- 48 - (eThekwini Municipality
Council Decisions - 2015-09-30)
KRR(2015-09-30)(SAM)[CHALL-134430] 2015-10-02
COUNCIL DECISION CIRCULAR : MEETING HELD ON 2015-09-30
TO ALL DEPUTY CITY MANAGERS AND HEADS:
Attached please find decisions adopted by the Council at its meeting held on 2015-09-30.
Deputy City Managers and Heads are kindly requested to facilitate implementation of the decisions impacting their Clusters and Units within the applicable timeframes.
Kindly note that the word "ADOPTED" marked in bold at the end of the recommendation confirms that the item has been approved by Council and is ready for implementation. Other relevant status will be reflected at the end of the recommendation to indicate the position taken by Council on a particular item.
Should further information be required on any item on the Council agenda, kindly contact
Vishnu Ramsunder on Telephone No.(031) 311-2371 or through email.
1. FIRST REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2015-09-08
1.1 NOTING OF RULE OF ORDER 28: REQUEST FOR FINANCIAL ASSISTANCE FOR YOUTH AGAINST XENOPHOBIA MUSIC FESTIVAL BY TZOZO PROJECTS (PTY) LTD (7/4/1 & 19/2/1)
(Page 53)
COMMITTEE RECOMMENDS:
That the approval given by His Worship the Mayor, Councillor James Nxumalo, interms of Rule of Order 28, to allocate an amount of R300000, 00 (Three Hundred Thousand Rand) to Tzozo Projects (Pty) Ltd to host the Youth against Xenophobia Music Festival thus promoting a message of peace to the community, be noted.
Vote: 10371.07855; R300 000.00; FC No.: 08/29
NOTED.
1.2 NOTING OF RULE OF ORDER 28: APPROVAL OF EXPENDITURE FOR TRAVEL AND ACCOMMODATION OF NOMINATED WOMEN COUNCILLORS TO PARTICIPATE ON REED DANCE HELD 04 SEPTEMBER 2015, KWANONGOMA (4/5/1/8/9)
(Page 57)
With the City providing financial support for maidens residing within the eThekwini Municipal area to participate at the Annual Reed Dance at Enyokeni Royal Palace, KwaNongoma, it was considered imperative to play effective oversight role by having a delegation representing the City in this event. It was submitted that support was also required to ensure unity amongst the maidens coming from different parts of the City and also collectively address issues associated with their participation in this event, hence, the decision for participation by women Councillors.
Confirmation was given that budget provision of R60 000.00 has been made available but that the actual expenditure will be less this amount in view of the event having coincided with the 2022 Commonwealth Games host City announcement attended by some of the Councillors who have also been nominated to attend the Reed Dance. With certain reservations having been expressed on the use of the Rule of Order 28 on the issue which should have been included on prior report on Reed Dance already dealt with by the Executive Committee, a proposal was subsequently made to adopt a standing decision that a delegation of the City comprising Councillors should participate at the Annual Reed Dance. This was agreed to.
Accordingly,
COMMITTEE RECOMMENDS:
1.2.1 That the approval given by His Worship the Mayor, Councillor James Nxumalo, in terms of Rule of Order 28 in respect of the provision of transport and accommodation for women Councillors nominated to form part of the eThekwini Municipality’s delegation who participated at the Reed Dance 2015 (UmkhosiwoMhlanga) at Enyokeni Royal Palace, KwaNongoma, on 2015-09-04, at a budget of R60000.00 (Sixty Thousand Rand Only), be noted.
1.2.2 That Council resolves that for the City to play effective oversight role over the Annual Reed Dance, from the eThekwini participants perspective, Councillors’ participation in this event be a standing decision, with a specific number of Councillors to participate to be determined at the time of each event.
Vote: 12723.11908; R60 000.00; F.C. 08/18
Recommendation 1.2.1 NOTED and Recommendation 1.2.2 ADOPTED.
1.3 NOTING OF RULE OF ORDER 28: APPROVAL FOR 10 COUNCILLORS TO ATTEND THE PROVINCIAL GOLDEN GAMES FOR SENIOR CITIZENS, 0103SEPTEMBER 2015, UTHUNGULU DISTRICT MUNICIPALITY (19/1/1/2/1)
(Page 59)
Cognisance was taken of the fact that political leadership needed to strengthen its efforts to support Senior Citizens representing the City on the Golden Games, hence, the participation by Councillors. Certain reservations were once again expressed on the use of Rule of Order 28 on the basis that the event could have been dealt with through forward-planning since it was an annual event. It was then agreed to adopt a similar approach of approving participation by Councillors on these games as a standing decision and deal with details at the time of the event.
On this basis,
COMMITTEE RECOMMENDS:
1.3.1 That the approval given by His Worship the Mayor, Councillor James Nxumalo, interms of Rule of Order 28, in respect of the provision of transport and accommodation for Councillors nominated to form part of the eThekwini Municipality’s delegation who participated at the Provincial Golden Games for Senior Citizens, at the Richards Bay Sports Complex, uThungulu District Municipality, from 20150901 to 2015-09-03 at a total cost of R38000 (ThirtyEight Thousand Rand), be noted.
