Development (GDED) for the implementation of the Special Economic Zone(SEZ); To request permission to appoint TEDA to act on behalf of and protect the interest of the CoT in the process of development of the properties and also act as a managing and implementation agent for the SEZ; and To request Council to condone the issuing of the Power of Attorney to Tshwane Economic Development Agency to submission of application for the Township establishment.

During consideration of this item by Council on 26 September 2019, and after Cllr WT Ntlatleng and MMC IJ Pietersen addressed Council on this matter, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That Council takes note of the result of the public participation process and grant

approval for the lease of the properties as there were no objections from members of the public.

2. That the Remainder of Portion 89 (the proposed Nellmapius extension 7) and the

Remainder of Portion 3 of the farm The Willows 340-JR be leased out for the development of the Special Economic Zone for a maximum period of 60 years in terms of Regulation 34 and 36 of the Municipal Asset Transfer Regulations.

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3. That the Accounting Officer be granted authority to appoint the Tshwane Economic Development Agency as the lease contract and facility managing agent of the Special Economic Zone (SEZ) on behalf of the City of Tshwane.

4. That the Accounting Officer will enter into a service level agreement with the

Tshwane Economic Development to ensure that the lease agreements to be signed complies with the Municipal Asset Transfer Regulations and the City of Tshwane approved Land Management Policy.

5. That the Accounting Officer be granted authority to issue a power of attorney to

Tshwane Economic Development Agency to enter into necessary agreements with the Department for Trade and Industry and the Gauteng Department of Economic Development for the management of the Special Economic Zone (SEZ).

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SCM TENDER DEVIATION REPORT FOR THE MONTH OF AUGUST 2019 OF 2019/20 FINANCIAL YEAR Umar Banda (8110) COUNCIL: 26 September 2019 6. GROUP FINANCIAL SERVICES DEPARTMENT

(SUPPLY CHAIN MANAGEMENT) DEVIATIONS TENDERS APPROVED FOR THE MONTH OF AUGUST 2019 OF 2019/20 FINANCIAL YEAR IN TERMS OF SUPPLY CHAIN MANAGEMENT REGULATION 36 OF MUNICIPAL FINANCE MANAGEMENT ACT (MFMA) (From the Special Executive Committee: 16 September 2019 and the Special Mayoral Committee: 16 September 2019)

The purpose of the report is to provide information of the deviations from procurement processes approved for the month of August 2019 of 2019/20 financial year. IT WAS RECOMMENDED (TO THE COUNCIL: 26 SEPTEMBER 2019): 1. That in terms of Regulation 36 (2) of the Supply Chain Management

Regulations, promulgated in terms of Local Government Municipal Finance Act, Act 56 of 2003 and the approved Supply Chain Management Policy Section 35 cognisance be taken of the deviations from the official procurement process of tenders; and

2. That the Chief Financial Officer includes the information regarding deviations as a note to the financial statements.

During consideration of this item by Council on 26 September 2019, Cllr T Tuwani seconded by Cllr NP Mnguni proposed the following additional recommendation:

(Unaltered)

“3. That the report be forwarded to MPAC for further scrutiny” The Council acceded to Cllr Tuwani’s proposal. Following inputs by Cllr RT Mashego and the Executive Mayor on the contents of the report, it was resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That in terms of Regulation 36 (2) of the Supply Chain Management

Regulations, promulgated in terms of Local Government Municipal Finance Act, Act 56 of 2003 and the approved Supply Chain Management Policy Section 35 cognisance be taken of the deviations from the official procurement process of tenders.

2. That the Chief Financial Officer includes the information regarding deviations as a note to the financial statements.

3. That the report be forwarded to MPAC for further scrutiny.

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Reference No 95590/2 Umar Banda (8110) COUNCIL: 26 September 2019

7. GROUP FINANCIAL SERVICES DEPARTMENT

COST CONTAINMENT POLICY (From the Special Executive Committee: 16 September 2019, the Special Mayoral Committee: 16 September 2019, the Executive Committee: 23 September 2019 and the Special Mayoral Committee: 23 September 2019)

The purpose of the report is to obtain approval of the Cost Containment Policy with effect from 1 October 2019. The purpose of the cost containment policy is to regulate spending and empower the respective heads of department to manage their operational budgets within the stipulation of the MFMA and cost containment regulations thereby creating an environment of accountability of how municipal resources are utilised. During consideration of this item by Council on 26 September 2019, and after Councillors MA Maluleka, T Tuwani and the Executive Mayor addressed Council on this matter, it was resolved as set out below:

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the Cost Containment Policy be approved. 2. That Municipal Finance Management Act (MFMA) Circular No 97 - Cost

Containment Measures – 31 July 2019 be adopted for implementation with the policy.

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Stephens Notoane (7737) COUNCIL: 26 September 2019 8. UTILITY SERVICES DEPARTMENT

(WATER AND SANITATION) TEMBA WATER QUALITY CHALLENGES: ROOIWAL WASTE WATER TREATMENT PLANT (WWTP) AND TEMBA WATER PURIFICATION PLANT (WPP) (From the Special Mayoral Committee: 23 September 2019)

The purpose of the report is to provide feedback to the Mayoral Committee and subsequently Council on challenges and interventions at Rooiwal Waste Water Treatment Plant (WWTP) and Temba Water Treatment Plant (WTP) as requested by the Utilities Section 79 Oversight Committee. The report further provides feedback on the site visit of the Parliamentary Oversight Committee for Human Settlement, Water and Sanitation; the presentation done by the City in Parliament as well as the site visit by the National Council of Provinces (NCOP). During consideration of this item by Council on 26 September 2019, Cllr NS Motsa participated in a debate. Subsequently Cllr SJ Mabona on behalf of the ANC requested 10 minutes caucus which was granted by the Speaker. After the caucus break Cllr Dr KL Maepa on behalf of the ANC addressed Council on this report and the water situation in Hammanskraal. At this stage the EFF caucus vacated the Council Chamber while Cllr Dr Maepa was addressing Council and sung at the entrance of the Council Chamber. They thereafter returned to the Chamber after the address by Cllr Dr Maepa. Cllr Dr Maepa on a point of information, enquired from the Speaker if it was allowed for a political party in Council during discussion of an item on the agenda to stand up and sing. Cllr AM Maluleka hereafter requested that the conduct by the EFF caucus be referred to the Rules and Ethics Committee. Hereafter Cllr MO Mabogwana in response to Cllr Maluleka and on behalf of the EFF reminded Council about what transpired during the caucus break (i.e the ANC caucus distributing bottled water in the Council Chamber) which was in their opinion a ritual by the ANC. He further indicated that they did not want to be part of such activities and thereafter requested that such conduct be referred to the Rules and Ethics Committee.

