MINUTES OF THE ORDINARY OPEN MEETING OF THE MUNICIPAL COUNCIL OF DIHLABENG LOCAL MUNICIPALITY HELD IN THE MAUTSE COMMUNITY HALL, ROSENDAL ON TUESDAY, 30OCTOBER2012 AT 10:22
PRESENT:
CouncillorsP D Lengoabala-Speaker
T M H Mofokeng-Executive Mayor
(Mrs) L U Makhalema-Council Whip
T J Tseki-Chairperson: MPAC
C C Harrington-Member of the Mayoral Committee
L J Lemako-Member of the Mayoral Committee
(Ms) M A Noosi-Member of the Mayoral Committee
(Mrs) A L Rakhothule-
Mkhwanazi-Member of the Mayoral Committee
T J Seekane-Member of the Mayoral Committee
M J Tshabalala-Member of the Mayoral Committee
(Mrs) T J Tshabalala-Member of the Mayoral Committee
J F Bonthuys
P A Maasdorp
(Mrs) S M Jacobs
(Mrs) N E Mabizela
T A Masoeu
(Ms) M K Mofokeng
M St. V Mofokeng
R P Mofokeng
(Mrs) T M Mofokeng
T V Mofokeng
(Mrs) H E Mokoena
(Mrs) M A Mokoena
(Ms) M R Mokoena
M J Mokoena
L J Mosikili
S Msimanga
N NNzimande
P H J Olivier
(Mrs) M Prior
J J H Pienaar
J M Radebe
P T Ramaele
G J Roetz
(Ms) M E Sempe
M D Shabalala
D Stevens
B D L Venter
IN ATTENDANCE:
MessrsT E Tsoaeli-Municipal Manager
R Provis-Chief Financial Officer
M E S Mthwalo-Director: Corporate Services
A Masuku-Director: Public Works
MmesT G Hadebe-Director: LED
M A B Mosima-Acting Director: Community Services
MessrsS Morare-Manager Internal Audit
L I Tshabalala-Strategic Manager in the Office of the
Executive Mayor
P Tlhabanelo-Manager: Supply Chain
MmesT Maake-PA of the Municipal Manager
S Bronkhorst-Manager: Marketing/Communication
J Etzebeth-Acting Manager: Secretariat
SECRETARIAT:
MmesS Rautenbach
B G Tshabalala
RECORDING OFFICER:
MsB G Tshabalala
ALSO PRESENT:
Councillor M S Mdeleki-Maluti-A-Phofung Local Municipality
Councillor V Tshabalala-Maluti-A-Phofung Local Municipality
MONTHLY MEETING OF THE MAYORAL COMMITTEE HELD ON 30AUGUST 2012
S E C T I O N I
(FOR CONSIDERATION/APPROVAL)
ITEM 154/2012
(DEPARTMENT: FINANCE)
DEBT COLLECTION STRATEGY: ACTION PLAN (F5/13/1)
RESOLVED:
that Council takes note of the Debt Collection Action Plan based on the approved Debt Collection Strategy.
ITEM 155/2012
(DEPARTMENT: FINANCE)
REVIEW OF THE POLICY AND PRINCIPLES ON THE WRITING OFF OF IRRECOVERABLE DEBT (F5/1/P)(F5/17/1)
RESOLVED:
1.that the policy and principles on the writing off of irrecoverable debt as adopted by Council on 31 May 2012 be amended as follows:
1.1that paragraph 5.1.1 be substituted with the following:
“Upon deregistration as an indigent the interest accrued to the account will be written off for the period that the person was registered as an indigent.”
1.2that paragraph 6.2 be substituted with the following:
“6.2The Committee will consist of the following members:-
6.2.1MMC for Finance (Chairperson)
6.2.2One member of the Section 80 Committee for Finance to be nominated by the Section 80 Committee for Finance (Alternative Chairperson)
6.2.3Chief Financial Officer
6.2.4Manager Revenue and Debt Collection.”
2.that meetings of the committee be held on a monthly basis to deal with the write offs.
ITEM 156/2012
(DEPARTMENT: FINANCE)
BUDGET AND FINANCIAL REPORT (F5/1/1)(F5/19/4)
RESOLVED:
1.that Council takes note of the report for the period ending 31 July 2012 in accordance with the MFMA, Section 52(d), 71 and 72.
2.that defaulting Werda Flats tenants be given notice that failure to respond to the demand for payment within seven days after receipt of such notice would result in them being locked out.
