Decisions - Council - 2015-10-28 - durban.gov.za Minutes and D… · Web viewKindly note that the...

KRR(2015-10-28)(SAM)[CHALL-134826] 2015-10-30

COUNCIL DECISION CIRCULAR : MEETING HELD ON 2015-10-28

TO ALL DEPUTY CITY MANAGERS AND HEADS:

Attached please find decisions adopted by the Council at its meeting held on 2015-10-28.

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.

- 2 - (eThekwini MunicipalityCouncil Decisions - 2015-10-28)

1. FIRST REPORT OF THE EXECUTIVE COMMITTEE : MEETING HELD ON TUESDAY, 2015-10-27

1.1 REPORT OF THE HUMAN SETTLEMENTS AND INFRASTRUCTURE COMMITTEE: MEETING HELD ON 2015-10-13

(Page R1)

1.1.1 Zibambele Poverty Alleviation Programme (4/3/5/3):(Page 13 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13

COMMITTEE RECOMMENDS:

1.1.1.1 That the remuneration of beneficiaries on the Zibambele Poverty Alleviation Programme be increase from R800.00 (Eight Hundred Rand only) per month to R850.00 (Eight Hundred and Fifty Rand) per month with effect from 1st July 2015.

1.1.1.2 That the remuneration of overseers appointed prior to the 1st July 2014 on the Zibambele Poverty Alleviation Programme be reinstated at R4 150.00 (Four Thousand One Hundred and Fifty Rand Only) per month with effect from 1 July 2015 with no further increases until such time that the gap for the daily rate between beneficiaries and overseers has been narrowed to a ratio 1:1.4

1.1.1.3 That overseers appointed prior to the 1st July 2014 on the Zibambele Poverty Alleviation Programme, and whose salaries were reduced to R3024 (Three Thousand and Twenty Four Rand only) per month, be back paid an amount of R1 126.00 (One Thousand One Hundred and Twenty Six Rand only) per month for the respective period (approximately 8 months).

1.1.1.4 That the remuneration of overseers on the Zibambele Poverty Alleviation Programme be increased from R3024 (Three Thousand and Twenty Four Rand only) per month to R3205 (Three Thousand Two Hundred and Five Rand only) per month, such amount being equal to 1.4 times the daily rate for beneficiaries.

(Provided 2015/16); R76 034 911.00 Exclusive of Management Fees.Business Unit: 48910.4085.38135Contract No.: Zibambele; FC No.: 48/059ADOPTED.

1.1.2 Proposed Sale of Portion A of Erf 590 Isipingo by Private Treaty to Hectowell Investments (Pty) Ltd (17/2/1/2/3):(Page 16 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


1.1.2.1 That the Municipality declares in terms of Section 14 of the Municipal Finance Management Act 56 of 2003 that:-

1.1.2.1.1 The property described as proposed Portion A of Erf 590 Isipingo is not required for providing the minimum level of basic Municipal services; and


1.1.2.1.2 The open market value of the property is currently assessed at a value of R1 360 000.00 (One Million Three Hundred and Sixty Thousand Rand Only) exclusive of VAT and that the economic and community values have been considered.

1.1.2.2 That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, Proposed Portion A of Erf 590 Isipingo, in approximate extent 972 square metres depicted on Plan No. SJ 4645/10 be sold in freehold by private treaty to Hectowell Investments (Pty) Ltd, (Registration Number 2010/16549/07) at a price of R1 360 000.00 (One Million Three Hundred and Sixty Thousand Rand Only) exclusive of VAT, such purchase price reflecting the current market value of the land as assessed by a registered Valuer.

1.1.2.3 That in the event of objections being lodged to the proposed disposal of Proposed Portion A of Erf 590 Isipingo, the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy headed "Resolution of Disputes, Objections, Complaints and Queries" for final decision.

1.1.2.4 That an occupational levy of 10% of the purchase price be paid by Hectowell Investments (Pty) Ltd in respect of the occupation of Proposed Portion A of Erf 590 Isipingo.

1.1.2.5 That authority be granted to the Bid Adjudication Committee to consider the report to deviate from the procurement process in order to formally sell proposed Portion A of Erf 590 Isipingo to Hectowell Investments (Pty) Ltd in terms of Section 36(1)(a)(v) of the Supply Chain Management Regulations.

1.1.2.6 That in the event of the sale not being finalized within six (6) months from the date of Council authority being granted, the Head: Real Estate be authorised to review the purchase price in line with the current market value of the property where there has been a change in the market value.

1.1.2.7 That the Head: Real Estate be authorized to sign all necessary documents to conclude the agreement.

1.1.2.8 That the sale of proposed Portion A of Erf 590 Isipingo only proceed after all objections received from the members and representative of the Jadwat family in respect of the expropriation of various properties in Isipingo have been withdrawn.ADOPTED.

1.1.3 Integrated Rapid Public Transport Network Phase 1: Acquisition of Properties Required for Road Development to Accommodate BRT Route C1 (17/2/1/1/1/12/6.KR) (17/2/1/1/4):(Page 27 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


1.1.3.1 That an offer and payment of R231 587.19 (Two Hundred and Thirty One Thousand Five Hundred and Eighty Seven Rand Nineteen Cents only); excluding VAT, plus interest be made in full and final settlement of all claims, to Extra Dimensions 188 (Proprietary) Limited (Registration Number: 2001/015830/07), in terms of Section 11 (1) of the Expropriation Act.


1.1.3.2 That subject to the adoption of .1 above, the Head: Real Estate be authorized to sign the Compensation Agreement as contained in the report by the by the Head: Real Estate dated 2015-09-09.

Vote: P7848.74185.5017; R263 500.00 (To be met via Adjustment Budget)FC No.: 50/C002ADOPTED.

1.1.4 Proposed Sale of Land: Erf 773 Umlazi-U to The Methodist Church of Southern Africa (17/2/1/2/3):(Page 34 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


1.1.4.1 That the Municipality declares in terms of Section 14(2)(a) and (b) of the Municipal Finance Management Act 56 of 2003 that:-

1.1.4.1.1 The property described as Erf 773 Umlazi U is not required for providing the minimum level of basic Municipal services; and

1.1.4.1.2 The fair market value of the land is R550 000.00 (Five Hundred and Fifty Thousand Rand Only) and the Social and community values to be received has been considered.

1.1.4.2 That in terms of Section 40(2)(b)(i) of the Supply Chain Management Policy read together with Regulation 7 of the Municipal Assets Transfer Regulations, Erf 773 Umlazi U, Registration Division FT, Province of KwaZulu-Natal in extent 4763m² as depicted on Plans No. SJ 4585/10 and SG 548/1998, be sold in by private treaty to The Methodist Church of Southern Africa at the price of R313 500.00 (Three Hundred and Thirteen Thousand Five Hundred Rand only) which represents fifty percent of the unencumbered value of the land inclusive of VAT, subject to the terms and conditions of agreement No. 7214.

1.1.4.3 That authority be granted to the Bid Adjudication Committee to consider a report to deviate from procurement process in order to formally sell Erf 773 Umlazi U to The Methodist Church of Southern Africa in terms of Section 36(1)(a)(v) of the Supply Chain Management Regulations.

1.1.4.4 That in the event of objections being lodged to the Proposed sale, when it is statutorily advertised, the matter be referred for resolution in terms of Section 50 of the Supply Chain Management Policy headed “Resolution of Disputes Objections, Complaints and Queries”.

1.1.4.5 That in the event of the sale not being finalized within six (6) months of the date of Council Authority being granted, a report be submitted by the Head: Real Estate to the Bid Adjudication Committee to review the purchase price in line with the current market value of the property where there has been a change in the market value.

1.1.4.6 That subject to the adoption of paragraphs .1 to .5 above and approval of the Bid Adjudication Committee, the Head: Real Estate be authorized to sign all documents to give effect to the transaction.ADOPTED.


1.1.5 Revision of Approved Annual Budget for the Interim Services Programme (7/1/2/2):(Page 45 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


1.1.5.1 That project authority be granted for Ndliyomlilo, Parkington, Redcliffe1 (Hilltop & KwaShabalala Umlazi V5, AAX4-Power Station, Umlazi V9/V6, Protea and Luthuli Area under the 2015/2016 financial budget for Interim Services Programme.

1.1.5.2 That in terms of Section 28 (2)(d) of the Municipal Finance Management Act, Committee approves the adjustment budget of Engineering Unit projects totaling R55 000 000.00 (Fifty Five Million Rand only) as set out in the report of the Head: Engineering dated 17 May 2015 for the 2015/2016 financial year.ADOPTED.

1.1.6 Authority to Appoint the University of KwaZulu-Natal in Terms of Section 36 of the Supply Chain Management Regulations to Conduct Research into Water and Sanitation Delivery: WS2015/132 (8/2/1/6/2&9/1/3):(Page 100 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


1.1.6.1 That for the reasons stated in the report of the Head: Water and Sanitation dated 2015-08-19, authority be granted to the City Manager to enter into formal Agreement with the University of KwaZulu-Natal in accordance with Memorandum of Understanding signed between eThekwini Municipality and the University of KwaZulu-Natal on 2015-07-16.

1.1.6.2 That subject of .1 above, authority be granted to the Head: Water and Sanitation to submit a report to the Bid Adjudication Committee in terms of Section 36 of the Supply Chain Management Regulations to appoint University of KwaZulu-Natal to develop research capacity at the University of KwaZulu-Natal and to conduct research into water and sanitation delivery for a further three-year period with effect from 2016-01-01 at a cost of R2.310m (excluding VAT) per annum.

Vote: 62130.10060; R1.155M; (Provided 2015/2016)R2.310M; (To be provided 2016/2017)R2.310M; (To be provided 2017/2018)R1.155M; (To be provided 2018/2019)

FC No.: 65/07ADOPTED.

1.1.7 WS 2015-135: Request for Authority to Transfer Funds (23/2/1/3/3/1):(Page 102 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


1.1.7.1 That for the reasons stated in this report WS2015/135 the Head: Water and Sanitation be authorised to proceed with the Project Y6291 (Kennedy Road Pump Station) at an estimated cost of R2 150 000.00 (Two Million One Hundred and Fifty Thousand Rand only) (excl. VAT).


1.1.7.2 That subject to .1 above, the Deputy City Manager : Treasury be authorised to include in his Adjustment Budget report the transfer of R1 500 000.00 (One Million Five Hundred Thousand Rand only) from Project Y6638 - McCausland PS refurbishment to Project Y6291 – Kennedy Road Pump Station for the 2015/2016 financial year.

Project No.: Y6291; R 650 000; (Provided 2015/16)R1 500 000; (to be met by adjustment budget 2015/16)

FC No.: 65/C01ADOPTED.

1.1.8 WS 2015/136: Request for Authority to Transfer Funds (7/1/2/2):(Page 104 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


That for the reasons stated in the report by the Head: Water and Sanitation dated 2015-08-17, authority be granted to the Deputy City Manager : Treasury to include in his Adjustment Budget report, the transfer of funds from projects where savings have been identified to various projects listed in the report for the 2015/2016 financial year.

R22 185 000.00; (To be met by savings via an adjustment budget 2015/2016)FC No.64/C02ADOPTED.

1.1.9 WS 2015/121: KwaDabeka 4 Resevoir Refurbishment and Rezoning: Ward 19 (23/1/11/3/1):(Page 107 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


1.1.9.1 That authority be granted for the refurbishment of the KwaDabeka 4 Reservoir and ancillary works at an estimated cost of R1 000 000.00 (One Million Rand only) (excl. VAT).

1.1.9.2 That subject adoption of .1 above, the Deputy City Manager : Treasury be authorised to include in his adjustment budget report the transfer of R1 000 000.00 (One Million Rand) from project X5188 – Reservoir Refurbishments to project No. X7990 - KwaDabeka 4 Reservoir Refurbishment and Rezoning for the 2015/2016 financial year.

Cost Centre : 69200; R1 000 000.00 (To be met by X5188 – Reservoir Refurbishment via an adjustment budget transfer in 2015/2016)

Project No.: X7990; FC No.: 64/C01ADOPTED.


1.1.10 Request for Authority to Transfer Funds for the Ntuzuma C Trunk Sewer Relay Project: Y8101: Ward 45: WS2015/139 (23/2/1/3/5/1):(Page 109 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


1.1.10.1 That subject to the obtaining of quotations and tenders where necessary, authority be granted for the implementation of Project Y8101, Ntuzuma C Trunk Sewer Relay.

1.1.10.2 That for the reasons stated in this report WS2015/139, authority be granted to the Deputy City Manager : Treasury to include in his Adjustment Budget report, the transfer of R1.2 million from project Y6111 Amanzimtoti Old Main Road Sewer Reticulation to Project Y8101 Ntuzuma C Trunk Sewer Relay.

Cost Centre 65510; FC No.: 64/C02Project No. Y8101; R1 200 000.00 ; (To be met by savings via an adjustment budget from project Y6111)ADOPTED.

1.1.11 Work in Excess of R500 000: New Electrical Supply to 2 Kalanded Road, Mayville, Ward 101, Drawing Number 2554857 (27/2/R):(Page 110 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


That authority be granted to the Head: Electricity to incur expenditure estimated at R14 630 000.00 (Fourteen Million Six Hundred and Thirty Thousand Rand only) through the normal goods and services procurement process to carry out the necessary construction in order to supply the new customer in Ward 101, at 2 Kalanded Road, Mayville.

DL 2554857 : R14 630 000; FC No.:79/CA1580To be provided in the 2015/2016, capital estimates ADOPTED.

1.1.12 Work in Excess of R500 000: Electrical Reticulation of KwaMashu J and K Section Informal Settlement: Ward 41 (DL 2721982) (27/2/R):(Page 111 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


That authority be granted to the Head: Electricity to incur expenditure estimated at R950 750 (Nine Hundred and Fifty Thousand Seven Hundred and Fifty Rand only) through the normal goods and services procurement process in order to provide for new electricity connections to the informal settlement in Ward 41, at KwaMashu J and K Section Informal Settlements.

Project Numbers: UGM00007, OHM00004, TSE00006, SL000005 : R950 750Provided in the 2015/2016, capital estimates FC No.:79/CA1585ADOPTED.


1.1.13 Work in Excess of R500 000: New Electrical Supply to 94 Spearman Road, Sydenham, Ward 31, Drawing Number 2569777 (27/2/R):(Page 112 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


That authority be granted to the Head: Electricity to incur expenditure estimated at R1 166 220 (One Million One Hundred and Sixty Six Thousand Two Hundred and Twenty Rand only) through the normal goods and services procurement process to carry out the necessary construction in order to supply the new customer in Ward 31, at 94 Spearman Road, Sydenham.

DL 2569777: R1 166 220To be Provided in the 2015/2016, capital estimates FC No.:79/CA1581ADOPTED.

1.1.14 Work in Excess of R500 000: New Electrical Supply to 429 Anton Lembede Street, Durban Central, Ward 28, Drawing Number 2681272 (27/2/R):(Page 113 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


That authority be granted to the Head: Electricity to incur expenditure estimated at R2 220 625 (Two Million Two Hundred and Twenty Thousand Six Hundred and Twenty Five Rand only) through the normal goods and services procurement process to carry out the necessary construction in order to supply the new customer in Ward 28, at 429 Anton Lembede Street, Durban Central.


1.1.15 Work in Excess of R500 000: New Electrical Supply to 486 King Cetshwayo Highway (Ima Hospital), Ward 30, Drawing Number 2486219 (27/2/R):(Page 114 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


That authority be granted to the Head: Electricity to incur expenditure estimated at R4 180 000 (Four Million One Hundred and Eighty Thousand Rand only) through the normal goods and services procurement process to carry out the necessary construction in order to supply the new customer in Ward 30, at 486 King Cetshwayo Highway, Meyville.



1.1.16 Work in Excess of R500 000: New Electrical Supply to 1 Fennis Close, Umbilo, Ward 33, Drawing Number 2643740 (27/2/R):(Page 115 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


That authority be granted to the Head: Electricity to incur expenditure estimated at R4 911 500 (Four Million Nine Hundred and Eleven Thousand Five Hundred Rand only) through the normal goods and services procurement process to carry out the necessary construction in order to supply the new customer in Ward 33, at 1 Fennis Close, Umbilo.