1.3.2 That Council resolves that for the City to play effective oversight role over the Senior Citizens Games from the eThekwini participants perspective, Councillors’ participation in this event be a standing decision, with a specific number of Councillors to participate to be determined at the time of each event.
Vote: 32123.11960; R38 000.00; FC 08/19
Recommendation 1.3.1 NOTED and Recommendation 1.3.2 ADOPTED.
1.4 BACK TO BASICS REPORT AS AT 30 JUNE 2015 (2/3/2/1/2 & 2/10/1/1/1)
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The state of Municipalities in the country is being monitored by the Department of Cooperative Governance and Traditional Affairs (COGTA) through the BacktoBasics Programme. As such, Municipalities are expected to submit monthly reports on the implementation of the Back-to-Basics Programme. Attached herein is the report submitted by the eThekwini Municipality for the month of June 2015. Thereport outlines the performance of the City during the month under review as it pertained to service delivery as well as governance matters in terms of Council and Committee meetings held. On a proposal made that future reports should comprise detailed information to explain indicators given, it was advised that a standard template from COGTA was being used to report the City's performance but that additional information required will then be given as a separate Annexure to the Back-to-Basics report.
COMMITTEE RECOMMENDS:
That Council notes the attached Back-to-Basics report for the month ended 30June2015 and trend analysis from January to June 2015, compiled in terms of Circular No. 47 of 2014 from the Department of Cooperative Governance and Traditional Affairs (GOGTA), to serve as a tool to assess the state of the eThekwini Municipality for COGTA to intervene where necessary, it being recorded that future reports will comprise additional information to explain performance indicators contained in the report for the benefit of the Executive Committee.
NOTED.
1.5 ESTABLISHMENT OF CLUSTERS TO REPORT TO THE ETHEKWINI STRATEGIC INFRASTRUCTURE PROGRAMME STAKEHOLDER FORUM (4/1/1/1)
(Page 102)
COMMITTEE RECOMMENDS:
1.5.1 That Council approves the establishment of two (2) remaining Clusters, namely, Inland Hubs & Corridors Cluster and Aerotropolis Cluster to deal with specific matters relating to geographical or functional areas and report to the eThekwini Strategic Infrastructure Programme Stakeholder Engagement Forum.
1.5.2 That Council reaffirms the dates of meetings of the eThekwini Strategic Infrastructure Programme Stakeholder Engagement Forum to be held on a quarterly basis on the last Thursday of the month, as approved on 2015-03-31 as follows:-
● Wednesday, 23 September 2015 (Due to Thursday being Heritage Day)
● Thursday, 03 December 2015 (Due to Council recess commencing 10December2015)
● 24/31 March 2016 (Subject to no Council Meeting or recess)
● 23/30 June 2016 (Subject to no Council Meeting or recess)
1.5.3 That Council notes that the establishment and the functioning of the two Clusters referred to in .1 above will be undertaken utilizing the existing budget, it being recorded that additional funding required will be identified through savings and midterm adjustments.
Financial Implications:
Item / Cost / Vote NumberSpecial follow up meeting for Port Development Cluster / R35000.00 / 32313.04115
Port Development Cluster first quarter meeting / R35000.00 / 32313.04115
Port Development Cluster second quarter meeting / R35000.00 / 32313.04115
Establishment of two (2) Clusters – R70000.00 / R34650.00 / 32313.04115
R35350.00 / 32313.06756
eThekwini SIP SEF first quarter meeting / R100000.00 / 32313.06756
eThekwini SIP SEF second quarter meeting / R100000.00 / 32304.06756
eThekwini SIP SEF third quarter meeting / R100000.00 / 32304.06756
eThekwini SIP SEF fourth quarter meeting / R50000.00 / 32304.06756
R50000.00 / 32304.06756
FC No.: 06/17
ADOPTED.
1.6 REQUEST FOR HIS WORSHIP THE MAYOR, COUNCILLOR JS NXUMALO OR HIS NOMINEE; NOMINATED COUNCILLORS; AND OFFICIALS TO ATTEND THE NORTH EAST ENGLAND AND SOUTH AFRICA TRADE AND CO-OPERATION CONFERENCE AND THE RUGBY WORLD CUP MATCH BETWEEN SOUTH AFRICA AND SCOTLAND IN NEWCASTLE UPON TYNE, UNITED KINGDOM, 28 SEPTEMBER-04 OCTOBER 2015 (14/1)
(Page 112)
As part of the existing Memorandum of Agreement between the City of eThekwini and the City of Newcastle Upon Tyne, a Conference has been convened to further trade relations between these two Cities. As such, the eThekwini delegation is participating in this Conference. In view of the Conference taking place in the same City where the South African Rugby Team is playing with Scotland in the 2015Rugby World Cup, authority is also sought for the eThekwini Municipality delegation to attend this rugby match to show patriotism.
COMMITTEE RECOMMENDS:
1.6.1 That authority be granted for His Worship the Mayor, Councillor James Nxumalo, orhis nominee; nominated Councillors; and Officials to travel to Newcastle Upon Tyne to attend the North East England and South Africa Trade and Cooperation Conference in Newcastle United Kingdom from 28September to 04October 2015, itbeing recorded that the delegation will also attend the Rugby World Cup match between South Africa and Scotland to show patriotism.