ITEM 157/2012
(DEPARTMENT: LOCAL ECONOMIC DEVELOPMENT)
REQUEST FOR BUSINESS SITE NO 1600 OR SITE 3131 IN MASHAENG FOR A COAL PROJECT (LED7/2/3/1/4)
RESOLVED:
that an investigation into previous applications received in respect of this site be conducted first before tenders be called for in terms of Section 14 of the MFMA, Act 56 of 2003 for the lease of Erf 1600 Fouriesburg.
ITEM 158/2012
(DEPARTMENT: LOCAL ECONOMIC DEVELOPMENT)
PROPOSED JOINT VENTURE TO UPGRADE THE MAUTSENDAL CULTURAL VILLAGE, WITH THE UNIVERSITY OF THE FREE STATE’S SCHOOL OF ARCHITECTURE (LED4/4/2)(LED2/4/2)
RESOLVED:
1.that the report on the proposal to upgrade the Mautse Cultural Village jointly with the University of the Free State’s School of Architecture, be noted.
2.that the project in 1 above be supported by Council and it be regarded as a means of creating social cohesion for the community of Mautse and Rosendal and bridging the gap between the past and the current goals of the country as well as creating a self-sustainable town.
ITEM 159/2012
(DEPARTMENT: LOCAL ECONOMIC DEVELOPMENT)
SMALL MICRO MEDIUM ENTERPRISE PARTNERSHIP WITH THE UNIT FOR ENTREPRENEURSHIP, AT THE UNIVERSITY OF THE FREE STATE QWA-QWA CAMPUS (LED4/4/2)(LED8/3/1)
RESOLVED:
1.that the contents of the report on work done by the Unit of Entrepreneurship of the University of the Free State, Qwa-Qwa Campus which will help train Dihlabeng SMME’s for 18 months, be noted.
2.that it be approved that the University of the Free State be requested to amend the current Memorandum of Agreement between both parties, to include the 18 month Entrepreneurship Program in 1 above.
ITEM 160/2012
(DEPARTMENT: LOCAL ECONOMIC DEVELOPMENT)
LEASE OF MAUTSENDAL CULTURAL VILLAGE FILLING STATION (LED7/2/3/1/6)
RESOLVED:
1.that approval be granted that tenders be called in the newspapers for the lease of the Filling Station at the Mautsendal Cultural Village in Rosendal.
2.that Council’s attorney be requested to draft the necessary Agreement of Lease.
3.that it be indicated in the advertisement in 1 above that women; people with disabilities and the youth be invited to tender.
ITEM 161/2012
(DEPARTMENT: LOCAL ECONOMIC DEVELOPMENT)
HISTORY OF BETHLEHEM, BOHLOKONG AND BAKENPARK (LED10/1/3/1)
RESOLVED:
that approval be granted that the University of the Free State be requested to allocate an M degree student or students in history the opportunity to conduct research and update the history of Bethlehem, Bohlokong and Bakenpark with a view of producing a new history book by 2014.
ITEM 162/2012
(DEPARTMENT: LOCAL ECONOMIC DEVELOPMENT)
GROENVOERLANDE INDUSTRIAL AREA: LAND CLAIM – TITELI FAMILY (LED13/4/1)
RESOLVED:
1.that Council resolution per Item 110/2009 of 11 November 2009 reflected below be repealed:
“3.that the following Agricultural Land be made available to be used as incubator farms, (i.e. Atbara Farm, Beira Farm and Utopia Farm) by December 2009. Directorate LED, Section Agricultural Development will utilize the said land as incubator farms for the ± 100 youth volunteers from Dihlabeng who will be able to successfully complete the 1 year Agri-SETA sponsored Learnership at Heedmorine College, Fouriesburg.”
2.that Council resolution per Item B28/2011 of 31 October 2011 reflected below be repealed:
“1.that notice be taken of the Progress Report and Revised Technical Report with regard to the identification of new cemetery sites for all towns in Dihlabeng, as received from Proper Consulting Civil & Structural Engineers & Project Managers.
2.that the land adjacent to the existing cemeteries in Clarens and Bethlehem (Utopia) be used for the extension of the cemeteries and not the sites as proposed by the consulting engineers.”
3.that Council resolution per Item 76/2012 of 7 June 2012, be re-affirmed:
“1.that Council takes note of the report on the claim lodged by the Titeli family and that it be noted that the Titeli family lost their land rights due to racial laws in 1970-1972.
2.that Dihlabeng Municipality provides alternative land i.e. the municipal camp called Utopia C 1680 (in extent 78, 68ha) to the Titeli family as they did not receive any compensation either in the form of financial or alternative land in 1970-1972.