1.1.17 Work in Excess of R500 000: Medium and Low Voltage Electrical Reticulation: Mpandwini (Ward 100) : Drawing Number 1257452 (27/2/3/2):(Page 116 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


That authority be granted to the Head: Electricity to incur expenditure estimated at R2 148 400 (Two Million One Hundred and Forty Eight Thousand Four Hundred Rand only) through the normal goods and services procurement process to install approximately 4 100 metres of medium voltage and 5 700 metres of low voltage overhead conductors and 4 pole transformers, in order to supply electricity to approximately 150 potential customers in Ward 100, Mpandwini.

Project - DL 1257452: R2 148 400To be Provided in the 2015/2016, capital estimates FC No.:79/CA1576ADOPTED.

1.1.18 Work in Excess of R500 000: New Electrical Reticulation of Mqoqozi - Emolweni: Ward 2 (DL2185011):(Page 117 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


That the Head: Electricity be granted authority to construct a medium and low voltage reticulation system at an estimated cost of R1 022 500 (One Million Twenty Two Thousand Five Hundred Rand only), in order to provide for a new electricity connections to the residence in Ward 2, at Mqoqozi, Emolweni.

Account Code 80032: R1 022 500Provided 2014/2015; Capital EstimatesFC No.: 79/CA1558With the heading and recommendation having been AMENDED by the deletion of the word and figure “Ward 9” and the substitution therefor of the word and figure “Ward 2”, the above recommendations of the Executive Committee were ADOPTED.


1.1.19 Work in Excess of R500 000: Electrical Reticulation of Sim Place/ Effingham & Ramchand Roads Informal Settlement - Effingham: Ward 34 (DL 2721735) (27/2/3/2):(Page 118 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


That authority be granted to the Head : Electricity to incur expenditure estimated at R2 204 000 (Two Million Two Hundred and Four Thousand Rand Only) through the normal goods and services procurement process in order to provide for new electricity connections to the informal settlement in Ward 34, at Sim Place Informal Settlement, Effingham.

DL 2721735 : R2 204 000To be provided in the 2015/2016, capital estimates FC No.:79/CA1577ADOPTED.

1.1.20 Work in Excess of R500 000: Replacement of Electrical Infrastructure at Adrienne Avenue Distributor Substation 1288 and Davallen Avenue Distributor Substation 1904-DL Numbers: 1249049 and 3114495 (27/2R):(Page 119 :Human Settlements and Infrastructure Committee - Agenda 2015-10-13


That authority be granted to the Head: Electricity to incur expenditure estimated at R4 134 000 (Four Million One Hundred and Thirty Four Thousand Rand Only) through the normal goods and services procurement process in order to maintain statutory safety requirements and to improve the quality of supply to the customers in Glen Ashley, La Lucia and surrounding areas.

Account Code 80166 : R4 134 000Provided in the 2015/2016, capital estimates FC No.:79/CA1573ADOPTED.

1.1.21 Proposed 132/11 kV Moriah Substation (27/2/R):(Page 120 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


1.1.21.1 That in order to cater for the above development, authority be granted to the Head: Electricity to proceed with the establishment of a 132/11kV, initially 30 MVA firm Moriah Substation at a total estimated project cost of R71 300 000.00 (Seventy One Million Three Hundred Thousand Rand only).

1.1.21.2 That, subject to the adoption of the above recommendation, and in order to meet the expenditure mentioned therein, authority be granted for R600 000 (Six Hundred Thousand Rand only), R6 500 000 (Six Million Five Hundred Thousand Rand only), R46 100 000 (Forty Six Million One Hundred Thousand Rand only), and R18 100 000 (Eighteen Million One Hundred Thousand Rand only) to be provided in 2016/17, 2017/18, 2018/19 and 2019/20 capital estimates respectively and the forward capital programme to be adjusted accordingly.


1.1.21.3 That subject to adoption of .1 and .2 above, the Head: Real Estate be authorised to deviate from the Supply Chain Management Regulations and negotiate for the acquisition of any land and servitude rights required to implement the project, utilising Regulation 36 (1)(a)(ii) of the Supply Chain Management Regulations.

1.1.21.4 That subject to the adoption of 3. above and approval of the Bid Adjudication Committee pursuant to successful negotiations, the Head: Real Estate be authorised to sign the relevant agreements and all documents necessary to effect transfer of the required land and servitude rights to the eThekwini Municipality.

1.1.21.5 That the City Manager records the reasons for any deviations and report it to the next meeting of Council and includes it as a note to the annual financial statements in terms of Section 36(2) of the Supply Chain Management Regulations.

1.1.21.6 That in the event of negotiations being unsuccessful the Head: Real Estate be authorised to expropriate the affected property and to sign all documents necessary to give effect to the expropriation.

Vote TM0141; R600 000, R6 500 000, R46 100 000 and R18 100 000 to be provided in 2016/17, 2017/18, 2018/19 and 2019/20 financial years respectively.

FC No.: 79/CA1575ADOPTED.

1.1.22 Contract No. WS 6219, Wirtz Road Area: Construction of Sewer Reticulation: Ward 63: Transfer of Funds Between Approved Projects: WS2015/133 (23/2/1/3/5/1):(Page 138 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


That for the reasons stated in the report of the Head: Water and Sanitation dated 2015-07-14, authority be granted to the Deputy City Manager: Treasury to include in his adjustment budget, the transfer of R913 600 .00 (Nine Hundred and Thirteen Thousand Six Hundred Rand only) from Project Y7048 to Project Y6521.

Cost Centre: 65420; R913 595.29; (to be provided from Y7048 in 2015/2016 via an Adjustment Budget) Project No.: Y6521; FC: 65/C07ADOPTED.

1.1.23 Request for Authority to Demolish and Dispose of the Boulder Glen Wastewater Pump Station: WS2015/148 (23/1/11/2/1/2):(Page 139 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


That for the reasons stated in the report of the Head: Water and Sanitation dated 2015-09-14, retrospective authority be granted to the Head: Water and Sanitation to demolish and dispose of the Boulder Glen Wastewater Pump Station in Queensburgh.Vote No.: 64999.07709; R56 509.20 (NBV)No FC Required as prior year entry ADOPTED.


1.1.24 Nanofiltration Membrane Water Purification Treatment Plant for Various Boreholes in the eThekwini Municipality Report No.WS 2014/081 (23/1/11/2/1/1):(Page 140 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


That for the reasons stated in the report the Head: Water and Sanitation dated 2015-09-14, authority be granted to the Deputy City Manager : Treasury to include in his adjustments budget Report, the transfer of R2 403 354.00 (Two Million Four Hundred and Three Thousand Three Hundred and Fifty Four Rand only) from Project X6307 Upgrade to Ogunjini WTW to Project X3218 Nanofiltration Water Purification Treatment Plant for Various Boreholes within eThekwini Municipality.

Project No.: X3218; R2 403 354.00; (To be met by savings via an adjustment budget, from X6307)

FC No.: 6/C06ADOPTED.

1.1.25 WS 2015/145: Addition to Report WS 2015/111 for the Acquisition of Land for Clansthal 4 Reservoir and Inlet: Ward 99 (7/2/1/1/2):(Page 142 : Human Settlements and Infrastructure Committee - Agenda 2015-10-13


1.1.25.1 That the Head : Real Estate be authorised to acquire by private treaty or expropriation the land and servitude required for construction of Clansthal 4 Reservoir and Inlet.

1.1.25.2 That subject to adoption of .1 above, it be noted that the approval of the Bid Adjudication Committee will be sought to deviate from Supply Chain Management Regulations for the Head: Real Estate to negotiate directly with the property owner for the acquisition of the property in question using Section 36 (1)(a)(ii) of the Supply Management Regulations.

1.1.25.3 That in the event of negations being unsuccessful the Head: Real Estate be authorised to expropriate the affected property.

1.1.25.4 That in the event of negotiations being successful, the City Manager record the reasons for the deviations and report at the next meeting of the Council and include it as a note to the Annual Financial Statements in terms of Section 36(2) of Municipal Supply chain Management Regulation.

Cost Centre : 69200; Project No.: X4240ADOPTED.


1.2 REPORT OF THE ECONOMIC DEVELOPMENT AND PLANNING COMMITTEE: MEETING HELD ON 2015-10-15

(Page R10)

1.2.1 Summary of the Energy Efficiency and Cleaner Production Audit Report as Part of Durban Tourism’s Responsible Tourism Programme (20/1/4/3 and 27/1/1/6):(Page 59 : Economic Development and Planning Committee - 2015-10-15)


1.2.1.1 That based on the report by the Deputy City Manager (Treasury) dated 2015-07-29, National Department of Tourism has recommended that 2 BEE establishments will be retrofitted with all green technologies as stipulated in the report on their audit of their respective establishments based on their incentive guidelines of:-

1.2.1.1.1 The establishment must comply with the following:-

1.2.1.1.1.1 Registered entity – CC or (Pty) Ltd; a valid Tax Clearance Certificate; a BEE Certificate; the establishment should be graded; establishment should be in operation for the next 3 years; and that any previous green or responsible tourism certification is preferred.

1.2.1.1.2 That Council notes that in the first phase, Durban Tourism has chosen two BEE accommodation establishments of the 10 that submitted their interest to be part of the audit programme.

1.2.1.1.3 That the following two (2) establishments were chosen to retrofit the green technologies:-

1.2.1.1.3.1 Mabhida Lounge- Inanda.

1.2.1.1.3.2 Jay ‘n Bee Bed and Breakfast- Westville.

1.2.1.2 That the report by the City Manager dated 2015-07-29, relative to a Summary of the Energy Efficiency and Cleaner Production Audit Report as Part of Durban Tourism’s Responsible Tourism Programme, be noted.NOTED.

1.2.2 Reprioritisation of Funds : Installation of Fire Detection System and Major Hazard Enhancement (JDE Upgrade)(10/2/2 and 29/1/2/6):(Page 64 : Economic Development and Planning Committee - 2015-10-15)


1.2.2.1 That the Chief Information Officer: Information Management Unit be authorised to reprioritise R6 150 606.46 (Six Million One Hundred and Fifty Thousand Six Hundred and Six Rand and Forty Six Cents Only) from projects indicated in the below tables, for the completion of the Installation of Fire Detection System.


1.2.2.2 That the Chief Information Officer: Information Management Unit be authorised to reprioritise R8 833 000.00 (Eight Million Eight Hundred and Thirty Three Thousand Rand Only) from projects indicated in the below tables, for meeting contractual commitment for Major System Enhancement project.

Reprioritisation Table

Reprioritised Projects Prioritised Projects

Description Vote Number

Amount (R) Total amount required in (R)

Description Vote Number

Datacentre Infrastructure: Consolidation & Modernisation

O1068.74185.9001

R2 904.606.46 R6 150 606.46

Radio Comm Infrastructure

O3013. 74185.9001

R3 246 000.00

Fibre, Wireless, Monitoring and Wide Area Network

O1031.74185.9001

R3 848 000.00 R8 833 000.00 Major System Enhancement

O1082.74185.9001

eLearning O1055.74185.9001

R790 000.00

Enterprise Architecture

O1056.74185.9001

R1 000 000.00

Video Conferencing O1058.74185.9001

R395 000.000

Desktop Infra: Upgrades/Equip

O1061.74185.9001

R1 700 000.00

Information Technology Computers

1.73400.12103

R1 000 000.00

ADOPTED.

1.2.3 Bluff Beaches Area : Progress Report on Public Realm Upgrade, Community Consultation; and Authority to Finalise Detailed Designs for Short Term Interventions (25/2/2/1):(Page 68 : Economic Development and Planning Committee - 2015-10-15)


1.2.3.1 That the status quo report by the City Manager dated 2015-07-29, relative to the Bluff Beaches Project be noted.

1.2.3.2 That the Head: Engineering and the Head: Water & Sanitation Unit undertake and finalise the necessary detailed technical and financial assessment in order to ascertain the requirements for implementing the urgent remedial work required in the Bluff Beaches area, including liaison with other technical units where required.

1.2.3.3 That the Head: Engineering Unit undertakes and finalises the necessary detailed technical and financial assessment in order to liaise with Transnet and ascertain the requirements for implementing the urgent remedial work required along the Umlaas and Stanvac Canals, at Cutting Beach.


1.2.3.4 That the Head: Parks Recreation & Cemeteries Unit reports and facilitates related information requirements regarding the upgrading of all recreational facilities including picnic areas, multi-community building usage, access, swimming pool and other as indicated in this report in support of mentioned technical and financial assessment.

1.2.3.5 That the Head: Economic Development and Investment Promotion Unit finalises an implementation plan for the short-term objectives of the Bluff Beaches upgrade to be implemented in the next 3 - year cycle of the Medium Term Expenditure Framework.

1.2.3.6 That the Head: Economic Development and Investment Promotion Unit reports back to the Economic Development and Planning Committee, on the technical and financial assessments finalised by the Heads of Engineering and Water Services, with regards to an implementation plan for the urgent remedial work required at the Bluff Beaches.

No FC. required.ADOPTED.

1.2.4 Request to Authorise Support of eThekwini Filmmakers Association Programmes (20/2/3):(Page 75 : Economic Development and Planning Committee - 2015-10-15)


1.2.4.1 That the continued support of the eThekwini Filmmakers Association Programme by eThekwini Municipality, be noted.

1.2.4.2 That subject to the approval of .1 above, the City Manager be duly authorised to conclude a Memorandum of Agreement (MOA) relating to the eThekwini Municipality’s commitment to support the eThekwini Filmmaker’s Association, to give effect to the above.

1.2.4.3 That subject to .1 and. 2 above, the Head: Economic Development and Investment Promotion Unit be duly authorised to disburse funds to the eThekwini Filmmakers Association to the sum of R400 000.00 (Four Hundred Thousand Rand Only) (excluding VAT) for the 2015/16 financial year, in terms of the Municipal Finance Management Act (MFMA) and in accordance with the Memorandum of Agreement.

1.2.4.4 That subject to the approval of .1, .2., and .3 above, the Head: Economic Development and Investment Promotion Unit keeps the City’s leadership informed of progress and ultimate outcomes.

Vote No.: 26106.12360 R400 000.00 (Excl. VAT) Provided 2014/15FC No.: 18/27ADOPTED.


1.2.5 EThekwini Municipality Co-operatives Development Strategy (4/3/5/3):(Page 79 : Economic Development and Planning Committee - 2015-10-15)


1.2.5.1 That the Co-operatives Development Strategy document circulated undercover of a report by the City Manager dated 2015-06-25 be approved as it will provide an enabling environment for the development of viable and self-sustaining co-operatives which participate meaningfully in both the first and second economy, in alignment with the provincial, national and international policies and strategies.

1.2.5.2 That subject to the adoption of .1 above, the Head: Business Support & Markets Unit keep the Economic Development and Planning Committee informed of progress with regards to implementation of the Co-operatives Development Strategy.ADOPTED.

1.2.6 Development of an Urban Heat Island Model and Recommendations for “Cool Durban” (32/2/1/1/1): (Page 130 : Economic Development and Planning Committee - 2015-10-15)


1.2.6.1 That the information contained in the report by the City Manager dated 2015-05-26, relative to the Development of an Urban Heat Island Model and Recommendations for “Cool Durban” be noted and that the project, be supported.

1.2.6.2 That subject to .1 above, the Energy Office be mandated to implement the project, in collaboration with other relevant Departments, at an estimated cost of R2 5000 000.00 (Two Million Five Hundred Thousand Rand Only) which is available through the Integrated City Development Grant (ICDG).ADOPTED.

1.2.7 Maritime Industry Development Programme (20/1/6/3):(Page 142 : Economic Development and Planning Committee - 2015-10-15)


1.2.7.1 That the Head: Economic Development and Investment Promotion Unit be duly authorised to continue participating and supporting the Maritime Industry Development Programme.

1.2.7.2 That subject to the approval of .1 above, the City Manager be duly authorised to conclude a Memorandum of Agreement (MOA) to give effect to .1 above.

1.2.7.3 That subject to .1 and .2 above, the Head: Economic Development and Investment Promotion be duly authorised to provide funding to the eThekwini Maritime Cluster (a non-profit company) to the sum of R2 100 000.00 (Two Million One Hundred Thousand Rand Only) (excluding VAT) for the 2015/16 financial year; R2 500 000.00 (Two Million Five Hundred Thousand Rand Only) (excluding VAT) for the 2016/17 financial year, and R3 000 000.00 (Three Million Rand Only) (excluding VAT) for the 2017/18 financial year, in terms of Section 67 of the Municipal Finance Management Act (MFMA) and in accordance with the Memorandum of Agreement.