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Following an address by Cllr JJ Coetzee on this matter, Cllr JT Makgatho requested that Cllr Mabogwana be referred to the Rules and Ethics Committee for calling the ANC caucus ‘ritualist’. The Speaker indicated that this would be done. Following inputs by Councillors FM Thema and OS Ramabodu on the content of the report, MMC AM Tau closed the debate and it was thereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That cognisance be taken of the report. 2. That the City of Tshwane must prioritise funding for operation and

maintenance of Rooiwal Waste Water Treatment Plant, Temba Water Plant and other plants.

3. That the City of Tshwane collaborates with other organs of state like the

National Department of Water and Sanitation (DWS), ERWAT, Magalies Water, Council for Scientific and Industrial Research (CSIR) and other organs of state and similar institutions on operation and maintenance of water and waste water treatment plants.

4. That the City of Tshwane investigates the reprioritisation of the Urban

Settlement Development Grant (USDG), in consultation with all relevant stakeholders.

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Moeketsi Ntsimane (0947) COUNCIL: 26 September 2019

9. OFFICE OF THE CITY MANAGER

REPORT ON THE BENCHMARKING EXERCISE OF THE SALARY SCALES FOR THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY (From the Executive Committee: 23 September 2019 and the Special Mayoral Committee: 23 September 2019)

The purpose of the report is to present a proposal to Council for a new salary scale for the City of Tshwane Metropolitan Municipality. IT WAS RECOMMENDED (TO THE COUNCIL: 26 SEPTEMBER 2019): 1. That cognizance be taken of the report;

2. That the preferred option 4b be noted subject to a further detailed report being

submitted to the Mayoral Committee in October 2019 covering:

(a) implications of migration from PATTERSON to TASK; (b) the timelines for the migration; (c) the detailed cost implications of the proposed option; and (d) the implementation timelines of the new salary scales.

3. That the extension of the suspension of the salary adjustment of non-section

56 Senior Managers be approved until the finalization of the salary scale

benchmarking process;

4. That it be noted that the proposed new salary scales would affect the salaries

of non- section 56 Senior Managers; and 5. That the final report be submitted to Council in November 2019. During consideration of this item by Council on 26 September 2019, Cllr JM Sindane participated in the debate. Subsequently the Executive Mayor addressed Council on this matter and further in terms of Section 13(5) of the Rules and Orders proposed the following amendments:

(Unaltered)

• “That the title of the report ‘Proposed new salary scales for the City of

Tshwane Metropolitan Municipality’ be changed to read ‘Report on the

Benchmarking exercise of the salary scales for the City of Tshwane

Metropolitan Municipality’

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• amendment to recommendation 2 to read as follows ‘that the preferred

option 4(b) be noted (including non-section 56 Group Heads and

Divisional Heads) subject to a further detailed report being submitted

to the Mayoral Committee in October 2019 covering:


• That recommendation 3 be removed.”

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 cognizance be taken of the report;

2. That the preferred option 4b be noted (including non-section 56 Group Heads

and Divisional Heads) subject to a further detailed report being submitted to

the Mayoral Committee in October 2019 covering:


3. That it be noted that the proposed new salary scales would affect the salaries of non- section 56 Senior Managers; and

4. That the final report be submitted to Council in November 2019. (Remark: Please note that the heading of the report for purposes of these minutes have been amended in line with the proposal by the Executive Mayor in terms of Section 13(5) of the Rules and Orders.)

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Lorette Tredoux (5962) COUNCIL: 26 September 2019 10. OFFICE OF THE CITY MANAGER

UPDATE OF THE EVENTS THAT TOOK PLACE DURING THE EMPLOYEES’ UNPROTECTED STRIKE (29 JULY 2019 TO 2 AUGUST 2019) (From the Mayoral Committee: 7 August 2019, the Special Executive Committee: 14 August 2019 and the Special Mayoral Committees: 19 August and 26 August 2019 and Council 29 August 2019)

The purpose of the report is to:

• Update Council of the events that took place during the employees unprotected

strike (29 July 2019 to 2 August 2019); and

• Detailed interventions and associated costs determined to date to restore service

delivery and losses incurred.

During consideration of this item by Council on 26 September 2019, Cllr AM Maluleka addressed Council on this matter. During his address among others stated that there were allegations that the Speaker’s sister was appointed as Director in the Water and Sanitation Division, the appointment in his opinion was irregular. He further mentioned that the Acting City Manager was also aware of such appointment. In response the Speaker requested that for transparency purposes such allegations levelled during this deliberation against herself / her sister be referred to the Rules and Ethics Committee for investigation. Hereafter Cllr RT Mashego mentioned that in his opinion this matter is not a matter to be considered by the Rules and Ethics Committee. Following various inputs on this matter, the Speaker indicated that she was recusing herself from the podium as the matter under discussion was directly effecting her. She thereafter requested Cllr ZC Khumalo (the Acting Speaker) to act as the Speaker for purposes of this item. After the Speaker recused herself and Cllr Khumalo took the Chair as Acting Speaker various points of order/information were raised, among others, the Chief Whip of Council on point of order referred to Section 35 of the Rules and Orders and requested that deliberations must be relevant to the matter on the agenda. Following further deliberation, among others, points of information / order raised by Councillors, the Executive Mayor closed the debate whereafter Council resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting)

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RESOLVED:

1. That cognisance be taken of the content of the interim report and financial impacts associated with it.

2. That a Strike by-law be developed for the City. 3. That each department develop a business continuity plan focused on industrial

action. 4. That an additional (18th) Emergency Support Function (ESF) with clear terms

of reference be established to specifically deal with industrial action in the City. 5. That the City’s management submit an action plan on steps to be taken to

restore discipline and the ethical attitude of employees. 6. That where legal frameworks and/or precedents exist in respect of the

vandalism of City infrastructure, they be implemented concurrently with the development of the policy to effect consequence management.

7. That the Disaster Management Plan be reviewed in view of the outcome of the

strike.