3.that Council’s resolution be submitted to the Commission on Restitution of Land in order to uplift restrictions placed on site no 1823, Title Deed T29/1986 in the Deeds Office, in order to allow the Municipality to go ahead with prospective development.
4.that the Titeli family be assisted with housing, municipal services and the provision of agricultural expertise it has by ensuring that the land is properly developed because originally it was used for residential purposes and not agricultural purposes.
5.that it be delegated to the Office of the Municipal Manager to coordinate and arrange a special day to hand over an alternative piece of land called Utopia C1680 to the Titeli family, once all necessary processes have been completed.
6.that it be approved that the process of identifying suitable erven in the Groenvoerlande Industrial Area and advertising the sites to enable the engagement with potential investors be commenced with once the moratorium has been lifted.”
ITEM 163/2012
(DEPARTMENT: LOCAL ECONOMIC DEVELOPMENT)
THE SWISS TOURISM AWARDS (LED10/1/3/5)
RESOLVED:
1.that Council takes note of the report on the official invitation from Switzerland to the Executive Mayor of Dihlabeng Municipality to the Swiss Tourism Awards to be held on 16-18 November 2012 in the City of Lugano.
2.that Council sends a Council delegation that will be led by the Executive Mayor, Councillor T M H Mofokeng, MMC for LED, Dr Clem Harrington and the Director LED, Mrs ThandiHadebe and the confirmation forms be signed with immediate effect in order to adhere to the set time frame by the Swiss Tourism Awards.
3.that the LED Portfolio Committee be mandated to decide on the number of other delegates that will also form part of the Council delegation but all their travelling costs will be for the account of the municipality.
4.that the action in 3 above taken by the LED Portfolio Committee be condoned by Council.
5.that the feasibility of including a Dihlabeng Local Municipality Exhibition Stand to be displayed during the event in Lugano, be investigated by the Director LED.
ITEM 164/2012
(DEPARTMENT: LOCAL ECONOMIC DEVELOPMENT)
OFFICIAL HANDOVER TO SMME PROJECTS ASSISTED BY THE LED DIRECTORATE (LED17/17/2)
RESOLVED:
1.that Council takes note of the official handover to SMME projects that were identified by the Local Economic Development Directorate, that took place in the Council Chambers, Bethlehem on 12 July 2012.
2.that all SMMEs be required to enter into a Service Level Agreement between themselves and Dihlabeng Municipality.
ITEM 165/2012
(DEPARTMENT: LOCAL ECONOMIC DEVELOPMENT)
COMMERCIAL ERVEN (LED7/2/3/2/1)(LED7/2/R)
RESOLVED:
1.that the remainder of portion 3 of Erf 4095, Bethlehem be alienated in accordance with Section 14 of the MFMA, Act 56 of 2003 and be re-advertised locally.
2.that the land entrance to Fouriesburg, be alienated in accordance with Section 14 of the MFMA, Act 56 of 2003 and be re-advertised locally.
3.that the Portion of the farm Pretoriuskloof 152 8500m2 be alienated in accordance with section 14 of the MFMA, Act 56 of 2003 and be re-advertised locally; after attorneys have completed the necessary processes.
4.that the Portion of Sub-Division 39 of the farm Pretoriuskloof 152 be alienated in accordance with Section 14 of the MFMA, Act 56 of 2003 and be re-advertised locally.
5.that Council re-affirm its decision per Item 36/2008 of 16 May 2008:
“1.that it be noted that the Deed of Sale of Erf 2559, Bethlehem, between Council and Southern Palace Investments was duly cancelled.
2.that the erf in 1 above be alienated in accordance with Section 14 of the MFMA and be advertised locally.
3.that a report on all commercial bids that have not been finalized yet, be submitted.”
6.that the Premier of the Free State Province, Honourable E.S Magashule be requested to exclude the proposed commercial erven/land from the moratorium.
7.that a registered valuer be appointed to do a land audit on the GroenvoerlandeErven and on all identified portions of business land in Bethlehem and Fouriesburg as a matter of urgency.
ITEM 166/2012
(DEPARTMENT: COMMUNITY SERVICES)
DIHLABENG LOCAL MUNICIPALITY CLEANING CAMPAIGN PROGRAMME (CS16/5/3)
RESOLVED:
1.that the report on the Dihlabeng Local Municipality’s Cleaning Campaign, be noted.
2.that Councillors support and take ownership of environmental awareness campaigns in their respective wards.
3.that one member of the sub-committee for environmental health in each ward be assigned with responsibility for the cleaning campaign and they be trained accordingly.