1.2.7.4 That the Head: Economic Development and Investment Promotion Unit be authorised to report progress on the initiative on an annual basis.

Vote Number Amount Year

26102.09195 R2 100 000.00 (Excl. VAT) (Provided in 2015/16)




1.2.8 Expropriation of a Right of Way Land Owner Rights Across Properties within the Giba Gorge Environmental Precinct; (B) Expropriation of a Servitude Across Properties in Clifton Canyon for the Provision of a Compensatory Alternative Public Right of Way Access; (C) and the Upgrading of the Dirt Track which Aligns with the Proposed Alternative Right of Way to the Minimum Gravel Road Standards as Stipulated by the eThekwini Transport Authority (17/2/1/1/4):(Page 201 : Economic Development and Planning Committee - 2015-10-15)


1.2.8.1 That given the importance of the Giba Gorge Environmental Precinct (GGEP) as an environmental conservation area and a successful community amenity, and the threat that upgrading and vehicular usage of the existing dirt track through the Precinct would pose to members of the community and the fauna and flora which utilise the GGEP, it is recommended:

1.2.8.1.2 That approval be granted for the Expropriation of a right of way servitude (RoW) land owner rights across properties within the Giba Gorge Environmental Precinct (GGEP).

1.2.8.1.3 That subject to the approval of item .1 above, the expropriation of way servitude across properties in Clifton Canyon for the provision of a compensatory alternative public right of way access for affected properties, be approved.

1.2.8.1.4 That subject to the approval of .1 and .3 above, the upgrading of the dirt track which aligns with the proposed alternative right of way to the minimum gravel road standards as stipulated by the eThekwini Transport Authority, be approved.

Vote No.: S7010 R1 348 747.00 (To be met via Adj. Budget 2015/16- 2016/17)FC No.: 46/CA08ADOPTED.

1.2.9 Durban Point Development Company (Pty) Ltd Rates Relief:(Page 236 : Economic Development and Planning Committee - 2015-10-15)

The Democratic Alliance enquired whether the practice adopted to defer payment of rates by the Durban Point Development Company was not setting undesirable precedent. A suggestion was made to consider rates rebate rather than complete deferment. In response, it was advised that full rates was payable but was currently deferred to allow the company to focus on developing the area. It was confirmed that there was provision for rates deferment in the Rates Policy.



1.2.9.1 That Durban Point Development Company (Pty) Ltd be granted a deferment of rates in view of its short-term cash flow constraints, subject to the following:-

1.2.9.1.1 That in view of the strategic importance of the Point Waterfront Development to the City, Council approves the deferment of rates for properties registered in the name of Durban Point Development Company (Pty) Ltd for the period of 2014 July to 2019 June, it being understood that when transfer of any land parcel takes place to any other party, rates will become payable. Any rates accrued up to point of sale on the remaining properties will remain deferred until the expiration of the deferment period of 2019-06-30, at which date the entire accumulated amount will become due and payable.Recommendation 1.2.9.1 above AMENDED by the insertion of the words “payment of” between the words “granted a deferment of” and “rates in view of”, and thereafter ADOPTED.

1.2.10 Umgababa Swimming Pools: Authority to Increase Allocation and Revise Cash Flow in the MTEF:(Page 274 : Economic Development and Planning Committee - 2015-10-15)


1.2.10.1 That the allocation for the construction of the Umgababa swimming pools be increased from R42 500 000.00 (Forty Two Million Five Hundred Thousand Rand Only) to R47 000 000.00 (Forty Seven Million Rand Only) (excluding VAT) and the cash-flow for part of the funds in the MTEF be revised, in order for the Umgababa Swimming Pools to be constructed timeously.

1.2.10.2 That subject to the adoption of .1 above, the Head: Economic Development and Investment Promotion be granted authority to undertake the necessary administration in order to implement the Umgababa swimming pools project.

Umgababa Swimming Pools R13 500 000.00 (Provided in 2015/16)R33 500 000.00 (Provided in 2016/17)(to be regularised via adjustment budget)

FC No.: 18/CA30ADOPTED.

1.2.11 Progress on Implementation of Integrated Aerotropolis Strategy (21/14/1):(Page 249 : Economic Development and Planning Committee - 2015-10-15)


1.2.11.1 That eThekwini Municipality adopt the Integrated Aerotropolis Strategy (IAS).

1.2.11.2 That the eThekwini Municipal Council notes and provides guidance on the development of the Durban Aerotropolis Strategy.

1.2.11.3 That Infrastructure Development (Road Network, rail, bulk water, sewage treatment, energy) within the Airport/Dube City be the focus of Government investment in the medium term expenditure period.ADOPTED.


1.3 REPORT OF THE GOVERNANCE AND HUMAN RESOURCES COMMITTEE: MEETING HELD ON 2015-10-15

(Page R16)

1.3.1 Review of Stipends Payable to Volunteers at Soup Kitchen and Transportation of Soup to Beneficiaries (19/1/1/1/2):(Page 12 : Governance and Human Resources Committee - Agenda 2015-10-15)


1.3.1.1 That in order to accommodate escalating transport costs and improve dedication to this project, an amount payable to volunteers at the soup kitchen sites be increased from R75.00 (Seventy Five Rand) to R100.00 (One Hundred Rand) per day with effect from 01 July 2015.

1.3.1.2 That in order to accommodate fuel and other vehicle related costs escalation, an amount payable for the transportation of the soup to beneficiaries be increased from R230.00 (Two Hundred and Thirty Rand) to R245.00 (Two Hundred and Forty Five Rand) per day with effect from 01 July 2015.

1.3.1.3 That it be noted that based on the existing rates paid to the volunteers the cost is R7 171 200.00 (Seven Million One Hundred and Seventy One Thousand Two Hundred Rand) per annum. The revised rates will cost an additional R1 857 600.00 (One Million Eight Hundred and Fifty Seven Thousand Six Hundred Rand) per annum. Sufficient funds exist in the 2015/2016 financial year budgets to incur additional expenditure.

Vote No.: 32309.06351; FC No.: 06/16ADOPTED.

1.3.2 National Population Registration Campaign (19/1/1/5):(Page 14 : Governance and Human Resources Committee - Agenda 2015-10-15)


That authority be granted for the Head: Community Participation and Action Support to implement the National Population Registration Campaign in line with the existing partnership, as per the Memorandum of Understanding (MOU) between the eThekwini Municipality and the Department of Home Affairs, at a total amount of R2 451 000.00 (Two Million Four Hundred and Fifty One Thousand Rand) to cover the payment of stipend to a number of 120 volunteers to be engaged for the duration of the MOU; equipment and venue costs; transport; and refreshments costs where required.

Financial Implications:

Vote 32305.12306 R1 980 000.00; (Payment of stipend up to June 2016)Vote 32305.06756 R 400 000.00; (Cost of equipment and venues)Vote 32305.11908 R 50 000.00; (Transport)Vote 32305.09740 R 21 000.00; (Refreshments)FC No.: 06/01ADOPTED.


1.3.3 EThekwini Religious Leaders Summit (13/1/1/1):(Page 54 : Governance and Human Resources Committee - Agenda 2015-10-15)

The Committee having noted that the initial Summit date had passed (2015-10-23), it was proposed that a suitable date be set in consultation with the relevant stakeholders in the first instance and thereafter hosting be undertaken accordingly.

In response to a query by the Democratic Alliance on the reason to fund this Summit while some Churches were financially stable, it was clarified that the Summit comprised various religious bodies rather than a specific Church and that forming the Religious Leaders Forum was the City's initiative. Hence, the City intended to support the Forum and will also look at joint initiatives to address social ills within the eThekwini Municipal area.


1.3.3.1 That authority be granted for the Head: Community Participation and Action Support to host the eThekwini Religious Leaders Summit on a date still to be confirmed with relevant stakeholders, it being recorded that the Summit is aimed at promoting the involvement of Religious Leaders and their role within the Government and considering their views or inputs in shaping and implementing Government decisions.

1.3.3.2 That subject to the adoption of .1 above, authority be granted for the Head: Community Participation and Action Support to incur expenditure in the amount of R109 250.00 (One Hundred and Nine Thousand Two Hundred and Fifty Rand) for the Summit and funds to be made available in the 2015/2016 financial year as indicated in the table below:-

ITEM COST VOTE

Hiring of venue R18 000.00 32313.06785

Hiring of equipment and Décor R20 000.00 32313.06786

Catering: Tea and Lunch R56 250.00 32313.04240

Printing and Stationery R15 000.00 32313.09040

TOTAL R109 250.00

1.3.3.3 That it be noted that at the eThekwini Religious Leaders Elective Conference held on 25 August 2015, the following Religious Leaders were elected to be part of eThekwini Religious Leader's Forum, namely, Pastor Sbongile Mpontshan (Chairperson); Reverend Sfiso Jali (Deputy Chairperson); Pastor Trevor Shezi (Secretary); Pastor Celumusa Xulu (Deputy Secretary); Reverend Thobelani Bhengu (Public Relations Officer); Apostle Siziwe Chili (Fundraising Officer); and Father Sheik Walid Rei Saadi (Project Officer), with the hosting of the Summit forming part of the Action Plan developed and amongst the issues to be discussed in the Summit relate to street children issues; vagrants; xenophobia; and illegal abortion.



1.3.4 Regional Campaigns and Programs Driven by Themes of Each Month and Provision of Logistical Support to Operation MBOS (2/3/2/1/2):(Page 58 : Governance and Human Resources Committee - Agenda 2015-10-15)


1.3.4.1 That authority be granted for the Head: Community Participation and Action Support to implement the Regional Campaigns and Programs aligned to themes of each Month and provision of Logistical Support to Operation MBOs to provide capacity building to field workers to effectively handle service delivery issues at the Ward level for Municipal Departments to make appropriate interventions without delays.

1.3.4.2 That authority be granted for the Head: Community Participation to incur expenditure in the amount of R287 250.00 (Two Hundred and Eighty Seven Thousand Two Hundred and Fifty Rand) to implement the Programme in six Regions of the eThekwini Municipality, namely, South: 12 Wards; South Central: 18 Wards; Central West: 20 Wards; Outer West: 17 Wards; North: 18 Wards; and North Central : 18 Wards, it being recorded that the intention is to conduct programmes in 50 Wards which will be in a form of three (3) programmes per Regions and per quarter to commence from August 2015 to June 2016.

Vote (Various); R287 250.00; FC No.: 06/12ADOPTED.

1.3.5 Proposed T.A.S.K. Job Evaluation Policy (4/1/3):(Page 61 and Page L9 : Governance and Human Resources Committee - Agenda 2015-10-15)

The Executive Committee resolved to defer consideration of the proposed TASK Job Evaluation Policy to ensure alignment with the National South African Local Government Association (SALGA) TASK Job Evaluation Policy.

Accordingly,


1.3.5.1 That Council notes that consideration of the TASK Job Evaluation Policy has been deferred to ensure alignment with the National South African Local Government Association (SALGA) TASK Job Evaluation Policy.NOTED.

1.3.6 Proposed Official Opening of the Pinetown Human Resources Computer Laboratory, 7 Meller Road (4/3/1):(Page 108 : Governance and Human Resources Committee - Agenda 2015-10-15)


1.3.6.1 That the proposed official opening of the Pinetown Human Resources Computer Laboratory for the implementation of eCareers services aimed at communicating the purpose and benefits of using eCareers to view and apply for multiple vacancies of the eThekwini Municipality online, be approved.


1.3.6.2 That authority be granted for the Chairperson of the Governance and Human Resources Committee to identify a suitable dated for the official opening in consultation with the Deputy City Manager : Corporate and Human Resources and thereafter invite the relevant stakeholders.

Vote No. 12773.09320; R25 000.00; FC No.: 14/12ADOPTED.

1.3.7 Travel & Subsistence Allowance Policy Review (4/5/1/8/P):(Page 207 : Governance and Human Resources Committee - Agenda 2015-10-15)


That the revised Travel and Subsistence Allowance Policy as contained in the report by the Head: City Administration dated 2015-03-17, aimed at providing clarity and economic efficiency in terms of international and domestic travel including other related matters, be adopted, for implementation when arranging travel for Councillors and Officials representing eThekwini Municipality on Municipal business.Recommendations REFERRED BACK to the Executive Committee to enable the matter to be workshopped in the first instance by the Executive Committee and relevant Councillors.

1.3.8 Naming of Streets in Ward 103 Covering Bothas Hill (25/4/15/1):(Page 257 : Governance and Human Resources Committee - Agenda 2015-10-15)


That the following proposed and reviewed names for the unnamed Streets in Ward 103 covering Bothas Hill as contained in the report of the Deputy Head: Corporate Geographic Information Systems dated 2015-09-09 and indicated on Plan STN 09/09/15 GDC, be approved.

Street Code Proposed Name Reviewed Name Meaning

66001 STR Ntininiza NTININIZA CRESCENT Founder of the land reclamation in area.

66002 STR Lucky James Ndlovu

LUCKY JAMES NDLOVU ROAD

Activist who brought UDF and ANC into the area.

66006 STR Nkululeko NKULULEKO STREET Celebrate the 1994 victory as the ANC.

66009 STR Vilakazi VILAKAZI CLOSE Honouring the tribe name.

66010 STR Ezihlabathini EZIHLABATHINI STREET Famous for playing in the riverbed of sand.

66011 STR Mazwakhe MAZWAKHE WAY First freedom fighter in the area who was shot by a taxi owner while fighting for the people.

66012 STR Imbokodo IMBOKODO ROAD Honouring women. You strike the women you strike the rock.

66013 STR Meyili MEYILI STREET Activist and freedom fighter who died for the cause.

66014 STR Impala IMPALA WALK A fast running graceful animal

400267 STR Simon Ngcobo SIMON NGCOBO PLACE First African man to work in Don McKenzie Hospital.

400444 STR Mvuselelo MVUSELELO WALK Spiritual: Bring back to life.

ADOPTED.


1.3.9 South Basin ABM Programme (2/3/2/1/2):(Page 327 : Governance and Human Resources Committee - Agenda 2015-10-15)


1.3.9.1 That authority be granted for the Head :Sizakala Customer Service Centre to implement the South Durban Basin ABM Project including:-

1.3.9.1.1 SDB Sustainable Clean-up and Joint Enforcement operation through the Service Delivery Forum to coordinate and facilitate targeted clean-up and enforcement operations targeting priority areas by mobilising Service Units; Business; Councillors; Community Structures; Civil Society Organisations; Education; and Enforcement Agencies to collaborate in planning, implementation, monitoring, reporting and evaluation of the Sustainable Clean-up and Enforcement Operations.

1.3.9.1.2 South Durban Basin ABM Annual Service Delivery Workshop to facilitate service delivery in a co-ordinated; integrated and efficient manner;

1.3.9.1.3 Councillors, War Room Chairpersons and Ward Committee Secretaries Briefing Session to strengthen community participation in the affairs of the Municipality and influence SDB ABM Business Plan;

1.3.9.1.4 South Durban Basin ABM Overnight Enforcement Operations/Raids to deal with contravention of the Municipal By-Laws;

1.3.9.1.5 National Arbor Week Campaign aimed at raising awareness about the value and importance of sustainable environment; socio-economic development; and ultimately promote community participation;

1.3.9.1.6 Community Response Guide for Emergencies' Workshops to disseminate community response strategies in the event of emergency incidents in view of the South Durban Basin area being surrounded by bulk chemical facilities; pipelines; oil refineries; and high volume road/rail transportation of hazardous freight.

1.3.9.2 That authority be granted for the Head :Sizakala Customer Service Centre to incur expenditure in the amount of R235 000.00 (Two Hundred and Thirty Five Thousand Rand) to implement the South Durban Basin ABM Programme.

Vote 32051.08485; R235 000.00; FC 29/03ADOPTED.

1.3.10 Proposed eThekwini Municipality Television (12/3/1/5):(Page 347 : Governance and Human Resources Committee - Agenda 2015-10-15)

The Democratic Alliance abstained on this matter at the Support Committee Level. At the Executive Committee the Democratic Alliance requested that this item should be accompanied by the costs breakdown to understand support required from the Municipality.

During discussion, it was confirmed that the Municipality supports this initiative which would serve as a critical tool to showcase the City's achievements to the members of the public. It was confirmed that the service provider participated at the recent Small Business Fair without requesting support from the City.