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Lorette Tredoux (5962) COUNCIL: 26 September 2019 11. OFFICE OF THE CITY MANAGER

REPORT ON THE IMPLEMENTATION OF THE SETTLEMENT AGREEMENT REACHED IN THE SOUTH AFRICAN LOCAL GOVERNMENT BARGAINING COUNCIL ON 1 AUGUST 2019 (From the Mayoral Committee: 7 August 2019, the Special Executive Committee: 14 August 2019 and the Special Mayoral Committees: 19 August and 26 August 2019 and Council 29 August 2019)

The purpose of the report is to provide a report on the implementation of the settlement agreement reached in the South African Local Government Bargaining Council on 1 August 2019. After the Speaker had recused herself from the Council meeting of 26 September 2019, in particular for purposes of the discussion of item 10, just prior to this item, the Speaker has returned to the Council meeting for purposes of consideration of this item (item 11) whereupon the Speaker put this item to Council for consideration. Council hereafter resolved as set out below: (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the report on the implementation of the settlement agreement reached in

the South African Local Government Bargaining Council on 1 August 2019 and approves the implementation process be noted.

2. That it be noted that the payment of the ex gratia payment constitutes an

unauthorised expenditure as contemplated in the Local Government: Municipal Finance Management Act, 2003 and that the unauthorised expenditure be authorised in the main adjustment budget.

3. That follow-up reports be submitted to the Mayoral Committee on the following:

a. A progress report in terms of the SALGBC Conciliation Settlement Agreement of 1 August 2019 regarding the benchmarking process of the payment scales of Non-Section 56 Group Heads and Divisional Heads and below; and

b. The implementation of the SALGBC Conciliation Settlement Agreement of 1 August 2019 for the positions of Non-Section 56 Group Heads and Divisional Heads going forward.


(MPAC) for further scrutiny.

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(a)(ii) RESOLUTIONS BY THE MAYORAL COMMITTEE (ANNEXURE A) There were none.

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

During the Council meeting of 29 August 2019, the Acting Chair of Chairs, Cllr JJ Coetzee submitted to Council the following reports from Section 79 Oversight and Standing Committees: Corporate and Shared Services of 5 September 2019, Integrated Development Planning of 17 September 2019, Local Geographical Names of 6 September 2019, Community Safety of 17 September 2019, Petitions of 22 August 2019, Public Accounts of 6 September 2019 and Civilian Oversight of 17 September 2019, for consideration. The Chair of Chairs further in terms of Section 13(5) of the Rules and Orders withdrew item 14 “Petition submitted by residents: Request to Roads and Transport Department by residents of Booysens to direct big trucks using Wilhelm Street and Boekenhoutkloof Street to Van Der Hoff Road in Ward 55, Region 3, Cllr FW Van Wyk” from the agenda. A. FROM THE SECTION 79 OVERSIGHT COMMITTEE:

CORPORATE AND SHARED SERVICES: 5 SEPTEMBER 2019 1. Office of the Speaker

Annual report of the Section 79 Oversight Committee: Corporate and Shared Services for 2018/2019 financial year (From the Section 79 Oversight Committee: Corporate and Shared Services: 5 September 2019) ………… 43-44

B. FROM THE SECTION 79 OVERSIGHT COMMITTEE:

INTEGRATED DEVELOPMENT PLANNING: 17 SEPTEMBER 2019 2. Office of the Speaker

Annual Performance Report of the Integrated Development Planning (IDP) Committee for 2018/19 Financial Year (From the Section 79 Oversight Committee: Integrated Development Planning: 17 September 2019) …… 45


Tourism strategy for Tshwane: Report to the Integrated Development Planning Section 79 Oversight Committee (From the Section 79 Oversight Committee: Integrated Development Planning: 17 September 2019) ……… 46

C. FROM THE SECTION 79 STANDING COMMITTEE:

LOCAL GEOGRAPHICAL NAMES: 6 SEPTEMBER 2019 4. Economic Development and Spatial Planning Department

(City Planning and Development Division) Naming projects outstanding for longer than three months where names have to be selected from the Geographical Names Bank (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019) ……………………………………… 47-49

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5. Economic Development and Spatial Planning Department (City Planning and Development Division) Progress report on projects for naming geographical features (September 2016 to June 2019) (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019)……………………………………………… 50

6. Economic Development and Spatial Planning Department

(City Planning and Development Division) Approval of names to populate the Geographical Names Bank: South African phrases (Phase 37) (Isindebele) (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019)……………………………….…………… 51

7. Economic Development and Spatial Planning Department (City Planning and Development Division) Approval of names to populate the Geographical Names Bank: South African phrases (Phase 39) (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019)………………………………………………. 52

8. Office of the Speaker Section 79 Standing Committee: Local Geographical Names Annual Report for 2018/19 financial year (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019)……………………………………………… 53

9. Economic Development and Spatial Planning Department (City Planning and Development Division) Approval of names to populate the Geographical Names Bank: South African phrases (Phase 40) (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019)……………………………………………….. 54


(City Planning and Development Division) Approval of names to populate the Geographical Names Bank: Natural sciences and technology term list (Phase 4) (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019)………………………………………………. 55

11. Economic Development and Spatial Planning Department (City Planning and Development Division) Approval to name a multipurpose centre situated on Erf 2652 in Stinkwater Extension 1, Ward 13 (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019)……………………………………………… 56


(City Planning and Development Division) Approval of proposed street names for Winterveld in Ward 19 (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019)…………………………………………….. 57

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D. FROM THE SECTION 79 OVERSIGHT COMMITTEE: COMMUNITY

SAFETY: 17 SEPTEMBER 2019

13. Office of the Speaker Annual report of the Section 79 Oversight Committee: Community Safety (July 2018 – June 2019) (From the Section 79 Oversight Committee: Community Safety: 7 September 2019)………………………………………………. 58

E. FROM THE MEETING OF SECTION 79

STANDING COMMITTEE: PETITIONS: 22 AUGUST 2019

14. Office of the Speaker Petition submitted by residents: Request to Roads and Transport Department by residents of Booysens to direct big trucks using Wilhelm Street and Boekenhoutkloof Street to Van Der Hoff Road in Ward 55, Region 3, Cllr FW Van Wyk (From the Section 79 Standing Committee: Petitions: 22 August 2019) ………………………………………………………….. 59

F. FROM THE SECTION 79 STANDING COMMITTEE:

PUBLIC ACCOUNTS: 6 SEPTEMBER 2019

15. Office of the Speaker Oversight report on Group Financial Services Department financial results (parent) for the period ended 30 June 2018 and reasons for unauthorised / overspending on the operating budget (From the Section 79 Standing Committee: Public Accounts: 6 September 2019) ……………………………………………………… 60

16. Office of the Speaker Oversight report on Group Financial Services Department (Supply Chain Management) deviations on tenders approved for the third quarter of 2018/19 financial year in terms of regulation 36 of the Municipal Finance Management Act (MFMA) (From the Section 79 Standing Committee: Public Accounts: 6 September 2019) …………………………………………………….… 61

17. Office of the Speaker

Oversight report on the Supply Chain Management performance report for the third quarter of 2018/19 financial year (From the Section 79 Standing Committee: Public Accounts: 6 September 2019) ……………………………………………………… 62


Oversight report on the Group Financial Services Department (Supply Chain Management): Irregular expenditure for the third quarter of 2018/19 financial year (From the Section 79 Standing Committee: Public Accounts: 6 September 2019) ……………………………………………………..…. 63 .