ITEM 167/2012
(OFFICE OF THE EXECUTIVE MAYOR)
NAME CHANGING PROCESS (EM16/3/6)(EM17/15/R)
RESOLVED:
1.that the received application for name change be noted.
2.that the proposed name changes as per the received application be supported.
3.that the proposed name changes be implemented subject to a consultation process in line with SAGNC guidelines and relevant statutes.
4.that the Office of the Executive Mayor invites the FSGNC to facilitate and advise on the process.
5.that a steering committee to deal with name changes led by the Executive Mayor, comprising of Councillors and community leaders familiar with the legal process of name change, be established.
ITEM 168/2012
(OFFICE OF THE EXECUTIVE MAYOR)
SOCIAL COHESION WORKSHOP (EM12/2/4)
RESOLVED:
1.that the hosting of the social cohesion workshop on 10September 2012, be approved.
2.that the initiative in 1 above be supported by all Councillors and officials.
3.that extensive engagement and mobilization of different stakeholders be done to ensure maximum participation.
S E C T I O N II
(FOR NOTIFICATION)
ITEM PB70/2012
(DEPARTMENT: LOCAL ECONOMIC DEVELOPMENT)
BRIEF EXECUTIVE SUMMARY OF LED’S PROJECTS FOR THE 2012/2013 FINANCIAL YEAR (LED5/1/1)(LED17/17/2)
RESOLVED:
that the report on the brief executive summary of LED’s projects for the 2012/2013 Financial Year submitted by the Director LED, be noted.
ITEM PB71/2012
(DEPARTMENT: IDP, PMS AND MONITORING)
2011/2012 SDBIP – QUARTER 4 PROGRESS REPORT: PERFORMANCE MONITORING AND EVALUATION (IDP5/1/1)
RESOLVED:
that the contents of the submission of the 2011/2012 financial year: Quarter 4 SDBIP Progress Report, be noted.
ITEM PB73/2012
(DEPARTMENT: COMMUNITY SERVICES)
DISASTER: TORNADO REPORT (CS17/16/1)
RESOLVED:
1.that notice be taken of the contents of the report on the disaster which struck the area of Dihlabeng Local Municipality after a tornado has hit the area on 23June2012.
2.that notice be taken of the relief intervention and assistance rendered by the municipality.
ITEM PB74/2012
(DEPARTMENT: COMMUNITY SERVICES)
SPELLING BEE COMPETITION (CS11/3/2/2)
RESOLVED:
that the progress report on the Spelling Bee Competition be noted.
ITEM PB75/2012
(DEPARTMENT: COMMUNITY SERVICES)
NEW LIBRARY BUILDING IN CLARENS/KGUBETSWANA (CS17/4/R)
RESOLVED:
that notice be taken of the progress report regarding the construction of the new library building in Clarens/Kgubetswana.
MONTHLY MEETING OF THE MAYORAL COMMITTEE HELD ON 26SEPTEMBER 2012
S E C T I O N I
(FOR CONSIDERATION/APPROVAL)
ITEM 169/2012
(DEPARTMENT: CORPORATE SERVICES)
DIHLABENG LOCAL MUNICIPALITY: T D LEPHONDO: SETTLEMENT AGREEMENT: ERF 4247: BERGSIG: BETHLEHEM (CS13/4/1)
RESOLVED:
1.that it be noted that Mr T D Lephondo had requested that Dihlabeng Local Municipality consider to enter into a settlement agreement regarding Erf 4247, Bergsig, Bethlehem after he lost the High Court case in this regard.
2.that the settlement agreement between Dihlabeng Local Municipality and Mr T D Lephondo be approved and that approval be granted to the Municipal Manager to sign the necessary documentation in this regard.
3.that a policy resolution that all other similar matters in 1 and 2 above be handled and finalized on the same basis, be adopted.
4.that clauses 4 and 5 of Council Resolution per Item R1/2010 of 18February2010 be rescinded.
ITEM 170/2012
(DEPARTMENT: CORPORATE SERVICES)
ADOPTION OF STANDARD BY-LAWS (CS1/3/R)
RESOLVED:
1.that it be noted that the Department of Cooperative Governance and Traditional Affairs, Free State initiated a process regarding the adoption of standard by-laws for the Free State Province.