1.3.10.1 That the proposed concept of introducing the eThekwini Municipality Television (EMTV) to provide a comprehensive synchronised digital solution that is prompt; responsive; and expedient for provision of highly effective customer service within Sizakala Customer Service Centres, be adopted.

1.3.10.2 That subject to the adoption of .1 above, authority be granted for the Head: Sizakala Customer Service Centre to engage external service providers, in line with the Municipal Supply Chain Management processes, to investigate and recommend a suitable comprehensive synchronised solution in preparation to roll out the project within the Municipality.ADOPTED, by a majority vote

1.3.11 Corporate and Human Resources Benchmarking Exercise with Johannesburg and Tshwane Metros: 26 - 27 October 2015 (2/1/7/4):(Page L12 : Governance and Human Resources Committee - Agenda 2015-10-15)


1.3.11.1 That the request for the Corporate and Human Resources Cluster to conduct benchmarking exercise with the Johannesburg and Tshwane Metro on 26 and 27 October 2015 respectively, as part of the completion and fast-tracking of its institutional review process, be approved.

1.3.11.2 That subject to approval of .1 above, authority be granted to the Chairperson of the Governance and Human Resources Committee to appoint two Councillors to be part of benchmarking exercise to join officials from Corporate and Human Resources. ADOPTED.

1.3.12 Implementation of Community-Based Planning Programme (2/3/2/1/2):(Page L13 : Governance and Human Resources Committee - Agenda 2015-10-15)


That authority be granted for the Head: Community Participation and Action Support to incur expenditure in the amount of R720 800.00 (Seven Hundred and Twenty Thousand Eight Hundred Rand) to continue with the Implementation of the Community-Based Planning Programme in Wards 33; 24; 65; 19; 32; 31; 30; and 63 as per the dates contained in the report of the Head : Community Participation and Action Support dated 2015-10-08.

Vote No.: 32311.04241; R720 800.00; FC No.: 06/26ADOPTED.

1.3.13 Report for the International Day for Rural Women (12/9/12):(Page L7 : Governance and Human Resources Committee - Agenda 2015-10-15)

The Democratic Alliance abstained on the matter at the Support Committee level. At the Executive Committee level, the Democratic Alliance having queried the transfer of unspent funds to host the International Day for Rural Women, it was advised that this was a critical event for the City given the hardships suffered by rural women.



1.3.13.1 That authority be granted for the Head : Community Participation and Action Support to host the International Day for Rural Women on 2015-10-18 at eWushwini Sportsfield, Ward 09 KwaNgcolosi, to join global annual celebrations, as part of empowering rural women and accelerate rural economy development and improve rural women skills to carry out economical activities to earn decent living.

1.3.13.2 That subject to the adoption of .1 above, authority be granted for the Head: Community Participation and Action Support to incur expenditure not exceeding an amount of R500 000.00 (Five Hundred Thousand Rand) for the International Day for Rural Women, it being recorded that funds will be sourced through budget virement to utilise unspent amounts earmarked for certain Women's Month activities which did not occur.

Vote No. 32314.09710; R500 000.000; FC 06/25ADOPTED.

1.3.14 Masakhane Outreach Programme (2/3/2/1/2):(Page L8 : Governance and Human Resources Committee - Agenda 2015-10-15)

The Democratic Alliance submitted that a decision on this matter was taken when the meeting was inquorate. The Chairperson elaborated on the reasons for the Democratic Alliance leaving the meeting which was purely not related on agenda items. It was then agreed to accept the item at the Executive Committee level since the meeting was quorate.


That authority be granted for the Head: Community Participation and Action Support to incur expenditure in the amount of R351 000.00 (Three Hundred and Fifty One Thousand Rand) for the implementation of the Masakhane Outreach Programme within the eThekwini Municipal area as a tool to bring awareness about various Municipal services and the responsibility for parties on service delivery issues.ADOPTED.

1.4 REPORT OF THE COMMUNITY AND EMERGENCY SERVICES COMMITTEE: MEETING HELD ON 2015-10-21

(Page R42)

1.4.1 Volunteers – Durban Natural Science Museum and Art Gallery (4/3/5/2):(Page 31 : Community and Emergency Services Committee – Agenda 2015-10-21)

The Community and Emergency Services Committee considered a report dated 2015-08-05 by the City Manager in the above regard the purpose of which was to seek Council authority to increase the honoraria paid to volunteers that render valuable services to the Natural Science Museum and the Art Gallery. It was noted that volunteers were paid a rate intended to cover travelling, parking and other incidental costs, thus enabling the Volunteers to offer their services at no extra cost to themselves.



That the resolution of the erstwhile Durban City Council dated 1985-10-21, as amended, authorizing the payment to voluntary workers in the Museums Department (now Heritage Section), in 2010, be further amended by the substitution for the amounts “R15, 00” and “R1 500, 00” with “R31, 25” and “R3 125, 00” respectively.

Vote No.: 15510.12305 (DAG – Volunteers);15520.12305 & 15521.12305 (NSM – Volunteers)Total cost R542 230, 00 (2015/16 funds provided)


1.4.2 Grant-In-Aid : Request for 2015/16; 2016/17 and 2017/18 : Catalina Theatre; K-Cap and The Bat Centre (Art Centres) (7/14/1):(Page 33 : Community and Emergency Services Committee – Agenda 2015-10-21)

In a report dated 2015-07-10 by the City Manager, it was requested that Council affords the three above-mentioned Art Centres an amount of R1 060 000, 00 (One Million and sixty thousand Rand) on a three-year term renewable grant-in-aid in line with the City's Grant-in-Aid policy in order to facilitate growth in the local skills development and the economy of the local creative industries.


1.4.2.1 That a grant to K-CAP to the value of R1 060 000, 00 (One Million and Sixty Thousand Rand) for 2015/16 financial year, subject to the submission of the latest audited financial statements, be approved.

1.4.2.2 That a grant to Catalina Theatre to the value of R1 060 000, 00 (One Million and Sixty Thousand Rand) for 2015/16 financial year, subject to the submission of the latest audited financial statements, be approved.

1.4.2.3 That a grant to the Bat Centre to the value of R1 060 000, 00 (One Million and Sixty Thousand Rand) for 2015/16 financial year, subject to the submission of the latest audited financial statements, be approved.

1.4.2.4 That a further grant-in-aid of R1 060 000, 00 (One Million and Sixty Thousand Rand) plus an upward adjustment equal to the Consumer Price Index (CPI) to K-CAP for 2016/17 and 2017/18 financial years respectively subject to budgetary constraints, be approved.

1.4.2.5 That a further grant-in-aid of R1 060 000, 00 (One Million and Sixty Thousand Rand) plus an upward adjustment equal to the Consumer Price Index (CPI) to Catalina Theatre for 2016/17 and 2017/18 financial years respectively subject to budgetary constraints, be approved.

1.4.2.6 That a further grant-in-aid of R1 060 000, 00 (One Million and Sixty Thousand Rand) plus an upward adjustment equal to the Consumer Price Index (CPI) to Bat Centre for 2016/17 and 2017/18 financial years respectively subject to budgetary constraints, be approved.


1.4.2.7 That subject to the adoption of 1, 2, 3,4, 5 and 6 above, the Deputy City Manager: Community and Emergency Services be mandated to engage all three (3) Art Centres in consultation with other relevant Council Departments in order to develop a Memorandum of Agreement for the financial years 2015/16; 2016/17 and 2017/18.

1.4.2.8 That subject to the adoption of 1, 2, 3, 4, 5 and 6 above, authority be granted to the City Manager to sign the three-year Agreement, covering all aspects as required in terms of Section 67 of the Municipal Finance Management Act (MFMA).

Vote No.: 15503.06620.00004 (K-CAP); R1 060 000.00; Provided 2015/2016Vote No.: 15503.06620.00001 (Bat Centre); R1 060 000.00; Provided 2015/2016Vote No.: 15503.06620.00002 (Catalina Theatre); R1 060 000.00; Provided 2015/2016


1.4.3 African Forum on Urban Safety First Meeting from 2015-12-01 to 02 (14/1):(Page 39 : Community and Emergency Services Committee – Agenda 2015-10-21)

The Community and Emergency Services Committee considered a report dated 2015-09-30 by the City Manager in the above regard, the purpose of which was to seek approval for the African Forum on Urban Safety Secretariat to host the African Forum on Urban Safety First meeting in Johannesburg. It was noted that eThekwini had requested to host a regional platform for the exchange of experiences and lessons learned among cities in Africa that shared a common concern on improving safety in cities. The bid was accepted by the Steering Committee and approved by the UN-Habitat on the basis of the illustrative safety practice that Durban had demonstrated since 2000 whilst receiving technical support from the Agency.

The conference was proposed to take place on 2015-12-01 to 02, coinciding with the observance of the International Day on Violence against Women. This Conference would also be arranged on a back to back arrangement with the eight sessions of the Africities Summit which will take place in Johannesburg from 2015-11-29 to 2015-12-05.


1.4.3.1 That authority be granted for His Worship the Mayor, Councillor JS Nxumalo, as the African Forum for Urban Safety (AFUS) Secretariat, through the Head : Safer Cities to host the African Forum on Urban Safety First Meeting in Johannesburg during the Africities Summit, 2015-12-01 to 2015-12-02.

1.4.3.2 That authority be granted for His Worship the Mayor, Councillor JS Nxumalo, two (2) Councillors, a representative from "Imagine Durban" and the Head : Safer Cities to attend the Africities Summit in Johannesburg from 29 November to 05 December 2015.

1.4.3.3 That authority be granted for the Head: Safer Cities to allocate the amount of R1 550 000.00 (One Million Five Hundred and Fifty Thousand Rand) with the following requirements and estimated costs:-

1.4.3.3.1 Venue Hire - R350 000, 00


1.4.3.3.2 Audio equipment and video - R200 000, 00

1.4.3.3.3 Catering - R150 000, 00

1.4.3.3.4 Event material - R300 000, 00

1.4.3.3.5 Shuttle service from airport, hotel and venue - R50 000, 00

1.4.3.3.6 Communications and Branding - R150 000, 00

1.4.3.3.7 Webpage design & content management R70 000, 00

1.4.3.3.8 Interpreter - R130 000, 00

1.4.3.3.9 Event Co-ordinator to be appointed - R150 000, 00

Vote : 24511.06911; R1 550 000,00; F.C No. 009/14/15ADOPTED.

1.4.4 National Training Symposium (14/1):(Page L14 : Community and Emergency Services Committee – Agenda 2015-10-21)

It was noted that the purpose of the report was to seek approval for 37 Members of the eThekwini Municipality's Fire and Emergency Services Unit to participate as delegates to the National Conference and further participate in the Motor Vehicle Rescue, High Angle Rescue and Toughest Firefighter Alive competitions which form part of the Conference. Approval is also sought for four officials from Disaster Management and Emergency Control Unit, three Councillors and the Deputy City Manager : Community and Emergency Services Cluster to attend as delegates.


1.4.4.1 That authority be granted to the Acting Head : Fire and Emergency Services Unit and the Head : Disaster Management and Emergency Control Unit to allow for a delegation of 41 Members to attend the Southern African Emergency Services Institute Conference to be held in Johannesburg from 2015-11-01 to 06, the costs of which are indicated in Annexure A of the report by the City Manager dated 2015-09-28, together with three Councillors and the Deputy City Manager: Community and Emergency Services.

1.4.4.2 That the intention to use Council vehicles for the conveyance of Municipal employees and associated equipment to and from the event in accordance with a Council resolution dated 1993-10-14, be noted.

(Votes : Various; R 419 220, 00; FC 1516/03)ADOPTED.


1.4.5 2015/16 Events Plan : Parks, Recreation and Culture Unit, Library and Heritage Department, Natural Science Museum (13/2/1/1/1):(Page L16: Community and Emergency Services Committee - Agenda 2015-10-21)

The Community and Emergency Services Committee, in a report dated 2015-09-30 by the City Manager, was apprised of the current and upcoming Natural Science Museum events and programmes. Project authority was also sought for the implementation of the Museum's 2015/16 Calendar, as per the City Manager's Circular 15/2015.


That project authority be granted to the Deputy City Manager : Community and Emergency Services Committee to co-ordinate and implement the programmes indicated in the report of the City Manager dated 2015-09-30 relative hereto, as per the directives contained in the City Manager's Circular No. 15/2015.

(Votes : 15520. various; R652 000.00 (provided 2015/16); FC 34/287)ADOPTED.

1.4.6 Assessment, Review and Updating of Air Quality Management Plan for eThekwini Municipality (30/2/4/2/3):(Page L17 and attached hereto as Annexure C : Community and Emergency Services Committee – Agenda 2015-10-21)

The Community and Emergency Services Committee was apprised of the progress made with the eThekwini Municipality's Air Quality Management Plan Review and Update project.


That the contents of the report of the City Manager dated 2015-10-19, relative to the Assessment, Review and Updating of Air Quality Management Plan for eThekwini Municipality, be noted, it being recorded that the Stakeholder meetings as reflected in item 8 thereof, relative to Projects Elements Remaining, will be held on the proposed dates indicated therein.ADOPTED.

1.4.7 Progress Report : Proposed International Collaborative Project Between the Dutch Government, eThekwini Municipality (Health Unit) and Transnet Ltd (32/1/1/1/3/2):(Page L18: Community and Emergency Services Committee – Agenda 2015-10-21)

Having considered the report of the City Manager dated 2015-10-10 in the above regard and it having been requested that three Councillors from the Community and Emergency Services Committee accompany His Worship the Mayor to the signing ceremony of the Memorandum of Understanding in Johannesburg, the Community and Emergency Services Committee



1.4.7.1 That the Memorandum of Understanding (MOU), Work Plan and associated activities, relative to the proposed international collaborative project between the Dutch Government, eThekwini Municipality (Health Unit) and Transnet Ltd, be approved.

1.4.7.2 That subject to the approval of .1 above, authority be granted to the Deputy City Manager : Community and Emergency Services to commence arrangements for the MOU signing ceremony to be held in Johannesburg on 2015-11-17 as per the letter from the Ambassador of the Kingdom of the Netherlands dated 2015-10-08.

1.4.7.3 That, subject to the approval of .1 above, authority be granted for the Technical Staff, indicated in Section 3 of the aforementioned report of the City Manager, to attend the Skills, Transfer and Capacity Building programme in the Netherlands.

1.4.7.4 That three Councillors from the Community and Emergency Services Committee be nominated to accompany His Worship the Mayor, Councillor JS Nxumalo to the MOU signing ceremony to be held in Johannesburg on 2015-11-17.ADOPTED.

1.4.8 Request for the Approval to Exchange Birds Between Umgeni River Bird Park and Besters Wild Life (31/1/1/1):(Page L19: Community and Emergency Services Committee – Agenda 2015-10-21)

The Community and Emergency Services Committee considered a report dated 2015-09-07 by the City Manager in the above regard, the purpose of which was to seek approval for the exchange of Birds between the Municipality's Umgeni River Bird Park and Bester's Wildlife, of equal values as per the list attached to the aforesaid report of the City Manager.


1.4.8.1 That for the reasons stated in the report of the City Manager dated 2015-09-07, approval be granted to the Deputy City Manager : Community and Emergency Services Committee to arrange for the exchange of Birds, of equal value, between Council's Umgeni River Bird Park and Bester Wildlife to the value of R185 350, 00 (One Hundred and Eighty Five Thousand and Three Hundred and Fifty Rand only) as per the list attached to the aforesaid report of the City Manager.

1.4.8.2 That the list of Birds, in terms of Zoological Information Management System (ZIMS), be updated to reflect the Birds received from Bester Wildlife by Umgeni River Bird Park and vice versa.ADOPTED.


1.5 REPORT OF THE TOWN PLANNING SUB-COMMITTEE: MEETING HELD ON 2015-10-22

(Page R94)

1.5.1 Application in Terms of Chapter 2 of the KwaZulu-Natal Planning and Development Act No. 6 of 2008 for the Amendment to the South Scheme by Increasing the Coverage from 50% to 60% on a Site Zoned by Special Zone 18 (21/7/6):(Page 5 :Town Planning Sub-Committee - Agenda 2015-10-22)


1.5.1.1 That the application in terms of Chapter 2, Section 13(4) of the KwaZulu-Natal Planning and Development Act (Act No. 6 of 2008), the amendment to the South Scheme by increasing the coverage from 50% to 60% on a site zoned by Special Zone 18, is recommended for APPROVAL for the following reasons:

1.5.1.1.1 The proposal for increase in coverage to this hospital site is well below the permitted coverage of other hospital sites within the greater eThekwini Municipal area.