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Oversight report on Group Financial Services Department (Supply Chain Management) deviations on tenders approved for the month of January 2018/19 financial year in terms of regulation 36 of the Municipal Finance Management Act (MFMA) (From the Section 79 Standing Committee: Public Accounts: 6 September 2019) ………………………………………………………. 64

20. Group Financial Services Department

(Treasury Office) Creditors age Analysis as at 31st May 2019 for the City (From the Section 79 Standing Committee: Public Accounts: 6 September 2019) …………………………………………………………. 65

21. Quarterly progress report on the revenue collection through landfill sites to MPAC Committee resuming from the month of August 2018 and every 3 month thereafter (From the Section 79 Standing Committee: Public Accounts: 6 September 2019) ………………………………………………………….. 66


Oversight report on Group Financial Services Department (Financial reporting and assets): Report on the implementation of the Asset Management Policy (AMP) for quarter 2 of the 2018/19 financial year (From the Section 79 Standing Committee: Public Accounts: 6 September 2019) …………………………………………………………. 67

G. FROM THE SECTION 79 STANDING COMMITTEE:

CIVILIAN OVERSIGHT: 17 SEPTEMBER 2019

23. Office of the Speaker Section 79 Standing Committee: Civilian Oversight annual report report for 2018/19 financial year (From the Section 79 Standing Committee: Civilian Oversight: 17 September 2019) ........................................... 68

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JRK THEMA (012 358 1723) COUNCIL: 26 September 2019 1. OFFICE OF THE SPEAKER

ANNUAL REPORT OF THE SECTION 79 OVERSIGHT COMMITTEE: CORPORATE AND SHARED SERVICES FOR 2018/2019 FINANCIAL YEAR. (From the Section 79 Oversight Committee: Corporate and Shared Services: 5 September 2019)

The purpose of this report is to outline the activities and findings of the Section 79 Oversight Committee: Corporate and Shared Services, against the annual performance of the Department for the 2018/2019 financial year. The Committee’s findings are based on the inspections and oversight meetings conducted in line with its process plan and terms of reference which stipulates clearly the roles that must be played by Oversight Committees. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the Human Capital Management Department fill vacant positions in terms

of their priority, including the Fleet Management vacancies, before the end of

the 2019/2020 financial year.

2. That Human Capital Management Department submit a report on the

outstanding disciplinary matters referred to South African Local Government

Bargaining Council including those that that the City challenged at the Labour

Courts on the October 2019 Oversight meeting.

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3. That Human Capital Management submit a report in October 2018 stating the

delays in the finalization and signing of the performance agreements for Top

Management in 3 Months of the appointments and within 30 days from the

beginning of the FY.

4. That Shared Services Department submit a report in October 2019 on the reasons

why mSCOA is not prioritized and an implementation plan and budget to comply

with mSCOA requirements.

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JRK THEMA (012 358 1723) COUNCIL: 26 September 2019 2. OFFICE OF THE SPEAKER

ANNUAL PERFORMANCE REPORT OF THE INTEGRATED DEVELOPMENT PLANNING (IDP) COMMITTEE FOR 2018/19 FINANCIAL YEAR (From the Section 79 Oversight Committee: Integrated Development Planning: 17 September 2019)

The purpose of this report is to outline the annual performance of the Section 79 Oversight Committee: Integrated Development Planning in the 2018/19 Financial Year (FY) and analyze the implementation of the commitments made during the 11 April 2019 State of the City (SOCA) by the Executive Mayor. The report will further identify areas where there is a need for improvement in order to strengthen oversight and accountability. (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 the Office of the Executive Mayor and City Manager report to the IDP

Committee meeting of October 2019, on progress relating to restructuring

process of SCM Unit.

3. That the Office of City Manager report to the Committee meeting of October

2019, on compliance to Occupational Health and Safety (OHS) in all projects

implemented by the City in 2018/19.

4. That the 2018/19 IDP Committee Annual Report and 2019/20 Process Plan be

adopted as amended.

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Reference No 82808/2 Taubie Motlhabane (3508) COUNCIL: 26 September 2019 3. OFFICE OF THE CITY MANAGER

TOURISM STRATEGY FOR TSHWANE: REPORT TO THE INTEGRATED DEVELOPMENT PLANNING SECTION 79 OVERSIGHT COMMITTEE (From the Section 79 Oversight Committee: Integrated Development Planning: 17 September 2019) The purpose of this report is to update and appraise the IDP Section 79 Oversight Committee of the development regarding the Tshwane Tourism Strategy, as well as current and future developments planned for tourism in the city. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That cognizance be taken of the report. 2. That the Group Head: Communications, Marketing and Events in collaboration

with all the departments in the City of Tshwane plans all tourism activities before the IDP process commence.

3. That prior to the commencement of the IDP public participation process, a

summit be held inclusive of all tourism stakeholders to ascertain their needs and wants in order to grow these Sector in the Tshwane Municipal Area.

4. That the City Manager establish a Tshwane Interdepartmental Forum to

facilitate co-operation between departments and to address constraints in the implementation of Tshwane Tourism Strategy.