2.that approval be granted that the process of public participation regarding the undermentioned by-laws initiated by the Office of the Speaker and that the by-laws be adopted in principle:
2.1First Priority as requested by the Interdepartmental Forum on By-laws established by the Free State Province:
2.1.1Standard Informal Settlement, 2011
2.1.2Standard General Street, 2011
2.1.3Standard Building Regulations, 2011
2.1.4Zoning By-law, 2011
List of by-laws identified as crucial by the forum:
1.Standard Control of Street Vendors, Peddlers or Hawkers, 2011
2.Standard District Municipality Environmental Management, 2011
3.Standard Dogs and Cats, 2011
4.Standard Numbering of Buildings, 2011
5.Standard Environmental Health, 2011
6.Standard Sporting Facilities, 2011
7.Standard Taxi Ranks, 2011
8.Standard Unsightly and Neglected Buildings, 2011
2.2Second Priority:
2.2.1Advertising, 2011
2.2.2Air quality management, 2011
2.2.3Bed & Breakfast and Guesthouse, 2011
2.2.4Cemeteries and Crematoria, 2011
2.2.5Childcare Services, 2011
2.2.6Commonage, 2011
2.2.7Control of Collections, 2011
2.2.8Credit Control and Debt Collection, 2011
2.2.9Delegation of Powers, 2011
2.2.10Electricity Supply, 2011
2.2.11Encroachment on Property, 2011
2.2.12Fences and Fencing, 2011
2.2.13Fire and Emergency Services, 2011
2.2.14Fresh Produce Markets, 2011
2.2.15Impoundment of Animals, 2011
2.2.16Indigent support, 2011
2.2.17Keeping of Animals, Poultry and Bees, 2011
2.2.18Libraries, 2011
2.2.19Licensing of Dogs, 2011
2.2.20Property Rates, 2011
2.2.21Public Amenities, 2011
2.2.22Public Swimming Pool, 2011
2.2.23Storm Water, 2011
2.2.24Street Trading, 2011
2.2.25Tariff Policy, 2011
2.2.26Ward Committee, 2011
2.2.27Water Restrictions, 2011
2.2.28Water Services, 2011
2.3that it be noted that sufficient provision was made on the 2012/13 budget for the process in 1 and 2 above.
2.4that it be noted that after the finalization of the public participation process in 2 above the by-laws will be submitted to Council for final adoption and publication in the Provincial Gazette.
ITEM 171/2012
(DEPARTMENT: CORPORATE SERVICES)
REPORT ON WATER SERVICES SYMPOSIUM HELD ST KOPANO NOKENG BLOEMFONTEIN ON THE 25 TO 27 JULY 2012 (CS16/1/1/R)(CS12/2/4)
RESOLVED:
that the contents of the report regarding the Water Symposium held on 25 to 27July2012 at KopanoNokeng, Bloemfontein, be noted.
ITEM 172/2012
(DEPARTMENT: CORPORATE SERVICES)
REPORT OF BENCHMARKING EXERCISE BY DIHLABENG LOCAL MUNICIPALITY CORPORATE SERVICES AT THE CITY OF JOHANNESBURG (CS12/2/4)
RESOLVED:
1.that the contents of the report about the special visit to the City of Johannesburg Metro Municipality on 21 May 2012 for benchmarking, be noted.
2.that the knowledge gained from the experience in 1 above, be implemented.
ITEM 173/2012
(DEPARTMENT: FINANCE)
DEBTORS AND INDIGENTS PER WARD (F5/13/1)
RESOLVED:
1.that Council takes note of the report on the debtors per ward.
2.that Council takes note of the indigents per ward.
3.that all Ward Councillors be requested to submit lists of child headed families in their respective wards.
4.that the registration of indigents should be an ongoing process and that Ward Councillors include indigent registration as a standing item in their Ward Committee Meetings.
5.that all Ward Councillors be requested to sign off indigent forms every Wednesday at the relevant Finance Department.
6.that the MMC for Finance be provided with a list of all Ward Councillors who did not comply every Thursday.
ITEM 174/2012
(DEPARTMENT: FINANCE)
PAYMENT RATE PER WARD (F5/13/1)
RESOLVED:
that Council takes note of the report regarding the payment rate per ward.
ITEM 175/2012
(DEPARTMENT: FINANCE)
INCENTIVES FOR THE PAYMENT OF DEBT (F5/1/P)(F5/13/1)
RESOLVED:
1.that the early settlement discount scheme not be approved due to the fact that the disadvantages outweigh the advantages.
2.that Council approves an incentive of a lucky draw were five consumers are selected drawn randomly and they get their next month’s account free up to a maximum of R5000.
3.that Council approves that a 10% discount on long outstanding debt will be given to residential consumers who settle their accounts within one year pending approval by the debt write-off committee.
ITEM 176/2012
(DEPARTMENT: FINANCE)