1.5.1.1.2 This hospital is the only private hospital between Amanzimtoti and Port Shepstone and is a long existing land use.

1.5.1.1.3 There is no charge in the land use.

1.5.1.1.4 The application has not attracted any written comments from the IsiZulu and English newspaper advertisements as well as the 100m radius neighbouring properties.

1.5.1.1.5 The impact of the proposal on the existing area is a desirable one as it will permit the further advancement of quality health care within the Southern Region with minimal impact on the existing residential amenity.

1.5.1.1.6 The title deed for the application site has no restrictive conditions relevant to the amendment to the South Scheme.

1.5.1.1.7 All critical time frames have been met.

1.5.1.1.8 All line function departments have supported the application and there have been no written comments from the advert process.ADOPTED.

1.5.2 Combined Application in Terms of the Provisions of the Spatial Planning and Land Use Management Act, No 16 of 2013 for: (21/7/3)

1. The Rezoning of Portion 10 and Portions of the Proposed Remainder of Erf 379 Umhlanga Rocks from Special Zone 6: Ngcebeleka Emhlanga to Road Reservation:

2. The Rezoning of Portions of Proposed Portion 14 of Erf 379 Umhlanga Rocks from Road Reserve to Special Zone 6: Ngcebeleka Emhlanga:

3. The Amendment to the North Scheme of the eThekwini Municipality by Amending the Provisions of the Special Zone6: Ngcebeleka Emhlanga:

(Page 48 :Town Planning Sub-Committee - Agenda 2015-10-22)


With Councillors GDA Pullan and GM Noyce both from the Democratic Alliance abstaining for the following reasons:-

● Changes of height restrictions from 5 storeys to 29 storeys.● The accommodation of the Taxi Rank,


1.5.2.1 That in terms of the provisions of the Spatial Planning and Land Use Management Act, No 16 of 2013, the amendment to the North Scheme of the eThekwini Municipality: (Umhlanga District) by:-

(a) The rezoning of Portion 10 and Portions of the Proposed Remainder of Erf 379 Umhlanga Rocks from Special Zone 6: Ngcebeleka Emhlanga to Road Reservation;

(b) To rezone Portions of proposed 14 of Erf 379 Umhlanga Rocks from Road Reserve to Special Zone 6: Ngebeleka Emhlanga.

(c) Amendment to the North Scheme of the eThekwini Municipality by amending the provisions of Special Zone 6: Ngcebeleka Emhlanga.

(d) Adoption of the Traffic Impact Assessment dated 2015-07-20, Report No. 6664/106878/07, as part of the approval.

Be APPROVED subject to the following conditions:-

1.5.2.1.1 A Storm Water Management Plan from a Professional Engineer be submitted with the building plans.

1.5.2.1.2 All the conditions stipulated by eThekwini Traffic Authority, as part of their approval is to be adhered and complied with.

1.5.2.1.3 The developer is responsible for all development contributions at the building plan stage.

1.5.2.1.4 The proposed zone and the amendment of the scheme would not have a negative impact or any loss of amenity in the area.

1.5.2.1.5 The optimal use of built and natural resources are environmental and economically sustainable.

1.5.2.1.6 The proposal discourages urban sprawl by allowing residential and employment opportunities to be situated in closer proximity to each other.ADOPTED.

1.5.3 Application in Terms of the Spatial Planning and Land Use Management Act No. 16 of 2013 and Section 9 and 22 of the KwaZulu-Natal Planning and Development Act No.6 of 2008 for: (21/7/4):

1. Amendment to the Boundary of Special Zone 91.

2. Amendment to the Clauses of Special Zone 91.

3. Sub-Division of a Portion of Land within Special Zone 91(Page 138 :Town Planning Sub-Committee - Agenda 2015-10-22)



1.5.3.1 That in terms of The Spatial Planning and Land Use Management Act No. 16 of 2013 and Chapters 2 and 3 of the KwaZulu-Natal Planning and Development Act No. 6 of 2008, the amendment to the boundary of Special Zone 91: Point waterfront as depicted on the Development Framework Plan, be APPROVED for the following Reasons:

1.5.3.1.1 The existing cadastral extends into the ocean, it is therefore necessary to amend the site boundary to reflect the changes that have occurred as well as tie in with the proposed Development Framework Plan.

1.5.3.1.2 The development will be situated behind the building set back line and the land north of the building set back land will be used as the promenade extension and maintained by the City and it is therefore crucial that the Special Zone 91: Point Waterfront boundary reflect these changes.

1.5.3.1.3 The scheme clauses provisions for Special Zone 91: Point Waterfront be replaced with the following scheme clauses:-

1.5.3.1.3.1 “Special Zone 91 Point Waterfront: Amended Zone Table September 2015 for Council Approval

Special Zone 91: Point WaterfrontAmendment 20151. Scheme IntentionThe purpose of this zone will be to accommodate a wide range of recreational, entertainment, residential, shopping, business, commercial, community, service industrial and related activities and any other activities that would ordinarily be accommodated within a city environment, in such a way that the uses contribute towards the creation of a dynamic, harmonious and well balanced city precinct of the highest aesthetic, landscaping and urban design quality that promotes the notion of African urbanism.

Colour Notation:

2. VisionThe vision for the development of the Point Waterfront is contained within the Development Framework Plan entitled “The Point-Durban, Revised Development Framework Plan, June 2015”, as amended and approved by the Head: Development Planning, Environment and Management from time-to-time.

The vision is based on the following development principles:a. The creation and promotion of an urban quality of lifeb. Ensuring the maintenance of a human scalec. The creation of a pedestrian friendly environmentd. The creation of a legible urban environmente. The maintenance of a clean, well-managed and safe environmentf. An emphasis on mixed-use developmentsg. The ability to provide for a Site / Block integration in an appropriate manner

The Design and Review Panel established by the Primary Developer in terms of the Zone must ensure that the above vision and principles and the intentions of the approved Development Framework Plan are met in all development proposals and recommendations.

3. Land Use and Development Land use and Development within the Special Zone 91: Point Waterfront will be managed through a package of plans and a maximum permitted development floor area. This approach is intended to achieve flexibility in the implementation of the scheme.


Special Zone 91: Point Waterfront4. The Package Of Plans and Delegations will consist of:

4.1. A Development Framework Plan prepared by the Primary Developer and amended from time-to-time.

4.2. Precinct Plans for each of the precincts as identified in the Development Framework Plan, prepared by the Primary Developer and amended from time-to-time.

4.3. Building Plans approved in terms of the National Building Regulations and/or relevant legislation.

4.4. The Development Framework Plan and Precinct Plans and any amendments thereto will be approved by, or in a manner determined by, the Head: Development Planning Environment and Management.

4.5.5. Management of Development Rights – Maximum Permitted Floor Area Bank

5.1. The management of Development Rights is in terms of a "Permitted Floor Area Bank" and the vesting of all of the Development Rights contained in the Permitted Floor Area Bank with the Primary Developer, through whom and by whom, within the provision of this Special Zone, all rights are allocated.

5.2. The maximum permitted development floor area within the boundary of Special Zone 91: Point Waterfront will be 750,000m2.

5.3. However, within this maximum, development will be limited to a maximum floor area of 650,000m2 until such time as an additional link into the area has been implemented.

5.4. An amendment to increase the maximum permissible floor area of 750,000 m2 will require a scheme amendment in terms of the relevant Planning Legislation.

5.5. The maximum Floor Area Rights include the rights that have been allocated to uShaka Marine World i.e. 40,000m2 for retail, recreation, or entertainment or office purposes. Any additional Development Rights desired by uShaka must be acquired from the Primary Developer.

5.6. The total amount of Development Rights will be held in a "Permitted Floor Area Bank" which is effectively controlled and managed by the Primary Developer, in conjunction with the Local Authority.

5.7. The manner in which the Development Rights held in the Permitted Floor Area Bank will be sold / transferred / distributed and used shall be in accordance with the approved Development Framework Plan.

5.8. The Primary Developer shall be responsible for maintaining an accurate record of the "drawdown" of Rights from the Permitted Floor Area Bank. The Primary Developer must submit audited, quarterly reports on the status of Rights within the Permitted Floor Area Bank. The Local Authority may retain its own record as a reference.

5.9. Each building Plan Submitted to the Municipality must stipulate in the area schedule an accurate record of the current permissible Floor area as per the permitted floor area bank.

6. Land UsesPrimary Special Consent Precluded

Action Sports Bar Arts and Craft

Workshop Art Gallery Beach Amenity

Facility Boarding House Boat Launching Site Bottle Store Buildings or

Structures for Navigational Aid

Convention Centre Conference Facility Crèche Dive Charter Dwelling House Educational

Establishment Flat Government and

Municipal Health and Beauty

Any uses not included in Primary Use (Column 1) (unless where permitted by the Head: Development Planning, Environment & Management) and Precluded Column.

Special Building

Adult Premises Agricultural Activity Agricultural Land Airport Builders Yard Caravan Park Cemetery / Crematorium Correctional Facility Container Depot Industry - Extractive Industrial - General Industrial - Noxious Landfill Mobile Home Park and

Camping Ground Mortuary Motor Garage Motor Vehicle Test Centre Motor Workshop Reform School Riding Stables Scrap yard Truck Stop


Special Zone 91: Point WaterfrontClinic

Health studio Hotel Industry - Light Institution Laundry Medium Density

Housing Museum Multiple Unit

Development Office Office - Medical Parkade Place of Public

Entertainment Place of Public

Worship Private Open Space Public Open Space Public Convenience Refreshment Kiosk Restaurant / Fast-food

Outlet Retirement Centre Shop Side walk cafes Sports and Recreation Utilities Facility Any Other Uses

Considered By The Head : Development Planning, Environment & Management to be ancillary to the aforementioned uses

7. Sidewalk and Canal Servitudes7.1. The sidewalks and canals within the POINT WATERFRONT may be owned by the

Local Authority, but in line with the principles on which the POINT WATERFRONT is developed, the Lot Owners Association, subject to separate written agreement with the Local Authority, will have a "User Right" over the sidewalks and canals through the mechanism of "Sidewalk" and "Canal" Servitudes or any other mechanism that may be agreed to by the Local Authority and with the relevant conditions that will be agreed to by the Local Authority.

7.2. The intention is to enable the sidewalks and canals to become places of vibrant activity and where the public and private realms 'blur" together. It is however essential that the activities, maintenance, cleansing and security if these spaces be carefully and thoroughly managed. These management tasks would be the responsibility of the LOA.

8. Design Review Panel and Development Manual8.1. A Design Review Panel will be established by the Primary Developer and will be

responsible for the review and assessment of all development proposals by Secondary Developers in a manner to be determined by the Primary Developer.

8.2. The Local Authority will not approve any Building Plan of Secondary Developers unless it has been recommended for approval by the Design Review Panel and provided that the relevant Precinct Plan has been approved by the Local Authority in the manner described in Section B.

8.3. The recommendation of Building Plans by the Design Review Panel shall only occur once the purchaser/site developer has adhered to all requirements of the zone and the Precinct Plans.


Special Zone 91: Point Waterfront8.4. The composition, function and responsibilities will be detailed by the Primary Developer

but must include Local Authority representation.8.5. A Development Manual will be formulated by the Primary Developer for secondary

developers which will guide developers in terms of the Point Waterfront's vision and principles, as well as, in terms of architectural requirements and controls. This will be concerned with "good practice" and the need to ensure that suitable, facilitative oriented documentation is available for investors and will be used together with the DFP and Precinct Plans to guide the Design and Review Panel in making recommendations on building plans prior to submission to the Local Authority for approval.

9. Consolidation and Sub-division9.1. Nothing within the Scheme or this zone shall prohibit the consolidation and/or

subdivision of blocks within the Development Framework provided that the overall traffic network is not jeopardised.

10. Height10.1. The maximum height within the Zone is 55 storeys on Block 5.6, 41 Storeys on Block 5.4

and 39 storeys on Block 2.1 as shown on the Development Framework Plan.

11. Building Line, Side and Rear Spaces11.1. Building Line = nil unless where otherwise indicated in the Precinct Plans.11.2. Side and Rear space = nil unless where otherwise indicated in the Precinct Plans.

12. Floor Area Ratio12.1. Floor Area is managed in terms of the Development Rights Bank as per clause 6. 12.2. Site by site floor area ratios may be suggested in the Precinct Plans as approved by the

Head: Development Planning, Environment & Management and amended from time-to-time and managed by the primary developer.

13. Land Use Distribution13.1. The land use mix within the Special Zone Area will not be limited, however the mix of

uses across the whole zone should accord with the ratio used in the Transportation Study (Iliso June 2015), and shall be managed and recorded by the Primary Developer as part of the Development Rights Bank i.e. the maximum floor area of any use should be

Residential (including Holiday Homes) 63% Office (including medical offices and financial institutions)16% Retail (including restaurants and entertainment) 8% Hotel (including all usual ancillary hotel uses) 13%

13.2. These figures may vary up or down by 20% without affecting the traffic distribution. Any further deviation (i.e. beyond 20%) is subject to a revised Traffic Impact Assessment and approval by the Head eTA and the Head: Development Planning, Environment and Management.

14. Parking and Loading14.1. Private parking will be provided on site for the residential and hotel uses and would

generally not be available for use by others even when the bay is not in use.14.2. Public parking would normally be provided at on site public areas or offsite parking

garages and are available for use by the general public. Land uses for which this is applicable include offices, retail and entertainment. Some level of access control would be employed for these areas for commercial and/or security reasons.

14.3. The parking requirements for any other use or activity that does not fall within the categories listed below shall be determined according to the Scheme or as per the Head: Development Planning, Environment and Management if the Scheme does not provide for any specific type of activity.

14.4. Public parking will be provided and managed by the Local Authority on Lot 6.2 within a parking garage to be constructed, as well as on street and in a designated area/s under the promenade. This will include parking requirements for uShaka.

14.5. Acknowledging that the development of the Point Waterfront is based on a mix of land uses, a pedestrian friendly environment and promotes the use of public transport, parking shall be provided at the following ratios:

Land Use Exclusive Use Parking Ratios Shared Parking Ratios1 or 2 Bedroom unit 1.5 bays per unit


Special Zone 91: Point Waterfront3 Bedroom unit 1.75 bays per unit4 Bedrooms and above 2 bays per unitEntertainment* 5.95 bays per 100m2

GLAHotel 1.0 bay per roomOffice 3.4 bays per 100m2 GLARetail 4.25 bays per 100m2

GLA* Entertainment is defined as follows:-

Casino and related uses, i.e. restaurants, cinemas, night clubs and places of amusements, etc.

Place of amusement including games arcades, indoor go-carts, ten-pin bowling, snooker halls, etc.

Place of entertainment including, cinemas, theatres, etc. Restaurants, mainly a La Carte, family restaurant chains but excluding fast food outlets. Social halls

14.6. To calculate the parking requirements for mixed use buildings follow the method below:

Determine the actual floor areas and unit numbers for each individual land use type within each mixed use area.

Apply the parking ratios in 14.5 above to all land uses. Apply the time related percentage accumulation factors as per the table below to each of

the shared land use types (entertainment, office, retail) for both weekend and weekday scenarios.

Sum the individual land-use parking bay numbers for each time period to establish the peak parking requirement for shared land uses.

Hour 0fDay

Office % Retail % Entertainment%Weekday Saturday Weekday Saturday Weekday Saturday

06:00 3 - - - -2.51e+36

-

07:00 20 20 8 3 -08:00 63 60 18 10 -09:00 93 80 42 30 -10:00 100 80 68 45 -11:00 100 100 87 73 -12:00 90 100 97 85 3013:00 90 80 100 95 7014:00 97 60 97 100 7015:00 93 40 95 100 7016:00 77 40 87 90 7017:00 47 20 79 75 7018:00 23 20 82 65 8019:00 7 20 89 60 9020:00 7 20 87 55 10021:00 3 - 61 40 10022:00 3 - 32 38 10023:00 - - 13 13 8024:00 - - - - 70

14.7. Loading shall be provided is accordance with the Durban Planning Scheme.

15. Calculating Floor AreaFor the purposes of calculating the total permissible floor area in the Special Zone, the following

shall be taken into account:-15.1. All wall thicknesses, closed balconies, closed verandas, closed corridors and closed

staircases shall be included.15.2. Awnings, canopies, arbours, colonnades, balconies, within the sidewalk area shall not be

included.15.3. Any portion of the building which is below first floor level and which is shown on the

plan as designed or intended as a covered area for the deposit of daily refuse shall not be


Special Zone 91: Point Waterfronttaken into account.