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Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 26 SEPTEMBER 2019

4. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT

(CITY PLANNING AND DEVELOPMENT DIVISION) NAMING PROJECTS OUTSTANDING FOR LONGER THAN THREE MONTHS WHERE NAMES HAVE TO BE SELECTED FROM THE GEOGRAPHICAL NAMES BANK

(From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019)

The purpose of this report seeks to provide information to the Local Geographical Names Committee on naming projects outstanding for longer than three months where names have to be selected from the Geographical Names Bank by the relevant ward councillor. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That cognisance be taken that the Section 79 Standing Committee: Local

Geographical Names had granted Councillor SF Dlamini, Ward Councillor of Ward 12, extended time until Monday, 9 September 2019 to again visit the offices of Economic Development and Spatial Planning Department in order to select the names with regard to the project Mabopane A, Ward 12, and that this project be removed from the list of projects in respect of Ward Councillors who did not select and sign off projects within the prescribed time frame, as prescribed in terms of the Local Geographical Names Policy.

2. That cognisance be taken that the Ward Councillors concerned did not

complete the following projects within the time frame of 30 days as allowed in terms of Section 10.5.3(4) of the Local Geographical Names Policy: a. Winterveld, Ward 12 (Annexure B5) b. Soshanguve L, Ward 35 (Annexure C4) c. Soshanguve East Extension 14, Ward 90 (Annexure D3) d. Soshanguve South Extension 6 (Subdivision Erf 260707), Ward 90

(Annexure E3) e. Kirkney Extension 59, Ward 55 (Annexure F3) f. Mamelodi, Ward 28 (Annexure G3) g. Samcor Park Extension 5 to 8, Ward 86 (Annexure I4)

3. That cognisance be taken that the Section 79: Standing Committee: Local Geographical Names, during its meeting held on 6 September 2019, selected names for the following projects on behalf of the Ward Councillors who did not complete these projects within the time frame of 30 days as allowed in terms of Section 10.5.3(4) of the Local Geographical Names Policy:

3.1 Names selected for Winterveld, Ward 12 (Annexure B5):

34. Bamba 36. Betla

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37. Bhalisa 38. Boitekelo 39. Dinku 40. Fanela 42. Lemao 43. Lemati 44. Lungelo 45. Nhlamuselo 46. Pepeneneng 47. Sekgwage 48. Shumayela 49. Theoga

3.2 Names selected for Soshanguve L, Ward 35 (Annexure C4)

1. Phakela

3.3 Names selected for Soshanguve East Extension 14, Ward 90 (Annexure D3)

1. Batheeletši 2. Caption 4. Igatja 5. Isakhelo 6. Ketelo 7. Kgololo 8. Leloba 9. Letlatlana 10. Matseno 12. Nika 13. Segalo 14. Serepodi 15. Shintsha 16. Suta

3.4 Names selected for Soshanguve South Extension 6 (sub Erf 260707), Ward

90 (Annexure E3)

1. Ndlamu 3.5 Names selected for Kirkney Extension 59, Ward 55 (Annexure F3)

3. Viola 3.6 Names selected for Mamelodi, Ward 28 (Annexure G3)

1. Bohlabela 3.7 Names selected for Samcor Park Extension 5 to 8, Ward 86 (Annexure I4)

1. Amakhosi 2. Arch 3. Aspiration 4. Botaki

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5. East wind 6. Intonga 7. Isiqhema 9. Mabasa 10 Makhura 11. Mantswe 12. Mavu 13. Mphiri 14. Msizi 15. Nyamalala 16. Rotshidzwa

4. That cognisance be taken that the Chairperson of the Section 79: Standing Committee Local Geographical Names signed off the names selected by the Section 79 Standing Committee: Local Geographical Names during its meeting held on 6 September 2019, in accordance with Section 10.5.3 (4) of the Local Geographical Names Policy.

5. That the Group Head: Economic Development and Spatial Planning proceed

with the allocation of the names on maps and that the allocation maps be signed off by the Chairperson of the Section 79: Standing Committee Local Geographical Names.

6. That the Group Head: Roads and Transport make provision in their 2019/20 Capex under “Traffic Calming and Pedestrian Safety Project” for the placement of the street name boards.

7. That the Chief Whip of Council bring the non-compliance by Ward Councillors

with regard to the completion of the following projects within the time frame of 30 days, as allowed in terms of Section 10.5.3 (4) of the Local Geographical Names Policy, under the attention of the Multi Party Whippery: a. Winterveld, Ward 12 (Annexure B5) b. Soshanguve L, Ward 35 (Annexure C4) c. Soshanguve East Extension 14, Ward 90 (Annexure D3) d. Soshanguve South Extension 6 (Subdivision Erf 260707), Ward 90

(Annexure E3) e. Kirkney Extension 59, Ward 55 (Annexure F3) f. Mamelodi, Ward 28 (Annexure G3) g. Samcor Park Extension 5 to 8, Ward 86 (Annexure I4).

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Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 26 SEPTEMBER 2019 5. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT

(CITY PLANNING AND DEVELOPMENT DIVISION) PROGRESS REPORT ON PROJECTS FOR NAMING GEOGRAPHICAL FEATURES (SEPTEMBER 2016 TO JUNE 2019) (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019) The purpose of this report seeks to inform the Local Geographical Names Committee about the progress made from September 2016 to June 2019 on projects for naming geographical features. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: 1. That Council note the progress made with naming projects as indicated in

Annexures A and B.

2. That the ward councillors responsible for naming projects adhere to the

Council resolution dated 26 January 2017 by completing at least one project

per month in their respective wards through the relevant public participation

process or by selecting names from the Geographical Names Bank.

1. That the Office of the Speaker adhere to the Council resolution of 26 January

2017 by ensuring that the relevant public participation meetings as mentioned

in Paragraph 5.2 of this report are arranged and take place.

4. That the Office of the Speaker adhere to the Council resolution of 26 January

2017 by ensuring that the Office of the Chairperson, the relevant officials of the Economic Development and Spatial Planning Department (Land-Use Legislation and Applications Section: Toponymy) and the relevant councillors receive the minutes of such meetings, as well as related documents.

51


(CITY PLANNING AND DEVELOPMENT DIVISION) APPROVAL OF NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: SOUTH AFRICAN PHRASES (PHASE 37) (ISINDEBELE) (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019) The purpose of this report is to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: That the proposed names, as indicated in Annexure A, be approved for inclusion in the Geographical Names Bank.

52


(CITY PLANNING AND DEVELOPMENT DIVISION) APPROVAL OF NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: SOUTH AFRICAN PHRASES (PHASE 39) (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019) The purpose of this report seeks to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank.

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

RESOLVED: That the proposed names, as indicated in Annexure A, be approved for inclusion in the Geographical Names Bank.