1.6.2 That all delegates be considered to be on Municipal Business while travelling to and from as well as during the period of the Conference.
1.6.3 That funding for the delegates be covered as per the financial implications in the table below:-
Name / Flights / Accommodation / Registration / Visa / S & T / Leeds Train / Vote NumberMayor JSNxumalo / R65000.00 / R15000.00 / R1 200.00 / R1500.00 / As per policy / R2 000.00 / 32123.11960
Executive Committee Councillor / R15000.00 / R15000.00 / R1 200.00 / R1500.00 / As per policy / R2 000.00 / 32123.11960
Executive Committee Councillor / R15000.00 / R15000.00 / R1 200.00 / R1500.00 / As per policy / R2 000.00 / 32123.11960
Official 1 from Economic Development and Planning / R15000.00 / R30000.00 / R1 200.00 / R1500.00 / As per policy / R2 000.00 / 26105.04676
Official 2 from Economic Development and Planning / R15000.00 / R60000.00 / R1 200.00 / R1500.00 / As per policy / R2 000.00 / 26105.04676
Official 3 from Tourism / R15000.00 / R15000.00 / R1 200.00 / R1500.00 / As per policy / R2 000.00 / To be confirmed
Official 4 from IGR / R15000.00 / R15000.00 / R1 200.00 / R1500.00 / As per policy / R2 000.00 / 12749.11900
The amount with regard to accommodation in respect of “Official 1 from Economic Development and Planning” and “Official 2 from Economic Development and Planning” was AMENDED by the deletion “R30000.00” and “R60000.00” respectively and by the substitution therefor of the amount “R15000.00”.The above recommendations of the Executive Committee were thereafter, by the majority vote, ADOPTED.
1.7 RESCINDING OF DECISION REGARDING THE ACCOMMODATION OF THE “SOUTH AFRICA IN THE MAKING” EXHIBITION AT MOSES MABHIDA STADIUM (13/2/1/2/1)
(Page 125)
Council previously adopted a decision to accommodate the "South Africa in the making" Exhibition at Shop No. 5 Moses Mabhida Stadium. After taking the exact measurements of the square meters it was discovered that the space in Shop No. 5 is inadequate for the exhibition thus a need to source a bigger space at Shop No. 7. This submission therefore seeks permission to rescind the previous decision and approve the use of Shop No. 7 on different terms and conditions.
Accordingly,
COMMITTEE RECOMMENDS:
1.7.1 That Council rescinds the following resolution adopted at its meeting dated 20140227:-
“That shop 5ac at Moses Mabhida Stadium be set aside for the purposes of accommodating this exhibition at a base monthly rent of R15000.00 (Fifteen Thousand Rand Only) with an annual escalation fee of 8%”.
1.7.2 That subject to the adoption of .1 above, Council approves that Shop No. 07 at Moses Mabhida Stadium be set aside for the purpose of accommodating the “South Africa in the making” Exhibition at a base monthly rent of R55896.00 (Fifty Five Thousand Eight Hundred and Ninety Six Rand) with an annual escalationof8%.
1.7.3 That subject to the adoption of .1 and .2 above, the exhibition be hosted at Moses Mabhida Stadium for a period of 5 (five) years renewable.
Vote No.: 15530.09960; FC No.: 34/280; 2015/2016
ADOPTED, by majority
1.8 RESEARCH INITIATIVE: GLOBAL ENVIRONMENTAL CHANGE JOINT RESEARCH PROGRAMME (32/2/2)
(Page 128)
Council approved the signing of a Memorandum of Agreement (MOA) with the University of KwaZulu-Natal (UKZN) to undertake joint research projects. Ithassince been established that the nature of the procurement process involved in this matter will warrant the use of Section 36 of the Supply Chain Management Regulations. This approach therefore renders the signing of the MOA invalid. Itistherefore requested to rescind the decision pertaining to the signing of the MOA to undertake joint research projects with UKZN.
Given the circumstances,
COMMITTEE RECOMMENDS:
1.8.1 That Council rescinds its decision adopted on 2015-06-24 relative to the “Request for Authority to engage in a second three-year partnership between eThekwini Municipality and the University of KwaZulu-Natal for KZN Sandstone Sourveld Joint Research Project (32/1/1/1/3/1)”, based on expert advice given that the complex nature of the procurement process involved on the matter warrants the use of Regulation 36 of the Supply Chain Management regulations.
1.8.2 That due to the value to be obtained from engaging with a specific local tertiary institution, with the required research capacity in the disciplines identified, and the lack of capacity existing in other local tertiary institutions with the focus fields of research, it is not possible to follow the normal procurement process, therefore the intention by the Acting Head : Development Planning, Environment & Management to submit a report to the Bid Adjudication Committee requesting to utilize Regulation 36(1)(a)(v) of the Municipal Supply Chain Management Regulations to appoint and implement an agent for the Global Environmental Change Joint Research Programme over the three-year period at the total contract value of R3000000, 00 (Three Million Rand), benoted.