15.4. Parking areas (covered and uncovered) shall not be included in FAR and coverage calculations.

15.5. The floor area of all outbuildings shall be taken into account.15.6. An uncovered swimming pool situated entirely in the open and a lift motor room, an

electronic transformer and meter room and a mechanical ventilation and air-conditioning plant room shall not be taken into account.

15.7. Where the conveniences for use by the public are provided within a shopping complex, either as a separate building or as part of a building where access thereto is from a shopping mall, arcade or the like or from a parking area or other open area accessible to the public, then the floor area of such conveniences shall not be taken into account when calculating the total permissible floor area.

15.8. For the purpose of calculating the total permissible floor area of a building, the total area of the subdivision shall exclude the area of any existing street and any area reserved for new street purposes; provided that the council may, in its absolute discretion and on such conditions as it deems fit, permit the whole or any portion of such reserved area to be taken into account and the exercise of rights conferred by any such permission shall not be affected by the subsequent vesting in the council of the rights in or to such reserved area either by transfer or by any other means.

16. Precinct Plans16.1. The Special Zone area will be divided into a number of Precincts as may be determined

by the Primary Developer.16.2. A Precinct Plan may be comprised of any number of sites.16.3. The Primary Developer will be responsible for the preparation of Precinct Plans but must

ensure that there is Local Authority input prior to final submission of the Precinct Plan for approval.

16.4. The Precinct Plans must be submitted to the Local Authority's Head: Development Planning and Management for approval.

16.5. An approved Precinct Plan may be amended from time to time and approved in a manner deemed appropriate by the Head: Development Planning, Environment & Management depending on the nature of the amendment.

16.6. The Precinct Plan shall provide details of the following, where applicable:-- Land Use categories- List of sites within the Precinct- Block subdivisions/land assembly proposals- Details of site areas- Site information relating to topographic features, elevation etc.- Details of total maximum Development Rights potential- Maximum Floor Area per site- Maximum Heights per site- Parking provisions and requirements- Primary and secondary access and egress points to sites- Building Lines, Build To lines and Building Restriction Areas if applicable- Side and Rear Space provisions if applicable- Inclusion of Building Control Lines where applicable and conditions relevant

thereto- Road network- Pedestrian circulation- Landscaping of streetscape- Existing and proposed servitudes- Identification of sites requiring specific architectural responses (including

historical buildings- Identification of important/sensitive features and/or landmarks- Inclusion of Erosion Lines where applicable and conditions relevant thereto- Areas identified for formalised street trading if applicable- Areas identified for taxi lay-byes if applicable- Areas identified for other public transport facilities if applicable- Areas identified for parking structures if applicable- Areas identified for canal taxi stops if applicable- Details of uShaka Island Marine Theme Park interface if applicable


Special Zone 91: Point Waterfront- Details of canal interface if applicable and typical cross sections- Use of sidewalks- Use of canal and canal edges if applicable- Beach interface details if applicable- Indication of where additional details, investigations, approvals are required- Additional site specific design/planning controls where applicable- Linkages to adjacent/future precincts- Other specific conditions and features determined through detail precinct

design- Any other issues that need to be included as may be required by the Head :

Development Planning & Management- Any other issues that may be required by the Primary Developer- Where not relevant/applicable any of the above issues need not be included

within the Precinct Plan- Site / Block integration Proposals

17. Special Construction Methods17.1. Due to the sensitivity of the marine tanks within the Ushaka Marine World, the

construction methodologies utilized could have an impact on the Marine World and the methodologies should minimize the amount of vibration within the area comprising the Special Zone during construction. The construction methodologies intended to be followed must be submitted during the building plan submission phase for approval by the local authority. In addition this clause must be introduced into any land sales agreement.

18. Glossary of Terms and DefinitionsUnless where described below, or otherwise described/provided for in Section A or Section B above, the definitions of the Scheme will apply.- Primary Developer refers to the Durban Point Development Company as the entity entering

into agreement with the Council and which is responsible for the administration, planning and detailed design of the POINT WATERFRONT and its development.

- Local Authority refers to the eThekwini Municipality and is the competent authority under which the Primary Developer discharges its development undertakings, duties and responsibilities

- Development Rights refers to bulk floor area and all development parameters ascribed to a Lot in terms of the Development Framework.

- Lot Owners' Association (LOA) refers to the Association set up by the Primary Developer (in which the Primary Developer shall retain an ongoing interest) to which every lot owner and occupier shall belong, and by which Association's objectives and requirements such members shall be bound.

- Design Review Panel refers to a body set up by the Primary Developer, to assess the plans required in terms of this zone and to assess all development proposals by secondary developers prior to the submission of Building Plans to the Local Authority for approval.

- Permitted Floor Area Bank is a term referring to the pool of development rights (bulk floor area) which is allocated by the Primary Developer within the ambit defined by this zone.

- Primary Floor Area Rights refers to the total approved bulk floor area rights which are available to the Primary Developer.

- Scheme refers to the Durban Scheme.- Special Zone Area refers to the properties that are included within this Special Zone 91: Point

Waterfront.- Storey(s): Means that part of a building which is situated between two floors, or if there is no

floor above it, the underside of the ceiling. Such storey shall not exceed 4.5m in height for residential and 5.5m in height for other uses, save that:

i) Spaces provided for lifts, elevators and similar rooms or architectural features and which are in proportion to the building shall not constitute a storey or floor;

ii) In the event of a storey being higher than the height as indicated above, it shall be counted as two storeys;

iii) A mezzanine shall not count as a storey; iv) A basement shall not count as a storey; v) A roof which may contain or support any room shall count as a storey.

- Floor Area Ratio refers directly to Plot Area Ratio as utilised within the Durban Scheme.


1.5.3.1.3.1.1 For the following Reasons:-

(a) The increase in Bulk will ensure the economic viability of the area and encourage further investment

(b) The existing scheme clauses are complex. The simplification of the scheme clauses and control will enable better management of the special zone

(c) The proposed development will promote Durban’s identity as an exciting 21st century African city by creating a built environment that is integrated into the rest of the CBD

(d) The location of the Point Waterfront Development is considered valuable as it is situated between the Indian Ocean and the Harbour. The proposal enhances these qualities creating a unique Durban experience for all

(e) The proposal is seen as a world class iconic development in the context of a city wide development process aimed at the revitalisation of the CBD and immediate urban edge

(f) The potential income generation flowing from the Point Waterfront Development with Durban hosting the Commonwealth games is substantial.

1.5.3.2 That in terms of Section 13(1)(a) of the KwaZulu-Natal Planning & Development Act, 2008 (Act No. 6 of 2008) and together with Section 42(3) of The Spatial Planning and Land Use Management Act No 16 of 2013, the amendment to the Durban Scheme by rezoning of a portion of Rem of Erf 12524 Durban (Extension of Promenade) from Special Zone 91 to Beach Zone for the following Reasons:-

1.5.3.2.1 The proposed rezoning will allow for a uniform zoning all along the Durban Beachfront

1.5.3.2.2 The Promenade land is owned and will be managed by the Council

1.5.3.2.3 The proposed uses along the Promenade are correspond with the free entry uses permitted within the Beach Zone

1.5.3.2.4 All line departments support the proposed development

1.5.3.2.5 The amendment to the Environmental authorisation has been adopted

1.5.3.3 That in terms of Section 26 (1) (a) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008) and together with Section 42(3) of The Spatial Planning and Land Use Management Act No 16 of 2013, Plan No.:99DUR dated 3rd

July 2015 (ver. 3). of the above Subdivision application, be approved subject to the following conditions as imposed in terms of Section 26 (3):-


1.5.3.3.1 Conditions of Establishment:

1.5.3.3.1.1 Sub divisional layout (Minimum lot area, frontage and access ways to hatchet shaped subdivisions)

The area of each of the Portion 42, 90 – 99 of Erf 12524 Durban and the Remainder shall not be less than 240m² in extents (inclusive of access ways in hatchet subdivisions) and the street frontage to Portion 42, 90 – 99 of Erf 12524 Durban and the Remainder shall not be less than 9m. The access strip serving Portion 42, 90 – 99 of Erf 12524 Durban is to be not less than 4m in width, and is to be included wholly within and form part of such Portion.

1.5.3.3.1.2 Lodging of diagrams

The owner shall lodge diagrams relating to the proposed subdivision with the Surveyor-General for approval in terms of Section 32 within five years of the date of the approval of the subdivision as contemplated in terms of Section 29 of the Act. No certificate as required in terms of Section 31(5) and 34(2) shall be issued unless the said SG diagrams have been approved by the Surveyor General.

1.5.3.3.1.3 Lodging in Deeds Office

When the first registration is sought, a copy of this letter, signed by the Head: Development Planning, Environmental Planning and Management, the certificate contemplated by Section 31(5) and 34(2) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008) and the approved diagrams together with the deeds and other documents that the Registrar of Deeds may require for the registration of the subdivision or consolidation of the land as required in terms of Section 31(5) and 34(2) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008) shall be lodged with the Registrar of Deeds.

1.5.3.3.1.4 Building prior to transfer

In terms of Section 31(3) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008), a person may not develop the property until such time as written application has been made to the Head: Development Planning, Environmental Planning And Climate Protection And Management and the said Head has issued such consent in writing and certified that conditions of this approval have been complied with.

1.5.3.3.1.5 Water supply

Prior to the approval of the township, the owner shall lodge with the Head: Development Planning, Environmental Planning and Climate Protection and Management, a certificate furnished by eThekwini Water, P O Box 1038, Durban, 4000 to the effect that arrangements to its satisfaction have been made for the provision and conduct of a water supply to the private township. A copy of the approved sub divisional diagrams, or the General Plan, shall be lodged with Metro Water.


1.5.3.3.1.6 Sewage disposal

Prior to the approval of the township, the owner shall lodge with the Head: Development Planning, Environmental Planning and Climate Protection and Management, a certificate furnished by eThekwini Wastewater Management Department, P O Box 1038, Durban, 4000 to the effect that arrangements have been made to its satisfaction for the disposal and/or purification of sewage and waste water which will result from the occupation of the township in terms of the clauses of the Water Act No. 36 of 1998. Such certificate shall be issued in terms of the requirements of Durban Metro Wastewater Management Department.

1.5.3.3.1.7 New road

A road (Portion 99 on the layout plan) not less than 24 metres in width is to be established in the layout as shown in pink on the approved plan of the township. The divergence from the boundary to the radius of the curve at any point is not to exceed 2% of the width of the road. Such road is to be beaconed and registered as a road sub in favour of the Point Precinct Trust upon completion.

1.5.3.3.1.8 Servitude indicated on the plan

An Access and General Services servitude not less than 6 metres in width, as shown in brown hatch on the subdivision plan, and traversing Portion/s 40, 90-99 of Erf 12524 Durban is to be surveyed in accordance with the Survey Regulations and registered in favour of the Point Precinct Trust upon completion.

1.5.3.3.1.9 Telkom

A Telkom plant may be affected by the proposal and alterations to the existing plant may be necessary. An estimate of the cost involved will be furnished upon receipt of a written request to Telkom. A request to relocate the plant shall be undertaken at the owners request and cost. Telkom cannot accept responsibility for any re-instatement costs and the plant should be accessible at all times.

1.5.3.3.1.10 Department: Agriculture, Environmental Affairs and Rural Development

The development on Portions 42 and 90-99 of Erf 12524 Durban shall comply with the Environmental Authorization DM/Amend/4451/2013 dated 21st October 2014 and the Environmental Management Plan (EMP) prepared and approved by the eThekwini Municipality unless a new Environmental Authorization has been issued in that case the development of the said Portions shall comply with the new Environmental authorization.

An Environmental Control Officer (ECO) shall be appointed to ensure compliance with the EMP. The ECO must be on site during construction and prepare audit reports which are to be submitted to the Municipality for review.

1.5.3.3.1.11 Servitude indicated on the plan

(a) Portions 90 – 99, all of Erf 12524 Durban shall be subject to a Communication and Security Servitude and the servitude shall be registered in the respective deeds in favour of the Durban Point Waterfront Management Association (DPWMA), at the cost of the owner. This shall be done simultaneously with the registration of the properties concerned.


(b) Portions 90 - 96 are subject to an Access and General Services Servitude above the Ground Level to a height of 5, 3 m above the Ground Level and the servitude shall be registered in the respective deed in favour of the Point Precinct Trust, at the cost of the owner. This shall be done simultaneously with the registration of the properties concerned.

(c) The Access servitude shall have restrictions as following:-

(i) The servitude areas shall provide for public walkway over basement or semi-basement parking. Buildings from the first floor upwards may extend over the walkway up to the site boundary line.

(ii) Any use of the servitude area for other purposes such as outdoor restaurant seating shall be at the discretion of the Head: Development Planning and Management.

(d) Portion 98 is subject to a Bridge Servitude between the heights of 4,1m to 16,0m MSL, to be registered in favour of the Point Precinct Trust.

(e) Portion 95 is subject to Pipeline servitude as shown, to be registered in favour of the Point Precinct Trust.

(f) Portions 93 and 94 both of Erf 12524 Durban shall be subject to a Beach Access and General Services Servitude above the Ground Level to a height of 5, 3 m above the Ground Level and the servitude shall be registered in the respective deed in favour of the Point Precinct Trust, at the cost of the owner. This shall be done simultaneously with the registration of the properties concerned.

(g) Portions 42, 91, 96 and 97, all of Erf 12524 Durban are subject to a Canal Wall and Foundation Servitudes 0,50m wide and are to be laid off by the owner, who shall supply such survey diagrams as may be necessary. The servitudes shall be registered in the respective deeds in favour of the Durban Point Waterfront Management Association (DPWMA), at the cost of the owner. This shall be done simultaneously with the registration of the properties concerned.

1.5.3.3.1.12 Reserved subdivisions

Portions 96 and 97 both of Erf 12524 Durban are to be vested in the Durban Point Development Company (DPDC) for the benefit of the public and will become public places within the sense of meaning (b) of the definition of ‘public place’ given in section 1 of Ordinance 25 of 1974. Basement Parking will be permitted (various levels to be provided) on this site.

1.5.3.3.2 Conditions To Be Complied With Prior To Approval In Terms Of Section 31(5) and 34(2):

Prior to the issuing of the certificate contemplated by Sections 31(5) and 34(2) of the KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008), the owner shall, in addition, comply with the following conditions, in respect of each subdivision to be registered, to the satisfaction of the EThekwini Municipality or, where the EThekwini Municipality is not the supplier of a particular service, to the satisfaction of the relevant service authority. Written proof of compliance, from the authority concerned, will be required in respect of each condition. The owner shall act on the advice of a professional engineer in respect of any work done in compliance with condition B.


For the purpose of these conditions a “professional engineer” shall mean:-

A person who is registered as a professional engineer in terms of Act No. 46 of 2000 and who possesses cognate experience in the particular branch of engineering applicable to the service under consideration.

1.5.3.3.2.1 Building line and buildings

Prior to the transfer of the erven the owner is to ensure that:-

(a) No buildings other than those permitted in terms of the by-laws or town planning scheme exist on any one proposed lot;

(b) Unauthorised structures have been demolished,

Provided that in exceptional circumstances an agreement may be entered into between the applicant and the EThekwini Municipality, exempting specified buildings under circumstances which must be stated by the municipality in an agreement.

1.5.3.3.2.2 Water supply

A supply of potable water shall be provided to within the normal connection distance of the boundary of each subdivision to be registered, in accordance with the arrangement made in terms of condition A6.

1.5.3.3.2.3 Sewage disposal

An efficient and sanitary system for the disposal of sewage and waste water shall be provided for each of the subdivisions to be registered, in accordance with the arrangement made in terms of condition A7

1.5.3.3.2.4 Electricity

The owner shall provide an efficient supply of electricity to within the normal connection distance of the boundary of each subdivision to be registered.