53

JRK THEMA (012 358 1723) COUNCIL: 26 SEPTEMBER 2019

8. OFFICE OF THE SPEAKER

SECTION 79 STANDING COMMITTEE: LOCAL GEOGRAPHICAL NAMES ANNUAL REPORT FOR 2018/19 FINANCIAL YEAR (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019) The purpose of the report provides an account of the annual performance of the Section 79 Standing Committee: Local Geographical Names for 2018/19 financial year (FY). (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the Section 79 Standing Committee: Local Geographical Names annual

report for 2018/2019 financial year be approved.

2. That the Office of the Speaker allocate funds on the budget for the

implementation of the planned civic awareness session on 29 November 2019.

3. That in the instances where it is indicated “ongoing” in respect of the timeframe

on the Action Plan for the Section 79 Standing Committee: Local Geographical

Names, 2018/2019 financial year (resolution tracking) (paragraph 4.3 of the

report), these ongoing processes should be followed up by the Office of the

Speaker in order for the Committee to get an update whether the work has been

done.

54


(CITY PLANNING AND DEVELOPMENT DIVISION) APPROVAL OF NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: SOUTH AFRICAN PHRASES (PHASE 40) (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019)

The purpose of the report seeks to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That the proposed names, as indicated in Annexure A, be approved for inclusion in the Geographical Names Bank.

55


(CITY PLANNING AND DEVELOPMENT DIVISION) APPROVAL OF NAMES TO POPULATE THE GEOGRAPHICAL NAMES BANK: NATURAL SCIENCES AND TECHNOLOGY TERM LIST (PHASE 4) (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019)

The purpose of the report seeks to obtain approval for the proposed names to populate the City of Tshwane’s Geographical Names Bank.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That the proposed names, as indicated in Annexure A, be approved for inclusion in the Geographical Names Bank.

56

CPD 8/2/2/14 Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 26 SEPTEMBER 2019 11. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT

(CITY PLANNING AND DEVELOPMENT DIVISION) APPROVAL TO NAME A MULTIPURPOSE CENTRE SITUATED ON ERF 2652 IN STINKWATER EXTENSION 1, WARD 13 (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019) The purpose of this report seeks to obtain approval to name a Multipurpose Centre situated on Erf 2652, Stinkwater Extension 1. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the Council approves the deviation from the Local Geographical Names

Policy in terms of the citywide marketing and communication that was not done.

2. That the Multipurpose Centre situated on Erf 2652 in Stinkwater Extension 1

be named Reefentse Multipurpose Centre 3.

57

Makgorometje Makgata/Marike Brown (012 358 4571) COUNCIL: 26 SEPTEMBER 2019

12. ECONOMIC DEVELOPMENT AND SPATIAL PLANNING DEPARTMENT

(CITY PLANNING AND DEVELOPMENT DIVISION) APPROVAL OF PROPOSED STREET NAMES FOR WINTERVELD IN WARD 19 (From the Section 79 Standing Committee: Local Geographical Names: 6 September 2019)

The purpose is report seeks to obtain approval of street names for Winterveld in Ward 19. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the proposed names, as indicated in Annexure F, be approved for

Winterveld Ward 19.

2. That the shortage of names be selected from the Geographical Names Bank.

58

JRK THEMA (012 358 1723)

COUNCIL: 26 September 2019

13. OFFICE OF THE SPEAKER

ANNUAL REPORT OF THE SECTION 79 OVERSIGHT COMMITTEE:

COMMUNITY SAFETY (JULY 2018 – JUNE 2019) (From the Section 79 Oversight Committee: Community Safety: 17 September 2019)

The purpose of this report is to outline the oversight activities and findings of the Section 79 Oversight Committee: Community Safety for the period July 2018 – June 2019, as per its mandate of performing oversight on the performance of Community Safety Department.

The Committee findings are in relation to its terms of reference, mainly informed by oversight meetings which scrutinised the management of projects, facilities and the budget of the department for the year 2018/19 FY.

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the annual report for the Section 79 Oversight Committee: Community

Safety, and the process plan, be approved. 2. That the Chief of Police submit a comprehensive quarterly report on OHS

issues identified and plans to address them effective from September 2019. 3. That the Office of the Speaker allocate resources for the School Safety

Symposium, on an annual basis. 4. That the Group Head: Office of the Speaker submit a progress report to the

next meeting of the Section 79 Oversight Committee: Community Safety of all Inspections-in-Loco conducted to premises of the TMPD and EMS from the 1st quarter of 2017 to date.

5. That the Group Head: Office of the Speaker include all the outstanding

challenges identified as per resolution 4 above in the Section 79 Oversight Committee: Community Safety Process Plan for tracking in every Oversight Committee meetings.

6. That the Section 79 Oversight Committee: Community Safety Process Plan be

implemented with effect from October 2019.

59

LS 8/2/4 (2384) T BABANE (012) 358 1795 COUNCIL: 26 September 2019 14. OFFICE OF THE SPEAKER

PETITION SUBMITTED BY RESIDENTS: REQUEST TO ROADS AND TRANSPORT DEPARTMENT BY RESIDENTS OF BOOYSENS TO DIRECT BIG TRUCKS USING WILHELM STREET AND BOEKENHOUTKLOOF STREET TO VAN DER HOFF ROAD IN WARD 55, REGION 3, COUNCILLOR FW VAN WYK (From the Section 79 Standing Committee: Petitions: 22 August 2019)

The purpose of this report is to request the Petitions Committee to consider a petition regarding the request to redirect big trucks using Wilhelm and Boekenhoutkloof street in Booysens, Region 3, Ward 55. (A copy of the relevant report is filed with the official Minutes of this meeting)

RESOLVED: That this report be referred to the Executive Mayor in terms of Section 13(5) read with Section 21 of the Rules and Orders.

60

JRK THEMA (012) 358-1723 COUNCIL: 26 September 2019 15. OFFICE OF THE SPEAKER

OVERSIGHT REPORT ON GROUP FINANCIAL SERVICES DEPARTMENT FINANCIAL RESULTS (PARENT) FOR THE PERIOD ENDED 30 JUNE 2018 AND REASONS FOR UNAUTHORISED / OVERSPENDING ON THE OPERATING BUDGET (From the Section 79 Standing Committee: Public Accounts: 6 September 2019)

The purpose of this report is to provide oversight findings on the Group Financial Services Department Financial Results (Parent) for the period ended 30 June 2018 and Reasons for the Unauthorised / Overspending on the Operating Budget. This report was submitted to Council on 25 April 2019, in terms of Section 29, 32 and 70(1) of the Municipal Finance Management Act (MFMA) which makes it necessary to seek Council approval for unforeseen and unavoidable deviations and indicate where corresponding savings are available to cover such deviations. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED:

1. That a quarterly report to curb unauthorized/ overspending be submitted

by the Accounting Officer to MPAC, effective from October 2019.