1.5.3.3.2.5 Roads

The owner shall construct the road referred to in Condition A8 to the satisfaction of the Head : Engineering and shall furnish an undertaking that the said road be maintained in good order and repair until it is taken over by the Point Precinct Trust.

1.5.3.3.2.6 Stormwater drainage

The owner shall construct such facilities as are necessary for the control and disposal of storm-water from the township to the satisfaction of the Head : Engineering and shall furnish an undertaking that the said facilities be maintained in good order and repair until it is taken over by the EThekwini Municipality.


1.5.3.3.2.7 Proposed new streets and pedestrian areas

The owner shall comply with Bylaws 10 - 13 inclusive in respect of the proposed new streets / pedestrian areas within Portion 99 of Erf 12524 Durban and within the proposed Access and General Services Servitudes over Portions 90 – 96 all of Erf 12524 Durban. All costs in this connection shall be borne by the owner. It is recorded that the owners of the land abutting the new streets have not applied for the takeover of such street by the Municipality in terms of section 220 of Ordinance 25 No. 25 of 1974, and that the street is to be vested in the Point Precinct Trust for the benefit of the public and will become a public street within the sense of meaning (c) of the definition of ‘public street’ given in section 1 of Ordinance 25 of 1974.

1.5.3.3.2.8 Canal

The owner shall realign the Canal (Portion 98 of Erf 12524 Durban) to the satisfaction of the Head: Engineering and the Head: Development Planning, Environment and Management, and /or to the level as agreed in terms of a Management/Service Agreement. No certificate in terms of section 31 of the KZNPDA shall be issued in respect of Portion 98 of Erf 12524 Durban until the owner has complied with this condition. Portion 98 of Erf 12524 Durban shall be transferred to the Durban Point Waterfront Management Association (DPWMA).

1.5.3.3.3 Conditions of Title:

(a) PLANNING AND DEVELOPMENT ACT, 2008 (ACT NO 6 OF 2008)

1.5.3.3.3.1 Management Association

The development’s common/public area shall be managed in terms of a Management Agreement between the Durban Point Waterfront Management Association (DPWMA) and the Point Precinct Trust. This agreement shall be undertaken and be in place to the satisfaction of the Head: Development Planning, Environment and Management before a certificate as required in terms of section 31 of the KZNPDA and will be issued in respect of Portions 101-103 all of Erf 12524 Durban (Roads and Canal).

1.5.3.3.3.2 All properties are subject to a communication and security servitude to be registered in favour of the Durban Point Waterfront Association.

1.5.3.3.3.3 Portions 90-95 and 97 are subject to an Access and General Services Servitude at ground Level +5.3m to be registered in favour of the Point Precinct Trust

1.5.3.3.3.4 Portions 42, 91, 96 and 97 are subject to canal wall and foundation servitude 0.50m wide to be registered in favour of the Point Precinct Trust.

1.5.3.3.3.5 Portion 98 is subject to a Bridge Servitude between the heights of 4.1 to 16.0m MSL, to be registered in favour of the Point Precinct Trust

1.5.3.3.3.6 Portion 95 is subject to a pipeline servitude as shown, to be registered in favour of Point Precinct Trust


1.5.3.3.3.7 Portions 93-94 are subject to a Beach Access and General Services Servitude at Ground Level +5.3m to be registered in favour of Point Precinct Trust

1.5.3.3.3.8 Portions 94 and 96 are subject to an Access and General Services Servitude at Ground level +5.3m to be registered in favour of Point Precinct Trust

1.5.3.3.3.9 Any further servitude may be created as and when required during the development process in order to cover services and or any requirements.

1.5.3.3.3.10 All servitudes having height restrictions may be surveyed and registered at a later stage, once final designs have been completed.ADOPTED.

1.6 COLLECTIVE AGREEMENT ON SALARIES AND WAGES 2015-2018 (4/5/1/1)

(Page 79)


That the wage increases granted to employees in accordance with a 3-year Salary and Wage Collective Agreement concluded with the South African Local Government Bargaining Council on 2015-08-25 and effective from 2015-07-01 to 2018-06-30, be extended to employees appointed in terms of Section 54A and 56 of the Municipal System Act 32 of 2000 as amended, which agreement covers provisions with respect to (i) Salary and related increases; (ii) Medical Aid; (iii) Retirement Funds; and (iv) Home Owners Allowance.ADOPTED.

1.7 ETHEKWINI MUNICIPALITY AND TRANSNET NATIONAL PORT AUTHORITY-THE DURBAN SEAPORTS INTEGRATED TRAFFIC MANAGEMENT AND SUPPORTING INFRASTRUCTURE PLAN PROJECT (26/2/3/1)

(Page 85)


1.7.1 That a joint study between the City and Transnet to address the implications of long-term Port development in the Port of Durban Dig-Out Port, be supported.

1.7.2 That the Head: eThekwini Transport Authority be authorised to develop a Memorandum of Agreement with Transnet National Port Authority to define roles and responsibilities, governance, management, authority and funding for this joint initiative; and also develop a scope of work for the Durban Seaports Integrated Traffic Management and Supporting Infrastructure Plan Project.

1.7.3 That the City Manager be granted authority to sign the final Memorandum of Agreement between Transnet National Port Authority and eThekwini Municipality for the Durban Seaports Integrated Traffic Management and Supporting Infrastructure Plan Project.ADOPTED.


1.8 REQUEST FOR AUTHORITY TO IMPLEMENT SECTION 116 (3) OF THE MUNICIPAL FINANCE MANAGEMENT ACT TO AMEND CONTRACT NO.4V-5669 FOR THE CONSTRUCTION OF CIVIL ENGINEERING INFRASTRUCTURE AND FOUNDATION SLABS TO THE ETAFULENI HOUSING PROJECT (9/1/3 & 22/7/1/1/3)

(Page 88)


1.8.1 That authority be granted to amend the provision of civil engineering Contract 4V-5669 to cover the construction of Civil engineering infrastructure and foundation slabs to the Etafuleni Housing Project – Phase 1, in terms of Section 116(3) of the Municipal Finance Management Act, due to the following reasons:-

1.8.1.1 A need exists to extend the contract to accommodate Phase 1D-B which has previously been obstructed due to residents refusing to be relocated. The majority of residents have since agreed to be relocated and it will be in the best interest of the Municipality to proceed with this phase since a significant amount of work has already been done at the inception of the project.

1.8.1.2 The inclusion of Phase 1D-B will ensure continuity of the project thereby increasing service delivery to the residents and also maintain contractor's presence on site while limiting the risk with the Municipality eliminating split accountability that will arise from using two different contractors for the same work on the same site.

1.8.1.3 Phase 1D-B is located in Ward 56 which recently has engaged in service delivery protest and the continuation of this phase will minimise the risk of further protest since a further 346 sites will be delivered and the project is expected to commence in January 2016.

1.8.2 That subject to the adoption of .1 above, public notices be advertised in the relevant print media requesting comments and/or objections to the proposed amendment to Contract 4V-5669 in line with the requirements of Section 116(3) of the Municipal Finance Management Act.ADOPTED.

1.9 REQUEST FOR PUBLIC PARTICIPATION PROCESS IN TERMS OF REGULATION 34 (3) READ WITH REGULATION 35 OF THE MUNICIPAL ASSET TRANSFER REGULATIONS IN RESPECT OF THE PROPOSED LEASE OF LAND: HOY PARK MANAGEMENT (PTY)LTD: MASABALALA YENGWA AVENUE/SMISO NKWANYANA ROAD/JACKO JACKSON DRIVE (17/2/1/2/5)

(Page 91)


1.9.1 That the Accounting Officer be authorised to conduct the public participation process in terms of Regulation 34(3)(b) and Regulation 35 of the Municipal Asset Transfer Regulations for the period of thirty (30) days in respect of granting a right to use the capital assets described as Rem of Erf 1, Erf 11577, Rem of Erf 11578 and Erf 11579 all of Durban for the development of a Sports Academy.


1.9.2 That the Accounting Officer be authorised to solicit the views and recommendations of the National Treasury and the relevant Provincial Treasury in terms of Regulation 35 of the Municipal Asset Transfer Regulations.ADOPTED.

1.10 DRAFT 2016 CALENDAR OF MEETINGS

(Page 131)


That Council notes draft 2016 Calendar of Meetings attached herein, on the basis that a final Calendar will be communicated to all Councillors in a form of a Circular.NOTED.

1.11 BUDGET STATEMENT REPORT FOR THE MONTH ENDED 30 SEPTEMBER 2015 (7/1/4)

(Page 146)


That the Budget Statement Report for the month ended 2015-09-30, submitted in compliance with Section 52(d) and 71 of the Municipal Finance Management Act and Section 28 of the Municipal Budget and Reporting Regulations in terms of Government Notice 32141 dated 2009-04-17, relating to the "Local Government: Municipal Finance Management Act 2003, the Municipal Budget and Reporting Regulations", be noted.NOTED.

1.12 SERVICE DELIVERY AND BUDGET IMPLEMENTATION PLAN (SDBIP) QUARTERLY REPORTING : 30 SEPTEMBER 2015 (2/10/1/1/1)

(Page L21)


1.12.1 That the Service Delivery and Budget Implementation Plan for the quarter ended 2015-09-30, which reveals noticeable achievements with the overall performance of 81.31% and the breakdown as follows: Plan 1: Develop and Sustain Spatial, Natural and Built Environment having achieved 84.21%; Plan 2: Developing Prosperous, Diverse Economy and Employment Creation: 96.81%; Plan 3: Creating Quality Living Environment: 72.41%; Plan 4: Fostering Socially Equitable Environment: 66%; Plan 5: Creating Platform for Growth, Empowerment and Skills Development: 97.14%; Plan 6: Embracing Cultural Diversity, Arts and Heritage: 84.62%; Plan 7: Good Governance and Responsive Local Government: 69.51%; and Plan 8: Financially Accountable and Sustainable City: 76.19%, be noted.


1.12.2 That the Service Delivery and Budget Implementation Plan for the quarter ended 2015-09-30 be submitted for consideration by the respective Support Committees to perform oversight role and monitor the performance of Departments in order to take steps to ensure set targets of projects are achieved in the upcoming quarters.Recommendation 1.12.1 NOTED and Recommendation 1.12.2 ADOPTED.

1.13 MAYOR'S REPORT: PAYMENT TO DKS HOLDINGS (PTY) LTD

(Raised Verbally)

Given issues surrounding the decision taken by Council at its meeting held on 2015-09-30 to pay DKS Holdings (Pty) Ltd, the Head: Legal and Compliance was requested to give a report to determine a way forward on this matter. The Executive Committee (EXCO) acknowledged that the decision taken on this matter was based on the findings presented to this Committee but that there had been latest developments arising from further investigation by the officials. Meanwhile, it was clarified that any information on a Council matter brought to the attention of a politician should be channelled through the City Manager as the Accounting Officer.

Giving a report, the Head: Legal and Compliance advised that the investigation has revealed that in 2007 EXCO took a resolution to waive penalties that had been imposed on the service provider DKS Holdings. At that point they had performed about 96% of the work and they had cash flow problems. Therefore, on a once-off basis EXCO then resolved that they were going to allow penalties to be removed from that company so that they could finish the work. However, the Department concerned did not implement this decision. Instead, the Department put a condition that the company was to release to them a work programme within 7 days.

Upon the company's inability to release work programme within the stipulated period their contract was terminated and new service provider appointed. On the termination of contract, the Municipality wrote to Constantia Insurance Company, which had issued a surety bond in favour of DKS Holdings, requesting compensation for the company's failure to perform on the contract. The insurance company subsequently paid the Municipality the amount of R1824 000.00 (One Million Eight Hundred and Twenty Four Thousand Rand) based on the bond that they had issued. Once this payment was received by the Municipality, the matter of the surety should have been closed on the side of the Municipality. The Insurance Company then had recourse against DKS Holdings and took judgment against this company in 2008.

The relevant Department had failed to implement EXCO decision to waive penalties imposed on DKS Holdings to enable the company to complete work. It had been established that the new service provider appointed to complete work was paid more than the penalties and, according to the Department, this was due to poor workmanship by DKS Holdings. It is then concluded that there is no legal basis for the Municipality to make any payment to DKS Holdings.

Meanwhile, the Insurance Company after learning that the Municipality had taken a decision to pay DKS Holdings, it had since served the Municipality with a Writ of Attachment of whatever payments the Municipality would make to DKS Holdings. This attachment is based on a judgment taken against DKS Holdings for the R1 824 000.00 plus interest at 15.5%. According to the writ, DKS is liable to pay the insurance company an amount of R3 680 000.00 (Three Million Six Hundred and Eighty Thousand Rand). Therefore, in order to get the Municipality out of this attachment of debt, in terms of the written report in possession by the Head: Legal


and Compliance, it is recommended that the two decisions taken in 2007 and 2015 respectively on this matter should be rescinded on the basis that the Municipality is not required to pay DKS Holdings.

The report presented by the Head: Legal and Compliance comprising a recommendation to rescind the decisions taken by EXCO and Council on this matter was unanimously supported.

Accordingly, given the legal opinion received confirmingthe right of the Municipality not to pay any money to DKS Holdings (Pty) Ltd,


1.13.1 That the resolution adopted by the Executive Committee on 2007-10-02 to waive penalties imposed on DKS Holdings (Pty) Ltd, be rescinded.

1.13.2 That the decision taken by Council on 2015-09-30 to pay DKS Holdings (Pty) Ltd retention money to the value of R800 000.00 (Eight Hundred Thousand Rand) and release surety to the value of R1 600 000.00 (One Million Six Hundred Thousand Rand) plus VAT, in respect of Contract 1H-809 for the construction of housing accommodation at Umlazi Glebelands Community Residential Unit, be rescinded.ADOPTED.

1.14 PROPOSAL TO INTEGRATE MOSES MABHIDA STADIUM UNDER INKOSI ALBERT LUTHULI INTERNATIONAL CONVENTION CENTRE (31/2/1/5/2)

(Page L1)

A comprehensive presentation was made to the Executive Committee to outline a rationale behind a proposal to integrate Moses Mabhida Stadium under Inkosi Albert Luthuli International Convention Centre. Various models explored for this purpose were presented and the proposed integration was considered an ideal model in view of transversal functions between the two parties.

Taking into account that the matter was referred for consideration by the Support Committees, an update report presented at the Executive Committee confirmed that consideration of the matter was still outstanding at the Community and Emergency Services and the Finance & Procurement Committee level. The Chairperson of the Community & Emergency Services Committee requested that her Committee should be also given the opportunity to scrutinise the matter since the sporting issues fell under the jurisdiction of this Committee. This was agreed to.

In considering the consultation process with the relevant parties which was still pending on this matter and which might take long whilst there was an urgent need to address staffing issues in view of the imminent expiry of the arrangements held with Ushaka Marine World regarding the staff of the Moses Mabhida Stadium, it was recommended that the two Committees still to discuss this matter should consider convening Special meeting specifically for this item. On the other hand, a proposal was made that, in order to accelerate consultation process, authority be requested from Council to mandate the Executive Committee to finalise this matter so as not to await the Council meeting of 03 December 2015.


Accordingly,


1.14.1 That given time constraints and taking into account the lengthy consultation process required with relevant parties on the issue relative to the proposed integration of the Moses Mabhida Stadium into the Inkosi Albert Luthuli International Convention Centre, in particular, the human resources issues, Council is requested to mandate the Executive Committee to consider input from Support Committees and respective Political Party Caucuses on this proposal and then discuss the matter to make a final decision.

1.14.2 That a final decision taken by the Executive Committee on this matter be reported at the next Council meeting for information and record purposes.ADOPTED.

1.15 UPDATE ON MEC FOR COGTA'S ASSESSMENT OF INTEGRATED DEVELOPMENT PLAN 2015/16

(Page L3)


1.15.1 That Council notes that the eThekwini Municipality's Integrated Development Plan (IDP) has been ranked No. 2 by the MEC for Co-operative Governance and Traditional Affairs (COGTA) thus achieving 75.27%, with the first place having been taken by UMzimkhulu at 76.20%.

1.15.2 That it be noted that the MEC has submitted matters of emphasis and observations as detailed in her report dated 2015-10-22 around issues of (i) Municipal Transformation and Institutional Development; (ii) Local Economic Development; (iii) Basic Service Delivery; (iv) Financial Management and Viability; (v) Good Governance and Public Participation; (vi) Cross Cutting Interventions; (vii) Strategic Thrust of the 6 KPAs; (viii) Implementation of Operation Sukuma Sakhe; and (ix) Back to Basics, it being recorded that these issues will be taken into consideration by the IDP office.