2. That the Executive Mayor submits a quarterly report to MPAC on the steps

taken regarding “budgetary control and early identification of financial

problems”, as required in terms of Section 54 of the MFMA, effective from

October 2019.

61

JRK THEMA (012) 358 1723 COUNCIL: 26 September 2019 16. OFFICE OF THE SPEAKER

OVERSIGHT REPORT ON GROUP FINANCIAL SERVICES DEPARTMENT (SUPPLY CHAIN MANAGEMENT) DEVIATIONS ON TENDERS APPROVED FOR THE THIRD QUARTER OF 2018/19 FINANCIAL YEAR IN TERMS OF REGULATION 36 OF THE MUNICIPAL FINANCE MANAGEMENT ACT (MFMA) (From the Section 79 Standing Committee: Public Accounts: 6 September 2019)

The purpose of this report is to provide findings of the Municipal Public Accounts Committee (MPAC) on the Supply Chain Management Deviations for tenders approved in the Third Quarter of 2018/19 financial year in terms of Supply Chain Management Regulation 36 of the MFMA and Section 35 of the Supply Chain Management Policy. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the City Manager prepare a report on what consequences are going to

be taken to the responsible officials approving deviations in contravention of Supply Chain Management regulation 26(1).

2. That the Accounting Officer submits a report to MPAC 2019 outlining the

plan to be instituted in the 2019/20 financial year to avoid deviations.

62


OVERSIGHT REPORT ON THE SUPPLY CHAIN MANAGEMENT PERFORMANCE REPORT FOR THE THIRD QUARTER OF 2018/19 FINANCIAL YEAR (From the Section 79 Standing Committee: Public Accounts: 6 September 2019)

The purpose of the report outlines oversight findings on the Supply Chain Management Performance Report for the third quarter of 2018/19 financial year, in accordance with the Municipal Finance Management Act (MFMA).

(A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That trade with companies owned by people with disabilities, youth and

cooperatives be monitored by the Accounting Officer and Group Chief Financial Officer and this information be reported in all supply chain reports, submitted to MPAC and Council.

2. That the Accounting Office submit quarterly reports to MPAC effective from

October 2019, on legislative compliance of all contracts and panels, the expiry dates of these contracts and processes to replace them prior to the expiry dates.

3. That the Group Audit and Risk submit progress reports to MPAC on irregular

expenditure investigations which are completed, effective from October 2019.

4. That the Accounting Officer continuously monitor reports submitted to Council and its Committees, to ensure that they are comprehensive and consistent with legislative requirements, previous Council and Section 79 Committee resolutions.

63


OVERSIGHT REPORT ON THE GROUP FINANCIAL SERVICES DEPARTMENT (SUPPLY CHAIN MANAGEMENT): IRREGULAR EXPENDITURE FOR THE THIRD QUARTER OF 2018/19 FINANCIAL YEAR (From the Section 79 Standing Committee: Public Accounts: 6 September 2019) This report presents oversight findings on the Group Financial Services Department (Supply Chain Management), Irregular Expenditure for the third quarter of 2018/19 in compliance with Section 32 of the Municipal Finance Management Act (MFMA).

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

1. That recommendation 2 of the Council meeting of 25 April 2019 be

implemented and that the Group Audit and Risk Department submits a report to MPAC on a quarterly basis on the update and progress made.

2. That the Accounting Officer submits a report with supporting evidence to

MPAC in August 2019, as an assurance that the Executive Mayor, MEC of local government in the province and the Auditor General of South Africa were notified in writing of any irregular expenditure incurred by the municipality and whether any person is responsible or under investigation for such irregular expenditure and steps taken to recover or rectify such expenditure and to prevent the recurrence thereof.

64

JRK THEMA (012) 358 1723 COUNCIL: 26 September 2019 19. OFFICE OF THE SPEAKER

OVERSIGHT REPORT ON GROUP FINANCIAL SERVICES DEPARTMENT (SUPPLY CHAIN MANAGEMENT) DEVIATIONS ON TENDERS APPROVED FOR THE MONTH OF JANUARY 2018/19 FINANCIAL YEAR IN TERMS OF REGULATION 36 OF THE MUNICIPAL FINANCE MANAGEMENT ACT (MFMA) (From the Section 79 Standing Committee: Public Accounts: 6 September 2019)

The purpose of the report presents oversight findings on the (Supply Chain Management) deviations on tenders approved for January 2018/19 financial year in terms of Supply Chain Management Regulation 36 of the Municipal Finance Management Act (MFMA), as submitted to Council on 28 March 2019. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: That the Accounting Officer submits a report to MPAC meeting of October 2019 on the measures which will be implemented in 2019/20 financial year to curb avoidable deviations.

65

8/3 U Banda (012 358-8100) COUNCIL: 26 September 2019 20. GROUP FINANCIAL SERVICES DEPARTMENT

(TREASURY OFFICE) CREDITORS AGE ANALYSIS AS AT 31st MAY 2019 FOR THE CITY (From the Section 79 Standing Committee: Public Accounts: 6 September 2019)

The purpose of the report is to update the various committees of the creditor’s age analysis for the City.


RESOLVED: That cognizance is taken of the creditor’s age analysis as at 31ST May 2019.

66

MTHOBELI KOLISA (012 358 1351) COUNCIL: 26 September 2019

21. QUARTERLY PROGRESS REPORT ON THE REVENUE COLLECTION THROUGH LANDFILL SITES TO MPAC COMMITTEE RESUMING FROM THE MONTH OF AUGUST 2018 AND EVERY 3 MONTH THEREAFTER (From the Section 79 Standing Committee: Public Accounts: 6 September 2019)

The purpose of this is to present a quarterly report regarding the billing and revenues generated from landfill site as well as the NewGx Kwaggasrand Facility to the Section 79 Standing Committee: Public Accounts.

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

2. That a report and presentation be submitted to the Section 79 Standing

Committee: Public Accounts meeting to be held on 4 October 2019

indicating all issues raised by the Committee.

3. That the Committee embark on an inspection-in-loco to the landfill sites to

assess the situation and test the smell that was mentioned.

67


OVERSIGHT REPORT ON GROUP FINANCIAL SERVICES DEPARTMENT (FINANCIAL REPORTING AND ASSETS): REPORT ON THE IMPLEMENTATION OF THE ASSET MANAGEMENT POLICY (AMP) FOR QUARTER 2 OF THE 2018/19 FINANCIAL YEAR (From the Section 79 Standing Committee: Public Accounts: 6 September 2019)

The purpose of report provides oversight findings on the Group Financial Services

Department (Financial Reporting and Assets): Report on the implementation of the

Asset Management Policy (AMP) as submitted to Council on 25 April 2019 in terms

of Section 9 of the Asset Management Policy.


RESOLVED:

1. That the CFO monitors adherence to a standard operating procedure and

reporting requirements, in accordance with the Asset Management Policy.

2. That the Accounting Officer submits a report to the MPAC meeting of October

2019 on steps implemented to ensure adherence to the Asset Management

Policy, effective from Quarter 1 of 2019/20 financial year.

3. That the Executive Mayor submits a report on the steps taken regarding

“budgetary control and early identification of financial problems”, as required in

terms of Section 54 of the MFMA and such report should serve at the MPAC

meeting of October 2019.

68

JRK THEMA (012) 358 1723 COUNCIL: 26 SEPTEMBER 2019 23. OFFICE OF THE SPEAKER

SECTION 79 STANDING COMMITTEE: CIVILIAN OVERSIGHT ANNUAL REPORT REPORT FOR 2018/19 FINANCIAL YEAR (From teh Section 79 Standing Committee: Civilian Oversight: 17 September 2019

The purpose of this report is to provide an overview and reflection on the annual performance of the Section 79 Standing Committee: Civilian Oversight for 2018/19 financial year. The Committee findings are based on inspections and oversight meetings conducted, in line with its terms of reference. (A copy of the relevant report is filed with the official Minutes of this meeting) RESOLVED: 1. That the Chief of Police ensure that reports called for by the Section 79 Standing

Committee: Civilian Oversight be submitted to the Committee, effective from August 2019.

2. That the City Manager or a representative of his office attend the meetings, of

the Section 79 Standing Committee: Civilian Oversight, effective from August 2019.

3. That cluster meetings be reinstated (SAPS, Tshwane Metro Police, CPF

Chairpersons, Cluster Commanders, the relevant MMC, the City Manager etc.), effective from September 2019.

4. That the Section 79 Standing Committee: Civilian Oversight attend meetings

quarterly with IPID and SAPS Secretariat, effective from September 2019. 5. That By-law enforcement be monitored by the Chief of Police and that a

quarterly report in this regard be submitted to the Section 79 Standing Committee: Civilian Oversight effective from September 2019.

6. That civic education programmes on crime prevention be facilitated by Tshwane

Metro Police, in order to reduce crime within the city, effective from January 2020.

7. That Tshwane Metro Police consider having its own garage and be responsible

for its own fleet, effective from 2020/21 financial year. 8. That the Chief of Police submit a report in terms of the plans to implement the

MISS document to the Section 79 Standing Committee: Civilian Oversight in September 2019.

69

((b)(ii) RESOLUTIONS BY OVERSIGHT AND STANDING COMMITTEES

REPORTING TO COUNCIL (ANNEXURE B)

During the debate of Annexure B at the Council meeting of 26 September 2019, no proposal was made for the Section 79 Standing Committee: Petitions to reconsider any resolution.

70

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: 26 SEPTEMBER 2019 There were none.

71

H. MOTION OR PROPOSALS DEFERRED FROM PREVIOUS MEETINGS There were none.

72

I. NEW MOTIONS

There were none.

73

J. PETITIONS

The following Petitions were submitted at the Council meeting of 26 September 2019 in terms of Section 16(1) of the Rules and Orders:

1. Petition submitted by JA Peleser, Petition relating to the property known as 168

(remaining extent) Farm Swartkop 383 also known as 31 Lloys Road, Centurion made

to the City of Tshwane Metropolitan Municipality (Property key: 08440000/168/R),

Ward 70. (by Cllr M Kruger-Muller).

2. Petition submitted by JA Peleser, Petition relating to the property known as Portion

127 (a portion of portion 92) of the Farm 383. JR Swartkop

also known as 7 Louisa Road, Centurion made to the City of Tshwane Metropolitan Municipality (Property key: 08440000/127), Ward 70 (by Cllr M Kruger-Muller).

3. Petition submitted by R Thamaga and D Nyerenda, Petition requesting the installation

of the Bridge in OHB near Orefile Primary School, Extension 60, Olievenhoutbosch,

Ward 77 (by Cllr J Jansen).

4. Petition submitted by L Makasela and J Moremi, Requesting the City of Tshwane

Metropolitan Municipality to build internal tar roads at Extension 8 and 9 in

Soshanguve, Ward 37, (by Cllr ZS Ntohla).

5. Petition submitted by Bishop MSE Setena and Pastor IP Motebe, Petition for gaining

access and ownership of the land in Soshanguve, Ward 37, (by Cllr ZS Ntohla).

6. Petition submitted by D Mmatli and S Maringa Petition regarding the concern against

the non-performance of the Utility Department (Electricity Division) in the

electrification of Extension 17 in Ward 68 (by Cllr JM Ngobeni).

7. Petition submitted by E Thopola and P Mampa Petition Requesting for the

formalisation of Extension 11 (A) Informal Settlement, Ward 97, Region 6 (by Cllr NA

Mokgalotsi)

8. Petition submitted by AP Ramokgopa and PA Shoko Petition against the barricading

of Thusago and Ramatsui Streets during activities taking place in Lucas Moripe

Sadium in Ward 62, (by Cllr MM Mahwayi).

9. Petition submitted by N Molape and M Maleka Petition requesting for the installation

of Drainage System in Mamelodi West, Ward 6, (by Cllr JW Masilela).

10. Petition submitted by N Molape and M Maleka Petition requesting for changing

Cheche Mxolisi in A4, Mamelodi West, after is being closed for 2 Years, the

community want to use it for Skills Development, Ward 6, (by Cllr JW Masilela).

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.

74

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

THE DISCRETION OF THE SPEAKER

There were none.

75

L. CONCLUSION

The Acting Speaker thanked all Councillors for their valuable inputs during the meeting and concluded the meeting at 17:55.

minutes council 26 september 2019 - tshwane calendar...mehlape mm 27. meyer k 28. meyer ca 29....

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