1.15.3 That the following recommendations made by the MEC for COGTA pertaining to future engagements, be noted:-

1.15.3.1 The eThekwini Municipality should compile and publish a public notice in terms of Section 25 (4) of the Municipal Systems Act announcing that the IDP has been reviewed and adopted. This is required by auditors as they undertaken the municipal audit process.

1.15.3.2 Given that the eThekwini Municipality is affected by the re-demarcation process, it should actively participate in the Change Management Committee and consider the demarcation implications in its final review of the 3rd generation IDP and Spatial Development Framework.


1.15.3.3 The eThekwini Municipality must taken into consideration the local government elections when adopting the final review of the 3rd generation IDP. All statutory requirements, obligations and timeframes with regard to the review and adoption of Budget and IDP have not been waived.

(i) Whether elections will be held before or after 30 June 2016 Council must adopt a Reviewed IDP by 30 June 2015 (2016/17 Reviewed IDP).

(ii) If elections are held before 30 June 2016 current Council must adopt the 2016/17 IDP Review for implementation by a new Council from 01 July 2016.

(iii) If elections are held after 30 June 2016 current Council must adopt the 2016/17 IDP Review by 30 June 2016 for implementation by a new Council after 01 July 2016 and will also implement the IDP for a part of the 2016/17 financial year. The new Council will implement IDP from the date of election to the end of the financial year.

(iv) Current Council must table the draft IDP Review for 2016/17 implementation by 31 March 2016 together with the draft budget for 2016/2017.

NOTED.

1.16 REQUEST FOR AUTHORITY TO PARTICIPATE AT THE TWENTY-FIRST CONFERENCE OF THE PARTIES ANNUAL CLIMATE CHANGE NEGOTIATIONS, 01 - 10 DECEMBER 2015, PARIS

(Page L4)

The Democratic Alliance referred to what it regarded as economic crisis and therefore requested that the number of Councillors to participate in this Conference should be reduced. The Deputy Mayor clarified that this was a thematic conference therefore each Councillor will represent the Municipality in a specific theme, hence, the reason for the request for five Councillors to participate in this Conference. She further advised that climate change was a global challenge and the City was required to prioritise this matter and participate in its capacity building programmes.

With the Democratic Alliance dissenting,


1.16.1 That authority be granted for His Worship the Mayor, Councillor JS Nxumalo, to travel and participate at the Twenty-First Conference of the Parties Climate Change Negotiations taking place from 01 to 10 December 2015 in Paris given his role as the ICLEI Global Executive Committee's first Vice-President.

1.16.2 That authority be granted for a number of 5 (five) Councillors and two officials to travel and participate in the Conference referred to in .1 above in support of His Worship the Mayor's adaptation responsibilities and for capacity building and personal development.


1.16.3 That Councillors and officials be regarded as being on Municipal Business during the period of the Conference and while travelling to and from Paris

Financial Implications:

Name Flights Accommodation Visa S&T

His Worship the Mayor R50 000.00 R40 000.00 - As Per Policy

Councillor x 5 R75 000.00 R200 000.00 R7 500.00 As Per Policy

Officials x 2 R30 000.00 R 80 000.00 R3 000.00 As Per Policy

TOTAL R155 000.00 R320 000.00 R10 500

ADOPTED, by a majority vote.

1.17 REQUEST TO AUTHORISE EVENTS LEVERAGING AND DESTINATION PROMOTION THROUGH EVENTS FUNDING AND PARTNERSHIP DURING DURBAN SUNSATIONAL SUMMER SEASON

(Page L2)

The Executive Committee discussed the events to be funded by the City during the festive season. It was confirmed that the events are budgeted for. The Committee submitted that the Head: Tourism,Business Supportand Markets should consider including all events taking place within the City. On the issue of different funding allocated to events, the Head submitted that the costs were largely informed by the nature of benefits to be obtained as a result of funding the event. It was indicated that the event taking place at the Moses Mabhida Stadium or Inkosi Albert Luthuli International Convention Centre were usually costly due to venue hire.

The Head indicated that some of the events such as Durban Jazz Festival and Fact Durban Rocks have already been allocated funding as per the previous approval but that the amount included in the current submission was for leveraging activities.

The Committee then referred to events which had been held without having been approved by the Executive Committee and Council. It was then emphasised that all events should be approved within the Council Committee structures.

Accordingly,


1.17.1 That authority be granted for the eThekwini Municipality to enter into partnership with event organisers and incur expenditure for the events as follows:-

No. EVENT DATE AMOUNT

1. INK Hop Festival 31 October 2015 R300 000.00

2. Indlamu Cultural and Traditional Festival Dec 2015 and Jan 2016 R500 000.00

3. Durban Underground 25 December 2015 R100 000.00

4. Joyous Celebration 19 December 2015 R512 000.00 towards hire of Moses Mabhida Stadium

5. Durban Beach Festival 26 Dec 2015 - 01 Jan 2016 R500 000.00

6. The launch of Amambazo Night of Legends

03 December 2015 R150 000.00



Total Amount Excluding VAT R2 062 000.00

VAT R288 680.00

TOTAL (Incl. VAT) R2 350 680.00

Vote No.: 30010.10565

Leveraging Events:


1. Durban Jazz Festival 26 December 2015 R250 000.00

2. Fact Durban Rocks 31 December 2015 R250 000.00

3. Umgababa New Year's Picnic 01 January 2015 R150 000.00

Total Amount Excluding VAT R650 000.00

VAT R91 000.00

TOTAL (Incl. VAT) R741 000.00

Vote No.: 26723.03973


1. AndileKaMajola Concert 06 November 2015 R1 500 000.00

TOTAL (Excl. VAT) R1500 000.00

To be funded through mid-term budget adjustments

1.17.2 That authority be granted to the City Manager to negotiate and conclude contracts with various event organisers of the sunsational summer season events

1.17.3 That subject to the adoption of .1 and .2 above, the Head: Business Support, Tourism and Markets keeps the City informed of progress and the outcome of the negotiations and the hosting of the events.ADOPTED.

2. REPORT OF THE ETHICS COMMITTEE

FINDINGS AND RECOMMENDATIONS IN RESPECT OF ALLEGED BREACH OF THE CODE OF CONDUCT BY THE IFP COUNCILLORS AT THE COUNCIL MEETING HELD ON 19 MARCH 2014 AT ROTARY STADIUM IN WARD 39, KWAMASHU (3/5/1/1)

Hearings in respect of Councillors S Bhanprakash, TJ Gumede, NC Gumede, NB Iyir, M Mngadi, Jane Naidoo and MS Nkosi.

2.1 INTRODUCTION

“Every art and every inquiry, and similarly every action and pursuit, is thought to aim at some good; and for this reason the good has rightly been declared to be that at which all things aim.”Nicomachean ethics, Book I, Aristotle.


Indeed a public office bearer upon taking office is expected to uphold the good of the office. A public office bearer cannot and should not choose which laws and regulations to uphold. We have a responsibility to society to lead by example in upholding the laws.

Our value of judgement should not faulter because as custodians of laws and regulations we are expected to be implementers and not transgressors.

“Morality cannot be legislated, but behaviour can be regulated. Judicial decrees may not change the heart, but they can restrain the heartless.” Martin Luther King Jr.

2. 2 BACKGROUND

The Ethics Committee convened the hearing for the IFP Councillors on 2014-08-12. At the commencement of the hearing, the IFP Attorney, Mr de Klerk drew the attention of the Committee to the rules of natural justice, which rules spoke about issues of independence, fairness and objectivity. He then pointed out that in view of the members of the Ethics Committee having been present at the Council meeting where the incident of the alleged breach of conduct occurred, the Committee lacked independence in dealing with this case.

In considering the submissions made by the IFP Attorney, the Committee felt that the Attorney already had pre-conceived ideas about the process and it appeared he had concluded that an adverse outcome will be reached against his clients.

The Committee referred to its founding mandate and thereafter maintained that the IFP case falls within its area of jurisdiction. However, it agreed to adopt a different approach in handling this case to simply satisfy the accused that they have been given a fair hearing. Accordingly, the Committee resolved to recommend to Council to give authority for the Committee to appoint a firm of Attorneys to proceed with the case on its behalf.On 2015-03-31, Council adopted the recommendations of the Ethics Committee to the note the appointment of Attorneys, A.P. Shangase & Associates to initiate disciplinary proceedings against the Councillors of the Inkatha Freedom Party (IFP) and to note the appointment of Advocate Joe Nxusani to preside over the disciplinary hearing of the aforementioned Councillors.

2.3 CHARGES

Section 16 of the Rules of Order By-Law, 2014, Chapter 4 of the Councillors Conduct states that: A Councillor must -

16(1) During a Council or Committee meeting, Councillors and Officials must -

(a) Conduct business with the highest decorum and integrity that the occasion deserves;

(b) At all times adhere to the principles contained in the Code of Conduct and the rules contained in this By-Law;

(c) At all times adhere to the By-Laws of the Municipality and the Rule of Law;

(d) Not use offensive or objectionable language;(e) Not use a cellular phone during meetings; and


(f) Not bring a firearm or any dangerous weapon into a meeting of Council or any of its Committees.

(2) Whenever the Speaker or Chairperson rises during a debate, any Councillor then speaking or offering to speak, must remain silent and the Speaker or Chairperson must be heard without being interrupted.

(3) During a debate a Councillor may not converse with another person loud enough to disrupt proceedings.

(4) Other than the Speaker or Chairperson, a Councillor may not interrupt another Councillor while speaking, except to call attention to a Point of Order or explanation.

(5) A Councillor may not use offensive or unbecoming language during proceedings.

(6) The Speaker or Chairperson, after having called attention to the conduct of a Councillor who persists in irrelevant or repetition of arguments, must direct such Councillor to conduct themselves properly, or if speaking, to discontinue that speech and resume their seat.

In terms of the offence committed above, it was established that the IFP Councillors had contravened item 2(b) of Schedule 1 of the Local Government : Municipal Systems Act 32 of 2000 which read as follows:-

“A Councillor must at all times act in the best interest of the Municipality and in such a way that the credibility and integrity of the Municipality are not compromised.”

2.4 HEARING

2.4.1 On 2015-08-12, a disciplinary enquiry involving the IFP Councillors had been convened by Attorneys, A.P. Shangase & Associates to ascertain the possible reasons which gave rise to the misconduct by the IFP Councillors at the Council meeting held on 19 March 2014 at Rotary Stadium in Ward 39, KwaMashu. The Hearings were held pursuant to the Code of Conduct of Councillors in Schedule 1 of the Municipal Systems Act 32 of 2000.

2.4.2 The meeting was presided by Advocate Joe Nxusani who occupied the Chair and Mr A.P. Shangase representing the Municipality in his capacity as the Prosecutor. It was noted that Councillors S Bhanprakash, NB Iyir and Jane Naidoo were not present for this Hearing, however granted Mr Lourens de Klerk authority to act and settle matters on their behalf. With Councillors TJ Gumede, NC Gumede, M Mngadi and MS Nkosi being in attendance and with Counsel’s approval to continue with the Hearing, the meeting proceeded on a formal basis.

2.4.3 Prior to the commencement of the above Hearing, Mr Lourens de Klerk and Mr Shangase in conjunction with the Speaker entered into informal discussions to ascertain a way forward in resolving the alleged breach of the IFP Councillors amicably. In deciding on an appropriate manner to dispose of the matter, the Parties present felt that the processes anticipated herein would be cumbersome and costly, hence agreed to the settle the matter amicably by means of the IFP Councillors submitting a written apology to the Speaker for their unruly behavior at the Council meeting held on 19


March 2014 by 21 August 2015. Furthermore, with due cognisance having being given to the fact that the Municipality settled matters of a similar nature previously by way of accepting apologies, it was felt that this was the most preferred approach to use. It should be noted that upon considering the above decision, the Parties took into consideration the Speaker’s acceptance to the written apology.

2.5 SUBMISSION

On 2015-09-28, the Legal & Compliance Unit received feedback via. e-mail from Attorneys, A.P. Shangase & Associates confirming their decision on the above matter. It was recommended that:-

5.1 The IFP Councillors submit a written apology to the Speaker for their behavior at the Council meeting held on 19 March 2015, it being noted that the Speaker presents such apology to Council for adoption.

5.2 The Disciplinary Enquiry be postponed sine die, it being recorded that subject to the acceptance of apology by Council, the Disciplinary Hearing and Charges be expunged or withdrawn.

2.6 RECOMMENDATION

Accordingly,


2.6.1 That the Ethics Committee notes the findings and recommendations from Attorneys, A.P. Shangase & Associates arising from a Disciplinary Enquiry held with the IFP Councillors at a sitting held on 12 August 2015.

2.6.2 That the IFP Councillors submit a written apology to the Speaker for their unruly behavior at the Council meeting held on 19 March 2015, it being noted that the Speaker presents such apology to Council for adoption.

2.6.2.1 That subject to the adoption of 6.2 above, the written apology by the IFP Councillors be presented in the next Council meeting.

2.6.3 That the Disciplinary Enquiry be postponed sine die, it being recorded that subject to the acceptance of apology by Council, the Disciplinary Hearing and Charges be expunged or withdrawn.

2.6.4 That the Report of the Ethics Committee relative to the alleged breach of the Code of Conduct by the IFP Councillors at the Council meeting held on 19 March 2014 at Rotary Stadium in Ward 39, KwaMashu, be adopted and thereafter be submitted to the MEC for Co-operative Governance and Traditional Affairs for information.

ADOPTED.


3. APPLICATIONS FOR LEAVE (3/4/2)

The following Councillors were granted leave of absence as indicated:-

Councillor H Cele : 2015-10-28 (Indisposed)Councillor TP Collins : 2015-10-28 (personal Commitments)Councillor P Davis : 2015-10-28 (Personal Commitments)Councillor M Dasarath : 2015-10-27 to 30 (Indisposed)Councillor MAK Dladla : 2015-10-28 to 11-06 (Personal Commitments)Councillor AN Dlamini : 2015-10-28 to 29 (Personal Commitments)Councillor JM Dlamini : 2015-10-26 to 11-01 (Municipal Business)Councillor D Ganesh : 2015-11-25 to 30 (Personal Commitments)Councillor BT Gumede : 2015-10-26 to 30 (Municipal Business)Councillor MP Gumede : 2015-10-28 (Personal Commitments)Councillor NC Gumede : 2015-10-28 (Request to leave at 13:00)Councillor TJ Gumede : 2015-10-28 (Personal Commitments)Councillor D Hoorzuk : 2015-10-27 to 29 (Personal Commitments)Councillor NG Khawula : 2015-10-28 to 30 (Personal Commitments)Councillor LB Khuzwayo : 2015-10-28 (Personal Commitments)Councillor S Khuzwayo : 2015-10-28 to 30 (Personal Commitments)Councillor V Lutyeku : 2015-10-14 to 12-10 (Personal Commitments)Councillor NT Mabaso : 2015-10-28 to 11-24 (Personal Commitments)Councillor LM Meyer : 2015-1026 to 11-01 (Personal Commitments)Councillor AR Mitchell : 2015-11-04 to 17 (Personal Commitments)Councillor BA Mkhize : 2015-10 27 to 28 (Municipal Business)Councillor M Mngadi : 2015-10-25 to 11-02 (Municipal Business)Councillor FT Moyo : 2015-10-21 to 11-11 (Personal Commitments)Councillor SNL Mshengu : 2015-10 28 (Municipal Business)Councillor TS Mtshali : 2015-10 28 (Personal Commitments)Councillor Jonathan Naidoo : 2015-10-28 (Request to leave at 13:00)Councillor Jane Naidoo : 2015-10-28 (Request to leave at 12:30)Councillor T Ncane : 2015-10-28 to 29 (Indisposed)Councillor D Ngema : 2015-10-28 (Personal Commitments)Councillor BA Ngwane : 2015-10-28 (Indisposed)Councillor ZV Nzama : 2015-10-27 to 11-02 (Personal Commitments)Councillor NP Sibiya : 2015-10-27 to 30 (Indisposed)Councillor SW Zenzile : 2015-10-28 to 11-03 (Overseas Trip)

City Administration: Secretariat28October 2015

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